Health Services Commissioner Annual Report 2000/2001

other than medication to manage his blood pressure. The family found it hard to
accept that their father would have kept his condition hidden from them and
wanted to pursue their complaint.
In assessment, the investigator spoke first to the general practitioner, and then to
a cardiologist who had seen the man for regular check ups. The cardiologist
agreed to speak to the man’s family. The records were discussed and the
cardiologist was able to confirm that it had been his patient’s wish that his family
were not “burdened” with information about his illness. The family accepted
the man’s care had been appropriate and the case was closed.
Complaints are referred to conciliation if the parties agree to the process and their
understanding of the issues to be addressed is similar. Commonly, issues of
compensation would be referred to a conciliator but other issues might also be
addressed.
Many health service professionals are registered providers. This means they must be
registered to work in their profession. Examples of registered providers are doctors,
nurses, dentists and psychologists. Referrals to professional boards occur where there
appears to be an issue of professional standards to be considered or where the matter
is clearly not suitable for conciliation. If a registered service provider refuses to
respond to a complaint, or responds inappropriately, sometimes a referral to the
relevant board is the only option.
The attitude of the complainant is also a deciding factor in whether a complaint needs
to be referred to a Board. If the complainant is not conciliatory and is seeking a
disciplinary outcome, or a judgement from the profession, these are outcomes that
may be more appropriately pursued through the boards.
Where a matter is not suitable for conciliation but is related to an unregistered
provider, the Commissioner may ask an investigator to conduct a formal investigation.
The investigator acts as the Commissioner’s delegate in collecting evidence to decide
if a complaint is justified. Investigation includes powers to require attendance and the
production of documents, hear evidence on oath and obtain warrants to inspect
premises and examine witnesses. After an investigation the Commissioner will make
recommendations for the resolution of a complaint.
In fulfilling these roles, the investigators rely on the assistance of a range of
professionals who provide expert advice in the resolution of complaints. This
assistance is greatly appreciated by the Commissioner and her staff.
In the year 2000/2001, 476 complaints were not resolved in the initial stages and so
were referred on to investigators for assessment. Of these, 306 (65%) were resolved
in the assessment stage, 97 (20%) were referred on to conciliation and 73 (15%) to
professional boards or other agencies.
In 2000/2001, the investigators resolved 304 or 10% of complaints. Of these, the
greatest number (153) were resolved with a further explanation received from the
provider.
Health Services Commissioner Annual Report 2000/2001 29