18 January 2024
By email: [FYI request #25027 email]
Tēnā koe
Re:
Information request
Our ref:
E23HDC01620/ARED
Thank you for your request, through FYI.org.nz,
of
5 December 2023 for “all
documents, manual, processes, policies, instructions, guidelines, templates and any
other information, as to the handling of complaints [involving offences under ss 7-9 of
the Health Practitioners Competence Assurance Act 2003 (HPCAA)] by the HDC. If the
HDC refers such complaints to another body, then the name of the legislative authority
who is required to investigate and hold to account persons who commit offences
under sections 7-9 of the Health Practitioners Competence Assurance Act 2003.”
We have considered your request under the Official Information Act 1982. Please find
below the information requested.
HDC does not have any set manuals, policies or guidelines regarding the handling of
complaints involving offences under sections 7 to 9 of the HPCAA. I have outlined our
usual process for handling these complaints below.
Manatū Hauora Ministry of Health (MOH) is the authority which administers the
HPCAA. If HDC identifies that there is reason to refer a complaint about a provider’s
qualifications to practice to the MOH, we usually do so under section 59(4) of the
Health and Disability Commissioner Act 1994 (the Act) or, where appropriate, section
34(1)(c) of the Act. We may also refer these complaints to the provider’s regulatory
body pursuant to sections 59(4) or 34(1)(a) of the Act.
HDC may continue our usual assessment process following a referral under the above
provisions. The decision to do so is made on a case-by-case basis. For example, the
complaint may raise other standard of care issues, or we might be asked by the MOH
or regulatory authority to pause our assessment in order to allow them to follow their
processes first. When HDC does continue to assess the matter, it is open to HDC to
investigate the complaint or, if the concerns appear to have been resolved, close the
complaint with no further action.
Auckland Office: P O Box 1791 Auckland 1140; Wel ington Office (new address): PO Box 245, Wel ington 6140
Freephone: 0800 11 22 33; Email: [Health and Disability Commissioner request email]; Website: www.hdc.org.nz
2
Further information about HDC’s referrals under sections 34(1)(a), 34(1)(c) and 59(4)
of the Act can be found in our Standard Operating Procedure, which I understand you
have a copy of.
You may seek a review of this decision from the Office of the Ombudsman.
Nāku iti noa, nā
Caroline Taylor
Legal Advisor