Complaints

Complaints against practitioners should made be in writing and be sufficiently detailed. It is recommended that complaints be sent to the Health and Disability Commissioner, PO Box 1791, Auckland
Website: http://www.hdc.org.nz/index.php

Where an authority receives a complaint the authority considers if the complaint concerns patient care (ie a complaint alleging that the practice or conduct of a health practitioner has affected a health consumer) or if the complaint is based solely on issues of competence or fitness to practice and there is no identifiable health consumer. If the complaint relates to a health consumer it must be referred to the Health and Disability Commissioner. If the scope of the complaint is not clear, the complaint will be referred to the Commissioner for a preliminary assessment.

The Commissioner may refer complaints to the responsible health registration authority.

The authority assesses the complaint, and considers in light of the nature and circumstances of the complaint, the action or actions that the authority should take to respond to the complaint.

The authority may decide to refer the complaint to a Professional Conduct Committee ( a committee of the authority).

The Professional Conduct Committees can make various determinations and recommendations. Some of the determinations and recommendations are:

that the authority counsel the practitioner;
that the authority review the competence of the health practitioner;
that the authority review the practitioner's scope of practice;
that a charge be brought against the health practitioner in the Health Practitioners Disciplinary Tribunal; or
that no further steps be taken.

Professional Conduct Committees (PCCs)

The authority may appoint these committees from time to time to investigate the complaint and make recommendations and/or determinations. Such committees are composed of 2 health practitioners who are registered with the authority; and 1 layperson. Members of the authority may also be on PCCs.

Health Practitioners Disciplinary Tribunal

The HPCA Act 2003 has established a Health Practitioners Disciplinary Tribunal to hear and determine charges brought before it for any health practitioner covered by the HPCA Act 2003. The Tribunal is a separate body from the health registration authorities. It is likely that the Tribunal will consider only the most serious of complaints.

Health registration authorities will not hear charges that arise from the operation of the HPCA Act 2003.

The Tribunal membership is composed of the Chairperson (Barrister or Solicitor of the High Court), or a deputy Chairperson and 4 others, 3 of whom must be professional peers of the health practitioner and 1 must be a lay person.

A charge against a health practitioner may be laid by either the Director of Proceedings (Health and Disability Commissioners Office) or a Professional Conduct Committee.