| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 150/06 |
| Hearing date | 16 May 2006 - 17 May 2006 |
| Determination date | 31 October 2006 |
| Member | P R Stapp |
| Representation | B Buckett, A O'Brien ; R Chan |
| Location | Wellington |
| Parties | Corrections Association of New Zealand Inc v The Attorney-General in respect of the Department of Corrections |
| Summary | DISPUTE – COMPLIANCE ORDER – Applicant challenged lawfulness and/or reasonableness of policies promulgated by Department of Corrections – Additions were made to polices surrounding corrections officers issuing prescription and non-prescription medication to inmates – Policies originally developed in consultation with applicant and Medsafe (Ministry of Health) - However, applicant submitted Department of Corrections had not communicated properly with corrections officers and was seeking compliance through disciplinary processes - Applicant alleged policies fundamentally flawed and confusing – Submitted burden of prison health care should not be shouldered by corrections officers in hazardous environment and where they lacked requisite medical training – Applicant also claimed administrative controls breached patient confidentiality – Authority satisfied sufficient consultation occurred and confidentiality was not an issue – No direct evidence relating to alleged unreasonableness of policies - No reasons advanced for compliance order – Evidence suggested policies not clear, gave rise to some confusion and did not reflect practices required – Parties needed to reach some agreement on inadequacies, but this did not render policies illegal or in breach of any requirements |
| Result | Application dismissed ; Question answered in favour of respondent ; Costs reserved |
| Statutes | Corrections Regulations 2005;Medicines Act 1981;State Sector Act 1988 |
| Number of Pages | 6 |
| PDF File Link: | wa 150_06.pdf [pdf 27 KB] |