Proposed Variations to the of Practice (2015) Proposed Variations to the Retirement Villages of Practice (2015) Your name: Robyn Scott, CEO, Age Concern New Zealand Your address: P.O. Box 10-688, Wellington 6143 Your phone number: (04) 801 9338 Your email contact: kathryn.maloney@ageconcern.org.nz Do you represent an organisation (please specify which and your role): This submission is from Age Concern New Zealand. 15 1 The operator must provide ongoing training 15 1 The operator must provide ongoing training and Age Concern New Zealand (ACNZ) would like to see more detail around and ongoing supervision to make sure staff ongoing supervision to make sure staff what the training would consist of? Some staff need to have full competence is achieved and maintained. competence is achieved and maintained. For the knowledge of the of Practice and the of Residents Rights. avoidance of doubt, the operator s provision of Some staff will also need a good understanding of potential issues around ongoing training must include complaint facility the of Practice and the village s Occupational Rights Agreement. management best practice, interpersonal communication skills and conflict resolution. However, not all staff will necessarily need the same training. For example, those who have minimal contact with residents may in reality need a different level of training. Therefore, ACNZ recommends that training specific to each role/level is to be developed. ACNZ also recommends that training should be accredited and organised through local tertiary education establishments. 32A Purpose of facility for dealing with complaints (Section 51) Page 1 of 10
Proposed Variations to the of Practice (2015) Proposed Variations to the Retirement Villages of Practice (2015) The purposes of this sub-part of the of Practice are 1 To provide a framework for age appropriate resolution processes that help resolve issues at the earliest possible opportunity and produce positive outcomes for participants; and 1 Please refrain from using the term age appropriate. A 95-year-old may want to use the same resolution process that a 78-year-old has used. Age is not the determining factor in the type of processes, capability is the determining factor. Any framework needs to be adaptable to people of varying capabilities and to support them to resolve the issue(s) regardless 2 To provide a complaints reporting and monitoring regime that facilitates continuous of their age. (The development of an age-appropriate framework may be illegal under the Human Rights Act 1993.) improvement in the retirement villages sector. The right-sized complaints procedures and disputes resolution processes need to be developed to match the varying types of complaints and levels of complexity. A formal step process could be an appropriate way of managing the differing types and complexity of complaints. 2 Who will monitor the complaints reporting regime to ensure that continuous improvement is made? Will this be the Retirement Commissioner? If so, how will this monitoring differ from the current monitoring processes? 32B Definitions Please also refer to the definitions contained in 2 of this and sections 5, 6 and 48 of the Act. Complaint means an expression of dissatisfaction made by a resident under the operator s complaints procedure about matters including, but not limited to, the operator s services, staff or handling of a complaint, or the conduct of another resident. Page 2 of 10
Proposed Variations to the of Practice (2015) Proposed Variations to the Retirement Villages of Practice (2015) Complaints facility means the complaints process each retirement village is required to operate and make known to residents under ss 50-51 of the Act. Dispute means a disagreement between residents, or between one or more residents and an operator, of the kind for which a dispute notice can be given pursuant to sections 52-54 of the Act. Disputes may arise where an operator or resident doesn t accept and act on an expression of dissatisfaction or complaint. Disputes panel means a disputes panel appointed in accordance with section 59 of the Act. Mediation means a process where both parties meet in person to try, with an independent person s help, to resolve disagreements between them. 32 Procedure for making and acknowledging complaints by residents 32C Procedure for receiving and acknowledging expressions of dissatisfaction and complaints by 1 The operator must have a written procedure for dealing with complaints by residents about the retirement village, the operator, or other residents of the retirement village. The operator must give a written copy of the complaints procedure to residents and intending residents on request. Section 51 residents 1 The operator must have a written policy and procedure for dealing with complaints by residents about the retirement village, the operator, or other residents of the retirement village. The operator must give a written copy of the complaints policy and procedure to all new 1 ACNZ agrees that all new residents must be given a written copy of the complaints policy and procedure. ACNZ also recommends that whenever a village s complaints policy and procedure is amended, all residents must receive a copy. Further, ACNZ recommends that a copy of the complaints policy and procedure must be kept on public view somewhere within the Retirement Village complex at all times. residents and intending residents on request. Page 3 of 10
