Some 34 complaints against doctors were determined by the Medical Council CEO as frivolous, vexatious, or not made in good faith in the first half of 2026. A Medical Council spokesperson said it opened 175 complaint files during this period, with 34 closed by the CEO under new legal powers.
Under the new legislative provisions that commenced in May 2025, the Medical Council’s CEO must determine whether a complaint is frivolous, vexatious, or not made in good faith before deciding to investigate.
If the CEO decides against an investigation using these grounds, the matter is closed. In all other cases, the CEO shall investigate the complaint.
According to the legislation, when the CEO decides a complaint is frivolous, vexatious, or not made in good faith, he/she shall give notice in writing to the complainant (outlining the decision and the reasons for it). The CEO may also give notice to the doctor if they (the CEO) believe it is in the interests of the complainant and/or doctor to do so.
There is no mechanism under the Medical Practitioners Act 2007 for a complaint to be ‘resubmitted’ once the CEO decides that it is frivolous, vexatious, or not made in good faith. However, the Council has stated that some complainants have made contact seeking to challenge or express dissatisfaction with the CEO’s decision.
The new process was discussed at a governance meeting between the Department of Health and Medical Council in May 2026.
It was noted there had been some ‘bounce back’ or rebuttals of the CEO’s determination of a complaint as frivolous, vexatious, or not made in good faith, according to minutes released by the Department under Freedom of Information law.
Of 34 such decisions made by the CEO in the first half of 2026, the Council received 14 rebuttals from complainants, the Council’s spokesperson told the Medical Independent. The complaints and investigations team opened 175 complaint files during this period.
In the second half of 2025, the CEO determined that 31 complaints were frivolous, vexatious, or not made in good faith. Some 10 rebuttals were received from complainants.
For context, the Medical Council received a total of 409 complaints in 2025.
The Council spokesperson commented: “The Medical Council acknowledges receipt of a rebuttal and advises the complainant that the legislation does not provide for an internal review or appeal mechanism in respect of the CEO’s exercise of this statutory screening function.”
“In general terms and for the purposes of transparency, the CEO will inform the doctor of the decision [relating to the complaint] and the reasons for it. There is no statutory obligation under the Act that the CEO inform the doctor of a CEO decision that a complaint is frivolous, vexatious, or not made in good faith. Typically, the doctor is not advised that the Medical Council has received a rebuttal of the CEO’s decision.”
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