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The Health and Disability Commissioner Act 1994 (the Act) is the legislation that established the HDC.

The Act:

• required HDC to create the Code of Health and Disability Services Consumers’ Rights (the Code) and review it regularly.
• sets out what the HDC can do, including how complaints about breaches of the Code can be resolved
• sets out the roles of an independent Nationwide Health and Disability Advocacy Service (the Advocacy Service) and an Independent Director of Proceedings.

The Code sets out people’s rights when using health and disability services. Everyone who uses these services has rights and everyone who provides a service must uphold these rights, whether or not these services are paid for.

Read the Act in full

Read the Code

Watch a video about the Code

The Act and Code were created following what came to be known as the ‘unfortunate experiment’. In 1966 an unethical study led by Dr Herbert Green at National Women’s Hospital followed women with significant changes to their cervical cells without treating them properly. This occurred without the women’s knowledge or consent. Twenty years on, many had developed cervical cancer and some had died.

The study was exposed by journalists Sandra Coney and Phillida Bunkle. It sparked a formal inquiry in 1987 and 1988 into the treatment of cervical cancer at National Women’s Hospital. Judge Dame Silvia Cartwright led the ‘Cartwright Inquiry’, which identified significant and sustained failures in doctors’ ethical practices concerning respect, communication, information sharing, and getting informed consent.

Judge Cartwright recommended reforms to protect patients’ rights, including establishing:

• A legislated Code of Patients’ Rights;
• An independent Health Commissioner to consider and help resolve patients’ complaints, and to educate professionals on patients’ rights; and
• Independent patient advocates.

The Act sets out the role of an independent Nationwide Health and Disability Advocacy Service (the Advocacy Service). The Advocacy Service tells people about the Code and helps them to raise and resolve their concerns about a health or disability service directly with providers.

You can find out more about the Advocacy Service here

The Act sets out the role of the Director of Proceedings. The Director of Proceedings deals with the most serious complaints in the Health Practitioners Disciplinary Tribunal and the Human Rights Review Tribunal.