Health and Disability Commissioner Act 1994

Complaints and investigations - Commissioner required to share certain information

39: Commissioner to inform agencies of certain risks

You could also call this:

"The Commissioner must warn people about health risks to keep you safe."

Illustration for Health and Disability Commissioner Act 1994

The Commissioner has to tell certain people about risks to the public. If the Commissioner thinks a health practitioner might hurt someone, they must tell the right people about it. They have to explain why they think this might happen.

If the Commissioner believes a health care provider or disability services provider is doing something that might harm people, they must tell the Director-General of Health. They have to say why they think this is happening.

The Commissioner also has to report serious mistakes or bad behaviour by health care providers or disability services providers. They do this by sending the information to the right person or agency, and they have to do it quickly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM333977.


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38: Commissioner may decide to take no action or no further action on complaint, or

"The Commissioner can choose not to investigate your complaint or stop investigating it if they think it's not needed."


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40: Commissioner may investigate breaches, or

"The Commissioner checks if healthcare providers are following the rules and treats people fairly."

Part 4Complaints and investigations
Commissioner required to share certain information

39Commissioner to inform agencies of certain risks

  1. Whenever the Commissioner has reason to believe that the practice of a health practitioner may pose a risk of harm to the public, the Commissioner must promptly notify the appropriate authority of that belief and the reasons for it.

  2. Whenever the Commissioner has reason to believe that failures or inadequacies in the systems or practices of a health care provider or a disability services provider are harming or are likely to harm the health or safety of members of the public, the Commissioner must promptly notify the Director-General of Health of that belief and the reasons for it.

  3. If, during or after an investigation, the Commissioner is of the opinion that there is evidence of a significant breach of duty or misconduct on the part of a health care provider or disability services provider or an officer or employee or member of a health care provider or disability services provider, the Commissioner must promptly refer the matter to the appropriate person or agency.

Notes
  • Section 39: substituted, on , by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).