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Health and Disability Commissioner Act 1994

Complaints and investigations - Referral of complaints to agencies, persons, statutory officers, or advocates

34: Referral of complaint to agencies or persons involved in health or disability sector

You could also call this:

"The Commissioner can send your complaint to other people or groups who can help fix the problem."

Illustration for Health and Disability Commissioner Act 1994

The Commissioner can send your complaint to other people or groups who can help. This can happen after they have looked at your complaint to see what it is about. They can send it to the person or group you are complaining about, or to someone who can help sort out the problem.

The Commissioner might send your complaint to the Accident Compensation Corporation if they think you might be able to get help from them under the Accident Compensation Act 2001. They can also send it to the Director-General of Health if they think the problem might hurt someone's health or safety. The Commissioner can talk to these people or groups to figure out the best way to deal with your complaint.

After the Commissioner sends your complaint to someone else, they will tell you and the person or group you are complaining about what they have done. The Commissioner can send your complaint to more than one person or group if that is what needs to happen. Just because they send your complaint to someone else, it does not mean they cannot still do something about it themselves.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM333962.

Topics:
Health and wellbeing > Healthcare servicesRights and equality > Anti-discrimination
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33: Preliminary assessment, or

"First check of your complaint to decide what to do next"

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35: Agencies or persons to keep Commissioner informed about referred complaints, or

"Telling the Commissioner about complaints that are sent to agencies or people"

Part 4Complaints and investigations
Referral of complaints to agencies, persons, statutory officers, or advocates

34Referral of complaint to agencies or persons involved in health or disability sector

  1. At any time after completing a preliminary assessment of a complaint, the Commissioner may refer the complaint, in whole or in part,—

  2. to the appropriate authority if it appears from the complaint that the competence of a health practitioner or his or her fitness to practise or the appropriateness of his or her conduct may be in doubt; or
    1. to the Accident Compensation Corporation if it appears from the complaint that the aggrieved person may be entitled to cover under the Accident Compensation Act 2001; or
      1. to the Director-General of Health if it appears from the complaint that failures or inadequacies in the systems or practices of the health care provider or the disability services provider concerned may harm the health or safety of members of the public; or
        1. to the health care provider or the disability services provider to whom a complaint relates if the complaint does not raise questions about the health or safety of members of the public and can, in the Commissioner’s opinion, be appropriately resolved by the provider.

          1. At any time before or after referring a complaint, in whole or in part, to an agency or person mentioned in subsection (1), the Commissioner may consult with that agency or person as to the most appropriate means of dealing with the complaint.

          2. After referring a complaint, in whole or in part, to an agency or person mentioned in subsection (1), the Commissioner must notify the complainant and the health care provider or the disability services provider to whom the complaint relates of the action that has been taken.

          3. The Commissioner may refer a complaint, in whole or in part, to more than 1 agency or person mentioned in subsection (1), as long as each referral is authorised by a paragraph of that subsection.

          4. A reference of a complaint under subsection (1) does not preclude the Commissioner from taking action on the complaint himself or herself.

          Notes
          • Section 34: substituted, on , by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
          • Section 34(1)(b): amended, on , pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).