Proceedings
The Director of Proceedings, Theo Baker, is an independent statutory officer appointed under the Act. Upon receiving a referral from the Commissioner, the Director (who is a lawyer) must decide whether to institute proceedings against the provider. Although the Director may provide representation or assistance to complainants in any forum (eg, a court, tribunal, inquiry), the primary focus is on disciplinary proceedings and proceedings before the Human Rights Review Tribunal. If the provider has not been referred to the Director, she is not able to be involved in any proceedings.
Disciplinary Proceedings
The Health Practitioners Disciplinary Tribunal hears charges of professional misconduct against registered health practitioners. This includes medical practitioners, nurses, midwives, dentists, chiropractors and pharmacists.
Human Rights Review Tribunal
Where the health provider is not a registered health practitioner, the Director may file proceedings before the Human Rights Review Tribunal. Non-registered health practitioners include providers such as counsellors, massage therapists and acupuncturists. Action may also be taken against bodies such as rest homes and District Health Boards as well as against a registered health professional (whether or not disciplinary proceedings are also brought). Unlike the Disciplinary Tribunal, the Human Rights Review Tribunal has the power to order the provider to pay compensation to the aggrieved person. However, because of the limitations imposed by ACC legislation, compensatory damages are available only in limited circumstances.
Where the Commissioner has found a breach of the Code, but does not refer the matter to the Director of Proceedings, or where the Director of Proceedings decides not to institute proceedings before the Human Rights Review Tribunal, an aggrieved person may personally bring such proceedings.
The Proceedings Team
The Proceedings Team is based in the Wellington Office. The Director is assisted by two other lawyers and two assistants. In order to maintain the efficient delivery of services, some cases are briefed to external counsel.