Health and Disability Commissioner Act 1994

Code of Health and Disability Services Consumers’ Rights

22: Notification of intention to forward draft Code to Minister

You could also call this:

"Telling the public about a new draft Code of Health and Disability Services Consumers' Rights before sending it to the Minister"

Illustration for Health and Disability Commissioner Act 1994

The Commissioner wants to send a draft Code of Health and Disability Services Consumers' Rights to the Minister. You need to know that the Commissioner must tell the public first. The Commissioner will give public notice that they plan to send the draft Code to the Minister. This notice will say how you can get a copy of the proposed draft Code and how you can make submissions on it.

The Commissioner must also make sure that people who might be interested in the draft Code know about it. They must give these people a chance to think about the draft Code and make submissions on it. The Commissioner will consider any submissions they receive. You can find more information about this process in section 19(1) and section 23.

If the Commissioner does not follow these steps, it will not affect the validity of the Code of Health and Disability Services Consumers' Rights. The Commissioner can also use other ways to tell the public about the draft Code and to consult with interested parties. The Code is prescribed by regulations made under section 74(1).

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"Talking to People About the Health and Disability Code"

Part 2Code of Health and Disability Services Consumers’ Rights

22Notification of intention to forward draft Code to Minister

  1. The Commissioner shall not forward a draft Code of Health and Disability Services Consumers’ Rights to the Minister in accordance with section 19(1) unless—

  2. the Commissioner has given public notice of the Commissioner’s intention to forward a draft Code to the Minister, which notice shall contain a statement that—
    1. the details of the proposed draft Code, including a copy of the proposed draft Code, may be obtained from the Commissioner; and
      1. submissions on the proposed draft Code may be made in writing to the Commissioner within such period as is specified in the notice; and
      2. without limiting section 23, the Commissioner has done everything reasonably possible on his or her part to advise all persons whom the Commissioner considers may have an interest in the proposed draft Code, or representatives of those persons, of the terms of the proposed draft Code, has given such persons or their representatives a reasonable opportunity to consider the proposed draft Code and to make submissions on it to the Commissioner, and has considered any such submissions.
        1. Nothing in subsection (1) prevents the Commissioner from adopting any additional means of publicising the proposal to forward a draft Code to the Minister, or of consulting with interested parties in relation to such a draft Code.

        2. Failure to comply with all or any of the requirements of subsection (1) shall in no way affect the validity of any Code of Health and Disability Services Consumers’ Rights prescribed by regulations made under section 74(1).