NZ Professional Ergonomists - Certified and Associate Members of HFESNZ

The HFESNZ assesses and certifies qualified human factors and ergonomics professionals -  Associate or Certified New Zealand Human Factors Professionals/Ergonomists (Associate or Certified NZHFE). See HFESNZ Certified Ergonomists and HFESNZ Associate Ergonomists for more information about the levels of expertise you can expect. All Certified and Associate members of HFESNZ must abide the Code of Conduct, and are expected to take responsible steps regarding professional indemnity and public liability insurances. Should there be any complaints about the professional conduct of HFESNZ Certified or Associate Ergonomists, these can be made via the committee and the HFESNZ Complaints Policy and Disciplinary Processes. 

 

If you are interested in applying for Associate or Certified Professional Membership of the HFESNZ, please contact the Certification Assessors via centreforcertification@gmail.com for an application package.

 

In 2007 the New Zealand certification scheme was accredited by the International Ergonomics Association. It is modelled on the Centre for Registration of European Ergonomists (CREE), on which the certification criteria and administration procedures are based. The HFESNZ is a federated member of the International Ergonomics Association (IEA) and is abreast of current IEA developments regarding certification programme guidelines. The New Zealand and Australian Ergonomics Societies in 1998 jointly developed core competencies for ergonomists and these are also taken into consideration in certifying ergonomists. The Board for Certification of New Zealand Ergonomists (BCNZE) was originally established in 1997 and began assessing applications in 1998. It was first administered by a separate elected Board, but with the October 2015 HFESNZ Rules revision, has now become integral to the HFESNZ Committee.

 


 


 

HFESNZ Certified Ergonomists/Human Factors Professionals (as of November 2015)

 

An ergonomist or human factors professional gains Certified HFESNZ Professional Membership when they apply and have met the following requirements :

EITHER – At least THREE years of tertiary education including at least ONE year human factors/ergonomics education, plus ONE YEAR (2000 hours) supervised training by a Certified Professional Member or equivalent. Followed by TWO YEARS experience working in the field of human factors/ergonomics.

OR – By attaining a high level of competence in human factors/ergonomics as demonstrated via peer reviewed publications in all relevant areas of human factors and ergonomics.

Ergonomists/human factors professionals that have received their education/training/work experience overseas must have worked for at least 12 months in New Zealand to gain certification.

Certified Professional Members of HFESNZ are reviewed every three years to ensure their practise is relevant and current. Those who have met the requirements for Certification may refer to themselves as either Ergonomists or Human Factors Professionals, using the titles:

  • Certified NZ Human Factors and Ergonomics Professional or
  • Certified NZ Ergonomist or
  • Certified NZ Human Factors Professional
  • and the post nominals CNZErg or CNZHFE.

HFESNZ Certified Ergonomists must abide the Code of Conduct, and complaints of unprofessional conduct and breaches of the Code of Conduct will be addressed via the Complaints Policy and Disciplinary Procedures, (as outlined in the HFESNZ Supplement to the Rules). 

 

Professor Tim Bentley

Certified: July 2000, Associate: April 1999
PhD (1998), MSc Ergonomics (1994). 
Director, AUT Future of Work Programme and Co-Director, NZ Work Resarch Institute Faculty of Business and Law, AUT UniversityCity Campus, 42 Wakefield Street, Auckland. 
Ph: 09 921 9999 x 5446   
Email: 
tim.bentley@aut.ac.nz

 

Karl Bridges

Certified: August 2012
MSc Human Factors and Safety Assessment (2004), BSc (Hons) Psychology (1999)
HFEx Ltd, PO Box 47039, Ponsonby, AUCKLAND, 1144
Ph: 09 889 9346     Mob: 021 858 283
Email: karl.bridges@hfex.co.nz

  

Mr Paul Dickinson

Certified - Nov 2015; Reverted to Associate: February 2009; Certified: February 2003 to February 2009
Dip. Ergonomics (1996), Master of Business Studies (OSH major)(2003)
9 Norfolk St, Blackwood, Adelaide, SOUTH AUSTRALIA 5051
Ph: Aus 0415204097
Email: 
ergonomist1@gmail.com

 

