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26962 Analyse the Code of Health and Disability Services Consumers' Rights in relation to consumers, providers, and advocates

NZQA Expiring unit standard	26962 version 2
	Page 4 of 4

Title	Analyse the Code of Health and Disability Services Consumers' Rights in relation to consumers, providers, and advocates
Level	6	Credits	8

Purpose

People credited with this unit standard are able to: analyse the purpose and scope of the Code of Rights in relation to consumers, providers, and advocates; analyse the application of the ten consumer rights in the Code of Rights, and explain issues in applying the Code of Rights; and explain the impact of the Code of Rights on consumers and on the practice of a health and disability advocate.

Classification

Health, Disability, and Aged Support > Health and Disability Principles in Practice

Available grade

Achieved

Guidance Information

1 Legislation relevant to this unit standard includes:

Health and Disability Commissioner Act 1994;

Health Practitioners Competence Assurance Act 2003;

Human Rights Act 1993;

New Zealand Bill of Rights Act 1990;

Privacy Act 1993;

Protection of Personal and Property Rights Act 1988.

2 Codes and guidelines relevant to this unit standard include:

Advocacy Code of Practice;

Advocacy Guidelines for the Nationwide Advocacy Service Pursuant to section 28 (1) of the Health and Disability Commissioner Act 1994. The New Zealand Gazette, 24 March 2005;

Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (the Code of Rights), all available at http://www.hdc.org.nz;

Health Information Privacy Code 1994, available at http://www.privacy.org.nz.

3 New Zealand Standards relevant to this unit standard include:

NZS 8134.0:2008 Health and disability services Standards – Health and disability services (general) Standard;

NZS 8134.1:2008 Health and disability services Standards – Health and disability services (core) Standards;

NZS 8134.2:2008 Health and disability services Standards – Health and disability services (restraint minimisation and safe practice) Standards;

NZS 8134.3:2008 Health and disability services Standards – Health and disability services (infection prevention and control) Standards.

4 References

Ministry of Health. (2001). The New Zealand Disability Strategy. Wellington; available at http://www.moh.govt.nz/.

United Nations. (2008). The Convention on the Rights of Persons with Disabilities and Optional Protocol. Geneva; available at http://www.un.org/disabilities/.

5 Candidates are required to demonstrate higher level comprehension skills that correspond to the ‘learning demands’ of Level 6 of the NZQA Level Descriptors. These skills include the ability to ‘analyse’ and ‘critically evaluate’ concepts and practice. In the context of the Code of Rights, ‘analysis’ refers to the breakdown of the Code into its constituent sections and elements in order to examine the nature, significance, applicability and interrelationships of these sections and elements.

6 Definitions

Consumer is defined in the Code of Rights and the Health and Disability Commissioner Act 1994 in the following ways:

'Consumer means a health consumer or a disability services consumer; and, for the purposes of rights 5, 6, 7(1), 7(7) to 7(10), and 10, includes a person entitled to give consent on behalf of that consumer.' – Code of Rights, Regulation 4.

'Disability services consumer means any person with a disability that –

'(a) Reduces that person's ability to function independently; and

'(b) Means that the person is likely to need support for an indefinite period.' – Health and Disability Commissioner Act 1994, s. 2.

'Health consumer includes any person on or in respect of whom any health care procedure is carried out.' – Health and Disability Commissioner Act 1994, s. 2.

Consumer-centred services are services that focus on a person’s individuality, relationships, needs, communication, feelings, and abilities; and which take a holistic view of the person’s situation as the starting point for determining the type and level of services to be provided.

Health and disability advocates assist consumers to have their rights recognised and upheld by health and disability service providers; and encourage them to take action – including making a complaint – if they have an unresolved concern. Advocates operate independently of government agencies, the Health and Disability Commissioner, and the funders of health and disability services.

Providers means disability services providers and health care providers, as defined in the Health and Disability Commissioner Act 1994, ss. 2 and 3.

