The Nursing and Midwifery Act 1997, section 6C, D, E, F, G, H, provides for investigations of complaints against a registered person and if proven Nursing and Midwifery Council (“the Council) to take disciplinary action.
Written complaints will be received and investigated by the Nursing and Midwifery Profession Complaints Committee (NMPCC) a statutory committee, initially and if the complaint is justified it will be referred to the council for further investigation. If the complaint is found to be unjustified, it will be dismissed and the complainant will be notified.
In the absence of a complaint, the Council may, of its own initiative hold an enquiry into any matter relating to the Practice of Nursing and or midwifery.
Complaints against a registered person may include any of the following:
- Professional misconduct but not limited to:
- Incompetence or negligence in the practice of nursing or midwifery.
- Improper or unethical conduct in relation to professional practice. E.g. physical or verbal patient abuse, theft breach of confidentiality.
- Exploitation of patient/client.
- Misuse of alcohol or other drugs which detrimentally impact nursing and or midwifery judgment.
- Actual or suspected drug diversion.
- A contravention of or failure to comply with, a provision of the Nursing and Midwifery Act 1997, and or Nursing and Midwifery Rules 2010. E.g. practicing without a valid registration /practicing outside one’s scope of practice.
Examples of what is not typically a complaint to go before Nursing and Midwifery Professions Complaints Committee or Nursing and Midwifery Council:
- Personality conflict; co-worker dispute.
- Employer, employee labour relations dispute.
- Employer, employee managerial disputes e.g. (include but not limited to) violation of dress code, tardiness, remuneration, inappropriate behaviour towards manager.