Marion Edwin

Certified: August 2004, Associate: April 2002
Master of Ergonomics (2nd Class Hons) (2005), Dip. Occupational Therapy (1986)
Optimise Ltd, PO Box 390, MOTUEKA 7143
Ph: 03 526 8867    Mob: 027 626 1300
Email:
marion@optimiseltd.co.nz

 

Professor Stephen Legg

Certified: April 1999
PhD (1979), Bsc (Hons) Human Biology (1974)
Department of Human Resources, Health and Workplace Management, Massey University, Private Bag 11 222, PALMERSTON NORTH
Ph: 06 350 5779 x2786     Fax: 06 350 5661
Email:
s.j.legg@massey.ac.nz 

 

Dr Dave Moore

Certified: April 1998
PhD Ergonomics and Management Systems (2007), Dip. Ergonomics (1993), BA (Hons) Architectural Studies (1983). 
Senior Lecturer in Construction Management, School of Management, AUT City Campus, Level 3, WS Building, 34 St Paul St, Auckland 1010.
Phone 09 921 9999 ext 43384 Mob 0211070585       
Email: dave.moore@aut.ac.nz 


Dr David Tappin

Certified: April 1998
PhD Management (2009), MSc Ergonomics (1989), Dip. Physiotherapy (1984)
Department of Management (Albany)
Telephone: +64 9 4140800 ext 9536    Mobile: +64 21 1070585
Email:
D.C.Tappin@massey.ac.nz

 

Dr Richard Parker

Certified: July 2000, Associate: April 1998
Senior Scientist, Scion, Forestry Road, University of Canterbury, Christchurch
Telephone: +64 3 364 2949     DDI +64 3 364 2987 ext 7822      Mobile +64 27 290 6964
Email:
richard.parker@scionresearch.com

 

HFESNZ Associate Ergonomists/Human Factors Professionals (as of November 2015)

 

Applicants can become an HFESNZ Associate Professional Member when they have completed At least THREE years of tertiary education including at least ONE year human factors/ergonomics education, plus ONE YEAR (2000 hours) supervised training by a Certified Professional Member or equivalent. (They have not yet completed TWO full time years relevant experience working in the field of ergonomics following completion of the education and supervision requirements).

In addition, HFESNZ Associate Professional Members may be previously Certified Professional Members that can no longer meet the 3 yearly recertification requirements (evidence of depth and breadth of practice and being active in the profession). This can occur as job demands alter, perhaps impacting on the range and variety of ergonomics/human factors practice opportunities available to them.  In this case these practitioners may ‘revert to Associate’ membership and still retain Professional Membership of HFESNZ. 

HFESNZ Associate Professional Members may refer to themselves as either an Associate Ergonomist or Associate Human Factors Professional, using the title:

-      Associate NZ Human Factors and Ergonomics Professional or

-      Associate NZ Ergonomist or

-      Associate NZ Human Factors Professional

and the post-nominals AssocNZHFE.

HFESNZ Associate Ergonomists must abide the Code of Conduct, and complaints of unprofessional conduct and breaches of the Code of Conduct will be subject to the 'Complaints Policy and Disciplinary Procedures' as oultined in the 'HFESNZ Supplement to the Rules'.

 

Sue Alexander

Associate: September 2006
PG Dip Ergs (2002), Adv Dip Phty (OMT) (1989)
Alexander Ergonomics Consulting, PO Box 12-191, Beckenham, CHRISTCHURCH 8242
Mob: 021 266 5015     Ph: (hm) 03 332 1659
Email: 
s.alexander@clear.net.nz

 

Liz Ashby

Associate from April 2013; Certified: July 2001 – April 2013. 
MSc Ergonomics (1997), Associateship Physiotherapy (1987)
Human Matters, AUCKLAND. 
Ph: 027 2448575, 
Email: humanmatters@xtra.co.nz

 

Frank Darby

Re-joined as Associate: October 2008; Certified: April 1998 to March 2005
MSc (Ergonomics) Loughborough (1987); Bsc (Hons) (1970)
6 College St, MASTERTON
Ph: 06 377 4547    Mob: 027 240 9794
Email: 
frankandanne@xtra.co.nz

  

Leanne Hunter

Associate: November 2015
MSc Health Ergonomics (Dist) 2006, Surrey.  BSc Sport and Exercise 1999, Auckland. 
114 Lowes Road, Rolleston, Canterbury 7614.
Phone 021 475 567
Email: leannesouthernergs@yahoo.co.nz 

