NZQA registered unit standard
26962 version 1
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Title
Analyse the Code of Health and Disability Services Consumers'
Rights in relation to consumers, providers, and advocates
Level
6
Credits
8
Purpose
People credited with this unit standard are able to: analyse the
purpose and scope of the Code of Rights in relation to
consumers, providers, and advocates; analyse the application
of the ten consumer rights in the Code of Rights, and explain
issues in applying the Code of Rights; and explain the impact of
the Code of Rights on consumers and on the practice of a
health and disability advocate.
Classification
Health, Disability, and Aged Support > Health and Disability
Principles in Practice
Available grade
Achieved
Explanatory notes
1
Legislation relevant to this unit standard includes:
Health and Disability Commissioner Act 1994;
Health Practitioners Competence Assurance Act 2003;
Human Rights Act 1993;
New Zealand Bill of Rights Act 1990;
Privacy Act 1993;
Protection of Personal and Property Rights Act 1988.
2
Codes and guidelines relevant to this unit standard include:
Advocacy Code of Practice; available at http://advocacy.hdc.org.nz/resources/codeof-practice;
Advocacy Guidelines for the Nationwide Advocacy Service Pursuant to section 28 (1)
of the Health and Disability Commissioner Act 1994. The New Zealand Gazette, 24
March 2005. Available at http://advocacy.hdc.org.nz/resources/advocacy-guidelines;
Health and Disability Commissioner (Code of Health and Disability Services
Consumers’ Rights) Regulations 1996 (the Code of Rights), available at
http://www.hdc.org.nz;
Health Information Privacy Code 1994, available at http://www.privacy.org.nz.
3
New Zealand Standards relevant to this unit standard include:
NZS 8134.0:2008 Health and disability services Standards – Health and disability
services (general) Standard;
NZS 8134.1:2008 Health and disability services Standards – Health and disability
services (core) Standards;
NZS 8134.2:2008 Health and disability services Standards – Health and disability
services (restraint minimisation and safe practice) Standards;
Community Support Services ITO Limited
SSB Code 101814
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
26962 version 1
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NZS 8134.3:2008 Health and disability services Standards – Health and disability
services (infection prevention and control) Standards.
4
References
Ministry of Health. (2001). The New Zealand Disability Strategy. Wellington: Author;
available at http://www.moh.govt.nz/.
United Nations. (2008). The Convention on the Rights of Persons with Disabilities
and Optional Protocol. Geneva: Author; available at http://www.un.org/disabilities/.
5
Candidates are required to demonstrate higher level comprehension skills that
correspond to the ‘learning demands’ of Level 6 of the NZQA Level Descriptors.
These skills include the ability to ‘analyse’ and ‘critically evaluate’ concepts and
practice. In the context of the Code of Rights, ‘analysis’ refers to the breakdown of
the Code into its constituent sections and elements in order to examine the nature,
significance, applicability and interrelationships of these sections and elements.
6
Definitions
Consumer is defined in the Code of Rights and the Health and Disability
Commissioner Act 1994 in the following ways:
'Consumer means a health consumer or a disability services consumer; and, for the
purposes of rights 5, 6, 7(1), 7(7) to 7(10), and 10, includes a person entitled to give
consent on behalf of that consumer.' – Code of Rights, Regulation 4.
'Disability services consumer means any person with a disability that –
'(a) Reduces that person's ability to function independently; and
'(b) Means that the person is likely to need support for an indefinite period.' – Health
and Disability Commissioner Act 1994, s. 2.
'Health consumer includes any person on or in respect of whom any health care
procedure is carried out.' – Health and Disability Commissioner Act 1994, s. 2.
Consumer-centred services are services that focus on a person’s individuality,
relationships, needs, communication, feelings, and abilities; and which take a holistic
view of the person’s situation as the starting point for determining the type and level
of services to be provided.
Health and disability advocates assist consumers to have their rights recognised and
upheld by health and disability service providers; and encourage them to take action
– including making a complaint – if they have an unresolved concern. Advocates
operate independently of government agencies, the Health and Disability
Commissioner, and the funders of health and disability services.
Providers means disability services providers and health care providers, as defined in
the Health and Disability Commissioner Act 1994, ss. 2 and 3.
Outcomes and evidence requirements
Outcome 1
Analyse the purpose and scope of the Code of Rights in relation to consumers, providers,
and advocates.
Range
evidence is required for all six sections of the Code of Rights.
Community Support Services ITO Limited
SSB Code 101814
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
26962 version 1
Page 3 of 5
Evidence requirements
1.1
The purpose of the Code of Rights is described in terms of the Health and
Disability Commissioner Act 1994, the rights of consumers, and the
corresponding obligations of providers.
