the hdc code of health and disability services consumers rights

8/13/2019 The Hdc Code of Health and Disability Services Consumers Rights

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Every consumer has the right to have services provided in a manner that respects the

dignity and independence of the individua!.

RIGHT #Right to $er%ices of an &ppropriate $tandard

1) Every consumer has the right to have services provided $ith reasonab!e care and ski!!.

2) Every consumer has the right to have services provided that comp!y $ith !ega!&

professiona!& ethica!& and other re!evant standards.

3) Every consumer has the right to have services provided in a manner consistent $ith hisor her needs.

() Every consumer has the right to have services provided in a manner that minimises thepotentia! harm to& and optimises the ua!ity of !ife of& that consumer.

*) Every consumer has the right to co-operation among providers to ensure ua!ity andcontinuity of services.

RIGHT '

Right to Effecti%e Comm(nication

1) Every consumer has the right to effective communication in a form& !anguage& andmanner that enab!es the consumer to understand the information provided. +here

necessary and reasonab!y practicab!e& this inc!udes the right to a competent interpreter.

2) Every consumer has the right to an environment that enab!es both consumer and

provider to communicate open!y& honest!y& and effective!y.

RIGHT )

Right to be F(" Informed

1) Every consumer has the right to the information that a reasonab!e consumer& in that

consumer,s circumstances& $ou!d e"pect to receive& inc!uding -

a) n e"p!anation of his or her condition and

b) n e"p!anation of the options avai!ab!e& inc!uding an assessment of the

e"pected risks& side effects& benefits& and costs of each option and

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c) dvice of the estimated time $ithin $hich the services $i!! be provided and

d) otification of any proposed participation in teaching or research& inc!uding

$hether the research reuires and has received ethica! approva! and

e) ny other information reuired by !ega!& professiona!& ethica!& and otherre!evant standards and

f) #he resu!ts of tests and

g) #he resu!ts of procedures.

2) /efore making a choice or giving consent& every consumer has the right to the

information that a reasonab!e consumer& in that consumer,s circumstances& needs to makean informed choice or give informed consent.

3) Every consumer has the right to honest and accurate ans$ers to uestions re!ating toservices& inc!uding uestions about -

a) #he identity and ua!ifications of the provider and

b) #he recommendation of the provider and

c) 0o$ to obtain an opinion from another provider and

d) #he resu!ts of research.

() Every consumer has the right to receive& on reuest& a $ritten summary of informationprovided.

RIGHT *

Right to +ae an Informed Choice and Gi%e Informed Consent

1) ervices may be provided to a consumer on!y if that consumer makes an informed

choice and gives informed consent& e"cept $here any enactment& or the common !a$& or

any other provision of this Code provides other$ise.

2) Every consumer must be presumed competent to make an informed choice and give

informed consent& un!ess there are reasonab!e grounds for be!ieving that the consumer is

not competent.

3) +here a consumer has diminished competence& that consumer retains the right to makeinformed choices and give informed consent& to the e"tent appropriate to his or her !eve!

of competence.

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8b) 9or the purposes of research that has received the approva! of an ethics

committee or

8c) 9or the purposes of 1 or more of the fo!!o$ing activities& being activities thatare each undertaken to assure or improve the ua!ity of services%

8i) a professiona!!y recognised ua!ity assurance programme%

8ii) an e"terna! audit of services%

8iii) an e"terna! eva!uation of services.

RIGHT -

Right to $(pport

Every consumer has the right to have one or more support persons of his or her choice

present& e"cept $here safety may be compromised or another consumer,s rights may be

unreasonab!y infringed.

RIGHT .

Rights in Respect of Teaching or Research

#he rights in this Code e"tend to those occasions $hen a consumer is participating in& or

it is proposed that a consumer participate in& teaching or research.

RIGHT 1/

Right to Compain

1) Every consumer has the right to comp!ain about a provider in any form appropriate to

the consumer.

