The new Medical Registration Act came into operation on 3 April 1998. Under the new Act, a Complaints Panel consisting of Council members, medical practitioners of at least 10 years standing who are not Council members and lay persons was appointed.

Complaints received under the new Act are considered by the Complaints Committees, which draw their members from the Complaints Panel. Each Complaints Committee comprises:

• a chairman, being a member of the Complaints Panel who is a member of the Medical Council;
• a member of the Complaints Panel who is a member of the Medical Council;
• a member of the Complaints Panel who is a registered medical practitioner but not a member of the Medical Council; and
• a member of the Complaints Panel who is a lay person.

The functions of a Complaints Committee is to investigate into a complaint made against a medical practitioner or into any information received by the Medical Council concerning the character or the fitness of any medical practitioner. Section 41(1) of the Act states that a Complaints Committee shall inquire into any complaint or information, and upon completion of its inquiry, it shall, if it is of the view that no formal inquiry by a Disciplinary Committee is necessary -

• order that the registered medical practitioner be issued with a letter of advice;
• order that the registered medical practitioner by warned;
• order that the complaint or matter be dismissed; or
• make such order as it thinks fit.

If the Complaints Committee is of the view that a formal inquiry is necessary, the Medical Council shall forthwith appoint a Disciplinary Committee to hear and investigate the complaint or matter. If the matter touches upon the physical or mental fitness of a medical practitioner to practise medicine, then the matter is referred to a Health Committee.

Complaints against medical practitioners are dealt with under Section 40 of the Medical Registration Act 1997. The Complaints Committee can only proceed with the investigation after it has received an official complaint in writing and supported by a Statutory Declaration.

The complainant must state the full facts of his case and his allegations clearly in his letter of complaint against the doctor. Click here to download the instructions for lodging a complaint / statutory declaration form.

The Complaints Committee shall inform the doctor and the complainant of the outcome of their investigations when it is completed.