Prof. Kate Diesfeld1
1Auckland University of Technology, Auckland, New Zealand
Biography:
Kate is the Convenor of the Mental Health and Disability Committee of the Law Association of New Zealand, on the Advisory Committee of Aotearoa Disability Law (community law centre) and Professor of Law at Auckland University of Technology. She has co-edited two books and co-supervised many interdisciplinary doctorates. Her research and advocacy is at the interface of disability law and human rights. She was Co-Principal Investigator of a Marsden Fund grant regarding a theory of rehabilitation for professional discipline. She has had advocacy and legal roles in Alaska, California, England and New Zealand.
Abstract:
A case comparison of select New Zealand doctors’ and lawyers’ disciplinary decisions is the foundation of this session. We will apply our theory of rehabilitation for professional discipline, which was created with the support of New Zealand’s Marsden Fund. The theory was informed by an analysis of disciplinary decisions, focus groups, interviews and a Delphi study. We will examine 3 doctor and 3 lawyer decisions through the lens of the theory. How did the disciplinary tribunals balance factors such as public safety and rehabilitation? To what extent did the decisions adopt a pro-rehabilitation approach? How might the decisions have unfolded if the theory existed and had been applied? Our interest is in supporting disciplined practitioners’ well-being while protecting public safety. We welcome discussion of further refinement and international application of the theory, across professions.