Plain language law

New Zealand law explained for everyone

Health and Disability Commissioner Act 1994

Complaints and investigations - Investigations by Commissioner

42: On notification of investigation authority not to take disciplinary action until further notice

You could also call this:

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

Illustration for Health and Disability Commissioner Act 1994

If you are a health care provider or a disability services provider, the Commissioner might investigate your actions. The Commissioner must tell the appropriate authority about the investigation if it involves a health practitioner. You cannot take disciplinary action under the Health Practitioners Competence Assurance Act 2003 until the Commissioner or the Director of Proceedings gives further notice.

The Commissioner will give further notice when they decide not to investigate the matter, or when the complaint is resolved. They will also give notice when they decide not to refer the matter to the Director of Proceedings. The Director of Proceedings will give notice when they decide not to start disciplinary proceedings.

This rule does not stop you from taking some actions under the Health Practitioners Competence Assurance Act 2003. You can still take action under certain sections of that Act, or if the Director of Proceedings has already started disciplinary proceedings.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM333986.

Topics:
Health and wellbeing > Healthcare servicesRights and equality > Anti-discrimination
Previous

41: Complainant and provider to be notified of investigation, or

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

Next

43: Information about result of investigation, or

"The Commissioner tells you what they found out after looking into a complaint."

Part 4Complaints and investigations
Investigations by Commissioner

42On notification of investigation authority not to take disciplinary action until further notice

  1. In any case where, after deciding to investigate the action of a health care provider or a disability services provider, it appears to the Commissioner that the investigation directly concerns a health practitioner, the Commissioner must promptly give notice of the investigation to the appropriate authority.

  2. Once the authority has received the notice, no disciplinary action under the Health Practitioners Competence Assurance Act 2003 may be taken in relation to any subject matter of the investigation until—

  3. the Commissioner notifies the authority—
    1. that the matter is not to be investigated, or investigated further, under this Act; or
      1. that the complaint or matter has been resolved; or
        1. that the matter is not to be referred to the Director of Proceedings under section 45(2)(f); or
        2. the Director of Proceedings notifies the authority of his or her decision under section 49 not to institute disciplinary proceedings in relation to the matter.

          1. This section does not prevent any action under the Health Practitioners Competence Assurance Act 2003—

          2. under any of sections 36 to 42, 45 to 51, or 69 of that Act; or
            1. in bringing and completing disciplinary proceedings initiated by a charge laid by the Director of Proceedings.

              Notes
              • Section 42: substituted, on , by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).