The complaints and notifications process
The Health Physiotherapists Competence Assurance Act (2003) established the Board | te Poari as the responsible authority for physiotherapy in Aotearoa New Zealand.
The role of the Physiotherapy Board | te Poari
The role of the Physiotherapy Board|Te Poari Tiaki Tinana o Aotearoa is to protect the health and safety of members of the public by ensuring that physiotherapists are competent and safe to practise. The Board | te Poari takes all complaints and notifications seriously and uses available mechanisms to look into the matter. The Physiotherapy Standards Framework provides the foundation for the regulation of physiotherapy in Aotearoa New Zealand. This framework outlines the expectations the public expects from individual physiotherapists and the profession as a whole.
Complaints and notifications can come from different sources and are managed differently depending on the nature of the complaint. Complaints and notifications are received in a variety of ways. However they are received, each complaint is managed through a respectful process and in a culturally appropriate manner.
The Board | te Poari have specific actions that it can choose from when reviewing a complaint. These options are laid out in the HPCA Act, and the Board | te Poari is restricted to these options.
Requirements of natural justice
The principles of fairness and natural justice are applied throughout the complaints and notifications process. This means that the physiotherapist has a right to hear and reply to all evidence against them, to know who has made the complaint, and to respond to the complaint either in person or through a lawyer. It is not usually possible for an individual to make a complaint and remain anonymous.
The Health and Disability Commissioner
If you notify the Board | te Poari directly regarding a concern that involves kiritaki hauora (health consumers), the Board | te Poari has a legal obligation to refer the complaint or notification to the Health and Disability Commissioner (HDC). The HDC is an independent organisation that promotes the rights of people in New Zealand who use health and disability services. You can also send a complaint to the HDC directly.
The Board | te Poari cannot take disciplinary action regarding the complaint or notification until the HDC has decided if they are going to investigate the matter or not, (see section 70 HPCAA).
If appropriate, the Board | te Poari may make interim orders (under section 69 HPCAA), and/or commence a competence review process.
Referral of complaint back to the Physiotherapy Board
Once the HDC have made a decision, they will contact both the physiotherapist and the complainant. Then the Board can proceed with its own process and, in a culturally safe and appropriate manner, keep the physiotherapist and the complainant informed.
Timeframes and nature of the process
The complaints process can take a significant amount of time to be completed. Several factors, including how long the HDC takes to review the matter, are outside the Board’s control and this may affect the timeframe.
Complainant or notifier role
Once a complaint has been made, the Board | te Poari will seek relevant information from those concerned in a manner that is respectful of both the complainant and the physiotherapist. You can withdraw a complaint at any time but if the Board has identified potential issues that require attention we will need to proceed. The Board | te Poari is not required to seek a complainant’s approval when making a decision.
The Board | te Poari does not have powers to:
- order refunds or financial compensation
- provide advocacy
- provide legal advice
- consider a concern about a physiotherapist who was not registered as a physiotherapist at the time the complaint took place
- consider concerns about people employed by or managing a physiotherapy service who are not physiotherapists themselves. We are only able to deal with concerns about individual, registered physiotherapists
- consider concerns about businesses or organisations
- change the outcome of any information written for third parties
- require a physiotherapist to provide a particular diagnosis or advice to other medical practitioners, or other organisations/third parties including insurers, ACC or employers.
Potential decisions that can be made by the Board |te Poari from a complaint
A complaint or notification can attract a range of consequences, but the most serious consequences (such as suspension or being removed from the register) while possible, are reserved for the most serious breaches.
Here are some potential decisions the Board may make:
No further action– the complaint has been reviewed and has been closed. This is applicable when:
- issues are outside the Board’s jurisdiction (area of legal responsibility) under the HPCAA
- the issue is being appropriately dealt with by another party
- the physiotherapist has elevated their practices upon receiving the complaint to the required standard
- issues that don’t constitute a breach of the Board’s standards
- the complaint is trivial or vexatious.
Professional/Educational Engagement with the Professional Advisors – a complaint may identify areas for improvement in a physiotherapist’s practice that may not require a formal review or programme from the Board | te Poari, in these cases, the physiotherapist is invited to a discussion with members of the Board Secretariat to support and improve their practice.
