31 March 2016
Fale Lesa
WITHHELD 9(2)a
Auckland 2103
Dear Fale
Appointment as a member of the Child & Youth Mortality Review Committee
Thank you for being available for appointment as a member of the Child & Youth Mortality
Review Committee (CYMRC).
I am pleased to formally acknowledge your appointment as a member of CYMRC for a three
year term of office from 1 March 2016 and ending on 1 March 2019. This appointment is made
under the provisions set out in s59E of the New Zealand Public Health and Disability Act 2000
and the Commission’s MRC appointment guidelines. There is no guarantee of appointment for
a further term.
The terms of reference of your committee are attached. Your remuneration entitlement and the
Commission’s expectations for your role are also set out in the terms and conditions attached to
this letter. Further information is available on the Commission’s website at
www.hqsc.govt.nz/cymrc.
Please accept your appointment by signing the attached form and returning it to Dez
McCormack at the address above or via email at
[email address]. The enclosed
request form for a routine criminal conviction history check should also be completed and
returned to the same address. If you require any further information about the role, please
contact Shel ey Hanifan on (04) 901-6061 or
shel [email address].
Thank you again for your wil ingness to serve on the committee. I have every confidence that
you wil make a valuable contribution to CYMRC.
Yours sincerely
Prof Alan Merry ONZM FRSNZ
Chair
MEMORANDUM
To:
Dez McCormack
Committees Coordinator, Health Quality & Safety Commission
PO Box 25-496
Wellington 6146
Subject:
Appointment to the Child & Youth Mortality Review Committee
From:
Fale Lesa
1.
I confirm that I have received a copy of the terms of reference for the Child & Youth
Mortality Review Committee.
2.
I acknowledge my appointment to the Committee under section 59E of the New
Zealand Public Health and Disability Act 2000 for a three year term of office from
1
March 2016 to
1 March 2019.
3.
I understand the terms and conditions of my appointment.
Interest declaration
4.
Please state any financial, professional or personal conflicts of interest you may have
as a member of the Child & Youth Mortality Review Committee (attach separate page
if necessary)
__________________________________________
Name
_______________
__________________________
Signed
Date
APPENDIX:
TERMS & CONDITIONS OF APPOINTMENT, AND ADDITIONAL INFORMATION
The Commission looks forward to working with you to reduce mortality and morbidity in New
Zealand. The terms and conditions set out below wil guide your work for the mortality review
committee. It is important that you read this information carefully, and retain it for future
reference.
The Commission’s priorities for reducing mortality and morbidity
Mortality review committees are established under s59E of the New Zealand Public Health and
Disability Act 2000 to review and report to the Commission on specified classes of deaths of
persons, or deaths of persons of specified classes, to reduce the numbers of deaths of those
classes or persons, and to continuous quality improvement by promoting ongoing quality
assurance programmes. Mortality review committees appointed by the Commission must
develop strategic plans and methodologies designed to reduce mortality and morbidity in the
area the committee is focused on.
Mortality review is one of the most valued aspects of the Commission’s work. The Board
actively promotes the important work produced by MRCs, and seeks to bring it to the attention
of a wider audience. The reports produced by MRCs are usual y published on the Commission
website and promoted to Ministers and the health and disability sector. Your positive
contribution to this work is therefore of great importance to the Commission.
‘No surprises’ policy
MRCs are independent advisors to the Board, and the Board respects this independence and
the benefits it brings. However, the Commission is held accountable for effective and prudent
use of public funds and appropriate outcomes from that spending. In light of this, and in the
interest of open and effective communication, the Commission expects MRCs to operate under
a ‘no surprises’ policy under which the Commission is kept informed of developments and
decisions that may be considered contentious, may attract wider public interest, or may require
the attention of Ministers.
Statutory basis for appointment
The Commission is making your appointment under s59E of the New Zealand Public Health and
Disability Act 2000 (the Act). The Commission is a Crown entity that is required to give effect to
Government policy when directed to do so by its Responsible Minister. Reappointment at the
completion of your current term is not automatic, nor should it be expected. Reappointments
are only made after a careful consideration of performance and the particular skil s and
experience needed by the MRC.
