The Act
The Health and Disability Commissioner Act 1994 (the Act) was established to promote and protect the rights of health and disability services consumers by:
- Ensuring complaints are resolved in a fair, timely and efficient manner.
- Establishing a Health and Disability Commissioner.
- Establishing a Health and Disability Services Consumer Advocacy Service.
- Implementing the Code of Rights for Health and Disability Services Consumers (the Code)
- Addressing related matters.
The Advocacy Service
The Health and Disability Services Consumer Advocacy Service (the Advocacy Service) was established in 1996. It provides a free service that operates independently from all health and disability service providers, government agencies and HDC.
The Advocacy Service must comply with the Act and the secondary legislation, the Advocacy Guidelines 2005.
The Code
The Code establishes the rights of people using health and disability services, and the obligations and duties of providers to comply with the Code. It is a regulation under the Act.
Establishment of the Code
The Code of Health and Disability Services Consumers' Rights became law on 1 July 1996. It grants a number of rights to all people using health and disability services in New Zealand, and places corresponding obligations on providers of those services.
Reviews of the Code
The Code has been reviewed four times (1999, 2004, 2009 and 2014). One change was made in June 2004, to substitute a new version of Right 7(10).
The Code is currently being reviewed. Click here to have your say.
Who is covered by the Code?
The Code applies to health and disability service providers who are providing health and disability services to people, regardless of whether or not those services are paid for.
The Code also applies to hospitals and other health and disability institutions, and allows the Commissioner to enquire into system issues.
Disability services includes goods, services, and facilities provided to people with disabilities for:
- their care or support; or
- to promote their independence; or
- for related or incidental purposes.
A disability service provider is any individual or organisation who provides, or holds themselves out as providing, disability services.
Health services are defined in the Act, and health service providers include all registered health professionals, such as doctors, nurses, and dentists. Providers also include people who hold themselves up as providing health services that may be considered outside the mainstream of medical practice, such as naturopaths, homeopaths, and acupuncturists.
Obligations under the Code
Every provider is subject to the duties in the Code. Every provider must take action to inform people of their rights and enable them to exercise their rights. A provider is not in breach of the Code if he/she/it has taken reasonable actions in the circumstances to give effect to the rights, and comply with the duties, in the Code. The onus is on the provider to prove that reasonable actions were taken.