Proposed Variations to the of Practice (2015) Proposed Variations to the Retirement Villages of Practice (2015) 2 All residents who make a complaint to an 2 On receiving a complaint, the first thing the operator should do is provide operator must be provided with a copy of the the resident with a copy of the complaints policy and procedure and to complaints policy and procedure and be inform the resident of their rights in respect of the complaints procedure. informed of the residents rights in respect of the complaints procedure. Section 51 3 Operators must take all reasonably practicable steps to ensure that residents are supported to make complaints and participate in the complaints process. 32 2 The procedure for making, receiving, and 32C 4 The procedure for making, receiving, and 4 Residents who may feel intimidated by the complaints process need to be resolving complaints must enable complaints resolving complaints must enable complaints to given assurances that their complaint will be dealt with in a fair and to be resolved simply, fairly, and quickly. be resolved simply, fairly, and quickly. transparent way and that there will be no negative consequences from making a complaint. 32 3 The complaints procedure must also: 32C 5 The procedure must also: 5 The procedure must also: a. state that residents can ask the operator s contact person (and provide contact details) for information about their rights. of Residents Rights a. state that residents can ask the operator s contact person (and provide contact details) for information about their rights. of Residents Rights a. state who the operator s contact person is (and provide contact details). b. refer to the resident s right to complain to the village s statutory supervisor (and provide contact details) or to the Registrar of Retirement Villages (and provide b. refer to the resident s right to contact the statutory supervisor under 31(3) to make a complaint, or to the Registrar of b. state who the operator s statutory supervisor is (and provide contact details). contact details). of Residents Rights Retirement Villages or Retirement Page 4 of 10
Proposed Variations to the of Practice (2015) Proposed Variations to the Retirement Villages of Practice (2015) c. state that information about residents rights and complaints and disputes procedures is published by the Retirement Commissioner (and provide contact details). of Residents Rights and Section 33 Commissioner c. state that information about residents d. refer to the resident s right to involve a support person or people to represent them (at the resident s cost). Right 6, of Residents Rights rights and complaints and disputes procedures is published by the Retirement Commissioner d. refer to the resident s right to involve a e. state all the varying ways in which a complaint can be made. Clarity is e. state that complaints do not have to be made in writing. All complaints, however made, must be recorded and responded to as if they had been received in writing. support person or people to represent them (at the resident s cost). Right 6, of Residents Rights needed to ensure that both the operator and the resident understand that an official complaint has been made. f. state that complaints may be made to the operator s contact person e. state that complaints do not have to be made in writing. All complaints, however made, must be recorded and responded to g. state what the village s complaints procedures are, including any other help the operator will give to residents. Operators may offer residents a mediation as if they had been received in writing. f. state that complaints may be made to the operator s contact person g. If the offer for mediation is accepted, who will pay the cost of this mediation? service for informal discussions as an alternative to either the complaints or disputes process. h. provide for the complaint to be promptly acknowledged by the operator or contact person in writing, including complaints received other verbally g. state what the village s complaints procedures are, including any other help the operator will give to residents, and state that Operators must offer residents a mediation service for informal discussions as an alternative to either the complaints or disputes process. h. provide for the complaint to be promptly acknowledged by the operator or contact Page 5 of 10
Proposed Variations to the of Practice (2015) Proposed Variations to the Retirement Villages of Practice (2015) i. state that the resident or operator may require that a dispute be resolved by a disputes panel Section 52 person in writing, including complaints received other verbally j state the types of dispute, including breaches of the Act, for which a resident may give a dispute notice. Section 53 i. state that the resident or operator may require that a dispute be resolved by a disputes panel Section 52 k. if a complaint is about the resident s occupation right agreement, state that the j. state the types of dispute, including breaches of the Act, for which a resident proposed action on the complaint will be suspended until the complaint is resolved. There may be occasions when the operator, after consulting the statutory may give a dispute notice. Section 53 k. if a complaint is about the resident s occupation right agreement, state that the k. ACNZ recommends that neither the operator nor the statutory supervisor should be the person to decide whether or not it is in the supervisor, decides that it is in the best interests of the village as a community to continue with the proposed action proposed action on the complaint will be suspended until the complaint is resolved. There may be occasions when the best interests of the village as a community to continue with the proposed action and recommends that this role should fall to the Retirement Commissioner. While technically the statutory supervisor operator, after consulting the statutory is independent, they are nonetheless employed by the Retirement supervisor, decides that it is in the best Village operator and so are not necessarily perceived to be interests of the village as a community to independent by the resident. continue with the proposed action Page 6 of 10
