Competence review

The Health Practitioners Competence Assurance Act (HPCA Act) requires the OTBNZ to ensure the competence of all practising certificate holders.  The OTBNZ has the discretion to review the practice of an occupational therapist at any time, regardless of whether there is cause for concern, or whether a complaint or notification has been received. 

Complaints or notifications about competence

All complaints or notifications to the OTBNZ about competence concerns must be in writing.  When the OTBNZ receives a written notification that a therapist is practising below the required standard of competence, it must assess any potential risk of harm. 

The OTBNZ may order the interim suspension of a practising certificate, or limit the practice of a therapist pending a competence review, if there are reasonable grounds to believe that the therapist poses a risk of serious harm to the public by practising below the required standard of competence. 

Purpose of a competence review

A competence review is not disciplinary in nature.  It is designed to assess in a collegial way whether an occupational therapist meets the required standard of competence.  The OTBNZ’s objectives are that the review process is fair and that the review should be as constructive, supportive and educative as possible.

Competence review process

The OTBNZ follows principles of fairness and natural justice in seeking information in relation to any complaint or notification.  It considers all the information, including the therapist's response, and only proceeds with a review if the complaint or notification is clearly not frivolous or vexatious. 

As soon as practicable after the OTBNZ decides that a competence review is to be undertaken, the Registrar notifies the occupational therapist and provides them with all relevant information.  The occupational therapist may request a change of the Competence Review Panel membership, and has the right to make submissions.

After completing the Competence Review, the Panel sends its report to the occupational therapist for comment, before the OTBNZ makes any Order.  However this does not apply to matters where there is a risk of serious harm to the public.

What happens if the therapist has failed to demonstrate the required standard of competence?

 If, after conducting a competence review, the OTBNZ has reason to believe that a therapist fails to meet the required standard of competence, the OTBNZ must make one or more of the following orders:

• that the therapist undertake a competence programme
• that one or more conditions be included in the therapist's scope of practice
• that the therapist sit an examination or undertake an assessment specified in the order
• that the therapist be counselled or assisted by one or more nominated persons.

Disciplinary concerns

Ethical matters or matters of professional misconduct are distinct from competence issues.  If it is evident either on receipt of the initial notification, or at the conclusion of the competence review, that the concerns relate to ethical matters or professional misconduct, the OTBNZ may refer the matter to a Professional Conduct Committee for investigation.  If necessary, the matter may proceed to the Health Practitioners Disciplinary Tribunal.

Fitness concerns

Mental and physical health issues are distinct from competence issues.  If it is evident either on receipt of the initial notification, or at the conclusion of the competence review, that the concerns relate to mental or physical impairment, the OTBNZ may refer the matter to a Fitness Committee.