 

Patrick Kirk

Reverted to Associate: 2007; Certified: July 2000 to December 2007, Associate: April 1998
MBS (Dist) (1996), Dip. Bus. Admin. in Management (Dist) (1994)
Kirk & Associates Ltd, PO Box 183, ROTORUA
Ph: 07 345 3649     Fax: 07 346 354     Mob: 027 246 3548
Email: 
pat.kirk@xtra.co.nz

 

Gillian Somerville

Reverted to Associate: November 2005; Certified: April 2000 - August 2004
MSc Ergonomics (1994), BA Human Geography (1983)
61 Islington St, Ponsonby, AUCKLAND 1011
Ph: 09 376 4764   Mob: 021 968 131
Email: gillian@gesconsulting.co.nz

 

Professional Code of Conduct

This code is based on the International Ergonomics Association’s (IEA) ‘Code of Conduct for Ergonomists’ (July 2006). The fundamental ethical principles of this code are:

·         Beneficence – do good

·         Veracity – truthfulness and integrity

·         Autonomy – respect for persons

·         Justice – fairness

 All Professional Members of the HFESNZ must abide by this Code of Professional Conduct.

 

Professional Conduct

In the conduct of their profession, human factors professionals/ergonomists shall:

1.     maintain at all times personal and professional integrity, objectivity and respect for evidence.

2.     not lay false claim to educational qualifications, professional affiliations, characteristics or capacities for themselves or their organisations.

3.     refrain from making misleading, exaggerated or unjustified claims for the effectiveness of their methods, and they shall not advertise services in a way likely to encourage unrealistic expectations about the effectiveness and results of those services.

4.     limit their practice to those areas of ergonomics for which they are qualified by virtue of training and/or experience, and endeavour to maintain and develop their professional competence. Any work taken outside the competence must be conducted only with proper professional supervision or they shall give every reasonable assistance towards obtaining the required services from those qualified to provide them.

5.     always value the welfare of all persons affected by their work, protecting the privacy of individuals and organisations and follow ethical principles when conducting or reporting on research involving human participants.

6.     not use race, ethnicity, disability, gender, sexual preference, age, religion, or national origin as a consideration in hiring, promoting, or training in any situation where such consideration is irrelevant.

7.     avoid all situations that contain elements of conflict of interest, and provide full disclosure of those conflicts to all potentially affected parties.

8.     take all reasonable steps to preserve the confidentiality of information acquired through their professional practice and to protect the privacy of individuals or organisations about whom the information was collected or held. Furthermore, they shall not divulge the identity of individuals or organizations without permission from those concerned.

9.     neither solicit nor accept financial or material benefit from those receiving their services beyond what was contractually agreed. Furthermore, they shall not accept such rewards from more than one source for the same work without the consent of all parties concerned.

10.  when becoming aware of professional misconduct by a colleague, that is not resolved by discussion with the colleague concerned, they shall take steps to bring that misconduct to the attention of appropriate authorities in the professional organisations to which they belong.

11.  take all reasonable steps to ensure that those working under their supervision act with full compliance to this code of conduct.

12.  endeavour to promote the cause of ergonomics and disseminate new knowledge toward the benefit of humankind individually and collectively.

13.  show an impeccable regard for the social, cultural and moral expectations of the community in which they work.

14.  not use their position as a teacher, a granting of contracting official, an employer or an employee, or any other position of influence, to coerce or harass others.

15.  present their educational background in detail where a brief summary statement of qualifications would be deceptive or misleading.  Furthermore, they shall not allow their names to be used in connection with their services in such a way as to misrepresent the nature and efficiency of their services.  When such a misrepresentation has occurred, the members should do everything to correct the situation as soon as they become aware.

16.  hold the safety of the person, property, and health of individuals potentially affected by their work of paramount importance.

17.  restrict criticism to professional issues and refrain from personal censure.

Conduct of Research

All human factors professionals/ergonomists shall comply with the Geneva Convention and Helsinki Accord in treating both human and animal subjects, in addition to obeying national and local laws and regulations, as well as generally accepted procedures within the scientific community.  In particular, human factors professionals/ergonomists shall:

1.   where there is any potential for harm, seek and act on guidance from a competent ethics advisor or committee.

