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| Complaint
is received by the Registrar If a health consumer is affected the complaint is forwarded to the Health and Disability Commissioner (HDC). The practitioner concerned receives a copy of the complaint. |
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| If the HDC refers the
complaint back to the Board the practitioner is asked for comment. A precis and recommendation is prepared for the Board's consideration on what course of action if any should be taken. |
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| The Board may
decide to refer the complaint to a Professional Conduct Committee. The Board also has the choice of referring the matter to be dealt with under Part 3 of the Act which covers competence and fitness concerns; refer it to another agency (e.g. Family Court); or decide to take no further action. |
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| The following relates
to complaints that have been referred to a Professional Conduct
Committee (PCC) PCC will investigate a complaint matter and report its findings to the Board, the practitioner and the complainant. The purpose of the investigation is to the point of making one or more recommendations or one determination or both. Some of the determinations and recommendations include: that the Board counsel the practitioner that the Board review the competence of the health practitioner that the Board review the practitioner's scope of practice that a charge be brought against the health practitioner in the Health Practitioners Disciplinary Tribunal (HPDT) that no further steps are taken. |
Professional Conduct Committees
The Board may appoint Professional Conduct Committees (PCCs) from time to time to investigate a complaint and/or investigate the circumstances of certain offences committed by registered psychologists. PCCs are composed of 2 health practitioners who are registered psychologists, and 1 layperson. A member of the Board may also be appointed to a PCC, if it is considered appropriate to do so.
What does a PCC do?
A PCC receives evidence and investigates a case or class of cases. This
may include oral evidence and written submissions and statements from a range of
people involved with the complaint, and where necessary, a clinical expert. The PCC can also
recommend to the Board that it should suspend a psychologist's practising certificate, if at any time
in the course of investigating the matter, the PCC believes that the
psychologist's practice poses a risk of serious harm to the public.
What can
a PCC decide?
After completing the investigation, the PCC will make one or more
recommendation or one determination, or both.
That the Board review the competence of the psychologists practice
That the Board review the fitness of the psychologist
That the Board review the psychologist's scope of practice
That the Board refer the subject matter of the investigation to the police
That the Board counsel (educate) the psychologist
Determinations include one of the following:
That no further steps be taken in relation to the complaint
That a charge be brought against the psychologist before the HPDT
That a complaint is submitted to conciliation
Please note that there is a clear distinction between ‘determinations’ and ‘recommendations’. The Board is not bound by the Committee’s recommendations but a determination is a final decision that the Board is required to accept. “Recommend” essentially means advice on something that a person thinks should be done. Any recommendation made is on the basis that the Board may take certain steps as a consequence, but it is for the Board ultimately to decide upon the course of action that will follow.
When a PCC makes a determination under setion 80(3)(a) that ‘no further steps be taken under the Act in relation to the subject matter of the investigation’ then no further steps will be taken by the Board in relation to the complaint. This means that the Board cannot revisit the complaint, enter into further correspondence about the complaint, reinstate the PCC and investigation process or any thing else in relation to the complaint, other than to note the determination in the minutes of the next Board meeting and close the complaint file.
Who finds out what the PCC decides?
Any recommendations or determinations made by the PCC are notified to the
Board, the psychologist and the complainant at the conclusion of the PCC's
investigation.
Guidelines about PCCs
The Board has developed comprehensive 'guidelines' to assist PCCs,
psychologists being investigated by a PCC and complainants who have had
their complaint referred to a PCC. These are provided to relevant parties following confirmation
of the membership of the PCC.
Health Practitioners Disciplinary Tribunal
The HPCA Act has established a Health Practitioners Disciplinary Tribunal (HPDT) to hear and determine charges brought before it against any registered psychologist covered by the HPCA Act. The HPDT is a separate body from the Board and other registration authorities. The HPDT typically hears only the most serious of complaints, i.e. professional misconduct.
Health registration authorities will not hear charges that arise from the operation of the HPCA Act.
The HPDT membership is composed of the Chairperson (Barrister or Solicitor of the High Court), or a deputy chairperson and four others, 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 Commissioner's office) or a Professional Conduct Committee (PCC).
