Health Practitioner Disciplinary Tribunal (HPDT) actions against unvaccinated health practitioners
Erika Whittome made this Official Information request to Ministry of Health
Response to this request is long overdue. By law Ministry of Health should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Erika Whittome
Dear Ministry of Health,
This previous OIA records the number of health professionals expelled due to not taking a Covid-19 vaccine in 2022 https://fyi.org.nz/request/18233/respons...
Another OIA records that Te Whatu Ora the (DHBs) have no record of hiring these unvaccinated staff back https://fyi.org.nz/request/24019-hiring-..., and it also shares that there are over 7000 staff vacancies at the DHBs.
Beginning in 2021, the HPDT has had many cases where a practitioner’s “conduct” is under review for not promoting or acting in accordance with the government’s response to Covid-19 with its vaccination inducement. Section 34 of the Health Practitioners Competence Assurance Act 2003 is clear that referal to the Professional Conduct Committees is contingent upon “ a risk of harm to the public by practising below the required standard of competence”. Some of these HPDT cases appear to be characterised as “Covid-19” and/or "misconduct" charges for not promoting covid-19 vaccination on the HPDT decisions site https://www.hpdt.org.nz/Search-Decisions .
Please share:
1 . Under part 3, section 34, please share the number of cases you have initiated on the above grounds.
2. Number of cases closed or abandoned and no further action has been taken (Stayed/struck out/withdrawn).
3. Number of cases in progress.
4. Number of cases concluded with conviction and/or professional misconduct.
5. Number of health professionals who have been fined and/or lost their practising licenses/certificates as a result of HPDT investigations.
6. The total cost in legal fees for each of the above 5 items, please include travel disbursements, witness appearance fees etc
7. Number of cases where The Evidence Act 2006 has been disregarded on the grounds that “the Tribunal may regulate its procedure in any manner it thinks fit” (para 21 of 1354/Nur22/557)
8. Number of decisions and preliminary/interlocutory decision with non-publication such as 1354/Nur22/557 which is not published on the HPDT decisions website https://www.hpdt.org.nz/Search-Decisions
9. Number of name suppression / non-publication orders people involved in all these cases.
10. Length of time for these decisions/interlocutories to be published
11. In the most recent financial year, what is the cost to the Ministry of Health for the operation of all the Professional Conduct Committees in the health industry?
12. Would you please share the most recent audit report on the HPDT ?
13 The number of complaints to the Health Integrity Line about the HPDT from 2021 to date?
Yours faithfully,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thank you for your request for official information. The reference number
for your request is: H2024036735
As required under the Official Information Act 1982, Manatū Hauora will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/
If you have any queries, please feel free to contact the OIA Services Team
on [2][email address]. If any additional factors come to light which
are relevant to your request, please do not hesitate to contact us so that
these can be taken into account.
Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [3][email address] or by calling 0800
802 602.
Ngā mihi
OIA Services Team
[4]Ministry of Health information releases
show quoted sections
From: OIA Requests
Kia ora Erika,
Please find attached our response to your official information request.
Ngā mihi
OIA Services Team
Manatū Hauora | Ministry of Health
M[1]inistry of Health information releases
U[2]nite against COVID-19
show quoted sections
References
Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/
From: Erika Whittome
Dear OIA Requests,
Thank for the update. I am still waiting on the information please.
Please transfer this request questions 1 to 12 to the Minister of Health, given he is the person with the power to appoint or remove the tribunal boards under the Health Practitioners Competence Assurance Act 2003.
Yours sincerely,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thank you for your email. You request does not meet the requirements to be
transferred under section 14(b) of the OIA. The Ministry does not believe
the information you are seeking is held by the Minister.
As you have been advised, under section 28(3) of the Act, you have the
right to ask the Ombudsman to review any decisions made under this
request. The Ombudsman may be contacted by email at:
[1][email address] or by calling 0800 802 602.
Ngā mihi
OIA Services Team
Manatū Hauora | Ministry of Health
M[2]inistry of Health information releases
U[3]nite against COVID-19
--------------------------------------------------------------------------
From: Erika Whittome <[FOI #25904 email]>
Sent: Thursday, 14 March 2024 07:34
To: OIA Requests <[email address]>
Subject: Re: Response to your official information request ref:
H2024036735
Dear OIA Requests,
Thank for the update. I am still waiting on the information please.
Please transfer this request questions 1 to 12 to the Minister of Health,
given he is the person with the power to appoint or remove the tribunal
boards under the Health Practitioners Competence Assurance Act 2003.
Yours sincerely,
Erika Whittome
show quoted sections
From: Erika Whittome
Dear OIA Requests,
I requested information on a tribunal that makes decisions on government funded health professionals (as well as privately funded health health professionals).