You may resign at any time with written notice to the Board, which should be delivered to the
Manager, Mortality Review in the first instance. Your resignation wil be effective on receipt of
the notice, or at any later specified time. Your services can be terminated during the period of
your appointment, under terms identical to those for DHB Board members set out in clause 9,
Schedule 3 of the Act. You are not entitled to any compensation or other payment or benefit
relating to ceasing, for any reason, your MRC role.
Duties & obligations of the appointment
You must remain fully familiar with the duties and obligation of your position at all times. At
present, these duties include requirements to:
• Comply with the Act
• Act with honesty and integrity
• Act in good faith and not at the expense of the MRC’s interests
• Act with reasonable skil , diligence and care
• Not disclose information gained in your capacity as a member (see also ‘Conflicts of
interest’ below).
Expectations of members
The Commission expects all MRC members and chairs to:
• Participate actively in MRC meetings and relevant events
• Communicate and engage with other MRC members constructively
• Support the MRC’s work
• Prepare in advance for meetings and other duties
• Demonstrate their commitment by attending all meetings (where relevant)
• Be informed about the MRC and its strategic environment
• Commit to representing the interests of the MRC as a whole
• Be committed to the MRC’s continual improvement by participating in self-assessment
processes
• Undertake professional development and education.
What to expect from the MRC secretariat
The MRC secretariat arranges MRC meetings and manages the process of publishing MRC
reports. It must also make informed decisions about resource allocations across the National
Mortality Review Programme, in an environment in which funding is limited and may not meet
the aspirations of members. The secretariat is available to advise on proper process for MRC
activities and how MRCs can operate in accordance with their terms of reference and the values
of the Commission.
Conflicts of interest and the duty not to disclose information
The requirement to declare potential or actual conflicts of interest is set out clearly in clause 36
of Schedule 3 of the Act. While these provisions apply specifically to DHB Board members, the
Commission expects MRC members to follow the same standards. MRC members who have
an interest in a transaction of the committee must, as soon as practicable after the relevant
facts have come to the members’ knowledge, disclose the nature of the interest to the
committee and the MRC secretariat. For the avoidance of doubt, this applies to all MRC
members including chairs.
Simply declaring a conflict of interest in itself does not amount to the effective and appropriate
management of that conflict. You should assist in ensuring that conflicts can be managed
transparently, effectively, and promptly.
Under clause 4(1) of Schedule 5 of the Act, ‘a member or executive officer or agent of a
mortality review committee must not produce or disclose information to another person or in any
judicial proceeding, or make any record of it, unless the production, disclosure, or record, is (a)
for the purposes of carrying out the committee’s functions; or (b) in accordance with an
exception stated in clause 5; or (c) in accordance with a ministerial authority’.
Section 59E(5) and (6) of the Act specifies that ‘every person who fails, without reasonable
excuse, to comply with a requirement imposed under Schedule 5 by the chairperson of a
mortality review committee commits an offence and is liable to a fine not exceeding $10,000.
Every person who discloses information contrary to Schedule 5 commits an offence and is liable
on summary conviction to a fine not exceeding $10,000’.
Remuneration and time commitment
The committee currently schedules four face-to-face meetings per year, one of which is aligned
with the Annual Conference in June. Occasionally, teleconferences or video conferences are
also scheduled for up to two hours in duration. Please advise the secretariat of your availability
and travel preferences early so that travel costs can be minimised.
Remuneration is paid at the rate of $320.00 per day plus a half day’s preparation for reading
($480.00 in total). Teleconference/video conferences are paid at $40.00 per hour with
preparation time paid at 50% of the meeting time.
Prof Alan Merry ONZM FRSNZ
Chair
link to page 6
Child and Youth Mortality Review Committee Terms of Reference (April 2015)
1. The Child and Youth Mortality Review Committee (the Committee) is a Mortality Review
Committee, appointed under section 59E of the New Zealand Public Health and Disability
Act 2000 (the Act) by the Health Quality and Safety Commission (HQSC).