2.   identify all potential sources or causes of harm in the research they are conducting.  These hazards must then be effectively managed, including compliance with any requirements of the ethics advisor, to ensure that the risk of harm to participants is minimised.

3.   ensure that participants are fully informed of the outcome of the risk assessment and of any requirements identified by the independent ethics advisor before seeking informed consent.

4.   obtain prior written informed consent from human participants. Information must be provided in writing and orally to human participants in plain and clear language indicating the terms of participation, particularly about any hazards involved. Occasionally there may be exceptions in which the human participant is not able to consent. In such cases prior informed consent should be obtained from a person with (preferably legal) responsibility for the participant.

5.   empower human participants to terminate their involvement in the research at any time without prejudice.

6.   terminate any research process or experiment immediately if the participant's exposure to hazards exceeds commonly accepted thresholds. Further, if necessary, medical treatment must be provided.

7.   keep the identity of human participants confidential unless permission is obtained from the participants.

8.   not coerce any potential human research subject to participate as a subject in a research project, nor use undue monetary reward to induce subjects to take risks they would not otherwise take.

9.   ensure these ethical guidelines are followed by their collaborators, assistants, students, and employees.

 

Reporting of Research

In pursuit of their profession, human factors professionals/ergonomists who are engaged in research and scholarly activities have an obligation to report their work to the scientific community.  In particular, human factors professionals/ergonomists shall:

1.   ensure the integrity and accuracy of the data recorded before reporting results and conclusions to the scientific community.

2.   maintain the highest degree of objectivity when they are reviewing or editing works of other colleagues,  In particular, they must ensure that their objectivity is not impaired by their own views even if the data and the reported results conflict with their own previously published work.

3.   identify original sources (i.e. not plagiarise) and give credit to those who have contributed on a professional level to the work.

4.   pay special attention to communication of research findings so as to facilitate their practical application.

 

 

Core Competencies

A joint Australia/New Zealand project defined the following ergonomics competencies.

•   A superior knowledge of available ergonomics information
•   A command of the methodologies used by ergonomists in applying that knowledge to the design of a product, system, job, or environment
•   Applied his or her knowledge in the analysis, design, testing and evaluation of products, systems, jobs and environments.
The requirements for certification reflect this definition.

 

UNIT 1: Demonstrates professional behaviour and conduct in practice.

Element 1.1: Practices in a professional and ethical manner.

Element 1.2: Aware of the diversity of practice areas within the profession of ergonomics.

Element 1.3: Recognises the scope and limitations of the existing knowledge base of the profession during practice.

Element 1.4: Contributes to the validation of ergonomics practice through research as appropriate.

Element 1.5: Assumes responsibility for, and actively works to enhance, the level of own professional practice.

Element 1.6: Communicates effectively with clients, users, other professionals and members of the public.

Element 1.7: Strives to ensure optimal outcomes for clients and users within ethical considerations of the profession.

Element 1.8: Understands the industrial, legal and liability issues that impact upon an ergonomist's area of professional practice.

Element 1.9: Promotes the application of ergonomics.

 

UNIT 2: Uses relevant information appropriately for ergonomics practice.

Element 2.1: Has knowledge of the basic principles of ergonomics during assessment.

Element 2.2: Determines appropriate information for ergonomics practice.

Element 2.3: Accesses appropriate information.

Element 2.4: Uses information appropriately.

 

UNIT 3: Assesses the degree of match between people and their activities, equipment, environment and systems.

Element 3.1: Appreciates the extent of human variability.

Element 3.2: Determines the demands placed on people by their activities, equipment, environment and systems.

Element 3.3: Determines people's capacity to interact optimally with their activities, equipment, environment and systems .

Element 3.4: Determines the match between people and their activities, equipment, environment and systems.

 

UNIT 4: Designs and implements interventions to enhance the match between people and their activities, equipment, environment and systems.

Element 4.1: Consults and collaborates effectively with clients and users when developing, selecting and implementing optimal intervention/designs(s).

Element 4.2: Participates effectively in the design process.

Element 4.3: Develops and recommends options for ergonomics intervention/design.

Element 4.4: Facilitates selection of appropriate intervention/design.

Element 4.5: Facilitates implementation of interventions.

Element 4.6: Provides advice on the impact of legislation, codes of practice, Australian Standards and industry-based standards relevant to professional area of ergonomics practice.

