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Human Rights Review Tribunal Assignment

   

Added on  2020-04-07

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Human rights review tribunalInstitutional Affiliation Name Date
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Table of contentsAssessment 2..............................................................................................................................31. Demonstrate understanding of legal institutions and processes in health care......................32. Analyse the role of civil and criminal law on health care policy and practice......................43. Critique cases or legislation related to consumers’ rights based on scholarly research.........44. Examine the implications of case law and legislation for your current or future health care practice.......................................................................................................................................5Reference List............................................................................................................................7
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Assessment 2LO1. Demonstrate understanding of legal institutions and processes in health careThe main significance of rules and norms is that it ensures the smooth and correct processes of function and operation of the health care sector. The particular sector is a large sphere which involves various departments and units, a large number of health professionals and care workers work in the health care sector(Exter,2008). The chief objective of the health care professionals is to give proper treatment and care service to the health users. The importance of the legal processes and institutions refers to the fact that there are certain rules and regulations which the health providers need to consider and follow. Different countries possess their respective set of norms, ensuring the legal and ethical mode of practices in the healthcare sector (Skegg,et al,2015)Regarding the point, it should be stated that one such statutory entity is the Human Rights Review Tribunal present in the country of New Zealand. The entity is acknowledged as an important body that possess the right and is responsible for dealing with human rights. The agency connected with the justice sector of the country and has gathered considerable amountof reputation in the domestic sphere. The tribunal possesses the ability to give decisions and grant remedies and substantiate cases as per requirement. The entity solves issues related to human rights and possess the mechanism for adjudication. The entity is responsible for handling legal issues which is related with the Privacy Act of 1993, Health and Disability Commissioner Act of 1994 and Human Rights Act of 1993. Considering the case scenario, client A can file a complaint with the health and disability commissioner. It can be understood that the client has filed the complaint against the fact that her husband (client B)
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has formed a social, personal relationship with the psychologist and the client’s claim is valid(Kloss, 2013).The Harmful Digital Communications Act 2015 is one of the essential acts. This act is helpfulto stop bullying and negative communication which occurs on the wired platform. Taking into view the content of the Act, it states it is illegal and unethical to mitigate, deter and prevent harmful digital communications. It allows the individuals to resolve their conflicts and issues which occurs online. Digital communication refers to any type of communication which is conducted digitally (or through electronic devices). The communication can be donewith the help of photograph, sending text, audio message, recording and so on. The Act statesthat an individual need to maintain certain principles while communicating with another individual. Considering the Act, a health professional cannot send threatening, menacing or intimidating content to the client. The sender cannot harass the client on using the personal information of the patient as a valid reason for making any statement. However, in the case scenario, it has been observed that the accused psychologist had sent a personal email to the client A. It can be stated that the psychologist was guilty (Basevi et al. 2014). Another fact which should be mentioned in this regard, instead of communicating directly with the patient,the health provider gave an email to the client A, stating that the latter’s trust issue is the real reason for the breakout of the marriage between the couple. Assessing the information, the health provider should not have taken the action. The Act of Netsafe-HDCA of 1994 suggests that digital content which has the potential to cause distress and emotional breakdown to the victim or the person receiving the content, the sender would be accused of committing crime as per the effect. Considering the point it can be said that the psychologist has committed a digital crime as she gave an email which causedemotional distress to the client A. Making a personal attack to the client A regarding the psychological weakness is not right. Taking the case into account, it should be stated that the
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