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.

The Council must determine whether the complaint concerns patient care (that is, a complaint alleging that the practice or conduct of a health practitioner has adversely affected a health consumer), or whether 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 Council.

If the complaint does not relate to a health consumer, the Council 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 are:

• that the Council counsel the practitioner;
• that the Council review the competence of the health practitioner;
• that the Council review the practitioners 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

The Council 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 Council, and 1 layperson. Members of the Council may also be on Professional Conduct Committees.

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 the Council. It is likely that the Tribunal will consider only the most serious of complaints.

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

The source of charges before the Tribunal is either the Director of Proceedings (Health and Disability Commissioners Office) or a Professional Conduct Committee.