Reprint as at 1 October 2008

Health and Disability Services (Safety) Act 2001

Public Act	2001 No 93
Date of assent	30 November 2001
Commencement	see section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Health.

5 Health or disability services defined

6 Rest home care defined

7 Act may be applied to other health or disability services

8 Services to which Act does not apply

9 Providers of health care services to meet service standards

10 Certification not to have effect as professional qualification

11 Transitional arrangements for existing providers [Expired]

12 Act binds the Crown

Part 2
Service standards, and certification and audit of providers

Service standards

13 Minister may approve service standards

14 Amendments and revocations

15 Power not to be delegated

16 Status of notices

17 Copies of standards to be available

18 Criteria for approval of standards

19 Criteria for approval of amendments

20 Consultation

21 Contents of standards

22 Commencement of approvals and revocations

23 Minister may grant exemptions

24 Standards to be reviewed regularly

25 Previous consultation sufficient for certain initial standards

Certification of providers

26 Director-General may certify providers

27 Criteria for certification

28 Conditions

29 Expiry of certification

30 Cancellation of certification

31 Providers to give Director-General certain information

Auditing agencies

32 Director-General may designate persons to audit providers

33 Criteria for designating external agencies

34 Criteria for designating employees of Ministry

35 Modification of designation

36 Agency to give Director-General copy of audit report

37 Cancellation of designation

38 Expiry of designation

39 Procedure for cancelling private agency's designation

Part 3
Enforcement

Inspection of places

40 General right to inspect places

41 Right to monitor certain places

42 Powers of authorised persons

43 Requirement to answer questions

44 Search warrants

45 Warrant to be produced

46 Other duties of authorised persons inspecting premises

47 Notice of entry

47A Crimes of Torture Act 1989 not limited

Cessation and closing orders

48 Director-General may issue cessation orders

49 Director-General may issue closing orders

50 Director-General may revoke cessation or closing order

Part 4
Miscellaneous

Appeals

51 Rights of appeal

52 Suspension of cancellation or order

55 Burden of proof in relation to certain matters

56 Defence for certain agents, contractors, employees, and officers

Limitations on licensing and registration

57 Limitations on licensing and registration after 30 September 2002 [Expired]

Amendments, repeals, revocations, and savings

58 Consequential amendments

59 Repeals and revocations

60 Savings

61 Statutory references to psychiatric hospitals

Schedule 1
Form of search warrant

Schedule 2
Enactments amended

Schedule 3
Consequential amendments to regulations

Schedule 4
Consequential repeals

Schedule 5
Enactments revoked

Reprint notes

New Zealand Legislation: Acts

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Health and Disability Services (Safety) Act 2001 No 93 (as at 01 October 2008), Public Act

Health and Disability Services (Safety) Act 2001

Note

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