2. A Mortality Review Committee is a ‘statutory advi
sor1’ to the Commission. The role of such a
committee is to independently perform its functions, within the scope set by the Commission. These
terms of reference constitute notice under Section 59E (1) of the Act.
Function
3. The functions of Mortality Review Committees are set out in section 59E (1) (a) and (b) of
the Act.
4. The Committee is required to work within their agreed work plans and budgets to:
a. review and report to the HQSC on deaths that are within the Committee’s scope, with
a view to reducing deaths and to supporting continuous quality improvement through
the promotion of on-going quality assurance programmes
b. advise on any other matter related to mortality that the HQSC specifies in writing
c. develop strategic plans and methodologies that are designed to reduce morbidity and
mortality and are relevant to the Committee’s functions.
Applicable provisions
The provisions of Schedule 5 to the Act apply in relation to a Mortality Review Committee
(s59E of the Act).
Scope
5. The Committee will be required to consider child and youth mortality on an ongoing basis and other
mortality and morbidity as directed by the HQSC in writing, or as specified within the Committee’s
agreed Work Plan.
6. For the purpose of these Terms of Reference, child and youth mortality is considered to be all deaths
of children and young people aged between 28 days and up to their 25th birthday.
Expected Activities
7. The Committee is expected to oversee mortality review to ensure that relevant, evidence-
based advice is provided to the HQSC as quickly as practicable.
8. The Committee is expected to support the development and enhancement of systems to:
a. ensure the security of personal information referred to in clause 3 of Schedule 5 of
the Act
1 A ‘statutory advisor’ provides independent guidance and advice within the parameters determined by
statute. Sections 3 and 4 define the statutory functions that mortality review committees are required to
provide advice and guidance on.
b. provide the HQSC with advance notice of, but not necessarily seek approval for,
media statements, public comment or publications
c. collect data
d. monitor the number, categories and demographics of deaths relevant to its functions
and to identify patterns and trends over time
e. support local review nationwide
i. as quality improvement initiatives, for system and practice improvements to
reduce morbidity and mortality within local communities
ii. as data collection systems for national review
f. analyse and use data collected to develop and share effective recommendations
i.
that is useful for policy development at a national level.
ii.
that can inform the community of ways to reduce mortality and morbidity.
9. The Committee is expected to support the development and enhancement of positive working
relationships, with:
a. existing Mortality Review Committees and the HQSC, to ensure coordination and
integration of functions and to minimise duplication, to improve efficiency and
sustainability.
b. relevant government bodies
c. relevant stakeholder organisations.
10. In carrying out its functions the Committee is expected to ensure that:
a. appropriate consultation when developing methodologies to carry out its functions
and disseminating its findings including consultation with the most relevant consumer
representatives
b. any advice and recommendations comply with the laws of New Zealand
c. a plan for recommendation dissemination is made with the Commission (including
publication), within agreed budgets.
11. The Committee is expected to submit a proposed three-year rolling Work Plan to the HQSC
by December of each year, for the following three financial years.
a. If approved, budget will be assigned to the Work Plan. The Committee is required to
achieve the Work Plan within the assigned budget.
12. The Committee is expected to submit an Annual Report to the HQSC, which will include:
a. a summary of the Committee’s work
b. the Committee’s advice and recommendations
c. the Committee’s rationale for its advice and any relevant evidence and/or
documentation.
Composition
13. The Committee will have a maximum of 10 members:
a. Two of these members will be ex-officio (voting) members and supported by their
respective organisations. One of these members will be from the Ministry of Social
Development – Child, Youth and Family Service and one will be from the Ministry
of Health. The Chief Executives will nominate an appropriate member, who is then
appointed by the HQSC.
b. One member will have relevant consumer experience and will provide a consumer
perspective and be well networked to consumer groups.
c. The other members will have expertise that includes the following:
i. knowledge of mortality review systems
ii. knowledge of issues affecting children and youth
iii. Knowledge and /or experience of the impact these mortalities have on
families/whanau
iv. knowledge of epidemiology, research and health systems
v. cultural expertise.
