Relevant Legislation
The Human Rights Review Tribunal is governed by the Privacy Act 1993, the Health and Disability Commissioner Act 1994 and the Human Rights Act 1993.
The Human Rights Review Tribunal has three sources of jurisdiction.
Human Rights Act 1993
The Human Rights Act deals with things like unlawful discrimination, such as discrimination on grounds of race or ethnic origin, gender, sexual orientation, political opinion, employment status or disability.
Health and Disability Commissioner Act 1994
The Health and Disability Commissioner Act 1994 sets out the standards expected of health care providers in areas such as respecting patient privacy, ensuring services comply with relevant legal, ethical or other professional standards, and providing full information.
As long as the Health and Disability Commissioner has investigated the circumstances and believes there has been a breach of the Code, you are entitled to bring proceedings before the Tribunal. This applies even if the Commissioner hasn't referred the matter to the Director, or the Director has declined or failed to take proceedings.
Privacy Act 1993
The Privacy Act governs agencies which collect, hold and use personal information. It does so by way of a set of Privacy Principles. Alleged infringements of the Privacy Principles (or of codes of practice made under the Privacy Act, such as the Health Information Privacy Code) can be brought before the Tribunal for adjudication.
Other relevant legisation
- Human Rights Regulations 1993
- Human Rights Review Tribunal Regulations 2002
- Privacy Regulations 1993
- Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996
