RFCB Investigation and Disciplinary Procedure

Purpose

This procedure guides the investigation and determination of complaints regarding RFCB members.

Preliminary Assessment

The Complaints Committee will:

  • Assess jurisdiction

  • Consider public safety concerns

  • Identify conflicts of interest

  • Determine the appropriate pathway

Possible pathways include:

  • No further action

  • Informal resolution

  • Mediation

  • Formal investigation

Investigation Panel

Where a formal investigation is required, the Board will appoint an Investigation Panel.

The Panel may:

  • Review documentation

  • Interview relevant parties

  • Obtain expert advice

  • Seek additional evidence

  • Review supervision and professional practice records

Rights of the Member

The member will:

  • Receive details of the complaint

  • Be provided with relevant information

  • Be given reasonable opportunity to respond

  • Be entitled to a support person

  • Be entitled to seek legal or professional advice

Investigation Findings

The Investigation Panel will determine whether there is evidence of:

  • Professional misconduct

  • Ethical breaches

  • Incompetence

  • Conduct bringing the profession into disrepute

  • Breaches of Board standards or policies

Disciplinary Outcomes

The Board may impose one or more of the following:

Educational Outcomes

  • Advice

  • Recommendations

  • Professional development requirements

  • Additional supervision

Regulatory Outcomes

  • Conditions on membership

  • Formal warning

  • Suspension

  • Removal of membership

External Referral

The Board may refer matters to:

  • New Zealand Police

  • Oranga Tamariki

  • Health and Disability Commissioner

  • Relevant authorities or agencies

Appeals

Appeals must:

  • Be lodged within 20 working days

  • Be submitted in writing

  • State the grounds of appeal

An independent Appeals Panel will review the matter.

The Appeals Panel may:

  • Uphold the decision

  • Modify the decision

  • Overturn the decision

  • Return the matter for reconsideration

The Appeals Panel decision shall be final.

Record Keeping

All complaint and disciplinary records shall be securely maintained and retained according to Board policy and the Privacy Act 2020.