NZQA registered unit standard / 26957 version 1
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Title / Describe the Health and Disability Advocacy Service’s complaints resolution process and apply the complaints process
Level / 5 / Credits / 6
Purpose / People credited with this unit standard are able to describe the Health and Disability Advocacy Service’s complaints resolution process, and demonstrate own role in the early resolution of a consumer’s complaint.
Classification / Health, Disability, and Aged Support > Health and Disability Principles inPractice
Available grade / Achieved

Explanatory notes

1Legislation relevant to this unit standard includes:

Accident Compensation Act 2001;

Children, Young Persons, and Their Families Act 1989;

Health and Disability Commissioner Act 1994;

Health Practitioners Competence Assurance Act 2003;

Human Rights Act 1993;

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003;

Mental Health (Compulsory Assessment and Treatment) Act 1992;

New Zealand Bill of Rights Act 1990;

Privacy Act 1993;

Protection of Personal and Property Rights Act 1988.

2Codes and guidelines relevant to this unit standard include:

Advocacy Code of Practice; available at

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

Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (the Code of Rights), available at

Health Information Privacy Code 1994, available at

3New 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;

NZS 8134.3:2008Health and disability services Standards – Health and disability services (infection prevention and control) Standards.

4References

Ministry of Health. (2001). The New Zealand Disability Strategy. Wellington: Author.

Ministry of Health. (2002). He Korowai Oranga – Māori Health Strategy. Wellington: Author.

Ministry of Health. (2002). The Pacific Health and Disability Action Plan. Wellington: Author.

Ministry of Health. (2005). National Mental Health Information Strategy 2005–2010. Wellington: Author.

The above Ministry of Health publications are available at

Nationwide Health and Disability Advocacy Service. (2006). Māori cultural competencies for health and disability advocates. Wellington: Author; available at

Nationwide Health and Disability Advocacy Service. (2010). Cultural competencies for health and disability advocates. Auckland: Author; available at

5This unit standard cannot be assessed against in a simulated environment. It is required that people seeking credit for this unit standard demonstrate competence and are assessed in the workplace: through paid or unpaid employment, or in placements in a service provider workplace negotiated by an education provider.

6Candidates’ practice must show appropriate values, processes, and protocols in relation to working with different cultures in a range of settings and environments, in accordance with the provisions outlined in the two Nationwide Health and Disability Advocacy Service publications referenced in explanatory note 4 above.

7Definitions

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.

A consumer-centred approach focuses on a person’s individuality, relationships, needs, communication, feelings, and abilities.

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

Describe the Health and Disability Advocacy Service’s complaints resolution process.

Evidence requirements

1.1The responsibilities and boundaries of a health and disability advocate are described in relation to the complaints process set out under the Health and Disability Commissioner Act 1994.

Rangeethical boundaries, jurisdictional boundaries, consumer-centred approach, being on the side of the consumer, developing and maintaining professional relationships with providers.

1.2The process for addressing complaints related to Accident Compensation Corporation assessments is described in accordance with the Health and Disability Commissioner Act 1994 and the Health and Disability Advocacy Service’s policies and procedures.

1.3The process for addressing complex complaints is described in accordance with the Health and Disability Commissioner Act 1994 and the Health and Disability Advocacy Service’s policies and procedures.

Rangemultiple providers, multiple issues.

1.4The process for recognising a need for referral is described in accordance with the Health and Disability Commissioner Act 1994and the Health and Disability Advocacy Service’s policies and procedures.

Rangesystems failure, public safety, exploitation.

Outcome 2

Demonstrate own role in the early resolution of a consumer’s complaint.

Evidence requirements

2.1The consumer is assisted to exercise his or her rights in accordance with the Health and Disability Commissioner Act 1994 and the Code of Rights.

2.2The consumer is supported during the complaints process in accordance with the Health and Disability Commissioner Act 1994 and the Advocacy Guidelines.

Rangesupport must include – encouraging consumers to use their own support people, working towards early resolution, empowering consumers to practise self-advocacy;

may include but is not limited to – monitoring consumers’ progress in resolving concerns, encouraging consumers’ action, supporting consumers’ choices, affirming consumers’ decisions and actions where appropriate, informing consumers about where they can find additional support.

2.3The provider’s complaints systems are analysed in terms of achieving optimum outcomes for consumers.

Rangemust include provision of feedback to providers;

may include but is not limited to – education for providers about the Code of Rights, including providers’ complaints processes.

2.4Interaction between the consumer and the provider is facilitated in accordance with the Code of Rights, and in line with a consumer-centred approach.

Rangeaddressing power imbalance, building relationships, keeping the process safe, focusing the discussion on resolution, resolution agreement form.

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

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 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 2018