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Health and Disability Commissioner Act 1994

Complaints and investigations - Investigations by Commissioner

41: Complainant and provider to be notified of investigation

You could also call this:

"The Commissioner tells you and your healthcare provider about the investigation and gives them a chance to respond."

Illustration for Health and Disability Commissioner Act 1994

When the Commissioner decides to investigate a matter, they tell you and the healthcare provider in writing. They inform you about their plan to investigate and give the healthcare provider details of the complaint. The healthcare provider has the right to respond in writing to the Commissioner within 15 working days.

The Commissioner tells the healthcare provider about the complaint and their right to respond. You and the healthcare provider receive this information in writing before the investigation starts. The Commissioner can extend the deadline for the healthcare provider's response if they choose to.

The Commissioner has the power to extend the time limit for the healthcare provider's response. They can do this before or after the deadline has passed. You are informed of the Commissioner's actions as part of the investigation process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM333983.

Topics:
Health and wellbeing > Healthcare servicesRights and equality > Anti-discrimination
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40: Commissioner may investigate breaches, or

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

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"Wait for the okay before taking action against a health worker"

Part 4Complaints and investigations
Investigations by Commissioner

41Complainant and provider to be notified of investigation

  1. Before proceeding to investigate a matter under this Part, the Commissioner—

  2. must, by written notice, inform the complainant (if any), the health care provider or the disability services provider to whom the investigation relates, and any person alleged to be aggrieved (if not the complainant) of the Commissioner’s intention to make the investigation; and
    1. must, by written notice, inform the health care provider or the disability services provider to whom the investigation relates of—
      1. the details of the complaint (if any) or, as the case may be, the subject matter of the investigation; and
        1. the right of that person to submit to the Commissioner, within 15 working days of the date of the notice, a written response in relation to the complaint or, as the case may be, the subject matter of the investigation.

        2. The Commissioner may, at his or her discretion, extend the deadline of 15 working days set by a notice given under subsection (1)(b), and may do so before or after the deadline.

        Notes
        • Section 41: substituted, on , by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).