Complaints & Concerns

Formal complaints/notifications are normally dealt with as follows:

1. The complaint/notification is received by the Board
2. An acknowledgment letter is sent to the complainant advising them of the Board’s complaints/notifications process.
3. The practitioner concerned receives a copy of the complaint/notification and is advised of the Board’s complaints process.
4. If the complaint involves a health consumer that has been affected, the complaint is forwarded to the Health and Disability Commissioner (HDC). If the matter involves the Family Court (FC), the complaint will be forwarded to the appropriate FC coordinator.
5. Once the HDC and/or the FC sends the complaint back to the Board (by formal referral or otherwise), the practitioner is asked for comment.
6. The Conduct, Competence & Fitness (CCF) Committee reviews all the relevant documentation and determines the appropriate course of action

The Board delegates responsibility for reviewing complaints to the Conduct, Competence and Fitness Committee (CCF), which meets monthly. Before a complaint is referred to CCF, the matter may have also been referred to HDC/FC and the psychologist is asked to provide a response to the complaint. (Please note the Board does not receive a copy of the practitioners’ response to the HDC or FC, therefore they will be asked to prepare a further response for the Board). The psychologist’s response to the complaint is not given to the complainant.

Both the complaint, the response and any information received from the HDC and FC are presented to CCF for consideration, along with any other relevant information. The CCF assesses the complaint with a view to responding in a way that is proportionate to the level of risk to the public (right touch regulation). Very rarely, will CCF immediately need to consider risk of harm to the public based on the information in front of it, and whether practice conditions or suspension are warranted However, as noted such preventative sanction is rare and only applied in the most concerning of cases.  The CCF may decide no further action is required.

Sometimes CCF decides it needs further information to assess the complaint and may ask for a letter of reflection from the psychologist. This is to get a better understanding of the psychologist’s responses to identified issues. CCF then reviews the complaint again when it receives the additional information.

The CCF may identify competence issues affecting the practice of the psychologist. In these cases, the complaint file is closed, and the psychologist is referred to a Competence Review Panel (CRP). The CRP process is set up with Terms of Reference agreed to by the psychologist, including the appointment of two psychologists as panel members. It is designed to be a supportive process looking at current practice and is not disciplinary in nature. The CRP may find that the practitioner is practicing at the required level of competence, or it may recommend supportive measures in the form of a Competence Programme.

Sometimes, CCF decides to refer the complaint to a Professional Conduct Committee (PCC) for full investigation. This happens when there are serious concerns about the conduct of the psychologist. A PCC comprises two psychologists and a layperson. The PCC investigates the complaint and determines whether disciplinary action should be taken (referral to Health Practitioners Disciplinary Tribunal), or if there are competence issues warranting referral to a CRP. The PCC may also make no findings.

When the threshold for referral to CRP or PCC is not met, the CCF Committee may decide to issue an advisory or educational letter, and the complaint is closed.

If in the process of reviewing a complaint, concerns emerge that a health condition may be affecting a psychologist’s practice, the psychologist will be referred for a fitness review with an appropriate specialist. The complaint will be closed.