RFCB Complaints and Disciplinary Procedure
Purpose
The Relationship and Family Counselling Board (RFCB) is committed to protecting the public, supporting ethical practice, and ensuring fair and transparent complaint resolution processes.
All complaints will be managed according to the principles of:
Natural justice
Procedural fairness
Confidentiality
Cultural responsiveness
Public safety
Professional accountability
Restorative resolution where appropriate
Guiding Principles
The Board seeks to:
Protect the public
Support fair treatment of members
Encourage professional growth
Resolve concerns at the lowest appropriate level
Maintain confidence in the counselling profession
Promote restorative and educational outcomes where possible
Principles
1. Natural justice
2. Fairness
3. Transparency
4. Confidentiality
Record Keeping
The Board will maintain:
Complaint records
Investigation reports
Decisions
Appeals outcomes
Records will be securely stored and retained according to Board policy.
Confidentiality
All complaints will be treated confidentially.
Information will only be disclosed:
To parties directly involved
When legally required
To protect public safety
All records will be maintained in accordance with the Privacy Act 2020.
COMPLAINTS & DISCIPLINARY SYSTEM
PROCESS FLOW
1. Complaint Received
Be submitted in writing
Include relevant supporting information
Identify the member involved
Describe the concerns being raised
The Board may decline complaints that are:
Outside the Board's jurisdiction
Frivolous or vexatious
Anonymous (unless public safety concerns exist)
Previously resolved without new evidence
Acknowledgement
· The complainant will receive acknowledgement within 10 working days.
2. Initial Assessment
The Complaints Officer or Complaints Committee will:
Confirm jurisdiction
Assess risk to the public
Identify any immediate safety concerns
Determine whether the complaint warrants further action
The member will be informed of the complaint and provided an opportunity to respond.
Any Board member with a conflict of interest must immediately withdraw from the process.
3. Early Resolution/ Mediation
Where appropriate, complaints may be referred to:
Informal resolution
Facilitated discussion
Professional mediation
Both parties may:
Bring a support person
Obtain independent advice
Participation in mediation is voluntary.
Matters involving serious misconduct, significant ethical breaches, public safety concerns, or criminal allegations will proceed directly to formal investigation.
Triage Outcomes
No action
Informal resolution
Mediation
Formal investigation
4. Formal Investigation
Panel
Evidence review
Right of response
5. Decision Outcomes
5. No breach
6. Warning
7. Required training
8. Suspension
9. Removal
6. Appeals Process
1. Independent review panel
COMPLAINTS POLICY
Purpose
To:
Protect the public
Ensure accountability
Who Can Complain
Clients
Employers
Members
Public
Complaint Must Include
Name of practitioner
Description of issue
Supporting information
Process
Step 1: Intake
Complaint received and acknowledged
Step 2: Assessment
Within scope?
Step 3: Resolution Path
Option A: Informal
Mediation
Option B: Formal Investigation
Independent Mental Health Assessment
Where the Board has reasonable grounds to believe that a complainant's mental health may significantly impact their ability to participate in the complaints process, provide reliable evidence, or where serious concerns arise regarding safety, capacity, or wellbeing, the Board may require an independent mental health assessment as part of the complaints process.
Such requests will only be made when:
There is objective evidence supporting the concern;
The assessment is considered necessary to ensure a fair and effective investigation;
Less restrictive alternatives have been considered;
The request is proportionate to the circumstances of the complaint.
The assessment must be conducted by an appropriately qualified and independent mental health professional approved by the Board.
The Board may suspend or delay the complaint process until the assessment has been completed and considered.
The findings of the assessment will be considered alongside all other available evidence and will not, on their own, determine the outcome of a complaint.
Alternatively, if you want stronger powers:
Independent Assessment of Complainants
The Board reserves the right to require a complainant to undergo an independent mental health assessment where there are reasonable concerns that mental health, cognitive functioning, or emotional wellbeing may materially affect the integrity, fairness, or safety of the complaints process.
Failure to participate in a requested assessment without reasonable explanation may be considered by the Board when determining whether a complaint can proceed.
