Health Care Complaints Commission

Legal Division and the Director of Proceedings

Complaints about individual health practitioners where the investigation has found sufficient evidence to consider disciplinary action are referred to the Director of Proceedings. Such complaints may involve allegations of impairment, unsatisfactory professional conduct and/or professional misconduct. For more information on the complaints process, please click here.

Prosecuting complaints

As a first step, the Director of Proceedings independently determines whether a complaint should be prosecuted. The independence of the Director of Proceedings is codified in section 90D of the Health Care Complaints Act 1993. However, the Director of Proceedings is required to consult with the relevant Registration Board about its views prior to determining whether to prosecute a complaint before a disciplinary body.

The forums to prosecute

Complaints may be prosecuted in different forums. Generally, complaints which may lead to a finding of unsatisfactory professional conduct are referred to a Professional Standards Committee of the relevant Registration Board. A Professional Standards Committee does not have the power to de-register or suspend a practitioner. It may reprimand the practitioner, impose a fine, and/or impose conditions on the registration of the practitioner. Professional Standards Committee hearings are conducted in private and the findings are generally not made public.

Prosecutions for professional misconduct are generally heard before a Tribunal. It has the power to suspend or de-register a practitioner. Sometimes, a matter that would normally be referred to a Professional Standards Committee is heard at a Tribunal, because it is in the public interest for the matter to be public. Tribunal proceedings are generally open to the public. For more information on Tribunal decisions, please click here.