Competency

 - failure to meet required standard

This information is for existing practitioners who wish to lodge a complaint against an osteopath.  Members of the public who wish to lodge a complaint against an osteopath are asked to refer to the Consumer Information section of this website.

Notification that the practice of a registered practitioner may pose a risk of harm to the public.

Sections 34 - 44 of the Health Practitioners Competence Assurance Act 2003 govern the following procedure:

If a practitioner has reason to believe that another health practitioner may pose a risk of harm to the public by practising below the required standard of practice, he or she may give the Registrar of the Osteopathic Council written notice of the reasons on which the belief is based.

A practitioner who gives written notice to the Registrar will not be subject to civil or disciplinary proceedings unless he or she acted in bad faith.

If the Council considers the notice to be frivolous or vexatious it does not have to take the matter any further.

The Council may at any time review the competence of a practitioner who holds a current practising certificate, whether or not there is reason to believe that the practitioner's competence may be deficient.

If the Council assesses a risk of serious harm to the public because the practitioner is practising below the required standard of competence, the Council can suspend the practitioners annual practising certificate or change the practitioners scope of practice.

The Council may undertake a review of a practitioner and if the Council has reason to believe the practitioner fails to meet an adequate standard of competence the Council must make one or more of the orders specified in the HPCA Act:

• that the practitioner undertake a competence programme
• that one or more conditions be included in the practitioners scope of practice
• that the practitioner sit an examination or undertake an assessment specified in the order
• that the practitioner be counselled or assisted by one or more nominated persons.

Whenever an employee employed as a health practitioner resigns or is dismissed from his or her employment for reasons relating to competence, the person who employed the employee immediately before that resignation or dismissal must give the Registrar of the Council written notice of the reasons for that resignation or dismissal.