One caution: this provision should be reviewed by a lawyer familiar with New Zealand administrative law and human rights law. A professional body can expose itself to discrimination and natural justice challenges if it requires assessments too broadly. The strongest position is usually to require the Board to have "reasonable grounds supported by objective evidence" before making such a request. This protects both the Board and the public.
Outcome/ Investigation Findings
Following investigation, the panel may determine:
1. No Further Action
No evidence of misconduct or incompetence.
2. Advice or Recommendations
Practice improvements identified without disciplinary action.
3. Professional Development/Training Required
Completion of specified training, supervision, or competency development.
4. Supervision Conditions
Additional supervision requirements imposed.
5. Formal Warning
Written warning issued and recorded.
6. Suspension
Temporary suspension of membership and/or practising status.
7. Removal of Membership
Termination of Board membership.
8. Referral to External Authorities
Where required by law or public safety obligations.
This may include referral to:
Police
Oranga Tamariki
Health and Disability Commissioner
Other relevant authorities
Step 5: Appeal
Independent panel
Members have the right to appeal disciplinary decisions.
Appeals must:
Be lodged within 20 working days
State the grounds for appeal
Include supporting evidence
Appeals will be heard by an independent Appeals Panel not involved in the original decision.
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.
Appeals
Members have the right to appeal disciplinary decisions.
Appeals must:
Be lodged within 20 working days
State the grounds for appeal
Include supporting evidence
Appeals will be heard by an independent Appeals Panel not involved in the original decision.
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.
Appeal Process;
1. The accused member or the complainant may appeal the decision of the Disciplinary Team within a
specified timeframe, following the established appeals process.
2. The appeal shall be reviewed by an independent appeals panel, which shall consider the evidence
presented, review the decision of the Disciplinary Team, and make a final determination.
Implementation and Reporting
1. The decisions of the Disciplinary Team and the appeals panel shall be implemented promptly, and
any disciplinary actions taken shall be monitored for compliance.
2. RFCB shall maintain records of all disciplinary cases, ensuring confidentiality and compliance with data
protection regulations.
Timeframes
2. Acknowledgement: 5 days
3. Initial decision: 40 days
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Complaints Process Description: Intake and Review
1.1 Any individual or organisation may file a complaint against a member of the RFCB alleging a violation
of ethical standards, professional conduct, or regulations.
1.2 Complaints shall be submitted in writing to the RFCB’s Disciplinary Team and include detailed
information regarding the alleged violation, supporting evidence, and the names of any witnesses.
1.3 The Disciplinary Team shall review the complaint to determine its validity and whether it falls within
the scope of the RFCB's management and jurisdiction.
2. Investigation and Assessment:
2.1 Upon accepting a complaint for investigation, the Disciplinary Team shall appoint an investigation
panel composed of members with relevant expertise and experience.
2.2 The investigation panel shall conduct a thorough investigation, including gathering evidence,
interviewing involved parties, and reviewing relevant documentation.
2.3 The investigation panel shall assess the information and evidence gathered to determine whether
there is a prima facie case of misconduct or violation.
3. Disciplinary Hearing:
3.1 If the investigation panel finds evidence of misconduct, a disciplinary meeting shall be scheduled to
allow the accused to respond to the allegations and present their case.
3.2 The disciplinary hearing shall be conducted in accordance with fair procedures, ensuring that both
the complainant and the accused have the opportunity to present evidence, call witnesses, have a
support person, and be represented by legal counsel if desired.
3.3 The Disciplinary Team shall make a determination based on the evidence presented, the relevant
regulations and ethical standards, and the principles of natural justice.4. Disciplinary Actions
4.1 If the Disciplinary Team finds the member in violation of ethical standards, legal compliance, or
professional conduct, it may impose disciplinary actions, which may include but are not limited to:
- Reprimand
- Suspension of employment
- Suspension of services
- Suspension of contracts
- Conditions on practice
4.2 The Disciplinary Team shall communicate its decision and the reasons for its findings to the accused
member and the complainant in writing.
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COMPLAINT FORM TEMPLATE
Practitioner Details
Name:
Organisation:
Details of Complaint:
(Provide full description)
Date(s) of Incident:
Supporting evidence:
What outcome are you seeking?
Supporting Documents Attached:
Yes / No
Declaration
I confirm the information provided is accurate.
Signature:
Date:
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