NZConsent, privacy and disclosure

Open Disclosure After Harm: Honest Communication When Care Goes Wrong

Code of Rights, HDC guidance, the HQSC adverse events policy and ACC treatment injury in practice

  • 3CPD hours
  • 20final questions
  • 80%pass mark
  • PDFcertificate

What you will learn

  • Explain the legal and professional basis for open disclosure in New Zealand, including Rights 1, 4, 5, 6, 8 and 10 of the Code of Rights and clause 3.
  • Apply the HDC Guidance on open disclosure policies (2019) to the content, timing and leadership of disclosure.
  • Identify the open disclosure expectations in your own responsible authority's standards.
  • Describe the HQSC national adverse events policy 2023, including its eight principles, SAC ratings, Always Report and Review events and reporting timeframes.
  • Involve consumers and whānau in learning reviews and recognise when restorative responses, including hohou te rongo, may help.
  • Explain ACC treatment injury cover and support a consumer to lodge a claim without implying fault.
  • Give a sincere apology that meets HDC expectations, describing the legal position of apologies in New Zealand accurately.
  • Plan and conduct a culturally safe disclosure conversation, adapting for language, disability, age, capacity and death.
  • Document disclosure accurately and identify sources of support for practitioners after harm.
  • Reflect on your own practice and plan remediation that demonstrates insight if a concern arises.

About this course

This course teaches New Zealand health practitioners how to communicate openly and honestly with consumers and whānau when something goes wrong in care. It covers the legal and professional basis for open disclosure, including Rights 4, 5 and 6 of the Code of Health and Disability Services Consumers' Rights, the Health and Disability Commissioner's Guidance on open disclosure policies, and the Health Quality & Safety Commission's national adverse events policy, Healing, learning and improving from harm (2023).

It is written for registered health practitioners under the Health Practitioners Competence Assurance Act 2003: doctors, nurses, midwives, oral health practitioners, pharmacists and allied professionals. Through New Zealand case examples across hospital, primary, community and aged care settings, you will practise preparing for and leading disclosure conversations, apologising well, supporting ACC treatment injury claims, involving whānau in learning reviews and documenting what was said.

New Zealand has no statutory duty of candour and no general apology law, yet failure to disclose is consistently criticised by HDC and can become a professional conduct matter. ACC's no-fault scheme removes much of the litigation fear seen elsewhere, so the real risks lie in silence and delay. This course helps you get it right for consumers, whānau, your colleagues and yourself, with attention to Te Tiriti o Waitangi, cultural safety and equity.

Course facts

CPD value
Approximately 3 CPD hours (estimated learning time including knowledge checks, reflection and assessment)
Audience
Registered health practitioners in New Zealand under the HPCA Act 2003: doctors, nurses, midwives, oral health practitioners, pharmacists, physiotherapists, paramedics, psychologists and other allied professionals
Standards covered
Code of Health and Disability Services Consumers' Rights (Rights 1, 4, 5, 6, 8, 10; clause 3); HDC Guidance on open disclosure policies (2019); HQSC Healing, learning and improving from harm: National adverse events policy 2023; Accident Compensation Act 2001 (treatment injury); HPCA Act 2003; MCNZ Disclosure of harm (2024); Nursing Council Code of Conduct; Pharmacy Council Code of Ethics 2018; Dental Council Standards Framework; Midwifery Council Code of Conduct
Format
Self-paced, gated lessons with knowledge checks, case studies and reflection
Assessment
20 scenario-based questions, 80% to pass (16 of 20)
Outcome
Certificate of completion and a written reflection for your CPD record
Alignment
Mapped to the open disclosure and honesty expectations of the Medical Council, Nursing Council, Midwifery Council, Dental Council, Pharmacy Council and other responsible authorities under the HPCA Act 2003, and to HDC and HQSC national guidance

Syllabus

10 sections, 3 CPD hours, 20-question final assessment

  1. 1Open disclosure in Aotearoa New Zealand3 lessons
    • What open disclosure means
    • Why open disclosure matters
    • Ethical foundations and Te Tiriti o Waitangi
  2. 2The legal and professional framework4 lessons
    • The Code of Rights and open disclosure
    • The HDC Guidance on open disclosure policies
    • What each responsible authority expects
    • When failure to disclose becomes a regulatory matter
  3. 3The national adverse events system4 lessons
    • The HQSC national adverse events policy 2023
    • Reporting and learning reviews
    • Engaging consumers and whānau in reviews
    • Restorative practice and hohou te rongo
  4. 4ACC treatment injury, apology and other obligations4 lessons
    • ACC treatment injury and open disclosure
    • What ACC does and does not change
    • Apology in New Zealand
    • Other notifications after an adverse event
  5. 5The disclosure conversation in practice4 lessons
    • Preparing for disclosure
    • Conducting the conversation
    • Disclosure as an ongoing process
    • Disclosure in particular circumstances
  6. 6Culture, equity and whānau3 lessons
    • Culturally safe disclosure with Māori consumers and whānau
    • Pacific, migrant and disability perspectives
    • Equity and harm
  7. 7Documentation, support and learning3 lessons
    • Documenting open disclosure
    • Supporting practitioners after harm
    • Insight, reflection and remediation
  8. 8Conclusion and key points1 lesson
    • Conclusion and key points
  9. 9References and further reading1 lesson
    • References and further reading
  10. 10Your reflective account1 lesson
    • Your reflective account

Who this course is for

Registered health practitioners in New Zealand under the HPCA Act 2003: doctors, nurses, midwives, oral health practitioners, pharmacists, physiotherapists, paramedics, psychologists and other allied professionals.

Your certificate

Continuing professional development record for your portfolio.

  • Your name, the course title and the CPD hours
  • Completion date and a unique certificate ID that can be verified
  • Downloads as a PDF; save it to your portfolio

Questions about this course

Does New Zealand have a statutory duty of candour?

No. Unlike the UK, New Zealand law contains no statutory candour duty. Here the obligation flows from Right 6 of the Code of Rights, the consumer's right to be fully informed, supported by HDC's Guidance on open disclosure policies (2019), Health Quality & Safety Commission policy on adverse events (2023) and standards such as the Medical Council statement on disclosure of harm (2024).

How soon should open disclosure happen after harm?

HDC's guidance says open disclosure should usually happen within 24 hours of the event or of recognising the harm, once the consumer is stable. It should acknowledge what happened, explain what is known about how and why, describe steps to prevent recurrence, include a sincere apology and give advocacy and complaints information. The course shows how to plan this conversation.

Is an apology an admission of liability in New Zealand?

We found no New Zealand apology-protection statute, so the course does not claim one exists. Instead it explains what HDC expects of a sincere apology, how to separate expressing regret from speculating about fault, and how ACC treatment injury cover affects the conversation. Speak to your indemnity provider if you are worried about a specific case.

Does the course cover whānau involvement after an adverse event?

Yes. A full section covers culture, equity and whānau, including how to adapt disclosure for language, disability, age and capacity, and how to involve consumers and whānau in learning reviews under the HQSC policy. It also introduces restorative responses, including hohou te rongopai, where they fit.

Who should take the open disclosure course?

Any registered practitioner who may need to talk with a consumer after harm, from nurses and pharmacists to doctors, midwives and allied health staff. It gives 3 CPD hours for NZ$139, with a 20-question assessment at 80%, a Fitness To Practice certificate and a structured reflective account. It is independent and not HQSC or HDC endorsed.

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