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

 

Clause 1

This establishes the duties and obligations of providers to comply with the Code, to ensure they promote awareness of it to consumers and enable consumers to exercise their rights.

Clause 2

This details the ten rights of consumers and the duties of providers.
Right 1: the right to be treated with respect
Right 2: the right to freedom from discrimination, coercion, harassment, and exploitation
Right 3: the right to dignity and independence
Right 4: the right to services of an appropriate standard
Right 5: the right to effective communication
Right 6: the right to be fully informed
Right 7: the right to make an informed choice and give informed consent
Right 8: the right to support
Right 9: rights in respect of teaching or research
Right 10: the right to complain

Clause 3

Sets out provider compliance requirements and states that where the rights cannot be met then the onus is on the provider to show that it was reasonable in the circumstances not to have done so.
This reasonableness test will be applied and developed over time.& It is expected that over time, greater compliance will be demanded of providers.& This clause gives some flexibility in terms of a gradual implementation of these rights.

Clause 4

Establishes certain definitions where these are appropriate and elaborates on some of the definitions in the Act.

Clause 5

Notes that in meeting the rights no provider is required to break any other New Zealand law.

 

Clause 6

Ensures that all existing rights outside of the regulation still apply.