If you decide
to refer to
Council

If, after considering the information below, you decide to refer the matter to Council, we recommend that you first contact a Performance staff member on 0800 286 801 or by email to discuss the case and find out what information will assist Council in making its decision.

If you are

A patient

An employer

A medical colleague  

Patients

If you are concerned about the treatment you have received, and/or wish to make a complaint, contact the Health and Disability Commissioner on:

• 0800 11 22 33
• hdc@hdc.org.nz , or
• PO Box 1791 , Auckland .
• Visit the Commissioner’s website http://www.hdc.org.nzfor further information about the complaints process.

Back to top

Employers

Some issues you may wish to consider are:

• Is there a one-off incident that concerns you, or does there appear to be a pattern of conduct emerging? (e.g. has the doctor failed to prescribe appropriately on one occasion in the last three months, or on four separate occasions?)
• Have you discussed this with the doctor?
• If it was a one-off incident:

1. Was it a serious departure from accepted standards?
2. Did the doctor have an adequate explanation for this departure?

• Has there been a recent change in the doctor’s behaviour or ability?
  
  If so, you may want to consider whether there is a possible health issue impacting on the doctor’s ability to perform.
  
  Note: Under section 45 of the Health Practitioners Competence Assurance Act 2003 (HPCAA) doctors and doctors’ employers are required to advise Council if they have reason to believe that the doctor is unable to perform the functions required due to a mental or physical condition.
  
  
• Are you satisfied that the doctor is practising medicine safely?
  
  If not, the Council would suggest that you put immediate measures in place to ensure patients are not at risk, and contact the Council for further advice. 
  
  Appropriate measures depend on the seriousness of your concerns, and may include:
  • notifying the doctor of your concerns
  • placing the doctor under supervision by a senior peer
  • asking the doctor to cease practice while the concerns are investigated further.

Note: Under the HPCAA, if a doctor resigns or is dismissed for reasons relating to competence, his or her employer must notify the Council of the reasons for the resignation or dismissal.

Back to top

---

Medical
colleagues

Some issues you may wish to consider are:

• Is there a one-off incident that concerns you, or does there appear to be a pattern of conduct emerging? (e.g. has the doctor failed to prescribe appropriately on one occasion in the last three months, or on four separate occasions?)
• Have you discussed this with the doctor?
• If it was a one-off incident:

1. Was it a serious departure from accepted standards?
2. Did the doctor have an adequate explanation for this departure?

• Has there been a recent change in the doctor’s behaviour or ability?
  
  If so, you may want to consider whether there is a possible health issue impacting on the doctor’s ability to perform.
  

Note: Under section 45 of the Health Practitioners Competence Assurance Act 2003 (HPCAA) doctors and doctors’ employers are required to advise Council if they have reason to believe that the doctor is unable to perform the functions required due to a mental or physical condition.

• Are you comfortable discussing your concerns with the doctor?  If so, the doctor is likely to appreciate your frankness, and this may be an appropriate first step.
   
• It is helpful if you have:

1. specific incidents or cases to discuss with the doctor
2. particular issues in those cases that concern you, and
3. some suggestions on steps the doctor could take to address the concerns. 

• You may wish to advise the doctor that you are considering making a referral to Council.

Back to top