Element 4.7: Records and reports outcomes of ergonomics assessments and interventions accurately and professionally.

 

UNIT 5: Evaluates ergonomics interventions.

Element 5.1: Evaluates quality and outcomes of ergonomics interventions.

Element 5.2: Facilitates modification of intervention as required, in accordance with evaluation results.

Element 5.3: Makes recommendations regarding future interventions as a result of the evaluation.

 

UNIT 6: Imparts ergonomics skills and information.

Element 6.1: Identifies client/user learning needs and opportunities.

Element 6.2: Formulates strategies for transfer of relevant knowledge and skills.

Element 6.3: Develops and conducts appropriate ergonomics-related education and training.

 HFESNZ Complaints Policy and Disciplinary Procedures

The Human Factors and Ergonomics Society of New Zealand (HFESNZ) has three levels of Membership. The first is our general membership:

·       General Members - whom have an interest in ergonomics, but not HFESNZ recognised education, training and experience (noting that they may have education, training and experience, but it may not have been assessed via HFESNZ Professional Membership processes).

HFESNZ also has two Professional Membership categories:

·       Associate Professional Members – whom have HFESNZ recognised education and training

·       Certified Professional Members – whom have HFESNZ recognised education, training and experience. These members must recertify every 3 years to maintain this status.

Code of conduct

HFESNZ’s ‘Associate and Certified Professional Members’ must abide by the HFESNZ Code of Conduct. Complaints of unprofessional conduct and breaches of the Code of Conduct will be referred to The Committee, and addressed via the following Complaints Policy (and as per 16.3 and 16.4 of the HFESNZ Rules).

Membership (all HFESNZ membership categories) may be terminated, if The Committee is of the view that the HFESNZ Member:

-          Is breaching the HFESNZ Rules, or

-          Acting in a manner inconsistent with the purpose of the society, or

-                       May bring the society into disrepute (including professional misconduct), in these cases the Committee may give written notice of this to the HFESNZ Member (see 16.4 in the Rules for the full wording and detail). 

In summary, The Committee’s Notice must:

-          Explain the breach, inconsistency, or risk of disrepute;

-          State what the HFESNZ Member must do to remedy the situation, or state that the member must write to The Committee giving reasons why The Committee should not terminate membership;

-          State that, if in 14 days from the HFESNZ Member receiving The Committee’s Notice that if The Committee is not satisfied, The Committee may terminate the membership;

-          State that, if HFESNZ membership is terminated (via a Termination Notice), the Member may appeal at the next committee meeting. This must be done by giving written notice to the Secretary, within 14 days of the Termination Notice being received. On appeal, the Member has the right to be fairly heard at a meeting within the following 28 days. Further, the Society’s decision, following this fair hearing, will be final. 

Complaints policy and disciplinary procedures

The following is guidance for complaints that may be made against Professional Members in regards to the Code of Conduct. The Society has a responsibility to advance human factors/ergonomics professional standards in New Zealand, and thus has the authority to address such complaints. This policy will help Society members, and other interested parties, understand how the code will be enforced. 

The policy is intended to provide practical guidance to establish fair, impartial and reasonable processes. It is not, in itself, a legal commitment by HFESNZ or The Committee. This process may be changed, if experience and external circumstances indicate it is necessary. The Committee acknowledges that this procedure may not be appropriate in all circumstances, and reserves the right (at its absolute discretion) to change the procedure as appropriate.

The Committee has the right to exercise all other powers it considers necessary to deal with an allegation of unprofessional conduct, with the following principles: 

a)     Timeliness – The Committee will seek to expedite issues or specific cases with as much speed as possible. This will occur with due regard to fair process and other demands on the time of The Committee Members involved.

b)     Objectivity – Each person involved, in any of the process, will deal with the information as presented. They will not be unduly affected by any prior knowledge or pre-judgements.

c)      Confidentiality – Each person involved is committed to maintaining confidentiality of privileged information, conforming to the principles of the Privacy Act 1993. The Committee will release information about steps taken, information received, Committee and Investigating Committee (see below for more details) discussions, findings etc. only in a controlled way by those persons duly authorised by Committee.

d)     Records – All records of case processes will be held in secure and confidential storage in the Society’s files. They will not be retained by individuals as long-term private records.

