COMPLAINTS Registered podiatrists are expected to maintain appropriate standards of professional conduct. Should a registered podiatrist fail to maintain the expected standard of professional conduct, then a complaint may be lodged concerning that podiatrist. Who may lodge complaints? What constitutes a complaint? Complaints must be made in writing, and be
verified by statutory declaration. The contact details of the HCCC are as follows.
What happens after a complaint is lodged? Irrespective of which organisation receives a complaint, the Board and the HCCC are required to advise each other of complaints received and consult with each other in assessing how the complaint should be dealt with. For this purpose the Board has established a Complaints Committee to consult with a representative of the HCCC in assessing complaints, and delegated to the Committee the authority to make decisions with respect to complaints. Generally, the following are the range of options available to the Board and the HCCC in assessing complaints.
The complainant may be requested to elaborate on the complaint.
The complaint may be considered trivial, frivolous, or vexatious.
The complaint may be referred to the Health Department for consideration.
The complaint may be referred to another organisation for consideration.
The complaint may be referred to the Health Conciliation Registry, the statutory body created by the Health Care Complaints Act to conciliate complaints referred to it by the HCCC. Both the complainant and the podiatrist the subject of the complaint must agree to this course of action.
If the complaint provides insufficient basis on which to make a decision it may be referred for an investigation by the HCCC. The complaint would be reassessed upon receipt of the further information.
The complaint may be referred for an investigation by the HCCC.
The matter may be referred to the podiatrist concerned for direct
resolution with the complainant.
There may be no evidence which would provide grounds for disciplinary action, which raises a significant issue of public health and safety, or which raises a significant question as to appropriate care or treatment.
The HCCC uses peer reviewers to provide advice concerning the conduct complained of. In cases where a peer reviewer makes adverse comments relating to the podiatrist's conduct, insufficient to warrant a disciplinary inquiry, the HCCC may write to the podiatrist concerned and advise him or her of the peer reviewer's adverse comments.
In cases where a peer reviewer makes adverse comments relating to the podiatrist's conduct, insufficient to warrant a disciplinary inquiry, the Committee may direct the podiatrist concerned to attend a meeting of the Board, or the Complaints Committee, for counselling.
The matter may be referred to a Professional Standards Committee, or the Board, for an inquiry under section 14 of the Podiatrists Act 1989. Professional Standards Committees are established under section 21 of the Act, and comprise 2 registered podiatrists and a lay person. In such cases the HCCC would normally assume the role of nominal complainant. The complainant, and the podiatrist concerned, are entitled to be heard and to be represented by a barrister or solicitor. Witnesses may be subject to summonses to appear, and produce documents, and may be required to give evidence on oath. Section 16
of the Podiatrists Act provides that if the Board (after an inquiry conducted by itself or
a Professional Standards Committee) is satisfied that the subject-matter of a complaint
against a podiatrist is proved, the Board may: or exercise any combination of the powers conferred on it by paragraphs (a) to (i). |
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NSW Podiatrists Registration Board
