Health and Disability Services (Safety) Act 2001

4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

affected consumers, in relation to any service standards or proposed service standards for providing health or disability services of any kind, means people for whom services of that kind are provided

affected providers, in relation to any service standards or proposed service standards for providing health or disability services of any kind, means people providing services of that kind

audit report means a written report, prepared by an auditing agency, on the provision of health care services of a particular kind; and—

(a)

in relation to an auditing agency and a certified provider, means an audit report by the agency on the person’s present and likely future provision of health care services of a kind the person is certified to provide, prepared in the light of—

(i)

the relevant service standards; and

(ii)

any conditions subject to which the person is certified to provide services of that kind; and

(iii)

any requirements the person is required to meet by virtue of an exemption under section 23(1) from an element of those standards; and

(iv)

any conditions subject to which the person is exempted from an element of those standards; and

(b)

in relation to an auditing agency and a person intending to provide but not yet certified to provide health care services of any kind, means an audit report by the agency on the person’s likely future provision of services of that kind, prepared in the light of the relevant service standards

auditing agency means a person for the time being designated under section 32(1)

authorised person

(a)

means a person authorised in writing by the Director-General to enter and inspect places for the purposes of this Act:

(b)

includes the Director-General

certified provider means a person for the time being certified under section 26(1)

cessation order means an order under section 48(1)

closing order means an order under section 49(1)

Director-General means the chief executive of the Ministry

health care services means services that are hospital care, residential disability care, rest home care, or specified health or disability services

health care services of any kind means services that are hospital care of any kind, residential disability care of any kind, rest home care of any kind, or specified health or disability services of any kind

health or disability services has the meaning given to it by section 5(1)

hospital care means services that are children’s health services, geriatric services, maternity services, medical services, mental health services, or surgical services (or services of 2 or more of those kinds) provided—

(a)

in premises held out by the person providing or intending to provide the services as being capable of accommodating 2 or more of the people for whom the services are provided for continuous periods of 24 hours or longer; and

(b)

in consideration of payment (whether made or to be made, and whether by the Crown, the people for whom the services are provided, or any other person)

kind includes description

mental health services includes services provided in relation to drug or alcohol abuse

Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act

place includes vehicle

relevant service standards, in relation to health care services of any kind, means service standards (whether 1 set or 2 or more sets) for providing services of that kind

residential disability care means residential care provided in any premises for 5 or more people with an intellectual, physical, psychiatric, or sensory disability (or a combination of 2 or more such disabilities) to help them function independently

rest home care has the meaning given to it by section 6(2)

service standards means standards for the time being approved under section 13 (as from time to time amended by amendments approved under section 14(1))

specified health or disability services, means services of any kind declared under section 7 to be services to which this Act applies.

(2)

Services may be health or disability services, even if they are or include the provision of goods.