3 December 2018
Andrew Fale Lesa
WITHHELD 9(2)(a)
Auckland 2103
Tēnā koe Andrew
Reppointment as a member of the Child & Youth Mortality Review Committee
I am pleased to formally acknowledge your reappointment as a member of the Child and
Youth Mortality Review Committee (CYMRC) for a further three-year term from 1 March
2019 to 1 March 2022.
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.
Your remuneration entitlement and the Commission’s expectations for your role remain
unchanged. The terms and conditions of this appointment are in Appendix 1. The terms of
reference of your committee are in Appendix 2. Further information is available on the
Commission’s website at
https://www.hqsc.govt.nz/our-programmes/mrc/cymrc/
Please confirm your reappointment by signing the attached form in Appendix 3 and returning
it to Dez McCormack, at the address above or via email at:
[email address]. Please contact Dez on 04 901 6060 or via email if you require further information.
Thank you for your ongoing commitment and dedication to the CYMRC. I am confident that
you wil continue to make a valuable contribution to the committee’s work.
Ngā mihi nui
Prof Alan Merry ONZM FRSNZ
Chair
APPENDIX 1: 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 (MRCs) 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, and
other sectors as relevant. Your 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
Group Manager, Mortality Review Committees 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 and 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 as directed by the MRC
Secretariat
• Demonstrate 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
• Adhere to the Commission’s policy for MRC official communications
• 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 work to support the Committees to deliver on their role of reducing
mortality. This support provided is wide and varied, including arranging committee meetings
and annual conferences, supporting relationship building, drafting policy advice and media
communications, supporting strategic planning, and managing the process of publishing
MRC reports. It must also make informed decisions about responsible 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 meetings each year. Occasionally, teleconferences
or video conferences are also scheduled for up to two hours in duration.
When travel is required, please advise the Secretariat of your availability and travel
preferences early so that the Committees travel costs can be minimised.
Remuneration is currently 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 on a pro-rata basis.
Prof Alan Merry ONZM FRSNZ
Chair
link to page 5
APPENDIX 2: 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 wil 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:
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.
a. ensure the security of personal information referred to in clause 3 of Schedule 5 of
the Act
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 wil 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 wil 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 wil have a maximum of 10 members:
a. Two of these members wil be ex-officio (voting) members and supported by their
respective organisations. One of these members wil be from the Ministry of Social
Development – Child, Youth and Family Service and one wil be from the Ministry of
Health. The Chief Executives wil nominate an appropriate member, who is then
appointed by the HQSC.
b. One member wil have relevant consumer experience and wil provide a consumer
perspective and be well networked to consumer groups.
c. The other members wil 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 wil have the ability to work strategically and wil 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 wil not have voting rights
and wil not be entitled to membership fees.
16. Chairperson and Deputy Chairperson
a. The HQSC wil 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) wil 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 wil protect the Committee and its
members and wil ensure that it retains public confidence.
b. When members believe they have a potential conflict of interest on a subject that
wil 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 wil usually be held in Wellington. Actual and reasonable expenses for
activities required by the Committee of its members (e.g., travel, accommodation,
literature searches) wil 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 wil 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 wil be reviewed three years from the date at which they are
approved by the Commission.
APPENDIX 3: MRC APPOINTMENT AGREEMENT
MEMORANDUM
To:
Dez McCormack
Committees Coordinator, Health Quality & Safety Commission
PO Box 25-496
Wellington 6146
Subject:
Reppointment to the Child & Youth Mortality Review Committee
From:
Andrew 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 2019 to
1 March 2022.
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