Is this tribunal part of the courts system?
Who holds this tribunal accountable for its decisions?
What information obligations are there for this tribunal to contribute to the body of common law when the decisions are not made public and there appears to be many decisions that have non publication ?
Yours sincerely,
Erika Whittome
From: OIA Requests
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Kia ora
Thank you for your request under the Official Information Act 1982 (the
Act) on 16 March 2024:
I requested information on a tribunal that makes decisions on government
funded health professionals (as well as privately funded health health
professionals).
Is this tribunal part of the courts system?
Who holds this tribunal accountable for its decisions?
What information obligations are there for this tribunal to contribute to
the body of common law when the decisions are not made public and there
appears to be many decisions that have non publication ?
We will endeavour to respond to your request as soon as possible and in
any event no later than 16 April 2024, being 20 working days after the day
your request was received. If we are unable to respond to your request by
then, we will notify you of an extension of that timeframe.
If you have any queries regarding your request, please feel free to
contact the OIA Services Team on [1][email address]. If any
additional factors come to light which are relevant to your request,
please do not hesitate to contact us so that these can be taken into
account.
Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [2][email address] or by calling 0800
802 602.
OIA Services Team
[3]Manatū Hauora information releases
[4][IMG] [5][IMG] [6][IMG] [7][IMG]
show quoted sections
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://www.health.govt.nz/about-ministr...
4. https://www.facebook.com/minhealthnz/
5. https://twitter.com/minhealthnz
6. https://www.youtube.com/minhealthnz
7. https://www.linkedin.com/company/ministr...
From: OIA Requests
Kia ora Erika,
Thank you for your follow up email.
The Health Practitioners Disciplinary Tribunal is established pursuant to
the Health Practitioners Competence Assurance Act 2003 (HPCA). It is not a
court, however decisions of the tribunal are appealable to either the High
Court or the District Court.
Please see section 106 of the HPCA:
[1]https://www.legislation.govt.nz/act/publ...
section 113 of the HPCA which provide rights of appeal. The decisions of
the tribunal will also be subject to usual administrative law processes
such as judicial review. These processes provide accountability.
Additionally, hearings are generally public, subject to limited exceptions
(see s 95).
As advised, the tribunal is separate from the Ministry and the Ministry
cannot speak for the Tribunal in relation to its publication decisions.
Also as mentioned, the Tribunal is not subject to the OIA and therefore a
transfer is not appropriate and there is no reason to believe that another
agency subject to the OIA will hold this information.
Ngā mihi
OIA Services Team
Manatū Hauora | Ministry of Health
M[2]inistry of Health information releases
U[3]nite against COVID-19
--------------------------------------------------------------------------
From: Erika Whittome <[FOI #25904 email]>
Sent: Saturday, 16 March 2024 20:35
To: OIA Requests <[email address]>
Subject: Re: Response to your official information request ref:
H2024036735
Dear OIA Requests,
I requested information on a tribunal that makes decisions on government
funded health professionals (as well as privately funded health health
professionals).
Is this tribunal part of the courts system?
Who holds this tribunal accountable for its decisions?
What information obligations are there for this tribunal to contribute to
the body of common law when the decisions are not made public and there
appears to be many decisions that have non publication ?
Yours sincerely,
Erika Whittome
show quoted sections
From: Erika Whittome
Dear OIA Requests,
Please send this request to the Minister of Health. According to the Health Practitioners Competence Assurance Act.
Section 85: The chairperson and each deputy chairperson are appointed by the Minister by notice in the Gazette, after consultation by the Minister with any persons that the Minister thinks fi
Section122B mentions annual reports.
So this information exists according to the act. Kindly supply the information which the Minister is accountable for.
Yours sincerely,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thank you for your request for official information. The reference number
for your request is: H2024049712
As required under the Official Information Act 1982, Manatū Hauora will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/
If you have any queries, please feel free to contact the OIA Services Team
on [2][email address]. If any additional factors come to light which
are relevant to your request, please do not hesitate to contact us so that
these can be taken into account.
Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [3][email address] or by calling 0800
802 602.
Ngā mihi
OIA Services Team
[4]Ministry of Health information releases
show quoted sections
From: OIA Requests
Kia or Erika,
Please find attached our response to your request for official
information.
Ngā mihi
OIA Services Team
Manatū Hauora | Ministry of Health
M[1]inistry of Health information releases
U[2]nite against COVID-19
show quoted sections
References
Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/
From: Erika Whittome
Dear OIA Requests,
I see the Associate Minister of Health has appointed a new person on the HPDT. https://gazette.govt.nz/notice/id/2024-g...