14. Members will have the ability to work strategically and will have credibility in relevant
communities and be drawn from a range of disciplines and contexts including clinicians,
health service providers, consumer representatives such as child and youth advocacy groups,
and people representing Māori and Pacific peoples’ interests.
15. The Committee is expected to self-determine its operations, with the advice of the Secretariat
and within budget.
a. Co-option of additional expertise can be made within budget (to the committee or to
working groups of the committee), but co-opted members will not have voting rights
and will not be entitled to membership fees.
16. Chairperson and Deputy Chairperson
a. The HQSC will appoint a Chairperson and a Deputy Chairperson to the Committee.
The Chairperson is expected to preside at every meeting of the Committee at which
they are present, unless they deputise their responsibilities to the Deputy Chair.
b. The Chair of the Committee (or Deputy Chair) is expected to attend regular meetings
of all the Mortality Review Committees’ Chairs (“Chairs’ Meetings”) to ensure
cooperation and integration across Committees wherever possible, and the best
allocation of limited resources.
c. The Chair of the Committee (or Deputy Chair) will be required to meet with the
HQSC, on request.
d. The Chair of the Committee (or Deputy Chair) may be required to attend other
Committee meetings at the request of the HQSC.
17. Management of Conflicts of Interest
a. Members must perform their functions in good faith, honestly and impartially and
avoid situations that might compromise their integrity or otherwise lead to conflicts
of interest. Proper observation of these principles will protect the Committee and its
members and will ensure that it retains public confidence.
b. When members believe they have a potential conflict of interest on a subject that will
prevent them from reaching an impartial decision or undertaking an activity
consistent with the Committee’s functions, they must declare that conflict of interest
and withdraw themselves from the discussion and/or activity.
18. Confidentiality
a. The maintenance of confidentiality is crucial to the functioning of the Committee.
b. Members must note the statutory requirements in section 59E (6) of the Act, which
prevents disclosure of information of the kind described in clause 3 of Schedule 5 of
the Act.
c. Under this clause, information means any information that is personal information
within the meaning of section 2(1) of the Privacy Act 1993; and that became known
to any member or executive officer or agent of a Mortality Review Committee only
because of the Committee’s functions being carried out (for example, because it is
contained in a document created, and made available to the member or executive
officer or agent, only because of those functions being carried out), whether or not
the carrying out of those functions is completed.
d. Members must note that the disclosure of information contrary to Schedule 5 of the
Act is an offence and is liable on summary conviction to a fine not exceeding
$10,000 (s 59E(6)).
19. Meetings will usually be held in Wellington. Actual and reasonable expenses for activities
required by the Committee of its members (e.g., travel, accommodation, literature searches)
will be met from the Committee’s budget provided prior approval is received.
20. The timing and frequency of meetings is to be coordinated with the Secretariat to fit within
the allocated budget.
21. The Committee will regulate its own procedures, according to State Services Commission
requirements and guidelines and ensure that a record of decisions is maintained.
Secretariat
22. The HQSC employs staff to assist the Committee out of the Committee’s allocated budget.
23. The Secretariat provides:
a. policy analysis and analytical support (as directed by the Committee)
b. guidance on governmental and ministerial processes
c. budget management, contract management and service procurement support to assist
the Committee to achieve its Work Plan within its allocated budget
d. central communications systems support for correspondence and public relations
purposes, including secure communication between Committee Members and Agents
e. liaison on behalf of the Committee within and across government and non-
government organisations
f. administrative support to organise, minute and follow up on committee meetings
and/ or working groups as agreed within the Work plan and within the budget set.
g. additional support for the Committee to carry out its functions, as agreed and
budgeted for in the Work plans.
Review
24. These terms of reference will be reviewed three years from the date at which they are
approved by the Commission.
