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Appendix F

Psychologists Board complaints procedure

As outlined in the Psychologists Act 1981:

• A complaint must be made in writing to the Secretary of the Board [s30(2)].

• The Secretary is then under a duty to refer the complaint immediately to the Health and Disability Commissioner [s37B].

• The Health and Disability Commissioner then assesses the complaint in accordance with the Health and Disability Code. The complaint will only be referred back to the Board where it concerns professional issues falling outside the Code [s37D].

• Where the complaint is referred back, the Secretary then refers the complaint to the Chairperson [s30(30].

• The Chairperson then appoints three registered psychologists to be a Complaints Assessment Committee [s29(1)] after consultation with three Board members.

• The Secretary writes to the practitioner advising him/her of the proposed CAC. The practitioner is given 14 days to object to the CAC’s membership.

• After the 14 day objection period has expired or after any objections have been resolved, the Secretary writes to the CAC Chairperson and members confirming their appointment and supplying complainant information and a copy of the Complaints Assessment Committee Guidelines.

• The CAC considers whether the Board should consider the complaint by way of a formal hearing [s31(3)]. Legal advice must be sought by the Committee Chairperson to assist with the assessment of the complaint under the Guidelines.

• A complaint will only proceed to hearing where the CAC is of the opinion that grounds exist for the Board to exercise its disciplinary powers under section 32 of the Act ie: that the practitioner has been:

i. Convicted before or following registration as a registered psychologist, by any Court in New Zealand of an offence punishable by imprisonment for a term of six months or more;

ii. Guilty of professional misconduct (including professional negligence);

iii. Guilty of conduct unbecoming of a registered psychologist.

• The complainant is advised from the outset of the membership of the CAC and how the process works. The CAC will then correspond with the complainant as they see fit, requiring further information etc.

• If the CAC recommends that a full disciplinary hearing should be heard by the Board, the Board’s Solicitor must draft a Notice of Hearing setting out the charges for the practitioner [s31(4)]. The notice states the grounds of the complaint and will call for the psychologist to respond to those grounds. A date is set down for a hearing not less than 28 days after the date of service of the notice. [s33]

• The Board has no discretion in these circumstances to waive a hearing.

• If the CAC is of the opinion that the matter should not be heard, the Board retains the discretion to proceed to a hearing. The CAC must provide the members of the Board with a copy of he report to be discussed at the next meeting. The Board may or may not then accept the CAC’s recommendations.

• The complainant is sent a letter advising him/her of the CAC’s decision. Regardless of whether there is to be a hearing, the complainant will then receive a copy of the CAC’s report.

• The hearings are closed [s33(7)]. The Board is required to observe the principles of natural justice throughout the proceedings, but may hear evidence not admissible in Court. [233(5)].

• Disciplinary powers of the Board under section 32: power to de-register, suspend, fine and censure.

• Decisions are made by the majority of the Board [s33(6)] and in writing giving a statement of reasons for the decision and advising of a right of appeal [s33(8)].

• Appeal to the High Court within 28 days of notice of the decision – unless the High Court directs otherwise [s35].

• Length of time from the lodging of a complaint to determination varies. The CAC has a guideline of 3 months, however this can be substantially longer in some cases.

• The CAC will not be able to investigate a complaint where a case is going through the Family Court until after the completion of proceedings.