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What does "possible legal outcomes" mean?

Health Law Only About New Zealand

LO1, LO2, LO3, LO4, LO5

LO1: A: Understanding of relevant legal institutions and processes are presented in depth.

LO2: A: Excellent and thorough analysis of role of civil and criminal law on health care and practice is demonstrated

LO3: A: Excellent, robust, independent critique of cases or legislation relating to consumers’ rights based on scholarly research is demonstrated

LO4: Excellent, In-depth, robust examination of the implications of case law and legislation for current or future health care practice based on excellent integration of relevant research is demonstrated

LO5: A: All instructions followed Well-structured and coherent Accurate use of language (including grammar and spelling). Comprehensive understanding of specialist terms evident.


Learning Outcome 1 :

What does "possible legal outcomes" mean? 

A: This should be up to and including HRRT outcomes. Look at remedies in the Privacy Act. 

Learning Outcome 2:

The discussion about burdens and standards seems to be repeated from assessment 1. Is this correct, and is there going to be an issue with similarity? 

A: Yes, this is repetitive because we are tying to embed this understanding. You should only copy from your previous assessment if you got this correct. Remember it should be brief and clear. We don't need extended explanations. We can see where the similarity comes from, so that is not an issue. 

Should I discuss the criminal implications for the husband? 

A: No. This is about the GP under the Privacy Act. 

Can I consider crimes from other Acts. e.g. the Crimes Act?

A: No. The instructions are to focus on the Privacy Act. 

Learning Outcome 3:

Do I need to cover the case in-depth?

A: No, the markers have read the article and the cases. Do not spend a lot of your word count replicating the facts of the case. The facts are most relevant when linking to your critique. 

Learning Outcome 4:

Can I write this LO in the first person? 

A: Yes, this LO is about your future practice, so first person is fine. (MY FUTURE PRACTICE IS A HEALTH PROMOTOR

Do I need to write about registration? – ITS UNREGISTRED

A: No, you simply need to state whether or not your profession is registered under the HPCAA. Make sure you double-check this.

Can I make up a scenario for the discriminatory conduct? 

A: Yes, and try to link it to what you might see in your future practice. Please do not devote more that 50 words to this portion. 

Can I discuss HPCAA outcomes?

A: No, focus on the Human Rights Commission and the Human Rights Act. Do not discuss HPCAA, CHDSCR or the HDC. 

Learning Outcome 5:

If I passed a LO in assessment 1, can I leave the same LO blank in this assessment?

A: No. You need to make a genuine attempt to pass this assessment. This means meeting the requirements of LO5, and the word count requirement in particular. See the marking rubric, "NB: blank responses to learning outcomes or very minimal responses well below the required word limit may result in failure to meet this learning outcome. This learning outcome MUST be passed in assessment 2 to pass the paper."

How many references should we provide?

A: We would not expect to specify a set 'number' of references. Obviously the more research you undertake, and the way in which you use that research to enhance your work, the richer your work will be.

Is it OK to use different word counts for each L/O as long as the total is 2000?

A: No. The requirement is 500 words per L/O (+ or - 10%)

What is an acceptable level of similarity for this assessment? 

  1. There is no "acceptable level". There will be an element of similarity within the reference list, and title of legislation/institution. This is acceptable, and the markers can see this. Otherwise, the assessment is an individual piece of work, in your own words. It is not group work. Do refer also to the academic integrity declaration that you make when submitting the assessment. 

How do we cite Acts?

A: For example: 

Health and Disability Commissioner Act 1994

Remember also that the year is included in the title of the Act: Health and Disability Commissioner Act 1994. And the titles of Acts are capitalised, as are the institutions: Health and Disability Commissioner or Human Rights Review Tribunal. 

Another recommendation, if you plan to repeat the title of an Act or an organisation throughout the assessment, you can use the full title once - the first time - then put the abbreviation into brackets following the title, e.g. Health and Disability Commissioner Act 1994 (HDCA). Then you are able to use the abbreviation e.g. HDCA each subsequent time you refer to the Act. This also applies to the Code of Rights and institutions e.g. HRRT for Human Rights Review Tribunal. 

Re referencing: follow the APA guidance that the library provides:

How do we cite sections or subsections of an Act?

A: For example:

Sections = s 42

Subsections = s 43(1)(c)(ii)

How do we cite rules under the Health Information Privacy Code? And sub-rules? 

A: For example:

Rules = rule 4

Sub-rules= rule 4(1)(a)

How do we cite cases from tribunals or courts?

  1. In text cite should be the name of the case, e.g Fisher v Auckland District Health Board. 

Reference cite will be the full citation for the case e.g. Fisher v Auckland District Health Board [1999] 2 NZLR 254

How do we cite HDC opinions including HDC 'case notes'? 

  1. In text cite should be opinion number e.g. 20HDC00985.

Reference cite will be the source, Health and Disability Commissioner, and opinion number. No link required. 

How do we cite Privacy Commissioner Case Notes?

A: Reference list: Case Note 123456 [2017] NZPrivCmr 3

In-text:  (123456, NZPrivCmr)

Are we able to use the readings provided as references within our assignment?

A: Yes

Are we allowed to use references older than 10 years old if the law they are discussing is still relevant?

A: Yes, just make sure of that relevance point. 

How do I set out my assessment? Do I include the questions in the headings? 

  1. You should just have your LO numbers as headings, e.g. 'LO1'. Any extra content, such as the question or instructions will not be included in the word count

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