Health and Disability Services (Safety) Act 2001

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Version as at 5 April 2023

Health and Disability Services (Safety) Act 2001

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

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Health.

1	Title
	Part 1 Preliminary
2	Commencement
3	Purpose
4	Interpretation
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16	Status of notices [Repealed]
17	Copies of standards to be available [Repealed]
18	Criteria for approval of standards
19	Criteria for approval of amendments
20	Consultation
21	Contents of standards
22	Commencement of service standards
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
	Regulations
53	Regulations
	Offences
54	Offences
55	Burden of proof in relation to certain matters
56	Defence for certain agents, contractors, employees, and officers
	Limitations on licensing and registration [Expired]
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
	Notes

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