e)     Indemnification – The Committee will indemnify Investigating Committee Members serving in official capacities in the furtherance of the implementation of the Code of Conduct, providing they have acted in good faith and with reasonable care.

f)       Report – The Committee will report on the development of the issues relating to the Code of Conduct and any summary or in full outcomes at the next Society AGM.

g)     Overseas Cases – The payment for expenses for overseas cases will be decided upon by The Committee on a case by case basis, bearing in mind the practicalities and the cost burden on The Society.

h)     Exclusions – If any Committee Member is the subject of Code of Ethics case, or has a significant interest in the outcome of the process, then that person will exclude themselves from any process or discussion related to the case.

i)       Applicability – The Code of Conduct is applicable to all Professional Members of the Society and one of the strengths of the professional body is that it is able to advertise this fact. However, the appropriateness of formal actions (and the severity of any outcomes) will be conditioned by considerations of the level of membership and motivations of the person concerned.

Systems enquiries

It is likely that all HFESNZ Members may receive general enquiries about the Code of Conduct, and its application to various circumstances that may arise.  These enquiries, and the way in which they are handled, are very important. They will sometimes enable The Committee to deal promptly with matters which otherwise would have to be submitted to the more formal procedures. ‘System enquiries’ may come from consultancies or other institutions or from the general public.

Enquiries of this nature must have the following characteristics to be accepted:

-         Must be from an identifiable source,

-         Must not relate to easily identifiable members,

-         Must be written, and addressed to the HFESNZ Administrator or HFESNZ Secretary (and will be readdressed, if initially sent to other members of the Committee).

The Administrator/Secretary will reply to an enquiry promptly. If they cannot deal with the issues alone, they may seek advice from The Committee, before answering the enquiry. In all cases, it will be reported to The Committee, via the Chairperson, that an enquiry was made and answered. Further, records of all lodged enquires will be minuted.

Replies to system enquiries will be made in good faith, based on the limited information presented. They are not made with the fuller considerations that would be part of any Investigating Committee process. They do not prejudice specific cases that may arise later, or limit The Committee’s decisions or actions. Although every attempt will be made to maintain consistency, replies to system enquiries cannot bind current or future Committees.  They do not establish binding precedents.

Allegations of unprofessional conduct

Issues under this category relate to particular cases involving named individuals. They may come from individuals, bodies or the general public. They must be from identifiable sources and in writing to the Administrator/Secretary. The Administrator/Secretary will direct the correspondence to the Chairperson and inform The Committee that an allegation has been made, but will not pass on any more details. The allegations must relate to the provisions of the Code of Conduct, although this need not be explicitly stated.

 The Chairperson will first inform the individual named of the allegation, and the identity of the complainant if the complainant has consented (in writing) to this, and will open a complaints file. The Chairperson will keep the interested parties informed of developments.

If any of the Committee (including the Chairperson) has a significant interest in the outcome of a process, they will exclude themselves from discussion or other involvement in the process. If necessary, The Committee may co-opt other Members of the Society to assist them in their deliberations and handling of the process.

The Committee will set up an Investigating Committee, unless the allegation does not relate to the Code of Conduct. Where the Committee decide that the allegation does not relate to the Code of Conduct, the matter will be closed and the Chairperson will write to the interested parties.

If the allegation does relate to the Code of Conduct then the following process is started.

Investigating Committee

Following notification from the Chairperson that a specific allegation of unprofessional conduct has been made about a HFESNZ Member, the Committee will set up an Investigating Committee.

The initial purpose of the Investigating Committee is to decide whether a prima facie case (evidence that is sufficient to establish the fact or raise a presumption of the truth unless rebutted) exists and that matter is of sufficient gravity for processing to a full hearing.

The Committee will set up the Investigating Committee of three current Members of the Society and nominate one of them as Chair (the Chair must hold HFESNZ Professional Membership, preferably Certified). If any Members have a significant interest in the outcome of the process, then they will exclude themselves from selection.

The Investigating Committee will meet as soon as is practicable. Initially it will not call witnesses, but may ask interested parties for more information to supplement that which was included in the written allegation. Discussions and proceedings of the Investigating Committee will be confidential and not recorded. If it wishes to, the Investigating Committee may seek advice in confidence from other sources. Papers will be placed on a confidential file, which in due course will be stored by the Society.

