Dear Health and Disability Commissioner,

The Code is all about our rights as consumers of NZ health services. The Code emphasises respect, rights to privacy, right to services that meet the persons needs, rights to services with reasonable care and skill, compliance with legal, professional and ethical standards, etc.

If a health professional practices unlawfully (without a right to practice, such as not being registered as a health provider or not holding a practising certificate), or outside their scope, then that health provider is clearly breaching many of the rights affirmed under the Code (arguably, Rights 1-7). The Health Practitioners Competence Assurance Act 2003 states that it is an offence to for unqualified persons to claim to be a health practitioner, or to practice outside their scope (ss 7-9).

Thus, I seek information on how the HDC is supposed to handle complaints and investigations of complaint about health providers who are committing offences under sections 7-9 of the Health Practitioners Competence Assurance Act 2003, which clearly result in breaches to rights 1-7 of the HDC Code.

Please provide all documents, manual, processes, policies, instructions, guidelines, templates and any other information, as to the handling of complaints of this nature 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.

Yours faithfully,

An

Dear HDC Legal,

Pursuant to sections 13 and 14, I request your assistance in obtaining the information as to:
(1) the agency in which an affected party can lodge a complaint about a health provider who has breached sections 7-9 of the HIPCAA ;
(2) how to lodge a complaint with that agency; and
(3) the name of the agency that investigates and brings charges against individuals who have breached sections 7-9 of the HIPCAA; and
(4) the rules, policies, regulations and other internal documents regarding the complaints process, investigation, and hold health providers to account who have breached sections 7-9 of the HIPCAA.

Thank you

Yours sincerely,

Anon