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Conduct Pathway

The conduct pathway allows the Council to manage notifications (complaints) that may constitute unsatisfactory professional conduct or professional misconduct.

The Council and the Health Care Complaints Commission consult on the management of such complaints. Where it is agreed that unsatisfactory professional conduct or professional misconduct may be found, the matter is referred to the Health Care Complaints Commission as a complaint for investigation. To find out more about an investigation, click here.

Prosecution

Following investigations complaints may be referred to the Director of Proceedings of the Health Care Complaints Commission. The Director independently determines whether to prosecute the matter or not. In doing so, the Director has to take into account criteria set out in section 90C of the Health Care Complaints Act:

  • the likelihood of proving the complaint

  • the seriousness of the allegations

  • any submissions the nurse/midwife may have made

  • the protection of the public health and safety.

The Director must also consult with the relevant Council about the determination whether or not to prosecute and in which forum, as required by section 90B(3)9b). Complaints may be prosecuted before a Professional Standards Committee or the Tribunal. In general, the more serious complaints are heard before the Tribunals, which have the power to suspend or "deregister" a nurse or midwife.

Hearings

To find out more about Professional Standards Committee proceedings, click here.

To find out more about Tribunal hearing proceedings, click here.

To find out when scheduled hearings will be held, click here.