HPDT decisions and events are published on the HPDT website: www.hpdt.org.nz
To download a copy of the "HPDT Guide to Disciplinary Proceedings - What happens following notice of disciplinary proceedings against a health practitioner" click here.
General Information about Appeals
Appeal provisions are set out in part 5 of the HPCA Act 2003.
Rights of Appeal to the District Court
Declined registration
Declined application for change to the existing scope of practice.
Declined annual practising certificate application.
Suspension of a practitioner's practising certificate or registration.
Cancellation of registration.
Inclusion of conditions in a practitioner's scope of practice or proposed scope of practice.
Variation of any conditions in a practitioner's scope of practice.
Rights of Appeal to the High Court
This appeal avenue is against a decision of the Health Practitioners
Disciplinary Tribunal. A party may appeal against any determination of
law arising in the appeal. If the appeal is from the District Court it
must be to the High Court, if it is from the High Court, it must be made to the
Court of Appeal. [Link to Courts of New
Zealand]
Practitioners will be notified of their appeal rights as appropriate.
An appeal must be brought to the appropriate court by way of notice of appeal in accordance with rules of the court and must be lodged within 20 working days after the notice of the authority decision or order is communicated to the appellant.
It is normal for a practitioner seeking to exercise a right of appeal to seek the advice and services of a lawyer to act on their behalf.
Board's Process for Handling Complaints under the HPCA Act 2003
Printable version (click here)
Information on how to make a formal complaint against a Registered Psychologist and the referral processes
1. The Board can only deal with complaints against registered psychologists. It is useful therefore to first check that a 'psychologist' who is the subject of a complaint is registered with the New Zealand Psychologists Board. This can be checked on the Internet via the Psychologists Board website "online register" or by contacting the Board's Deputy Registrar - Competence & Complaints, telephone (04) 471-4587.
2. All complaints against registered psychologists should be in writing and addressed to the Psychologists Board and/or the Office of the Health and Disability Commissioner (HDC). Complaints can be sent by post or by email. As much information as possible should be provided and reference to the Code of Ethics for Psychologists Working in Aotearoa/New Zealand [2002] may be included where applicable. Letters of complaint should be sent to the Psychologists Board and/or the HDC:
| The Registrar | The Health and Disability Commissioner |
| New Zealand Psychologists Board | PO Box 1791 |
| PO Box 10-626 | Auckland |
| Wellington 6143 | Email: hdc@hdc.org.nz |
| Email: steve.osborne@nzpb.org.nz |
3. Whenever the Board receives a complaint alleging that the practice or conduct of a registered psychologist has affected a health consumer[1], the Deputy Registrar - Competence & Complaints will promptly forward the complaint to the Health and Disability Commissioner. This is a legal requirement under the HPCA Act and the Health and Disability Commissioner Act. The Deputy Registrar writes to the complainant[2] acknowledging receipt of the letter of complaint and sends a copy of the complaint to the registered psychologist.
4. The Board cannot take any action on a complaint when it is with the Office of the Health and Disability Commissioner.
5. The Health and Disability Commissioner will consider the complaint under the provisions of the HDC Act. The Commissioner may, after reviewing the complaint, decide that it is more appropriate for the Board to deal with it under the complaints and discipline sections of the HPCA Act. If that is the case, the Commissioner's office will write to the complainant setting out the reasons for his decision and refer the complaint to the Board. (This stage can take up to a month or longer in some cases). To check progress by the HDC's office, call their free-phone number 0800 11 22 33.
Making a Complaint against a Family Court Appointed Registered Psychologist
NOTE: The Family Court's "Practice Note - Specialist Report Writers" (which came into effect on 1 June 2006) is available to download in PDF format - (click here)
1. The Family Court should deal with most complaints involving registered psychologists (appointed by the Family Court) as part of its jurisdiction to regulate its own process, and exercise the powers and functions conferred upon the Court by statute. The Board should deal with complaints that raise questions about professional conduct or ethics. The Health and Disability Commissioner should deal with complaints about the examination of the child, who in this context is defined as the consumer of the health service provided. The parents and other parties are not deemed to be health consumers in this context.
