The HDC Code of Health and Disability Services Consumers' Rights Regulation 1996

1. Consumers have Rights and roviders have Duties! 1) Every consumer has the rights in this Code. 2) Every provider is subject to the duties in this Code. 3) Every provider must take action to a) Inform consumers of their rights and b) Enab!e consumers to e"ercise their rights.

". Rights of Consumers and Duties of roviders! #he rights of consumers and the duties of providers under this Code are as fo!!o$s%

RIGHT 1 Right to be Treated with Respect 1) Every consumer has the right to be treated $ith respect. 2) Every consumer has the right to have his or her privacy respected. 3) Every consumer has the right to be provided $ith services that take into account the needs& va!ues& and be!iefs of different cu!tura!& re!igious& socia!& and ethnic groups& inc!uding the needs& va!ues& and be!iefs of 'aori.

RIGHT 2 Right to Freedom from Discrimination, Coercion, Harassment, and Exp oitation Every consumer has the right to be free from discrimination& coercion& harassment& and se"ua!& financia! or other e"p!oitation.

RIGHT ! Right to Dignit" and Independence 1

Every consumer has the right to have services provided in a manner that respects the dignity and independence of the individua!.

RIGHT # Right to $er%ices of an &ppropriate $tandard 1) Every consumer has the right to have services provided $ith reasonab!e care and ski!!. 2) Every consumer has the right to have services provided that comp!y $ith !ega!& professiona!& ethica!& and other re!evant standards. 3) Every consumer has the right to have services provided in a manner consistent $ith his or her needs. () Every consumer has the right to have services provided in a manner that minimises the potentia! harm to& and optimises the )ua!ity of !ife of& that consumer. *) Every consumer has the right to co-operation among providers to ensure )ua!ity and continuity of services.

RIGHT ' Right to Effecti%e Comm(nication 1) Every consumer has the right to effective communication in a form& !anguage& and manner that enab!es the consumer to understand the information provided. +here necessary and reasonab!y practicab!e& this inc!udes the right to a competent interpreter. 2) Every consumer has the right to an environment that enab!es both consumer and provider to communicate open!y& honest!y& and effective!y.

RIGHT ) Right to be F( " Informed 1) Every consumer has the right to the information that a reasonab!e consumer& in that consumer,s circumstances& $ou!d e"pect to receive& inc!uding a) -n e"p!anation of his or her condition and b) -n e"p!anation of the options avai!ab!e& inc!uding an assessment of the e"pected risks& side effects& benefits& and costs of each option and 2

c) -dvice of the estimated time $ithin $hich the services $i!! be provided and d) .otification of any proposed participation in teaching or research& inc!uding $hether the research re)uires and has received ethica! approva! and e) -ny other information re)uired by !ega!& professiona!& ethica!& and other re!evant standards and f) #he resu!ts of tests and g) #he resu!ts of procedures. 2) /efore making a choice or giving consent& every consumer has the right to the information that a reasonab!e consumer& in that consumer,s circumstances& needs to make an informed choice or give informed consent. 3) Every consumer has the right to honest and accurate ans$ers to )uestions re!ating to services& inc!uding )uestions about a) #he identity and )ua!ifications of the provider and b) #he recommendation of the provider and c) 0o$ to obtain an opinion from another provider and d) #he resu!ts of research. () Every consumer has the right to receive& on re)uest& a $ritten summary of information provided.

RIGHT * Right to +a,e an Informed Choice and Gi%e Informed Consent 1) 1ervices may be provided to a consumer on!y if that consumer makes an informed choice and gives informed consent& e"cept $here any enactment& or the common !a$& or any other provision of this Code provides other$ise. 2) Every consumer must be presumed competent to make an informed choice and give informed consent& un!ess there are reasonab!e grounds for be!ieving that the consumer is not competent. 3) +here a consumer has diminished competence& that consumer retains the right to make informed choices and give informed consent& to the e"tent appropriate to his or her !eve! of competence. 3

() +here a consumer is not competent to make an informed choice and give informed consent& and no person entit!ed to consent on beha!f of the consumer is avai!ab!e& the provider may provide services $here a) It is in the best interests of the consumer and b) 2easonab!e steps have been taken to ascertain the vie$s of the consumer and c) Either& i. If the consumer,s vie$s have been ascertained& and having regard to those vie$s& the provider be!ieves& on reasonab!e grounds& that the provision of the services is consistent $ith the informed choice the consumer $ou!d make if he or she $ere competent or ii. If the consumer,s vie$s have not been ascertained& the provider takes into account the vie$s of other suitab!e persons $ho are interested in the $e!fare of the consumer and avai!ab!e to advise the provider. *) Every consumer may use an advance directive in accordance $ith the common !a$. 3) +here informed consent to a hea!th care procedure is re)uired& it must be in $riting if a) #he consumer is to participate in any research or b) #he procedure is e"perimenta! or c) #he consumer $i!! be under genera! anaesthetic or d) #here is a significant risk of adverse effects on the consumer. 4) Every consumer has the right to refuse services and to $ithdra$ consent to services. 5) Every consumer has the right to e"press a preference as to $ho $i!! provide services and have that preference met $here practicab!e. 6) Every consumer has the right to make a decision about the return or disposa! of any body parts or bodi!y substances removed or obtained in the course of a hea!th care procedure. 17) .o body part or bodi!y substance removed or obtained in the course of a hea!th care procedure may be stored& preserved& or used other$ise than 8a) $ith the informed consent of the consumer or

8b) 9or the purposes of research that has received the approva! of an ethics committee or 8c) 9or the purposes of 1 or more of the fo!!o$ing activities& being activities that are each undertaken to assure or improve the )ua!ity of services% 8i) a professiona!!y recognised )ua!ity assurance programme% 8ii) an e"terna! audit of services% 8iii) an e"terna! eva!uation of services.

