Tēnā koe x,
Seeking your expertise to guide the review of the HDC Act and Code
As you may be aware, the Commissioner is currently undertaking a review of the Health and Disability
Commissioner Act (the Act) and the Code of Health and Disability Services Consumers’ Rights (the
Code).
One of the Commissioner’s priorities for this review is to support more timely, people centred
resolution of complaints. When the Act and Code were first established, the intent was that most
complaints would be resolved directly between providers and consumers, with HDC intended to be an
impartial recourse when complaints were not able to be resolved at source, or where the issues raised
were particularly serious. Underscoring this, was the recognition that early resolution generally
provides the best outcomes, including restoring relationships between the people receiving and those
providing care and/or support.
To support this intent, the Act and Code provide principles for complaints resolution and establish
multiple pathways for the resolution of complaints, including:
Providing people with the right to complain and setting expectations on providers for the
management of complaints to support resolution at source (Right 10).
The establishment of a national network of advocates to support people to make and resolve
complaints directly with their provider
The establishment of HDC and the processes it must follow to facilitate the resolution of
complaints, including different options for resolution.
In the scoping phase of the review, a number of issues were identified in relation to how well the
current system was working. These include:
A lack of clarity for providers around complaint management, and particularly the timeframes
to respond to complaints
The need for more protection for complainants when raising issues with their providers,
particularly when they are reliant on their care
The time it takes for HDC to assess and resolve complaints is having a detrimental impact on
consumers and providers, and decreasing the currency of HDC’s interventions and
recommendations
Concern that the current HDC process is too paper-based and does not address the human
elements of a complaint and the relationships between consumers and providers.
and/or the Privacy Act 2020
You are invited to participate in an online workshop to explore what a more timely, people-centred
complaints pathway could look like, and legislative options to support this. I am approaching you
because you are a key stakeholder in this work and bring an important perspective to the table.
Information released under the Official Information Act 1982
Please note the following:
The (three-hour) online workshop is scheduled for
Tuesday 21st November from
1pm – 4pm.
You are welcome to nominate someone from your organisation or group to attend in your
place.
Attendees who are not part of the public sector are entitled to a standard payment of $300
(including GST). This reflects an hourly rate of $50 (including GST) – 3 hours attendance and 3
hours preparation (including consultation with others if required).
We will also cover the cost of any assistance required to participate for people with
disabilities.
If you are interested in being involved, please contact Jane Carr-Smith, at your earliest convenience.
She can be reached at [email address] or on 04 471 9270.
Ngā manaakitanga,
and/or the Privacy Act 2020
Information released under the Official Information Act 1982