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

18 Criteria for approval of standards
  • (1) The Minister must not approve standards for providing health or disability services of any kind unless the Minister—

    • (a) has consulted (as required by section 20) on either—

      • (i) whether standards contained in an existing document or documents should be approved as service standards for providing services of that kind; or

      • (ii) what service standards for providing services of that kind should be approved; and

    • (b) has considered the outcome of the consultation; and

    • (c) if the Minister consulted on what service standards for providing services of that kind should be approved,—

      • (i) in the light of the consultation, has created an initial draft of the proposed standards; and

      • (ii) has consulted further (as required by section 20) on whether the initial draft should be approved as service standards for providing services of that kind; and

    • (d) is satisfied that requiring providers of services of that kind to provide them in compliance with the standards approved would be in the public interest, having regard to—

      • (i) the extent to which compliance would be likely to ensure the safe provision of services of that kind to the public; and

      • (ii) the likely costs to providers of compliance.

    (2) The Minister may consult under subsection (1)(a)(ii) by reference to an existing document or documents relating to providing health or disability services.

    (3) Consultation under section 24 in relation to service standards for providing health care services of any kind is compliance with subsection (1)(a)(ii) for the purpose of approving new standards for providing some or all of the health care services of that kind.