Re: Dr Death
[B][URL]http://www.vetcouncil.org.nz/complaint.php[/URL][/B]
[B]Complaints and Discipline[/B]
The Council has responsibility under the Veterinarians Act 2005 to receive and consider complaints against veterinarians, and to make determinations should charges of professional misconduct be laid, or in relation to other disciplinary matters.
See also:
[URL="http://www.vetcouncil.org.nz/complaintsPubInfo.php"]Complaints[/URL] (information for the consumer)
[URL="http://www.vetcouncil.org.nz/judicial.php"]Judicial Process[/URL]
[URL="http://www.vetcouncil.org.nz/committeeFind.php"]Judicial Committee findings[/URL]
[B]Who can make a complaint?[/B]
Any person may make a formal written complaint to the Veterinary Council about a veterinarian. This is an important aspect of the maintenance and improvement of veterinary standards, and provision is specifically made for the process in the Veterinarians Act 2005 (Part 3, Subpart 2, s 38-46).
[B]Who investigates the complaint?[/B]
The Complaints Assessment Committee considers all complaints, as well as referral of information from the Council, and can choose to undertake an investigation. There is no financial cost to the complainant for making a complaint. There is no provision in the process for compensatory payment to complainants. The Committee may decide not to investigate a complaint if it lies outside of its jurisdiction (e.g. solely about fees, employment) or if there are insufficient grounds to start an investigation.
[B]What is the process of the complaint investigation?[/B]
If the Complaints Assessment Committee (CAC) decides to investigate further, it seeks a written response from the veterinarian to the complainant's letter. This response is then sent to the complainant who has the right of reply. The Committee usually assess the complaint by considering the written statements received, but will sometimes meet with the parties involved. Further information such as expert opinion may be sought if needed.
The CAC may make a recommendation to the Council without investigating, or fully investigating, a complaint or referral if the Comittee considers that the complaint or referral
[LIST]
[]relates to the competence of the specified person; or
[]relates to a medical issue; or
[*]requires urgent action by the Council.
[/LIST]The CAC may also decide to attempt to settle the dispute by mediation.
At the end of the investigation the Committee considers the relevant evidence and decides whether there is any or sufficient evidence of a breach of the Veterinarians Code of Professional Conduct. All parties are informed in writing about decisions taken.
[B]Actions the CAC can take[/B]
The Committee can take several courses of action. It may decide not to take the matter any further, it may provide advice to the veterinarian on improvements to his or her methods, service or behaviour. It may suggest a mediation process between complainant and veterinarian. It may recommend that the VCNZ requires competence or medical assessment of the veterinarian; or in serious cases of professional misconduct it may lay charges against the veterinarian which are heard and decided upon by the Judicial Committee of the Council. If the veterinarian is found guilty the Judicial Committee can impose penalties such as censure, fines, suspension, conditions of practice, audits and retraining.
[B]What rights does the veterinarian have?[/B]
The veterinarian has the right to be treated fairly. It includes the right to know what allegations are made (and almost always by whom) and to have the opportunity to respond to allegations. It also includes the right to have legal or other support and the right to see information on which any charges are laid.
[B]What responsibilities does the veterinarian have?[/B]
There is the responsibility under the Code of Conduct (5.10) for veterinarians to "handle any complaint laid against them in a professional and timely manner"
[B]What criteria does the Committee use to make its decision?[/B]
The Code of Professional Conduct sets the principles of expertise, performance, behaviour, integrity and accountability expected of competent and reasonable veterinarians in New Zealand. The Committee considers whether a breach of the Code of Conduct has occurred (and if so to what degree).
[B]Is the process confidential?[/B]
Yes, to the parties involved in the complaint and those investigating it. Council staff and representatives do not provide identifying complaint information to people not involved in the complaint investigation (although the complaint may be summarized, for example in the Newsbrief as a case study). The Council is provided with a general outline of each complaint, without identifying details. If a veterinarian is seeking registration overseas and an investigation into a complaint made against them is underway, the Registrar may advise the registration authority in that country of this fact.
[B]How long does a complaint investigation take?[/B]
In 2005 60% of complaints were completed within three months and 89% within six months. Some complaints require more investigation than others, some investigations may be completed sooner than expected or take longer than expected.
[B]If a complaint is laid against a veterinarian where can he or she seek advice and assistance?[/B]
[B][I]New Zealand Veterinary Association:[/I][/B] If the veterinarian is a member of the New Zealand Veterinary Association or if his or her employer has VPIS insurance help may be available in the form of personal legal or (limited) financial support.
[B][I]Vets in Stress[/I][/B] The VCNZ and NZVA jointly maintain a contract with Seed which provides the Vets in Stress programme, a 24-hour freephone access (0508 664 981) to counsellors and psychologists.
The veterinarian may seek independent legal advice.
[B]Where can a veterinarian find out more about the complaints process?[/B]
Brochure: '[I]Consumer Advice[/I]', which informs the public about the complaints process is available [URL="http://www.vetcouncil.org.nz/documentation/Complaints_Brochure.pdf"]here[/URL]
By contacting the Veterinary Council of New Zealand, PO Box 10-563, Wellington 6143, New Zealand, Phone