2. The Board will typically deal with matters that go beyond the process of the Court and raise questions about professional conduct or ethics. This may include matters such as inappropriate relationships between the report writer and the parties, breaches of privacy, and incompetence.
3. Complaints made to the Family Court about the examination of the child may be directed to the Health and Disability Commissioner, or an Advocate under the Health and Disability Commissioner Act. The child may choose to lay such a complaint with any appropriate party, including the Court.
4. Complaints to be dealt with by the Court where proceedings are pending or in progress should be referred to the presiding Judge. Complaints after proceedings have concluded should be referred to the Regional Administrative Family Court Judge.
5. Where a complaint to the Family Court relates to proceedings that are pending or in progress, the presiding Judge will deal with the complaint, where possible, either before the hearing or in the course of the hearing, for example, through cross-examination, submission, or evidence called on behalf of the complainant.
6. Where a complaint to the Family Court relates to proceedings that have concluded, the Regional Administrative Family Court Judge will consider the complaint and produce a minute[1] containing the view of the Court regarding the complaint. The complaint and minute need not be referred to the Board unless it appears to the Judge there are issues of competence, or other issues best dealt with by the Board in accordance with paragraph 2 above.
7. The Family Court will generally consider all complaints in the first instance. Complaints made directly to the Board should be referred to the Registrar of the Family Court at which the report was requested. The Registrar will refer the complaint to the presiding Judge, or Regional Administrative Family Court Judge, to consider. Where the Board has referred a complaint to the Court, the Judge considering it shall provide a written minute to the Board within 14 days of receipt of the complaint, detailing any opinion on the merits of the complaint, and any action that will be taken by the Court. The Court will advise whether:
(a) The complaint relates to a matter within the Court process, and will be dealt with by the Court; and/or
(b) The complaint appears to be of sufficient seriousness to require referral to the Board in accordance with paragraph 2 above.
8. The
Board will deal with complaints according to its own procedure and the
requirements of the Health Practitioners Competence Assurance Act 2003
(as set out in Part 3).
9. Where a complaint is dealt with by the Board and relates to a report under s133 of the Care of Children Act, or s178 of the CYPF Act, the Board may make written request for a copy of the report. The Family Court will release a copy of the report to the Board for the sole purpose of dealing with the complaint. If the Board appoints a Professional Conduct Committee to assess the complaint, the above protocol applies to the Committee.
[1] "Minute" means brief summary recording matters reviewed.
Complaint (Legislative) Referrals, Management and Professional Conduct Committees
How complaints are processed after being referred to the Board by the HDC or Family Court.
How complaints that have not been referred to the Board by the HDC or Family Court are dealt with.
1. If a complaint is referred back to the Board by the HDC or the Family Court, the Deputy Registrar - Competence & Complaints will inform the complainant and psychologist that the referral has been made. The nature and circumstances of the complaint will be assessed and a recommendation made as to what action or actions the Board should take. The recommendation will be to either: a) refer the complaint to a Professional Conduct Committee; b) refer any competence issues or concerns to the competence review process; or c) refer to another agency (e.g. Family Court); or d) take no further action.
2. The Board may take no further action on a complaint. Reasons for this may include: a) other options, e.g. advocacy, are considered more appropriate; b) the Board considers there is insufficient information to assess the complaint; and/or c) the complaint does not fall under the Board's jurisdiction. The Board will give a reason if it decides to take no further action.
Professional Conduct Committees (PCC)
3. If the Board decides to refer a complaint to a PCC, the Deputy Registrar - Competence & Complaints will inform both parties[1] that a PCC will be appointed. The PCC must consist of 2 health practitioners who are registered with the Board and 1 layperson. (It can take several weeks for a PCC to be established). Once the potential PCC members are appointed, the Deputy Registrar will write to both parties providing a brief description of each PCC member so that they may know a little more about them.
4. The psychologist and complainant may request changes in membership of the PCC but must do so within 5 working days. Either party may give notice in writing requesting that any or all of the PCC members not be appointed and state their reasons for the request. The Board must have regard to the request but does not have to comply with it. If no request for change is received, membership of the PCC is confirmed. The Deputy Registrar will write to both parties confirming PCC membership and provide the PCC members with all the information in relation to the complaint.