The MoH clearly funds this HPDT. Can you please answer these 2 questions
11 In the most recent financial year, what is the cost to the Ministry of Health for the operation of all the Professional Conduct Committees in the health industry?
12. Would you please share the most recent audit report on the HPDT ?
Yours sincerely,
Erika Whittome
From: OIA Requests
Kia ora Erika
Thank you for your request for official information. The reference number
for your request is: H2024055519
As required under the Official Information Act 1982, The Ministry of
Health will endeavour to respond to your request no later than 20 working
days after the day your request was received. If you'd like to calculate
the timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/
If you have any queries, please feel free to contact the OIA Services Team
on [2][email address]. If any additional factors come to light which
are relevant to your request, please do not hesitate to contact us so that
these can be taken into account.
Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [3][email address] or by calling 0800
802 602.
Ngā mihi
OIA Services Team
[4]Ministry of Health information releases
From: Erika Whittome <[FOI #25904 email]>
Sent: Thursday, 7 November 2024 09:29
To: OIA Requests <[email address]>
Subject: Re: Response to you r request for official information ref:
H2024049712 CRM:0294699
Dear OIA Requests,
I see the Associate Minister of Health has appointed a new person on the
HPDT.
[5]https://aus01.safelinks.protection.outlo...
The MoH clearly funds this HPDT. Can you please answer these 2 questions
11 In the most recent financial year, what is the cost to the Ministry of
Health for the operation of all the Professional Conduct Committees in the
health industry?
12. Would you please share the most recent audit report on the HPDT ?
Yours sincerely,
Erika Whittome
show quoted sections
References
Visible links
1. http://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. mailto:[email address]
4. https://www.health.govt.nz/about-ministr...
5. https://gazette.govt.nz/notice/id/2024-g...
From: OIA Requests
Kia ora Erika,
Please find attached a response to your request for official information.
Ngā mihi
OIA Services Team
Manatū Hauora | Ministry of Health
M[1]inistry of Health information releases
show quoted sections
References
Visible links
1. https://www.health.govt.nz/about-ministr...
From: Erika Whittome
Dear OIA Requests,
The administering agency of the Health Practitioners Competence Assurance Act 2003 is the Ministry of Health.
The act also says that proceedings are public in s95 "Hearings to be public unless Tribunal orders otherwise". Would you kindly share the requested information about the HPDT?
Yours sincerely,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thank you for your email on 5 December 2024 regarding the Ministry’s
response to your request for information (H2024055519 refers).
The Ministry is the administering agency for the Health Practitioners
Competence Assurance Act (HPCA Act). However, the Health Practitioners
Disciplinary Tribunal (HPDT) is a separate legal entity from the Ministry.
The Ministry does not hold the HPDT’s records; therefore, your request is
refused in full under section 18(g)(i) of the Act, as the information
requested is not held by the Ministry and there are no grounds for
believing it is held by another agency subject to the Act. We suggest
contacting the HPDT directly at: [1][email address] however noting they
are not subject to the OIA to respond. Further information about the HPDT
is available at: [2]https://www.hpdt.org.nz/.
Ngâ mihi
OIA Services Team
Manatû Hauora | Ministry of Health
M[3]inistry of Health information releases
show quoted sections
From: Erika Whittome
Dear OIA Requests,
I understand that the chief legal advisor at the Ministry of Health has oversight of breaches of the Health Practitioners Competence Assurance Act 2003. Would you kindly share the information on the reports and documents that have been requested in this OIA? The HPDT follows this act.
Yours sincerely,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thank you for your request for official information. The Ministry's
reference number for your request is: H2024059014.
Please be advised that due dates for requests received from 27 November
2024 onwards will take into account the summer holidays (25 December 2024
to 15 January 2025). Please refer to this guide for an explanation of the
[1]statutory obligations under the Official Information Act 1982.
You can expect a reply no later than 11 February. If we are unable to
respond to your request within this time frame, we will notify you of an
extension of that time frame.
If you have any queries related to this request, please do not hesitate to
get in touch.
Ngā mihi
OIA Services Team
[2]Ministry of Health information releases
Dear OIA Requests,
I understand that the chief legal advisor at the Ministry of Health has
oversight of breaches of the Health Practitioners Competence Assurance Act
2003. Would you kindly share the information on the reports and documents
that have been requested in this OIA? The HPDT follows this act.
Yours sincerely,
Erika Whittome
show quoted sections
References
Visible links
1. https://www.ombudsman.parliament.nz/reso...
https://www.ombudsman.parliament.nz/reso...
2. https://www.health.govt.nz/about-ministr...
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Athina Andonatou left an annotation ()
Thank you Erika, it really is a war of attrition, they're assuming people will just give up. Please continue holding them to account and worst case scenario there is a public record.
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