Proposed Variations to the of Practice (2015) Proposed Variations to the Retirement Villages of Practice (2015) 34 Procedures for resolving and deciding complaints 34A Procedures for resolving and deciding complaints Resolving complaints 1 The operator must follow the retirement village s complaints procedure. 2 Operators may offer residents a mediation service for informal discussions as a first step to resolving the complaint. 3 If a complaint is about the resident s occupation right agreement, any proposed action on the subject of the complaint must be suspended until the complaint is resolved. This is unless the operator, after consulting the statutory supervisor, decides that it is in the best interests of the village as a community to continue with the proposed action. 4 If a complaint is resolved by mutual agreement, the resolution must be recorded and then signed by, and copied to, all parties. 1 The operator must follow the retirement village s complaints policy and procedure. 2 The complaints policy and procedure must provide that operators: a. must offer residents a range of alternative complaint resolution options (including mediation) at any stage of the complaint process before its conclusion; and b. must offer a range of appropriate alternative resolution options (including mediation) where parties are unable to reach a resolution through the operator s complaints facility. Parties may engage in one or more alternative resolution processes. 3 If a complaint is about the resident s occupation right agreement, any proposed action on the subject of the complaint must be suspended until the complaint is resolved. This is unless the operator, after consulting the statutory supervisor, decides that it is in the best interests of the village as a community to continue with the proposed action. 4 If a complaint is resolved by mutual agreement, the resolution must be recorded and then signed by, and copied to, all parties. a. Responsibility for who pays the cost of any alternative complaint resolution options need to be clearly established. b. Where is the option for a resident to offer a suitable or appropriate option for complaint resolution that may not have been offered by the operator? Page 7 of 10
Proposed Variations to the of Practice (2015) Proposed Variations to the Retirement Villages of Practice (2015) 34 Deciding complaints where resolution is not possible 5 The operator must have a procedure for deciding complaints where resolution through the retirement village s complaints system is 34B Deciding complaints where resolution is not possible 1 The operator must have a procedure for deciding complaints where resolution through the retirement village s complaints system and alternative resolution processes is not possible. 1 Where is the option for a resident to offer a suitable or appropriate option for complaint resolution that may not have been offered by the operator? not possible. 6 Complaints that are not resolved through the complaints system can be referred to a disputes panel. Resolution of a dispute by a dispute panel is provided for in Part 4 of the Act and associated regulations. The operator is obligated to meet the costs of dispute resolution. Sections 48-75 and the Retirement Villages (Disputes Panel) Regulations 2006 2 Complaints that are not resolved through the complaints system and alternative resolution processes can be referred to a disputes panel. Resolution of a dispute by a dispute panel is provided for in Part 4 of the Act and associated regulations. The operator is obligated to meet the costs of dispute resolution. Sections 48 75 and the Retirement Villages (Disputes Panel) Regulations 2006 2 Could there be another option that may not feel so intimidating to some residents and is less costly? ACNZ recommends a process such as a Disputes Tribunal (similar to Tenancy Tribunals) that would be less costly and possibly less intimidating. 35 Time limits for making and notifying the decision about the complaint 1. The operator or person dealing with a complaint on behalf of the operator must make and notify a decision on the complaint as soon as reasonably practicable. In any event it should be within 20 working days of the complaint being made. 35 Time limits for making and notifying the decision about the complaint 1 The operator or person dealing with a complaint on behalf of the operator must make and notify a decision on the complaint as soon as reasonably practicable. In any event it should be within the later of 20 working days of the complaint being made or when any alternative resolution process has been concluded 36 Form of notification of the decision about the complaint 36A Form of notification of the decision about the complaint 1 The operator or person dealing with a complaint must inform the parties affected by the Page 8 of 10
Proposed Variations to the of Practice (2015) Proposed Variations to the Retirement Villages of Practice (2015) 1. The operator or person dealing with a complaint must inform the parties affected by complaint of the decision in writing. The following details must be included: the complaint of the decision in writing. The following details must be included: a. the reasons for the decision a. the reasons for the decision b. any action the operator intends to take as a result of the decision b. any action the operator intends to take as a result of the decision c. a statement that affected parties are generally bound by any agreement entered c. Either parties should be bound or not bound if generally bound remains in the new, the meaning of this must be defined c. a statement that no party affected is bound by this decision into as part of any alternative resolution process clearly. d. a statement informing the resident of their right to give a dispute notice if: d. a statement informing the resident of their right to give a dispute notice if: i. the resident is not satisfied with the decision i. the resident is not satisfied with the operator s decision ii. 20 working days have elapsed since the complaint was made. Section 52 ii. 20 working days have elapsed since the complaint was made. Sections 52 and 53 36B Operator reporting complaints and monitoring of data To assist with the Commission s performance of its monitoring functions under section 36, operators must report to the Commission annually on such matters relating to the operation of complaints facilities, and in such manner, as the Commission Where in the process does the Retirement Commissioner become involved? Should the Commissioner be informed from the point of a complaint being lodged, or where the offer of an alternative complaint resolution is made, or only when the complaint moves to a full dispute? For monitoring purposes, ACNZ feel all complaints must be recorded centrally in order to monitor the quantity and levels of complaints and how these are resolved. Page 9 of 10
Proposed Variations to the of Practice (2015) Proposed Variations to the Retirement Villages of Practice (2015) may from time to time require and notify in writing. Page 10 of 10