2) Every consumer may make a comp!aint to -

a) #he individua! or individua!s $ho provided the services comp!ained of and

b) ny person authorised to receive comp!aints about that provider and

c) ny other appropriate person& inc!uding -

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i. n independent advocate provided under the 0ea!th and :isabi!ity

Commissioner ct 166( and

ii. #he 0ea!th and :isabi!ity Commissioner.

3) Every provider must faci!itate the fair& simp!e& speedy& and efficient reso!ution ofcomp!aints.

() Every provider must inform a consumer about progress on the consumer,s comp!aint at

interva!s of not more than 1 month.

*) Every provider must comp!y $ith a!! the other re!evant rights in this Code $hendea!ing $ith comp!aints.

) Every provider& un!ess an emp!oyee of a provider& must have a comp!aints procedure

that ensures that -

a) #he comp!aint is ackno$!edged in $riting $ithin * $orking days of receipt&

un!ess it has been reso!ved to the satisfaction of the consumer $ithin that periodand

b) #he consumer is informed of any re!evant interna! and e"terna! comp!aints

procedures& inc!uding the avai!abi!ity of -

i. Independent advocates provided under the 0ea!th and :isabi!ityCommissioner ct 166( and

ii. #he 0ea!th and :isabi!ity Commissioner and

c) #he consumer,s comp!aint and the actions of the provider regarding that

comp!aint are documented and

d) #he consumer receives a!! information he!d by the provider that is or may bere!evant to the comp!aint.

4) +ithin 17 $orking days of giving $ritten ackno$!edgement of a comp!aint& the

provider must& -

a) :ecide $hether the provider -

i. ccepts that the comp!aint is justified or

ii. :oes not accept that the comp!aint is justified or

b) If it decides that more time is needed to investigate the comp!aint& -


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i. :etermine ho$ much additiona! time is needed and

ii. If that additiona! time is more than 27 $orking days& inform the

consumer of that determination and of the reasons for it.

5) s soon as practicab!e after a provider decides $hether or not it accepts that acomp!aint is justified& the provider must inform the consumer of -

a) #he reasons for the decision and

b) ny actions the provider proposes to take and

c) ny appea! procedure the provider has in p!ace.

#. rovider Com$liance

provider is not in breach of this Code if the provider has taken reasonab!e actions in thecircumstances to give effect to the rights& and comp!y $ith the duties& in this Code.

#he onus is on the provider to prove it took reasonab!e actions.

9or the purposes of this c!ause& ;the circumstances; means a!! the re!evant circumstances&

inc!uding the consumer,s c!inica! circumstances and the provider,s resource constraints.

%. Definitions

In this Code&

;&dvance directive; means a $ritten or ora! directive-

a( )y *hich a consumer ma+es a choice about a $ossible future health care

$rocedure, and

8b) #hat is intended to be effective on!y $hen he or she is not competent%

;Choice; means a decision-

8a) #o receive services%

8b) #o refuse services%8c) #o $ithdra$ consent to services%

;Consumer; means a hea!th consumer or a disabi!ity services consumer and& for the

purposes of rights *& & 481)& 484) to 4817)& and 17& inc!udes a person entit!ed to give

consent on beha!f of that consumer%

;Discrimination; means discrimination that is un!a$fu! by virtue of


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;Duties; inc!udes duties and ob!igations corresponding to the rights in this Code

;-thics committee; means an ethics committee -

8a) estab!ished by& or appointed under& an enactment or

8b) approved by the :irector-=enera! of 0ea!th.

;-$loitation; inc!udes any abuse of a position of trust& breach of a fiduciary duty& or

e"ercise of undue inf!uence%

;/$timise the 0uality of life; means to take a ho!istic vie$ of the needs of the consumer

in order to achieve the best possib!e outcome in the circumstances%

;rivacy; means a!! matters of privacy in respect of the consumer& other than matters of

privacy that may be the subject of a comp!aint under II or III of the

the hdc code of health and disability services consumers rights

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