"ADHD.org.nz - The Laws governing the Health Care System"

"The Laws governing the Health Care System"

The information presented here was collected by the New Zealand Ministry of Health.

What laws govern the right to education for students with disabilities in New Zealand?

Code of Health and Disability Services Consumers Rights (1996)
Privacy Act 1993 and the Health Information Privacy Code 1994
Mental Health (Compulsory Assessment and Treatment) Act 1992
New Zealand Bill of Rights
The Children, Young Persons and Their Families Act 1989
Health Act 1956

Code of Health and Disability Services Consumers Rights (1996)

This Code is a regulation under the Health and Disability Commissioner Act 1994 and applies to all health and disability support services in New Zealand. It gives rights to all health and disability consumers and places obligations on people and organisations providing services.

Children are entitled to all the rights under this Code. If a consumer believes his or her rights have been breached they may make a complaint to the individual providing the service, any persons authorised to receive complaints about that provider, an independent advocate provided under the Health and Disability Commissioner Act 1994, or the Health and Disability Commissioner.

Privacy Act 1993 and the Health Information Privacy Code 1994

The Privacy Act 1993 provides a set of principles with which agencies dealing with personal information must comply. These principles cover the collection, storage, use and disclosure of information, and also set out individuals rights of access to information about themselves. In the health sector these principles have been modified by the Health Information Privacy Code 1994.

For a full copy of the Privacy Act 1993 Click here!.

Mental Health (Compulsory Assessment and Treatment) Act 1992

This Act sets out procedures for the compulsory assessment and/or treatment of people who are or may be suffering from a mental disorder. Under this Act applications for compulsory assessment can be made when:

a medical practitioner considers that there are reasonable grounds for believing that the proposed patient may be mentally disordered (the criteria for establishing the existence or otherwise of a mental disorder are given in the Act)
a medical practitioner considers that there are grounds for believing that the proposed patient is mentally disordered
the Court considers that the patient is mentally disordered.

Under treatment orders patients can be required to accept either community or inpatient treatment. A patient who is subject to a compulsory treatment order is required to accept such treatment for mental disorder as the responsible clinician shall direct during the first month of treatment of the currency of the compulsory treatment order and thereafter if a psychiatrist appointed by a Review Tribunal considers that treatment is in the patients best interests. In all other cases (except emergency treatment where the patient is unable to consent) a patients written informed consent to treatment must be obtained, and may be withdrawn at any time.

For a full copy of the Mental Health (Compulsory Assessment and Treatment) Act 1992, Click here!

New Zealand Bill of Rights

This Act is intended to affirm, protect, and promote human rights and fundamental freedoms in New Zealand; and to affirm New Zealands commitment to the International Covenant on Civil and Political Rights. It applies to all branches of government, and to any person discharging any public function, power or duty by law. It applies to all individuals regardless of age.

Importantly - Sections 10 and 11:

Every person has the right not to be subjected to medical or scientific experimentation without that persons consent.
Everyone has the right to refuse to undergo any medical treatment.

For a full copy of the New Zealand Bill of Rights 1990, Click here!

The Children, Young Persons and Their Families Act 1989

Section 16 of this Act protects persons reporting ill treatment or neglect of a child from civil, criminal or disciplinary proceeding unless the information was supplied in bad faith. For child health practitioners this means that it is not essential to seek authorisation from a child or parent in order to disclose information in situations where child abuse is known or suspected. It is good practice to inform a family and/or a child, if that child is old enough to understand the action, that a notification is being made. The exception to this is when informing the child or family would place the child or health practitioner at risk in any way or lead to interference with evidence that may be needed for investigation or criminal proceedings.

This Act has various provisions which, in certain circumstances, dispense with parental rights to give or refuse consent to medical, psychiatric and psychological assessment and treatment. This can arise when a court orders a medical examination or when the Director-General or some other person or agency has been given guardianship of a child/young person. Child health practitioners should ask a relevant employee of the Children, Young Persons and their Families Service for information about the authority on which examinations or treatment are being requested and for an explanation of the relevant law.

The general principles of the Act include taking into account the childs wishes and consulting the wider family when decisions are made about a child. Section 6 makes the welfare and interests of the child paramount in matters relating to the administration of the Act.

For a full copy of the Children, Young Persons, and Their Families Act 1989, Click here!

Health Act 1956

This Act is currently under review and a bill will be drafted after public consultation is completed. Practitioners will need to inform themselves about the consent implications of the new act when it is passed.

The Act curtails the individuals rights to consent in various circumstances, most of which are related to the powers of medical officers to require notification, examination and intervention in the cases of certain infectious diseases.

For a full copy of the Health Act 1956, Click here!

The information presented is of a general nature and is not a substitute for professional medical or legal advice. ADHD.org.nz and their associates disclaim all liability or responsibility for any actions undertaken by any person in reliance on any information provided herein. Please contact a medical specialist or lawyer before undertaking any actions.
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