The HDC Code of Health and Disability Services Consumers' Rights Regulation 1996
3. Provider Compliance
A provider is not in breach of this Code if the provider has taken reasonable actions in the circumstances to give effect to the rights, and comply with the duties, in this Code.
The onus is on the provider to prove it took reasonable actions.
For the purposes of this clause, "the circumstances" means all the relevant circumstances, including the consumer's clinical circumstances and the provider's resource constraints.
In this Code,
"Advance directive" means a written or oral directive-
(a) By which a consumer makes a choice about a possible future health care procedure; and
(b) That is intended to be effective only when he or she is not competent:
"Choice" means a decision-
(a) To receive services:
(b) To refuse services:
(c) To withdraw consent to services:
"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:
"Discrimination" means discrimination that is unlawful by virtue of Part II of the Human Rights At 1993:
"Duties" includes duties and obligations corresponding to the rights in this Code
"Ethics committee" means an ethics committee –
(a) established by, or appointed under, an enactment; or
(b) approved by the Director-General of Health:
"Exploitation" includes any abuse of a position of trust, breach of a fiduciary duty, or exercise of undue influence:
"Optimise the quality of life" means to take a holistic view of the needs of the consumer in order to achieve the best possible outcome in the circumstances:
"Privacy" means all matters of privacy in respect of the consumer, other than matters of privacy that may be the subject of a complaint under Part VII or Part VIII of the Privacy Act 1993 or matters to which Part X of that Act relates:
"Provider" means a health care provider or disability services provider:
"Research" means health research or disability research:
"Rights" includes rights corresponding to the duties in this Code:
"Services" means health services, or disability services, or both; and includes health care procedures:
"Teaching" includes training of providers.
5. Other Enactments
Nothing in this Code shall require a provider to act in breach of any duty or obligation imposed by any enactment or prevents a provider doing an act authorised by any enactment.
6. Other Rights
An existing right is not overridden or restricted simply because the right is not included in this Code or is included only in part.