Complaints or concerns
If you are a health consumer making a complaint about the care you have received from an occupational therapist, please be aware that we are required by law to forward your complaint to the Health and Disability Commissioner (HDC). We may not take any action on your complaint while it is being considered by the HDC. However, if the complaint is serious and meets a threshold which may compromise public health and safety, then we may take action.
- Talk to the occupational therapist involved. Often complaints can be resolved by letting the occupational therapist know your concerns. Some organisations (such as DHBs or ACC) have dedicated complaints processes and staff who can help with this.
- Use the Health and Disability Advocacy service. This is a free, independent service that can help you with communicating your concern or complaint to your occupational therapist. Advocates are available all over the country and will work with you to address your concerns.
- Make a complaint to the Health and Disability Commissioner.
- Make a complaint to us, the Occupational Therapy Board of New Zealand (OTBNZ), the regulatory body for occupational therapists. The OTBNZ is required by law to refer all complaints affecting a health consumer to the Health and Disability Commissioner for assessment to decide if your rights have been breached.
If you wish to make a complaint to us, it is best to do this in writing. A form is available below to help you provide us with all the information we need:
Online complaint form or Downloadable complaint form
Please contact us if you need any assistance.
Things you should know:
- You need to give us your name. We usually cannot act on anonymous complaints.
- We will reply to you via email or letter when we receive your complaint within 5 working days.
- In the interests of natural justice, we will let the occupational therapist know that a complaint has been made against them and give them a copy of the complaint.
- We usually cannot take any action while the Health and Disability Commissioner (HDC) is investigating your complaint.
Resolution by the Occupational Therapy Board of New Zealand
The Health and Disability Commissioner may refer your complaint back to us for resolution. The OTBNZ may do this in several ways.
- The occupational therapist will be asked for their side of the story and you will be given a chance to share more information.
- We may investigate the complaint using a formal process. This process is defined by law and has several possible outcomes:
- A review of the occupational therapist’s competence, fitness or scope of practice.
- A letter of counsel being sent to the occupational therapist
- Referral of the issue to a Professional Conduct Committee
- Referral of the practitioner for a review of their competence
- No further action
- For some complaints we may ask you to consider taking part in a facilitated resolution process. Facilitated resolution aims to give you and the occupational therapist the ability to connect in a way that means everyone can be heard and understood. As a part of this, you will be asked what outcome you would like to happen. If you agree to this process we may help with communication between you and the occupational therapist or arrange for an independent mediator to meet with you both. Please note financial settlements are not available in this process.
The OTBNZ can also receive other types of complaints and/or notifications. These include:
Concerns or complaints about privacy and the handling of your personal information
If you feel that the OTBNZ has breached your privacy, you can make a complaint to the Privacy Officer on privacy@otboard.org.nz. Information about the process is available here. You can also request to view the personal information held by the OTBNZ about you, and request changes to this information if you feel it is incorrect. You may also complain to the Privacy Commissioner.
Concerns or complaints about an unregistered person providing occupational therapy services or using the title ‘occupational therapist’
The OTBNZ can receive concerns complaints relating to the improper use of the title ‘occupational therapist’. The title of ‘occupational therapist’ may only be used by practitioners who are registered and hold a practicing certificate issued by the OTBNZ. Unregistered people who hold themselves out as an occupational therapist may be prosecuted under section 7 of the HPCAA.
For more information see the OTBNZ’s policy on the use of occupational therapy qualifications and/or titles, and policy on when registration and a practising certificate are required.
Complaints or notifications about the health, conduct or competence of an occupational therapist
The OTBNZ may also receive concerns and complaints about the health, conduct or competence of an occupational therapist.
The HPCAA makes it mandatory for other health practitioners and employers to notify the OTBNZ where an occupational therapist may not be able to do their job for health reasons. It is also mandatory for an employer to notify the OTBNZ when an occupational therapist finishes their employment for competence reasons. (HPCAA s34(3)).
Complaints about an OTBNZ action or decision
If you are unhappy about a decision that the OTBNZ has made, the actions of an OTBNZ staff member, or an OTBNZ process, you can make a formal complaint. Please contact us for information on how to do this.
Below are some resources to provide advice and guidance if you are a practitioner subject to a notification:
Here are some resources you can access to know more about your rights as a health consumer in Aotearoa New Zealand: