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Health and Disability Commissioner Act 1994

Complaints and investigations - Receipt of complaints

31: General right to make complaints

You could also call this:

"You can complain if you think a healthcare or disability service has done something wrong"

Illustration for Health and Disability Commissioner Act 1994

You can complain to an advocate or the Commissioner if you think a health care provider or disability services provider has done something wrong. You can make your complaint orally or in writing. You are complaining about something you think is a breach of the Code. You can also complain about something a health practitioner did before 1 July 1996 if it affected you and could have been used to take disciplinary action against them, but was not referred to the right people at the time. If you make a complaint to an advocate and they cannot resolve it, they will refer it to the Commissioner and tell you and the other parties why they are doing this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM333954.

Topics:
Health and wellbeing > Healthcare servicesRights and equality > Anti-discrimination
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Part 4Complaints and investigations
Receipt of complaints

31General right to make complaints

  1. Any person may complain orally or in writing to an advocate or to the Commissioner alleging that any action of a health care provider or a disability services provider is or appears to be in breach of the Code.

  2. Any person may complain orally or in writing to an advocate or to the Commissioner about any action of a health practitioner that was taken at any time before 1 July 1996, if it is alleged or it appears that the action—

  3. affected a health consumer; and
    1. was, at the time that it was taken, a ground for bringing disciplinary proceedings against the health practitioner under a former health registration enactment; but
      1. was not referred to the body that, under that enactment, had jurisdiction to consider it.

        1. If a complaint is made under this section to an advocate and the advocate is unable to resolve the complaint, the advocate must—

        2. refer the complaint to the Commissioner; and
          1. inform the parties concerned of that referral and the reasons for it.

            Notes
            • Section 31: substituted, on , by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).