RIGHT Right to $(pport Every consumer has the right to have one or more support persons of his or her choice present& e"cept $here safety may be compromised or another consumer,s rights may be unreasonab!y infringed.

RIGHT . Rights in Respect of Teaching or Research #he rights in this Code e"tend to those occasions $hen a consumer is participating in& or it is proposed that a consumer participate in& teaching or research.

RIGHT 1/ Right to Comp ain 1) Every consumer has the right to comp!ain about a provider in any form appropriate to the consumer. 2) Every consumer may make a comp!aint to a) #he individua! or individua!s $ho provided the services comp!ained of and b) -ny person authorised to receive comp!aints about that provider and c) -ny other appropriate person& inc!uding -

i. -n independent advocate provided under the 0ea!th and :isabi!ity Commissioner -ct 166( and ii. #he 0ea!th and :isabi!ity Commissioner. 3) Every provider must faci!itate the fair& simp!e& speedy& and efficient reso!ution of comp!aints. () Every provider must inform a consumer about progress on the consumer,s comp!aint at interva!s of not more than 1 month. *) Every provider must comp!y $ith a!! the other re!evant rights in this Code $hen dea!ing $ith comp!aints. 3) Every provider& un!ess an emp!oyee of a provider& must have a comp!aints procedure that ensures that a) #he comp!aint is ackno$!edged in $riting $ithin * $orking days of receipt& un!ess it has been reso!ved to the satisfaction of the consumer $ithin that period and b) #he consumer is informed of any re!evant interna! and e"terna! comp!aints procedures& inc!uding the avai!abi!ity of i. Independent advocates provided under the 0ea!th and :isabi!ity Commissioner -ct 166( and ii. #he 0ea!th and :isabi!ity Commissioner and c) #he consumer,s comp!aint and the actions of the provider regarding that comp!aint are documented and d) #he consumer receives a!! information he!d by the provider that is or may be re!evant to the comp!aint. 4) +ithin 17 $orking days of giving $ritten ackno$!edgement of a comp!aint& the provider must& a) :ecide $hether the provider i. -ccepts that the comp!aint is justified or ii. :oes not accept that the comp!aint is justified or b) If it decides that more time is needed to investigate the comp!aint& -

i. :etermine ho$ much additiona! time is needed and ii. If that additiona! time is more than 27 $orking days& inform the consumer of that determination and of the reasons for it. 5) -s soon as practicab!e after a provider decides $hether or not it accepts that a comp!aint is justified& the provider must inform the consumer of a) #he reasons for the decision and b) -ny actions the provider proposes to take and c) -ny appea! procedure the provider has in p!ace.

#. rovider Com$liance - provider is not in breach of this Code if the provider has taken reasonab!e actions in the circumstances to give effect to the rights& and comp!y $ith the duties& in this Code. #he onus is on the provider to prove it took reasonab!e actions. 9or the purposes of this c!ause& ;the circumstances; means a!! the re!evant circumstances& inc!uding the consumer,s c!inica! circumstances and the provider,s resource constraints. %. Definitions In this Code& ;&dvance directive; means a $ritten or ora! directive'a( )y *hich a consumer ma+es a choice about a $ossible future health care $rocedure, and 8b) #hat is intended to be effective on!y $hen he or she is not competent% ;Choice; means a decision8a) #o receive services% 8b) #o refuse services% 8c) #o $ithdra$ consent to services% ;Consumer; means a hea!th consumer or a disabi!ity services consumer and& for the purposes of rights *& 3& 481)& 484) to 4817)& and 17& inc!udes a person entit!ed to give consent on beha!f of that consumer% ;Discrimination; means discrimination that is un!a$fu! by virtue of <art II of the 0uman 2ights -t 1663% 4

;Duties; inc!udes duties and ob!igations corresponding to the rights in this Code ;-thics committee; means an ethics committee 8a) estab!ished by& or appointed under& an enactment or 8b) approved by the :irector-=enera! of 0ea!th. ;-.$loitation; inc!udes any abuse of a position of trust& breach of a fiduciary duty& or e"ercise of undue inf!uence% ;/$timise the 0uality of life; means to take a ho!istic vie$ of the needs of the consumer in order to achieve the best possib!e outcome in the circumstances% ; rivacy; means a!! matters of privacy in respect of the consumer& other than matters of privacy that may be the subject of a comp!aint under <art >II or <art >III of the <rivacy -ct 1663 or matters to $hich <art ? of that -ct re!ates% ; rovider; means a hea!th care provider or disabi!ity services provider% ;Research; means hea!th research or disabi!ity research% ;Rights; inc!udes rights corresponding to the duties in this Code% ;Services; means hea!th services& or disabi!ity services& or both and inc!udes hea!th care procedures% ;Teaching; inc!udes training of providers. 1. /ther -nactments .othing in this Code sha!! re)uire a provider to act in breach of any duty or ob!igation imposed by any enactment or prevents a provider doing an act authorised by any enactment. 6. /ther Rights -n e"isting right is not overridden or restricted simp!y because the right is not inc!uded in this Code or is inc!uded on!y in part.