Discuss About The Reducing Disablement Adequate Appropriate?
The present case is based on the procedural activities of the Human Rights Review Tribunal (HRRT). The Human Rights Review Tribunal is a statutory body working in the provinces of New Zealand and protecting the rights of the individuals by determining the rights as a whole. The tribunal can exercise its power over the matters related to Human rights Law and Health and Disability Commissioner Act 1994 (Perkins et al., 2015).
It has been made under section 50 of the Code of the tribunal that Director of Proceedings can make an appeal to the tribunal if there are sufficient grounds regarding the alleged offence. It is also mentioned under section 51 that if the Director of Proceeding denied taking the allegations, the aggrieved party can make an appeal to the tribunal directly (Squires & Anderson, 2015).
The tribunal has certain powers that are wide in nature and it established the application of human rights in the territory of New Zealand. The tribunal determines the human rights matter based on substantial matters and not on technicalities (Larson, 2017). All the determinations made by the tribunal create implications on society. Whenever, an allegation made by the Healthcare and Disability Commissioner under any section of the regulation, it is the duty of the tribunal to take immediate action regarding the same.
In the present case, it has been observed that the aggrieved party is a twenty years old teenager who was suffered from spectrum disorder and certain intellectual disabilities. He needed special care and for the same reason his mother engaged Care Group Ltd to provide home service to support her child (Krahn, Walker & Correa-De-Araujo, 2015). However, it has been mentioned under the Health and Disability Act 1994 that it is the utmost duty of the health care worker to take reasonable care regarding the aggrieved person. If there is any violation occurred regarding the interest of a person, the affected person may get certain opportunities to claim for damage from the offender. However, it has been mentioned under section 51 of the Code of HRRT that a person only can make a claim if the Director of Proceedings denied taking any action. Therefore, a person has to approach before the Director of Proceedings first.
Under the Health and Disabilities Act, the definition and the function of the Directors have been mentioned. According to section 15 of the Act, it has been stated that the main objective of it is to management the activities effectively. they are responsible to the commissioner for all these efficiency, but regarding the powers they are not responsible to the commissioner. Therefore, it can be stated that the directors are enjoying statutory position under the Act. The function of the Director has been engraved under section 49 of the Act that provides the Directors to decide issue regarding disciplinary provisions or process before the tribunal or court (Furrow et al., 2015).
In this case, it has been observed that the Directors of Proceeding had made a claim before the tribunal under section 50 of the Health and Disability Commissioners Act 1994.
The present case attracts certain provisions form the civil and criminal law. It can be stated that the support worker had shown reluctances towards the victim. In both the civil and criminal sections, the defendant had acted negligently and he had violate the rules mentioned under the provisions of the Health and Disability Commissioners Act 1994 (Humphrey & Chiarella, 2015). The present case has been attracts the provisions regarding the Tort Law of New Zealand. Under this Act, any aggrieved person may bring action against the wrongdoer and claim for damages. It is the right of every citizen to get certain benefits to lead life. If there is a breach occurred, the aggrieved person may claim damage under the provision of Tort law.
There are certain other provisions mentioned about the grounds or remedies that the victim may approach regarding any default made b y the health care practitioner due to the course of their practice. It has been stated under the Right 4 (5) of the Code of Health and Disability Services Consumer’s Rights that it is the basic right of a patient to get good quality services. It is a fact that in health sector trust is an essential element. It has been stated under the relevant provision of law that if the medical practitioner has done any negligent acts or any person involved in health care practice, the victim can file case before the consumer forum. Nature of the negligent act in health care practice is medico-negligent.
In the present case, it has been observed that the victim, who lost his life for the negligent act of the caretaker, was twenty years old. It is the sheer irresponsibility of the caretaker who had not only showed his irresponsibility, but violated the norms of the Health and Disability Commissioners Act 1994. It has been stated under section 49 (1) of the Act that a person cannot engage with more than one patient at a time. In this case, it has been observed that the alleged person had looked after two patients at the same time. Therefore, negligence has been observed on behalf of the defendant (Dale & St John, 2016).
The Crimes Act 1961 governs the provision regarding the criminal activity of New Zealand. Certain provisions of the criminal law will also be applicable in this case. It can be stated that the offender in this case had negligently act and that action take the life of the aggrieved person who used to be his patient. It is his duty to take care to his patient and he failed to do it. It has been stated in the case that the person confessed his guilt regarding the violation of the Health and Disability Commissioners Act 1994. The nature of the crime in this case is accidental and therefore, a civil suit will be filed and follow the disciplinary proceedings (Arnold, 2013).
It is to be noted that two things need to be established in this case. The first one is the burden of proof and the second thing is the standard of proof. Burden of proof means to show the guilt of a person. In case of the criminal cases, the prosecution have to establish the fact regarding the commission of offence. Standard of proof means the level of proof that are required for the same. it depicts the level. Under the Human Rights Act 1993, it has been mentioned particularly under section 106 that it is the discretionary power of the tribunal regarding the submission of the evidences. The examination of witnesses, submission of the evidences either documentary or statement could be asked by the tribunal. It has been stated under the Act that certain provisions of the Evidence Act 2006 will be applicable here to verify the statement or the documents.
