Reprint as at 5 December 2013
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry of Health.
Title
1 Short Title and commencement
2 Interpretation
3 Definition of health care provider
4 Definition of registered health professional [Repealed]
5 Act to bind the Crown
6 Purpose
7 Strategies and objectives to be taken into account
Part 1Health and Disability Commissioner
8 Health and Disability Commissioner
9 Deputy Commissioners and Mental Health Commissioner
10 Qualifications for appointment
11 Commissioner to hold no other office [Repealed]
12 Term of office [Repealed]
13 Vacation of office [Repealed]
14 Functions of Commissioner
15 Director of Proceedings
16 Annual report [Repealed]
17 Further provisions relating to Commissioner
18 Review of operation of Act
Part 2Code of Health and Disability Services Consumers’ Rights
19 Commissioner to prepare draft Code
20 Content of Code
21 Review of Code
22 Notification of intention to forward draft Code to Minister
23 Consultation on preparation and review of Code
Part 3Health and Disability Services Consumer Advocacy Service
24 Director of Health and Disability Services Consumer Advocacy
25 Functions of Director of Advocacy
26 Advocacy services to operate independently
27 Purchase of consumer advocacy services
28 Guidelines for operation of advocacy services
29 Consultation on preparation of guidelines
30 Functions of advocates
Part 4Complaints and investigations
Receipt of complaints
31 General right to make complaints
32 Complaints referred to Commissioner
33 Preliminary assessment
Referral of complaints to agencies, persons, statutory officers, or advocates
34 Referral of complaint to agencies or persons involved in health or disability sector
35 Agencies or persons to keep Commissioner informed about referred complaints
36 Referrals of complaints to certain statutory officers
37 Commissioner may refer complaint to advocate
Decision to take no action
38 Commissioner may decide to take no action or no further action on complaint
Commissioner required to share certain information
39 Commissioner to inform agencies of certain risks
Investigations by Commissioner
40 Commissioner may investigate breaches
41 Complainant and provider to be notified of investigation
42 On notification of investigation authority not to take disciplinary action until further notice
43 Information about result of investigation
44 Consultation required before matter referred to Director of Proceedings
45 Procedure after investigation
46 Implementation of recommendations of Commissioner
47 Director of Proceedings’ right to participate in disciplinary and other proceedings
48 Commissioner to report certain matters to appropriate authority [Repealed]
49 Functions of Director of Proceedings
Proceedings before Human Rights Review Tribunal
50 Proceedings before Human Rights Review Tribunal
51 Aggrieved person may bring proceedings before Tribunal
52 Remedies that may be sought
53 Limitation on right to bring proceedings
54 Powers of Human Rights Review Tribunal
55 Right of Director of Proceedings to appear in proceedings
56 Proof of exceptions
57 Damages
58 Certain provisions of Human Rights Act 1993 to apply
Part 5Miscellaneous provisions
Miscellaneous provisions
59 Procedure
60 Duty to forward complaints
61 Mediation conference
62 Evidence
63 Protection and privileges of witnesses, etc
64 Disclosure of certain matters not to be required
65 Proceedings privileged
66 Corrupt use of official information [Repealed]
67 Adverse comment
Delegations
68 Delegation of functions and powers
69 Further provisions relating to delegations
70 Delegate to produce evidence of authority
71 Revocation of delegations
Vicarious liability
72 Liability of employer and principal
Offences
73 Offences
Regulations
74 Regulations
75 Where regulations made against or without advice of Commissioner
Amendments to other enactments
76 Amendments to Ombudsmen Act 1975
77 Amendments to Higher Salaries Commission Act 1977 [Repealed]
78 Amendment to Public Finance Act 1989 [Repealed]
79 Amendment to Accident Rehabilitation and Compensation Insurance Act 1992
80 Amendments to Health Reforms (Transitional Provisions) Act 1993
81 Amendments to Privacy Act 1993
82 Amendment to Human Rights Act 1993
Schedule 1Former health registration enactments
Schedule 2Provisions applying in respect of Commissioner
Mental Health Commission Amendment Act 2012
Reprint notes
An Act to promote and protect the rights of health consumers and disability services consumers, and, in particular,—
(a) to secure the fair, simple, speedy, and efficient resolution of complaints relating to infringements of those rights; and
(b) to provide for the appointment of a Health and Disability Commissioner to investigate complaints against persons or bodies who provide health care or disability services; and to define the Commissioner’s functions and powers; and
(c) to provide for the establishment of a Health and Disability Services Consumer Advocacy Service; and
(d) to provide for the promulgation of a Code of Health and Disability Services Consumers’ Rights; and
(e) to provide for matters incidental thereto