Outcomes and performance criteria

Outcome 1

Analyse the purpose and scope of the Code of Rights in relation to consumers, providers, and advocates.

Range evidence is required for all six sections of the Code of Rights.

Performance criteria

1.1 The purpose of the Code of Rights is described in terms of the Health and Disability Commissioner Act 1994, the rights of consumers, and the corresponding obligations of providers.

1.2 Analysis of the Code of Rights determines the scope of the Code in terms of the definitions in Regulation 4 of the Code, and the people covered by the Code.

Range people covered by the Code – consumers, providers, advocates, Health and Disability Commissioner.

1.3 Analysis of the Code of Rights identifies the factors that determine whether complaints fall within the jurisdiction of the Code, supported by an explanation of the meaning of each factor, and an example of each factor in practice.

Range factors – the complaint is about a health or disability service; the complaint is about a consumer or consumers; the consumer is making the complaint; the consumer supports the complaint; if the consumer does not support the complaint, there is a possible public safety issue or risk to others; the complaint is about a matter that relates to the Code;

consumer may include – a consumer, a consumer's legal representative, a consumer's representative through an enduring power of attorney.

Outcome 2

Analyse the application of the ten rights of consumers in the Code of Rights, and explain issues in applying the Code of Rights.

Performance criteria

2.1 The ten rights in the Code of Rights are analysed in terms of the ways in which each of the rights strengthens the position of consumers, influences the development of consumer-centred services, and improves service quality.

2.2 The Code of Rights is analysed in terms of the ways in which services should be provided for consumers and issues that could arise in applying the Code.

Range issues in applying the Code of Rights include – Te Tiriti o Waitangi; fair treatment; discrimination as it relates to the Human Rights Act 1993, Part 2; relationship to Health Practitioners Competence Assurance Act 2003; cooperation among providers and continuity of service to consumers; effective communication, conducive environment, interpreters; fully informed, open disclosure; written consent, advance directives, permanent/temporary legal competency, consumer representation through an enduring power of attorney, consent related to body parts/tissue, consent to screening and other public health population programmes; support; teaching protocols and how these protocols are expressed to consumers; New Zealand ethical review process; complaints taken seriously and linked to quality improvement.

2.3 The complaints process is explained in terms of the requirements of the Code of Rights and issues that could arise in applying Right 10 of the Code.

Range issues in applying the Code of Rights may include but are not limited to – Te Tiriti o Waitangi; fair treatment; discrimination as it relates to the Human Rights Act 1993, Part 2; relationship to Health Practitioners Competence Assurance Act 2003; cooperation among providers and continuity of service to consumers; effective communication, conducive environment, interpreters; fully informed, open disclosure; written consent, advance directives, permanent/temporary legal competency, consumer representation through an enduring power of attorney, consent related to body parts/tissue, consent to screening and other public health population programmes; support; teaching protocols and how these protocols are expressed to consumers; New Zealand ethical review process; complaints taken seriously and linked to quality improvement;

evidence is required of a minimum of four issues.

Outcome 3

Explain the impact of the Code of Rights on consumers and on the practice of a health and disability advocate.

Performance criteria

3.1 The Code of Rights is explained in terms of its impact on the role, function, and practice of a health and disability advocate.

3.2 The Code of Rights and advocacy practice related to the Code of Rights are explained in terms of their potential to support and empower disadvantaged and/or vulnerable consumers.

3.3 Advocacy practice related to the Code of Rights is explained in terms of its capability to improve consumers’ awareness of their rights and their role in self-advocacy.

This unit standard is expiring. Assessment against the standard must take place by the last date for assessment set out below.

Status information and last date for assessment for superseded versions

Process	Version	Date	Last Date for Assessment
Registration	1	19 November 2010	31 December 2022
Review	2	27 February 2020	31 December 2022

Consent and Moderation Requirements (CMR) reference

0024

This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.

Community Support Services ITO Limited

SSB Code 101814

Ó New Zealand Qualifications Authority 2021

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