Conduct - Complaints and the Disciplinary Process
Complaints against practitioners should made be made in writing and be sufficiently detailed. It is recommended that complaints be sent to the Health and Disability Commissioner, PO Box 1791, Auckland.
Where a health registration 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 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 the light of the nature and circumstances, 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.
Professional Conduct Committees can make various determinations and recommendations. Some of the determinations and recommendations follow:
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that the authority counsel the practitioners
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that the authority review the competence of the health practitioner;
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that the authority review the practitioners scope of practice;
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that a charge be brought against the health practitioner in the Health Practitioners Disciplinary Tribunal; or
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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. They 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 has established a Health Practitioners Disciplinary Tribunal to hear and determine charges brought before it for any health practitioner covered by the HPCA Act. The Tribunal is a separate body from health the 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.
The Tribunal membership is composed of the Chairperson (Barrister or Solicitor of the High Court), or a deputy Chairperson and four other, 3 of whom must be professional peers of the health practitioner and 1 must be a lay person.
The source of charges before the HPDT is either the Director of Proceedings (Health and Disability Commissioners Office) or a Professional Conduct Committee.
