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Health and Disability Commissioner Act 1994

Complaints and investigations - Investigations by Commissioner

45: Procedure after investigation

You could also call this:

"What happens after the Commissioner finishes investigating a complaint"

Illustration for Health and Disability Commissioner Act 1994

If the Commissioner thinks someone did something wrong after investigating, they can take action. You might be wondering what kind of action - the Commissioner can report what they think to the person or organisation involved, and make recommendations. The Commissioner can also report to other authorities, like the Accident Compensation Corporation, or make a complaint to an authority about someone.

The Commissioner can help someone make a complaint if they want to. They can also refer a health care provider or disability services provider to the Director of Proceedings, who decides what action to take. When the Commissioner refers someone, they must tell the Director of Proceedings about any relevant factors, as outlined in section 44(3).

The Commissioner has a few options when deciding what to do, including reporting to the Minister or referring someone to the Director of Proceedings for possible action under section 47 or section 50.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM333992.

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Part 4Complaints and investigations
Investigations by Commissioner

45Procedure after investigation

  1. This section applies if, after making an investigation under this Part, the Commissioner is of the opinion that any action that was the subject matter of the investigation—

  2. was in breach of the Code; or
    1. in the case of an action of a health practitioner that was taken at a time before 1 July 1996, affected a health consumer and was, at the time that it was taken, a ground for bringing disciplinary proceedings against the health practitioner under a former health registration enactment.

      1. If this section applies, the Commissioner may do all or any of the following:

      2. report the Commissioner’s opinion, with reasons, to any health care provider or disability services provider whose action was the subject matter of the investigation, and may make any recommendations as the Commissioner thinks fit:
        1. report the Commissioner’s opinion, with reasons, together with any recommendations that the Commissioner thinks fit, to all or any of the following:
          1. any authority or professional body:
            1. the Accident Compensation Corporation:
              1. any other person that the Commissioner considers appropriate:
              2. make any report to the Minister that the Commissioner thinks fit:
                1. make a complaint to any authority in respect of any person:
                  1. if any person wishes to make such a complaint, assist that person to do so:
                    1. refer 1 or more health care providers or disability services providers to the Director of Proceedings for the purpose of deciding whether any 1 or more of the following actions should be taken in relation to those providers:
                      1. any of the actions contemplated by section 47:
                        1. the institution of proceedings under section 50:
                          1. the institution of disciplinary proceedings.

                          2. On referring 1 or more health care providers or disability services providers to the Director of Proceedings under subsection (2)(f), the Commissioner must advise the Director of Proceedings of any relevant factors of the kind specified in section 44(3).

                          3. Subsection (2)(f)(ii) does not apply if this section applies because of subsection (1)(b).

                          Notes
                          • Section 45: substituted, on , by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).