New Zealand Executive Government Speech Archive

Good morning. It is a pleasure to be part of the launch of the Code of Health and Disability Services Consumers' Rights.

The establishment of a Code of Rights was recommended by today's keynote speaker, Judge Dame Silvia Cartwright, in her Report of the Cervical Cancer Inquiry in 1988.

I see the Code as a major milestone for the health and disability sector. The Code brings together a number of important principles based on existing legislation, the common law, professional guidelines, and ethical precepts. The Code will make it easier for consumers to establish what they can expect from health and disability services providers. At the same time, providers of health and disability services will have more clarity regarding what their obligations to consumers are, and the manner in which they should provide services.

Consumers of health and disability services are often placed in a vulnerable situation because of a lack of knowledge and their need for treatment. Supported by the Health and Disability Commissioner's publicity campaign, the Code should enable consumers to participate more effectively in the health and disability sector. It should "empower" consumers and provide them with a better basis to participate in decisions about the treatments they receive. In the long term this will be an important outcome of the Code.

The Code has been developed after extensive consultation with consumers and providers by the Health and Disability Commissioner. I commend the Commissioner for all her hard work in developing the Code. Many of the ideas expressed by consumers and providers in the consultation process have been incorporated in the Code to make it as workable and practicable as possible.

The obligations established in the Code apply to all providers of health and disability services, irrespective of whether they are public, private or voluntary sector providers.

The Code has ten rights. These are:

• the right to be treated with respect;
• the right to freedom from discrimination, coercion, harassment and exploitation;
• the right to dignity and independence;
• the right to services of an appropriate standard;
• the right to effective communication;
• the right to be fully informed;
• the right to make an informed choice and give informed consent;
• the right to support;
• rights in respect of teaching or research; and
• a right to make a complaint about the provision of health or disability services.

All of these rights are important. The right to be fully informed, and the right to make an informed choice and give informed consent are "at the heart" of greater consumer involvement in the delivery of health and disability services. These rights will empower consumers in the decision making process. The Government's view is that a better informed consumer is also a consumer that is able to participate more fully in the decision making process leading to the provision of treatment. This can only be good for the health of New Zealand communities.

The Code reflects a number of important rights already established in statute, such as the right to be treated with respect and to have privacy respected. A number of rights recognised in common law, such as the use of advance directives or living wills are also set out in the Code. The Code also establishes a number of new rights. These include the right to a support person, the right to effective communication, and the right to make a complaint about the provision of health or disability services.

Consumers may feel they are placed in a vulnerable situation when making a complaint about the action of a provider. The Health and Disability Commissioner Act provides a means for an independent party to prosecute complaints on behalf of a consumer. The Code requires every provider to have a complaints procedure which facilitates the "fair, simple, speedy, and efficient resolution of complaints". All complaints must be acknowledged in writing within 5 working days of receipt and, as a general rule, responded to 10 working days later. Consumers must also be told of their right to complain to the Commissioner or to a consumer advocate.

I am confident that all providers will strive to deliver health and disability services consistent with the Code. As recognised by the Code all providers will face the constraints and limitations of human, physical and financial resources. I am also confident that the Code clearly sets out the rights of consumers, while at the same time reflecting realistic expectations for providers.

The Code is an important document which has the potential to significantly improve the way health and disability services are provided. The Government announced in the 1996 Budget a further $1.4 million for the Office of the Health and Disability Commissioner for implementing the Code, and investigating complaints about breaches of the Code. This demonstrates the Government's commitment to the Code. I wish the Health and Disability Commissioner every success with the implementation of the Code.

Thank you.