New Zealand Legislation: Acts
Acts are laws made by Parliament
An advocate shall have the following functions:
(a) To act as an advocate for health consumers and disability services consumers:
(b) To use his or her best endeavours to ensure that—
(i) Health consumers on or in respect of whom any health care procedure is carried out, or is proposed to be carried out, by a health care provider; and
(ii) Disability services consumers to whom disability services are provided, or are proposed to be provided, by a disability services provider—
are made aware of the provisions of the Code:
(c) Having regard to the needs, values, and beliefs of different cultural, religious, social, and ethnic groups, to provide information and assistance to health consumers, disability services consumers, and members of the public for the purposes of—
(i) Promoting awareness of the rights of health consumers and of disability services consumers:
(ii) Promoting awareness of the procedures available for the resolution of complaints involving a possible breach of the Code:
(d) To provide to health consumers or, where applicable, persons entitled to consent on a health consumer's behalf such assistance as may be necessary to ensure—
(i) That the health consumer's or, as the case may be, that person's consent to the carrying out of health care procedures is obtained; and
(ii) That that consent is informed consent:
(e) To promote, by education and publicity, an understanding of, and compliance with, the principle that, except where any enactment or any provision of the Code otherwise provides, no health care procedure shall be carried out without informed consent:
(f) In respect of health care providers and disability services providers in the area that the advocate serves,—
(i) To provide information on the rights of health consumers and disability services consumers:
(ii) To promote awareness of advocacy services:
(iii) To provide advice on the establishment and maintenance of procedures for providing proper information to health consumers in relation to health care procedures and for the obtaining of consent to such health care procedures:
(iv) To provide advice on the establishment and maintenance of procedures to ensure the protection of the rights of health consumers and of disability services consumers, including monitoring procedures and complaints procedures:
(g) To receive complaints alleging that any action of any health care provider or disability services provider is or appears to be in breach of the Code:
(h) In respect of a complaint of the kind referred to in paragraph (g) of this section, to represent or assist the person alleged to be aggrieved for the purposes of endeavouring to resolve the complaint by agreement between the parties concerned:
(i) To provide assistance to persons who wish—
(i) To pursue a complaint of the kind referred to in paragraph (g) of this section through any formal or informal procedures (including proceedings before an authority) that exist for resolving that complaint:
(ii) To make a representation to the Commissioner or any other body or person in respect of any matter that is or appears to be in breach of the Code:
(j) To report regularly to the Director of Advocacy on the operation of advocacy services in the area served by the advocate:
(k) To report to the Commissioner from time to time on any matter relating to the rights of health consumers or disability services consumers or both (whether in relation to a particular health consumer or disability services consumer, or a group of health consumers or disability services consumers, or in relation to health consumers or disability services consumers generally) that, in the advocate's opinion, should be drawn to the attention of the Commissioner:
(l) To exercise and perform such other functions, powers, and duties as are conferred or imposed on advocates by or under this Act or any other enactment.
Paragraph (i)(i) was amended, as from 18 September 2004, by section 8 Health and Disability Commissioner Amendment Act 2003 (2003 No 49) by substituting the words “an authority”
for the words “a health professional body”
. See section 22 of that Act as to the transitional provisions.