Discipline and rehabilitation for the professionals of Aoteaora: Boundaries, breaches and the benefits of a second chance

Our interdisciplinary team of Aotearoa researchers; Professor Kate Diesfeld (Te Wānanga Aronui o Tāmaki Makaurau Auckland University of Technology), Professor Lois Surgenor (Ōtakou Whakaihi Waka University of Otago), and Associate Professor Marta Rychert (Te Kunenga ki Pūrehuroa Massey University) are using a Marsden Fund Standard grant to study how practitioners get a second chance following misconduct.

Given the country’s considerable investment in, and reliance on, its registered practitioners, there are real benefits to helping people get back to being valuable contributors to society.

From left to right: Professor Kate Diesfeld, Professor Lois Surgenor, Associate Professor Marta Rychert, Dr Kate Kersey, Olivia Kelly, Amor Hirao (project manager) (photos supplied).

A Balancing Act

How do different disciplinary bodies tackle the challenge of disciplining professionals while also trying to help them get better and return safely to work? Interestingly, there is no standard approach. Sometimes, practitioners are required to get training, mentorship, supervision, or have interventions or health assessments. But these requirements depend on the tribunal. The legal profession in Aotearoa, for example, does not have a health pathway to help disciplined lawyers who are unwell.     

To research discipline and rehabilitation, we focused on three professions with large memberships of people who work with and serve potentially vulnerable people: education, health, and law. We started by analysing decisions of the three Disciplinary Tribunals from 2017 to 2021. Surprisingly, we found that not all the Tribunals consistently adopt a rehabilitation approach. In fact, traditionally it has been health and education practitioners who are more likely to receive rehabilitation penalties.

Creating theory in professions

Deeper analysis of disciplinary tribunal data pointed to the influence of the different cultures and values of the professions. To find out more, we organised focus group discussions with tribunal members, regulatory bodies, and those who deliver the services (e.g., supervisors). These discussions not only provided important insights into how things are done but also sparked reflection about how processes could be improved.

We have since been invited to share our work at the annual meeting of the Lawyers and Conveyancers Disciplinary Tribunal and the biennial meeting of the Health Practitioners Disciplinary Tribunal members. It is encouraging to see how this publicly funded research is helping develop the ways practitioners in education (e.g., teachers and principals), health (e.g., nurses, doctors, pharmacists) and law (e.g., lawyers and judges) are disciplined and how they are supported for their future practices.

The experiences and perspectives of people who have been disciplined are vital pieces of the rehabilitation puzzle. In-depth interviews illuminated several benefits resulting from the tribunals’ orders. Regarding mandatory supervision, one participant said:

“It helped me in creating better boundaries between work and my professional life (because)…maybe I had a bit of a saviour complex. And it was just taking up my life.”

Through supportive supervision, they achieved “healthier boundaries and healthier personal relationships”.  Insights like these are informing the development of our theory.

Driving large-scale impact

On an international stage, we will deliver a plenary talk at the 2025 Australasian Conference of Regulatory Officers (for the legal sector). The wider research team, including Olivia Kelly from AUT and Dr Kate Kersey from Waipapa Taumata Rau the University of Auckland, recently presented at the Australian and New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL) Congress in Melbourne. We also submitted a symposium for the December 2025 ANZAPPL Annual Congress to continue our international dialogue regarding disciplinary strategies. 

The capstone event is our fourth Disciplinary Tribunal Conference, to be held through University of Otago in Te Whanganui a Tara Wellington on 4 May 2026. We will share our steps in developing a research-driven model of rehabilitation for disciplined professionals, to help disciplinary bodies better support practitioners back to their important work and safer conditions for us all.