In New Zealand, there are certain provisions regarding the consumer right enforced. It has been mentioned under the Consumer Guarantee Act of the country that any person who enjoys certain services will be treated as consumer. Consumer service can be given to the businesses or public bodies. It has been mentioned under the Act that professionals are included within the terms of the consumers. In the present case, it has been observed the mother of the deceased had contacted to one health care service and they had appointed certain professionals to help her out. One of such professional had breached his duty by violating the provisions of the Health and Disability Act and the outcome of the breach had taken the life of the victim.
It can be stated here that the mother of the deceased was the consumer in this case and she had suffered by the negligent act by the professional. It has been stated under the Act that it is the right of the consumers to get proper service and the service must be carried out with care and skills. Therefore, it can be stated that in this case, this particular provisions have not been followed up properly. It was the duty of the offender to give reasonable care to the patient and looked after them with special skill. However, it has been observed that the offender had locked the patient up and went to market for shopping. It is the sheer irresponsibility of the offender to follow up his duties properly.
It is also stated under the Health and Disability Commissioner Act 1994 that the professional has to take reasonable steps to the patients and they should not be engaged with more than one patient at a time. The offender has violated this rule mentioned under section 45 (1) of the Act. It has also been observed that the case was for the first time regulated by the Directors of Proceedings. It has been stated under section 49 of the Act that in such disciplinary proceedings actions can be taken by the Director of Proceedings. Certain duties of the tribunals are also mentioned in this case. It has been mentioned under 54 (1) of the Act that if there is sufficient ground to held that the defendant had breached the provisions of the code, the Director can claim before the tribunal under section 50 of the Act. If damage occurred regarding the breach of duty by the defendant and attracts the provision regarding the section 57 of the Act, tribunal has the power to take necessary action against the defendant.
It has been mentioned under the case that the defendant had made negligent act and one of his patient died of that. Therefore, it can be stated that damage has been occurred in this case and the defendant had to face certain punishment as per the will of the tribunal. Under the Code of Health and Disability Commissioner’s Act, it has been mentioned that the tribunal has the power to deliver remedies to the victim as per section 54 of the Act. Certain provisions of the section 50 of the Act will also be applied in such case. The tribunal can award cost against the accused or it can pass an order to cancel the practice certificate of the offender. However, in case of death of the victim, the tribunal may transfer the case toi other courts with higher authority, as the case may deem fit
In a case of the Deputy Health and Disability Commissioner v Mogridge [2008] NZHRRT 50, the acts of Geoffrey Mogridge had made certain observations that can be relevant for the case. He used to provide service under section 2 of the Health and Disabilities Act 1994 and appointed as a counsellor at the home of the complainant. However, he had forgotten the financial responsibility and engaged with the wife of the complainant physically. It had been observed in the case that it is the duty of the defendant to maintain the standard of his profession but he had failed to perform the same (Beasley, 2015). It is also the duty of the health care workers to work for the protection of the public. However, both the grounds are not fulfilled. In this present case, also the defendant had failed to perform his duty on these grounds.
Similar grounds are observed in the case of the Director of Proceedings v Nikau social workers [2010] NZHRRT 26 where the social worker had taken gift from the customer who was suffering from mental illness and he had therefore, breached the duty of the health care service. In that case, the tribunal held her liable and stated that she had to help the patient with monetary assistance. Similar approaches have been made in the case of the case of Radius Residential Care Ltd [2015] NZHRRT 50 where the tribunal had ordered against the defendant and ordered them to give certain penalty to the claimant.
It is to be stated that the occupation chosen here is dental therapist. It denotes a team that take certain preventive actions regarding teeth or oral problems. In New Zealand, therapists are being trained at the University of Otago or University of Auckland. The opportunity get by the bachelor of this course is that they are allowed to register their name as dental therapists and dental hygienists (Tanny et al., 2016). Both the universities provided three years course since 2007 and it is mandatory for all the therapists to be registered with dental council. The scope regarding the occupation is stated under the Health Practitioners Competence Assurance Act 2003. It is the duty of every dental hygienist is to prevent all the oral disease by proper diagnosis and treatment. However, if there is any laxity observed regarding the same and the therapists are unable to continue their professionalism to the patient, they may face penalties for that. It is their duty to take ultimate care of the patient as they are basically child and certain adolescent (Tilvawala et al., 2014). Therefore, special care is required in this case.
Therefore, it can be stated from this perspective that in the provinces of the New Zealand, the customers of the health care services are getting certain benefits if any violation has been made that cause damage to them. The tribunal provides certain benefits to the sufferer by way of punishing the offenders and secure the interest of the offenders. It is the optimum duty of the tribunal to secure justice by penalise the offenders. It is a huge step taken towards the consumers and the relevant provisions of the Health and Disability Commissioner Act facilitate the works of the tribunal in this case. The actions made by the tribunal are also effective for the future services of the health care sector.
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