NZComplaints, insight and remediation

Responding to a Complaint

Right 10, the Health and Disability Commissioner, responsible authorities, PCCs and the Tribunal: what happens and how to respond well

  • 3CPD hours
  • 20final questions
  • 80%pass mark
  • PDFcertificate

What you will learn

  • Describe the roles and limits of the provider, HDC, the Advocacy Service, responsible authorities, PCCs and the HPDT in handling complaints.
  • Apply the Right 10 duties and timeframes for acknowledging, deciding on and updating consumers about complaints.
  • Explain clause 3 of the Code of Rights and how to evidence reasonable actions in the circumstances.
  • Outline HDC's assessment outcomes and the stages of a formal investigation, including the provisional opinion.
  • Distinguish the competence, health and conduct pathways under the HPCA Act 2003, including competence reviews and interim action.
  • Describe PCC recommendations and determinations and the Tribunal's two-stage misconduct test and penalties.
  • Build an accurate chronology that separates the record, recollection and usual practice.
  • Write a structured response with a sincere apology, credible reflection and evidence of change.
  • Use indemnity, union and legal advice effectively and look after your wellbeing during a complaint.
  • Plan remediation that links to your responsible authority's recertification programme.

About this course

This course explains what happens when a complaint or concern is raised about a registered health practitioner in Aotearoa New Zealand, and how to respond at every stage. It covers provider-level complaints under Right 10 of the Code of Health and Disability Services Consumers' Rights, the Health and Disability Commissioner's assessment and investigation process, notifications to responsible authorities under the Health Practitioners Competence Assurance Act 2003, competence reviews, Professional Conduct Committees and the Health Practitioners Disciplinary Tribunal.

It is written for doctors, nurses, midwives, dentists and oral health practitioners, pharmacists, and allied health practitioners registered with any of New Zealand's 18 responsible authorities. It suits practitioners who want to be prepared, those currently responding to a complaint, and those supporting colleagues or managing complaints in a team.

New Zealand's complaints system gives consumers a strong legal right to complain and gives practitioners clear opportunities to resolve concerns early, show insight and learn. The course is practical: you will learn the timeframes, the outcomes each body can reach, how to build a chronology, how to write a response that is honest, reflective and evidenced, how to use indemnity, union and legal advice, and how to look after your wellbeing while a matter is open.

Course facts

CPD value
Approximately 3 CPD hours (estimated learning time including knowledge checks, reflection and assessment)
Audience
Registered health practitioners in New Zealand: doctors, nurses, midwives, dentists and oral health practitioners, pharmacists, and allied health practitioners under the HPCA Act 2003
Standards covered
Code of Health and Disability Services Consumers' Rights (Right 10, clause 3); Health and Disability Commissioner Act 1994; Health Practitioners Competence Assurance Act 2003 (competence, health, PCC and Tribunal provisions); HDC Guidance on open disclosure policies (2019); profession codes of conduct and ethics
Format
Self-paced, gated lessons with knowledge checks, case studies and reflection
Assessment
20 scenario-based questions, 80% to pass (16 of 20)
Outcome
Certificate of completion and a written reflection for your CPD record
Alignment
Mapped to the complaint and conduct expectations of the Medical Council of New Zealand, Nursing Council of New Zealand, Midwifery Council, Dental Council, Pharmacy Council and the other responsible authorities under the HPCA Act 2003

Syllabus

10 sections, 3 CPD hours, 20-question final assessment

  1. 1Complaints in Aotearoa New Zealand: the landscape3 lessons
    • What a complaint is, and what it is not
    • Where a complaint can go: the New Zealand map
    • The Code of Rights as the legal floor
  2. 2Responding at provider level: Right 10 in practice3 lessons
    • Right 10: the provider's legal duties and timeframes
    • Resolving complaints well at the local level
    • Organisations, employees and records of complaints
  3. 3The Health and Disability Commissioner process3 lessons
    • How HDC assesses a complaint
    • Responding to an HDC request
    • Formal investigations, opinions and onward referral
  4. 4Responsible authority notifications and competence processes4 lessons
    • How concerns reach your responsible authority
    • Triage outcomes and early resolution
    • Competence reviews and competence programmes
    • Health concerns and interim protective action
  5. 5Professional Conduct Committees and the Tribunal3 lessons
    • The Professional Conduct Committee investigation
    • PCC outcomes
    • The Health Practitioners Disciplinary Tribunal
  6. 6Preparing and writing your response4 lessons
    • The first 72 hours
    • Building an accurate chronology
    • Writing the response
    • Cultural safety, whānau and accessible complaint handling
  7. 7Advice, insight, remediation and wellbeing4 lessons
    • Using indemnity, union and legal advice
    • Demonstrating insight and remediation
    • Wellbeing and support during a complaint
    • Practising during and after a complaint
  8. 8Conclusion and key points1 lesson
    • Conclusion and key points
  9. 9References and further reading1 lesson
    • References and further reading
  10. 10Your reflective account1 lesson
    • Your reflective account

Who this course is for

Registered health practitioners in New Zealand: doctors, nurses, midwives, dentists and oral health practitioners, pharmacists, and allied health practitioners under the HPCA Act 2003.

Your certificate

Continuing professional development record for your portfolio.

  • Your name, the course title and the CPD hours
  • Completion date and a unique certificate ID that can be verified
  • Downloads as a PDF; save it to your portfolio

Questions about this course

How quickly must I acknowledge a complaint under Right 10?

Right 10 of the Code of Rights requires providers to have a complaints process. A complaint should be acknowledged in writing within 5 working days, and within 10 working days of acknowledging it you should decide whether it is justified or that more time is needed. The course works through these timeframes and how to keep the consumer updated.

What happens after the Health and Disability Commissioner receives a complaint about me?

After assessment, HDC can close the file, pass it back for you and the consumer to settle with Advocacy Service support, refer it elsewhere (often to your responsible authority), make recommendations, or investigate formally. Under investigation you normally get 15 days for your reply, and a provisional opinion is shared with you before anything is finalised.

Does this course help me write my response to HDC or the Nursing Council?

Yes. You learn to lay out a timeline that keeps three things apart (what the notes say, what you remember, what you normally do), then write a structured response with a sincere apology where appropriate, credible reflection and evidence of change. HDC points out that handing over information it requests is not a privacy or confidentiality breach. The course is education, not legal advice.

Can a Professional Conduct Committee decision be appealed?

PCC decisions are not appealable, although judicial review in the High Court is possible. A PCC can make recommendations to your responsible authority, send the matter to conciliation, take no further steps, or bring a charge before the Health Practitioners Disciplinary Tribunal. The course explains each outcome and the Tribunal's two-stage misconduct test.

Is the HDC complaint course worth doing before I have heard the outcome?

Many practitioners complete it early so their response reflects genuine learning. For NZ$139 you get 3 CPD hours, a 20-item test passed at 80%, and both a certificate and a reflective account to keep. No course can alter or promise the result of an HDC, council, PCC or Tribunal process, so take advice too, from your indemnity insurer, NZNO or another union, or a lawyer.

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