IME Agreements with worksafe

SCHEDULE H FROM THE STANDARD IME AGREEMENT
(MEDICAL PRACTITIONERS ONLY)

Clause 8.2

Complaints Handling Process
1. A person may complain to the Authority about the Independent Medical
Examiner orally or in writing.
2. If the Authority receives a complaint orally, the complainant will be asked
to confirm the complaint in writing, unless the person can provide a good
reason why the complaint should not be confirmed in writing.
3. The complainant should provide the Authority with his or her name and
other relevant information to identify him or her.
4. The Authority may reject the complaint if:
(a) the complaint is in relation to alleged conduct by an Independent
Medical Examiner occurring more than 12 months prior to the complaint
being made, unless good reason can be shown for the delay in making a
complaint;
(b) the complainant does not confirm the complaint in writing or provide
information as to his or her identity; or
(c) the Authority determines that the complaint is frivolous or vexatious.
5. The Authority will determine the appropriate procedure for handling
any complaint which it receives about the Independent Medical Examiner.
6. A complaint against the professional standards of an Independent Medical
Examiner may be referred by the Authority on the complainant’s behalf to
the Medical Practitioners Board or to the Health Services Commissioner.
7. Complaints, other than those referred to the Medical Practitioners Board
or the Health Services Commissioner, will be investigated by the Authority.
Such complaints may concern the Independent Medical Examiner and/or the
Report Requestor.
8. When the Authority investigates a complaint concerning the Independent
Medical Examiner, it shall:
(a) give the Independent Medical Examiner notice in writing of the complaint;
(b) request the Independent Medical Examiner's response to the complaint;
(c) make any other investigations which it considers appropriate;
(d) advise the complainant of the Independent Medical Examiner's response
to the complaint;
(e) determine whether:
(i) the Independent Medical Examiner's conduct constitutes a breach of the
Agreement; or
(ii) the Independent Medical Examiner’s conduct does not constitute a breach
of the Agreement; and
(f) advise the complainant and the Independent Medical Examiner of the
outcome of the investigation.
9. Where the Authority investigates a complaint about an Independent
Medical Examiner’s reports, it may exercise its powers under sub-clause
10(a) of Schedule E and require the Independent Medical Examiner to
produce to the Authority, for the purpose of review by the Peer Review
Committee, any reports produced by the Independent Medical Examiner
in the past 12 months.
10. Where a determination in accordance with sub-clause 8 (e)(i) of this
Schedule has been made, the Authority may do one or more of the following:
(a) terminate this Agreement; or
(b) issue a formal warning to the Independent Medical Examiner in relation
to his or her conduct; and/or
(c) recommend that the Independent Medical Examiner take other remedial
action; and if such remedial action is recommended:
(d) require the Independent Medical Examiner to report to the Authority
within a specified timeframe whether the remedial action recommended by
the Authority has been taken.