Competence Review– The Board | te Poari can order that a physiotherapist at any time undertake a competence review of their practice if the Board | te Poari becomes aware that a physiotherapist’s competence may fall below the requirements, see section 36 of the HPCAA.
The Board | te Poari (or the Registrar acting under the Board’s delegated authority) decides to review a physiotherapist’s competence and, appoints independent physiotherapists as competence reviewers to conduct the review on its behalf. The reviewers provide a report to the Board with their recommendations, and the Board makes a decision on whether the physiotherapist’s competence needs to be addressed.
The complainant or notifier does not participate in the review.
Professional Conduct Committee (PCC) – A PCC is an independent, statutory committee appointed by the Board | te Poari to investigate questions about the conduct of a physiotherapist, or criminal convictions.
The PCC consists of three core members and a legal advisor and liaises directly with the physiotherapist and complainant and keeps both informed of the progress of its investigation. The physiotherapist has opportunities to respond to the information gathered.
The Board | te Poari must refer a matter to a PCC for investigation if we are notified by a court that a physiotherapist has been convicted of an offence:
- against specified legislation, or
- where a conviction is punishable by imprisonment for a term of three months or longer.
A PCC can decide to:
- take no further action
- make certain specific recommendations to the Board | te Poari
- lay a charge against the physiotherapist before the Health Physiotherapists Disciplinary Tribunal
- refer the matter to the police.
Keeping the complainant updated
The Board | te Poari is required to keep the complainant informed on how their complaint is progressing.
Once a decision has been made and managed, the complainant is informed of the outcome.
This means the matter has now either been closed or progressed to a competence or conduct path and while the matter may still be ongoing, the complaint aspect is completed.
Health Notification
A health condition can be a mental or physical impairment that affects the physiotherapist’s ability to practise.
Notification to the Board | te Poari or the Registrar is by written notice of the circumstances or reasons to believe that a physiotherapist is unable to practice safely due to a health condition.
As a physiotherapist or other registered health practitioner, this notification is mandatory.
As a physiotherapist with a health condition that may affect your ability to practise, you must inform the Board | te Poari.
I want to make a complaint or notification about a physiotherapist
When a complaint is made, it is the responsibility of the Board to assess the physiotherapist’s competence in Aotearoa New Zealand against the Physiotherapy Standards Framework.
The Code of Health and Disability Services Consumers’ Rights, grants a number of rights to consumers of health and disability services in Aotearoa New Zealand, including reporting a complaint or concern about a health practitioner (physiotherapist).
Complaints can be made to the Board | te Poari or the HDC at any time. Sometimes initially contacting the physiotherapist or the clinic directly to give them the opportunity to resolve the matter may mean the issue is resolved faster. If you don’t feel safe or comfortable doing this for any reason or you are not satisfied with their response, we encourage anyone with concerns to report to the Board | te Poari.
The complaint will be evaluated to see if any Board | te Poari standards have been breached by the physiotherapist. The Board processes will evaluate and decide if a physiotherapist has breached any part of the framework.
What to expect
Please see here to register a complaint or concern via our online form, or you are welcome to call us on 04 471 2610. You can either submit a complaint in writing or let us know if you are unable to submit a written complaint, as there are alternative ways to make a complaint or notification.
- All complaints are taken seriously.
- You will be kept informed throughout the complaints process.
A complaint has been made about me—what happens now?
Having a complaint or notification made about you can be very stressful and can happen to any physiotherapist at any time in their career.
While the Board | te Poari can explain the complaints process, we cannot provide advocacy, guidance, legal advice or speculate on the outcome.
The Board | te Poari must remain objective and consider a complainant’s concerns and a physiotherapist’s response without prejudice. All complaints brought to the Board will be subject to the standard complaints process
If a complaint or notification has been made about you, you can continue practising unless you have been told that you cannot by the Board | te Poari.
In the first instance, a response to the complaint is sought from the physiotherapist. You are asked to explain the circumstances and provide your version of events.
On some occasions, you will also be asked to provide:
- the kiritaki hauora (health consumer) health records
- Other relevant reports or information
Do not provide information to the Board | te Poari that you know to be false, misleading or incomplete.
Complying with the Board’s requests and processes will assist in navigating through the process efficiently.
Support
We recommend seeking support, be that professional, legal (legal advice from a lawyer or your local Community Law Centre) or from trusted peers, or colleagues. Family and whānau may provide valuable support throughout this process.