5. On confirmation of the PCC's membership, the PCC will officially commence its investigation into the complaint. The PCC is independent to the Board and must adopt and follow its own procedures but must ensure that psychologist, the Board and the complainant are kept informed about the progress of the complaint investigation. Rules of natural justice apply.
6. The PCC may appoint legal advisers to advise the committee on matters of law, procedure or evidence. They may also appoint an investigator to collect information required by the committee and to investigate complaints. A PCC appointed legal advisor and investigator must not be present during the deliberations of the Committee.
7. The PCC may receive as evidence any statement, document, information or matter that, in its opinion may assist it to deal effectively with the subject of its investigation, whether or not that information or matter would be admissible in a court of law. The PCC may hear oral evidence and receive statements and submissions from any or all of the following; the psychologist, any employer of the psychologist, any person in association with whom the psychologist practices, and any clinical expert.
8. The PCC must give the psychologist and complainant reasonable opportunity to present evidence on each matter and any other matter referred to the committee. Both parties should keep in mind that the efficiency of the PCC's progress is dependent at times on how soon requests for information are met. (As a guide, a response should be provided to the PCC within 14-21 days of the request).
9. The complainant may be supported by a person nominated by the complainant and that person, with the leave of the PCC, may be heard by the PCC on the complainant's behalf.
10. The PCC may in writing, require any person to produce to the committee any papers, documents, records or things. This excludes any information or document that would be privileged in a court of law or would breach the Official Information Act or Privacy Act. A person who receives this notice must, without charge, comply with the requirement stated in the notice in the matter and within the period specified in the notice (i.e. not less than 10 working days after the notice is given to the person).
11. No civil or disciplinary proceedings lie against any person in respect of any evidence given, or statements or submissions made, unless that person has acted in bad faith.
12. If at any time in the course of investigating the complaint the PCC believes that the psychologist's practice poses a risk of serious harm to the public, it may recommend to the Board that the psychologist's practising certificate be suspended.
13. At the conclusion of the complaint investigation, the PCC must, by written notice ('a final report') to the Board, the psychologist and the complainant, make 1 or more recommendations or 1 of the determinations, or both, as set out below. The Board must promptly consider any recommendation(s) made by the PCC in their final report but must accept any determinations. The Board will formally accept the PCC's final report at the next Board meeting. Both parties will be informed if any further procedures are required following consideration of any recommendation(s). At the conclusion of the investigation and acceptance of the PCC's final report, the PCC's task is officially over and it is immediately disbanded.
Recommendations (1 or more) – that the: Determinations (1 only) – that:
a) Board review psychologist's competence to practice a) No further steps be taken
b) Board review psychologist's fitness to practice b) A charge be laid before the HPDT
c) Board review psychologist's scope of practice c) The complaint be submitted to conciliation
d) Refer subject matter of investigation to police
e) Board counsel the psychologist
14. If the PCC has decided to submit a complaint to conciliation, it must appoint an independent person (the "Conciliator") to assist the psychologist and complainant concerned to resolve the complaint by agreement. The conciliator will report the outcome to the PCC who will decide whether the complaint has been successfully resolved or not. If not, the PCC must promptly decide whether it should lay a charge against the psychologist before the Health Practitioners Discipline Tribunal[2] (HPDT) or make one or more of the available recommendations or decide that no further steps be taken.
15. If the PCC decides to lay a charge before the Health Practitioners Discipline Tribunal, it must formulate an appropriate charge and lay it before the Tribunal, together with the Conciliator's report, and give a copy of the charge and report to the psychologist.
16. If the PCC makes a determination that no further steps be taken, the Committee must give to the psychologist, Board and complainant, written notice of determination and PCC's reasons.
17. The Psychologists Board's Registrar can be contacted regarding further information about complaints against psychologists and for progress updates on current complaints being handled by the Board.
[1] "Party/Parties" means parties to the complaint, i.e. Psychologist and Complainant.
[2] http://www.hpdt.org.nz
For more information about complaints and disciplinary processes or to discuss your complaint contact:
Steve Osborne
Registrar
email: steve.osborne@nzpb.org.nz
Tel: +64 4 471-4586
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