The Investigating Committee will decide whether there is a prima facie case. It will inform the Chairperson of its decision, but will communicate the decision to no other party. The Chairperson will inform The Committee. No detailed reasons for the decision will be given.

If there is no prima facia case for further processing, the Chairperson will inform the HFESNZ Member and the party making the allegation. The Chairperson will give that Member the option of The Committee publishing the outcome of the Investigating Committee. The fact that there has been an Investigating Committee that found no prima facia case to be answered will be reported by the Chairperson to Committee at the time and to the Society Membership at the next AGM.

If the Investigating Committee has decided that there is a prima facia case for further investigation, the Chairperson will inform the HFESNZ Member and the party making the allegation, but not publicise the outcome. Avoidance of undue publicity, at this stage, preserves the interests of all parties involved.  

Where a case is not sustained by an Investigating Committee, then it cannot be reopened at a future date without substantial new evidence that was not available at the time of the original allegation.

Prima facia case

The purpose of the Investigating Committee at this stage is to make the fullest enquiry about the case. Further, it will report its findings to The Committee, with recommendations for consequent actions.

The Investigating Committee shall seek to establish the facts of the case by investigative, rather than adversarial, processes. It will use balance of probabilities, rather than beyond reasonable doubt, as the criterion for judging evidence submitted to it. Evidence will not be taken on oath.

The Investigating Committee shall reach its decisions by majority voting, if unable to reach decisions unanimously. In all cases, the procedures adopted will not be released outside the Investigating Committee, even to The Committee.

When a prima facia case requires investigation, the Chairperson will write to the HFESNZ Member and the party making the allegations of professional misconduct. This correspondence will provide the relevant parts of the Code of Conduct being considered, and explaining the procedures.

The Investigating Committee will fix the date for a hearing, giving at least 30 days clear notice to the HFESNZ Member and others concerned. The Investigating Committee will go to reasonable lengths in choosing dates to enable the HFESNZ Member to appear, taking into account the member’s personal circumstances. The HFESNZ member is entitled to know as much as possible about the issue being raised, and may submit to the Investigating Committee any prior comments he or she may wish to make.

At the hearing, the HFESNZ Member has the opportunity to attend and speak to the Investigating Committee and answer its questions. The HFESNZ Member may be accompanied by another Member of the Society, and may be represented by a solicitor. The HFESNZ Member may call witnesses to give evidence, but may not examine or cross-examine witnesses (nor may the representatives, if chosen). The HFESNZ Member may present evidence or call witnesses from a variety of sources, including those outside the profession. The HFESNZ Member shall give The Investigating Committee as much advanced information as is practicable about the witnesses and the evidence they may present.

It is the purpose of the hearing to establish the facts surrounding the allogation. It is expected that each and every Member of the Society called to give it information will cooperate to the best of their abilities. The Investigating Committee will examine each witness separately, without other people being present (except in the special case of the member and their representatives as described above). The Investigating Committee may seek further information, not presented by the witnesses who attend.

The Investigating Committee will decide upon its procedures; in particular it will decide upon the sequence of witnesses and the time it needs to consider the facts it has gathered. It will consider its decisions in private and not record the contents of its discussions and deliberations.

Following its deliberations, the Investigating Committee will report in writing, on its findings and any recommendations for penalties. This will be done in confidence, and corresponded to The Committee. If the issue of non-compliance within the Code of Conduct is not sustained, the Chairperson will write to the HFESNZ Member, giving him or her option of no publicity, although the general fact that an Investigating Committee had been set up and done its work will be reported at the next AGM.

If the complaint is sustained, the Society’s Committee will decide upon the measures that it will take and the method of releasing decisions. In particular, the highest priority will be given to informing the HFESNZ Member concerned promptly that the complaint has been sustained, and has been passed to The Committee for action. The recommendation to The Committee about any publication of the details of the non-compliance with the Code of Conduct will be considered, in relation to the importance of the issue and the need for likely interested parties to know. The Committee will also consider the need to publicise the penalties that The Committee may implement.

All papers relating to the case will be put into a confidential file in due course. These may relate to the evidence submitted and the outcomes of the Investigating Committees’ deliberations, but not to the deliberations themselves. Any document relating to the deliberations will be destroyed. 

 

 

 

spacer
dummy