1.2
Analysis of the Code of Rights determines the scope of the Code in terms of the
definitions in Regulation 4 of the Code, and the people covered by the Code.
Range
1.3
people covered by the Code – consumers, providers, advocates,
Health and Disability Commissioner.
Analysis of the Code of Rights identifies the factors that determine whether
complaints fall within the jurisdiction of the Code, supported by an explanation
of the meaning of each factor, and an example of each factor in practice.
Range
factors – the complaint is about a health or disability service; the
complaint is about a consumer or consumers; the consumer is
making the complaint; the consumer supports the complaint; if the
consumer does not support the complaint, there is a possible
public safety issue or risk to others; the complaint is about a
matter that relates to the Code;
consumer may include – a consumer, a consumer's legal
representative, a consumer's representative through an enduring
power of attorney.
Outcome 2
Analyse the application of the ten rights of consumers in the Code of Rights, and explain
issues in applying the Code of Rights.
Evidence requirements
2.1
The ten rights in the Code of Rights are analysed in terms of the ways in which
each of the rights strengthens the position of consumers, influences the
development of consumer-centred services, and improves service quality.
Community Support Services ITO Limited
SSB Code 101814
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
2.2
The Code of Rights is analysed in terms of the ways in which services should
be provided for consumers and issues that could arise in applying the Code.
Range
2.3
26962 version 1
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issues in applying the Code of Rights include – Te Tiriti o
Waitangi; fair treatment; discrimination as it relates to the Human
Rights Act 1993, Part 2; relationship to Health Practitioners
Competence Assurance Act 2003; cooperation among providers
and continuity of service to consumers; effective communication,
conducive environment, interpreters; fully informed, open
disclosure; written consent, advance directives,
permanent/temporary legal competency, consumer representation
through an enduring power of attorney, consent related to body
parts/tissue, consent to screening and other public health
population programmes; support; teaching protocols and how
these protocols are expressed to consumers; New Zealand ethical
review process; complaints taken seriously and linked to quality
improvement.
The complaints process is explained in terms of the requirements of the Code of
Rights and issues that could arise in applying Right 10 of the Code.
Range
issues in applying the Code of Rights may include but are not
limited to – Te Tiriti o Waitangi; fair treatment; discrimination as it
relates to the Human Rights Act 1993, Part 2; relationship to
Health Practitioners Competence Assurance Act 2003;
cooperation among providers and continuity of service to
consumers; effective communication, conducive environment,
interpreters; fully informed, open disclosure; written consent,
advance directives, permanent/temporary legal competency,
consumer representation through an enduring power of attorney,
consent related to body parts/tissue, consent to screening and
other public health population programmes; support; teaching
protocols and how these protocols are expressed to consumers;
New Zealand ethical review process; complaints taken seriously
and linked to quality improvement;
evidence is required of a minimum of four issues.
Outcome 3
Explain the impact of the Code of Rights on consumers and on the practice of a health and
disability advocate.
Evidence requirements
3.1
The Code of Rights is explained in terms of its impact on the role, function, and
practice of a health and disability advocate.
3.2
The Code of Rights and advocacy practice related to the Code of Rights are
explained in terms of their potential to support and empower disadvantaged
and/or vulnerable consumers.
Community Support Services ITO Limited
SSB Code 101814
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
3.3
26962 version 1
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Advocacy practice related to the Code of Rights is explained in terms of its
capability to improve consumers’ awareness of their rights and their role in selfadvocacy.
Planned review date
31 December 2016
Status information and last date for assessment for superseded versions
Process
Version Date
Last Date for Assessment
Registration
1
19 November 2010
N/A
Accreditation and Moderation Action Plan (AMAP) reference
0024
This AMAP can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Please note
Providers must be granted consent to assess against standards (accredited) by NZQA, or
an inter-institutional body with delegated authority for quality assurance, before they can
report credits from assessment against unit standards or deliver courses of study leading
to that assessment.
Industry Training Organisations must be granted consent to assess against standards by
NZQA before they can register credits from assessment against unit standards.
Providers and Industry Training Organisations, which have been granted consent and
which are assessing against unit standards must engage with the moderation system that
applies to those standards.
Consent requirements and an outline of the moderation system that applies to this
standard are outlined in the Accreditation and Moderation Action Plan (AMAP). The
AMAP also includes useful information about special requirements for organisations
wishing to develop education and training programmes, such as minimum qualifications for
tutors and assessors, and special resource requirements.
Comments on this unit standard
Please contact the Community Support Services ITO Limited
enquiries@careerforce.org.nz if you wish to suggest changes to the content of this unit
standard.
Community Support Services ITO Limited
SSB Code 101814
 New Zealand Qualifications Authority 2016