Te tuku amuamu
Making a complaint
If you have a concern about a paramedic, this should be provided in writing and be sufficiently detailed. Anonymous complaints cannot usually be acted upon. Te Kaunihera Manapou Paramedic Council (Te Kaunihera) will acknowledge receipt of a complaint within 5 working days.
Some organisations such as district health boards (DHBs) or Accident Compensation Corporation (ACC) have a dedicated complaints process.
Health and Disability Advocacy Service
As a reminder, often complaints can be resolved by talking with the paramedic concerned. You may prefer to use the Health and Disability Advocacy Service. This is a free, independent service that can help you with communicating your concern or complaint to the paramedic. Advocates are available all over the country and will work with you to address your concerns.
Health and Disability Commissioner (HDC)
The role of the HDC is to promote respect for and observance of the rights of health consumers and disability services consumers and to investigate any action that appears to be in breach of the Code of Health and Disability Services Consumers’ Rights.
You can view the Code and information on the Commissioner’s complaint processes by visiting the HDC website.
Complaints where the conduct or competence of a health practitioner has affected a health consumer (patient) are considered by the HDC in the first instance.
It is recommended in the first instance that all consumer concerns are sent to the HDC.
Any complaint received by Te Kaunihera that alleges that the practice or conduct of a paramedic has affected a health consumer must be forwarded to the HDC.
After considering a complaint, the HDC may decide to refer the matter to Te Kaunihera for consideration. If this happens, Te Kaunihera will promptly notify the complainant and the paramedic involved, assess the complaint and decide on a course of action to be taken.
See a flow chart of the HDC complaint process.
Te Kaunihera cannot take any action while the HDC is investigating the complaint.
Complaints received by Te Kaunihera
Complaints or concerns raised about a paramedic’s competence or behaviour received by Te Kaunihera are considered by a triage team. This team is made up of: the Registrar, Professional Advisors and the Registration Coordinator.
The triage team will complete an initial review and may:
- seek further information to help assessment committee members make an informed decision
- refer the matter to a health committee if it is a health issue
- refer the matter to another agency (if more appropriately dealt with by them)
- refer the matter to the full Te Kaunihera for consideration
- recommend to Te Kaunihera that a notice be issued under section 35 of the Health Practitioners Competence Assurance Act 2003
- recommend that Te Kaunihera refer the matter to a professional conduct committee (PCC) for investigation
- recommend that Te Kaunihera refer the matter to a competence review committee
- send the practitioner an educational letter
- take no further action on the matter.
In the interests of natural justice, the paramedic will know about any complaint made against them and be given a copy of the complaint.
Health Practitioners Disciplinary Tribunal
The HPCA Act has established the Health Practitioners Disciplinary Tribunal to hear and determine charges brought before it for any health practitioner covered by the HPCA Act. The Tribunal is a separate body from Te Kaunihera. It is likely that the Tribunal will consider only the most serious of complaints.
The Tribunal membership is composed of the chair (a barrister or solicitor of the High Court) or a deputy chair and four others – a lay person and three paramedics.
The source of charges before the Tribunal is either the HDC Director of Proceedings or a PCC.
Court convictions
Court registrars are required to send a notice of conviction to Te Kaunihera when a paramedic has been convicted of an offence that is punishable by imprisonment for a term of 3 months or longer or for other offences listed in the HPCA Act. These convictions must be referred to a PCC.
Practising without a practising certificate
Paramedics who have practised without a practising certificate for a significant period of time and who have failed to provide a reasonable explanation for the lapse may be referred to a PCC. Paramedics are invited to attend a meeting or to provide a written explanation for the lapse.