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Legislations for health providers to observe

Right 5 of the Code of Health and Disability Services Consumers’ Rights gives clients the right to effective communication:

(1)

Every consumer has the right to effective communication in a form, language, and manner that enables the consumer to understand the information provided. Where necessary and reasonably practicable, this includes the right to a competent interpreter.

(2) Every consumer has the right to an environment that enables both consumer and provider to communicate openly, honestly and effectively.

The Code includes clients rights to receive full information and give informed consent. For this reason, where the client has limited ability to understand and speak English, an interpreter may be required.

Section 6 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999-

(1) This section applies to:

(a) A court, tribunal, or person exercising a power under this Act in respect of a person; and

(b) A court or tribunal conducting proceedings under this Act in respect of a person.

(2) The court, tribunal, or person must ensure that the services of an interpreter are provided for the person, if -

(a) One of the following applies:

  • The first or preferred language of the person is a language other than English, including Maori and New Zealand Sign Language; or
  • The person is unable, because of physical disability, to understand English; and
(b) It is practicable to provide the services of an interpreter.

(3) The court, tribunal or person must ensure, as far as reasonably practicable, that the interpreter provided is competent.



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