Complaints

Should a complaint be sent to the Health and Disability Commissioner (HDC) or the OTBNZ?

Complaints against an occupational therapist that involve a health consumer should be sent to the Health and Disability Commissioner, PO Box 1791, Auckland.  The address of the HDC’s website is www.hdc.org.nz.

Complaints against an occupational therapist that involve competence or fitness, where there is no specific health consumer involved, should be sent to the OTBNZ.

When the OTBNZ receives a complaint, it considers whether the complaint relates to a health consumer – ie, the complaint alleges that the practice or conduct of an occupational therapist has affected a health consumer.  If so, the complaint must be referred to the HDC.

If the scope of the complaint is not clear, the OTBNZ may refer the complaint to the HDC for a preliminary assessment.

The HDC may refer any complaints about occupational therapists to the OTBNZ.  In this case, the OTBNZ:

• assesses the complaint
• determines, in light of the nature and circumstances of the complaint, what action it should take in response to the complaint
• may decide to refer the complaint to a Professional Conduct Committee.

Professional Conduct Committees (PCCs)

The OTBNZ may appoint a Professional Conduct Committee (PCC) from time to time to investigate complaints and make recommendations and/or determinations.  PCCs are composed of two registered occupational therapists and one layperson.

PCCs can make various determinations and recommendations. Some possible responses are that:

• the OTBNZ counsels the occupational therapist
• the OTBNZ reviews the competence of the occupational therapist
• the OTBNZ reviews the occupational therapist's scope of practice
• a charge be brought against the occupational therapist in the Health Practitioners Disciplinary Tribunal
• no further steps be taken.