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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Health and Hospitals Network Bill 2011
Queensland Health and Hospitals Network Bill 2011 Contents Page Part 1 Preliminary Division 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4 Principles and objectives of national health system . . . . . . . . . . . 18 Division 2 Object of Act 5 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 3 Overview of Act 6 Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 7 Establishment of Local Health and Hospital Networks . . . . . . . . . 21 8 Management of the public sector health system . . . . . . . . . . . . . 21 9 Management of health system performance . . . . . . . . . . . . . . . . 22 10 State-wide employment and industrial relations arrangements . . 22 11 Protections for safety and quality . . . . . . . . . . . . . . . . . . . . . . . . 22 12 Confidentiality safeguards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 4 Guiding principles of Act 13 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 5 Interpretation 14 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 15 Meaning of health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 16 Meaning of service agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Part 2 Local Health and Hospital Networks Division 1 Establishment, functions and powers of networks 17 Establishment of networks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 18 Legal status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 19 Functions of networks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Health and Hospitals Network Bill 2011 Contents 20 Powers of networks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 21 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2 Governing councils for networks Subdivision 1 Role of governing councils 22 Role of exercising control over network . . . . . . . . . . . . . . . . . . . . 29 Subdivision 2 Membership 23 Membership of governing councils . . . . . . . . . . . . . . . . . . . . . . . . 29 24 Minister to advertise for members of governing councils . . . . . . . 30 25 Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . 30 26 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 27 Vacation of office of governing council member . . . . . . . . . . . . . . 31 28 Removal from office of governing council members. . . . . . . . . . . 32 29 Defects in appointment of members. . . . . . . . . . . . . . . . . . . . . . . 32 Subdivision 3 Delegation by governing councils 30 Delegation by governing councils. . . . . . . . . . . . . . . . . . . . . . . . . 33 Subdivision 4 Conduct of business 31 Members to act in public interest . . . . . . . . . . . . . . . . . . . . . . . . . 33 32 Conduct of business by governing councils . . . . . . . . . . . . . . . . . 33 Division 3 Network chief executives 33 Appointment of network chief executives . . . . . . . . . . . . . . . . . . . 34 34 Delegation by network chief executive . . . . . . . . . . . . . . . . . . . . . 34 Division 4 Service agreements, engagement strategies and protocols 35 Chief executive and network must enter into service agreements 35 36 Term of service agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 37 Negotiations for service agreement . . . . . . . . . . . . . . . . . . . . . . . 35 38 Minister may decide on terms of service agreement . . . . . . . . . . 35 39 Procedure to amend service agreement . . . . . . . . . . . . . . . . . . . 36 40 Engagement strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 41 Review of strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 42 Protocol with primary healthcare organisations . . . . . . . . . . . . . . 38 43 Review of protocol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Division 5 Directions by Minister 44 Minister may give directions to network . . . . . . . . . . . . . . . . . . . . 38 Part 3 Functions of chief executive and chief health officer Division 1 Chief executive 45 Functions of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Page 2
Health and Hospitals Network Bill 2011 Contents 46 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 2 Chief executive may issue health service directives 47 Health service directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 48 Consultation on health service directives . . . . . . . . . . . . . . . . . . . 44 49 Publication of health service directives . . . . . . . . . . . . . . . . . . . . 44 50 Health service directives binding . . . . . . . . . . . . . . . . . . . . . . . . . 44 51 Review of health service directives . . . . . . . . . . . . . . . . . . . . . . . 44 Division 3 Chief health officer 52 Chief health officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 53 Functions of chief health officer . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Part 4 Performance reporting and auditing Division 1 Performance reporting 54 Chief executive may provide data to Commonwealth. . . . . . . . . . 46 Division 2 Health service audits 55 Function of health service auditors. . . . . . . . . . . . . . . . . . . . . . . . 46 56 Appointment of health service auditors . . . . . . . . . . . . . . . . . . . . 47 57 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 47 58 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 59 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 60 Powers of health service auditors . . . . . . . . . . . . . . . . . . . . . . . . 48 61 Giving health service auditor false or misleading information . . . 49 62 Obstructing health service auditor . . . . . . . . . . . . . . . . . . . . . . . . 50 63 Duty of confidentiality of health service auditors . . . . . . . . . . . . . 50 64 Reports by health service auditors. . . . . . . . . . . . . . . . . . . . . . . . 51 65 Chief executive may request report from network chief executive 52 Part 5 Health service employees Division 1 General 66 Conditions of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 67 Appointment of health service employees . . . . . . . . . . . . . . . . . . 53 68 Contracted health service employees other than health executives ................................... 53 69 Health service employees not public service employees . . . . . . . 54 Division 2 Health executive service 70 Health executive service continued . . . . . . . . . . . . . . . . . . . . . . . 54 71 Purpose of health executive service. . . . . . . . . . . . . . . . . . . . . . . 54 72 Principles of health executive service employment . . . . . . . . . . . 54 Page 3
Health and Hospitals Network Bill 2011 Contents 73 Composition of health executive service . . . . . . . . . . . . . . . . . . . 54 74 Basis of employment for health executives. . . . . . . . . . . . . . . . . . 55 75 Exclusion of certain matters from review under other Acts . . . . . 56 76 Fixing of remuneration packages and classification levels for health executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 3 Other provisions relating to health service employees 77 Redeployment or secondment to lower classification level . . . . . 57 78 Transfer of health service employees or network health executives 57 79 Entitlement on ending of particular employment contracts. . . . . . 58 80 Action if health service employee is surplus to needs . . . . . . . . . 59 Part 6 Safety and quality Division 1 Quality assurance committees 81 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 82 Establishment of quality assurance committees. . . . . . . . . . . . . . 59 83 Restrictions on committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 84 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 85 Giving of reports and documents to patient safety entity . . . . . . . 62 86 Information about excluded notifiable conduct . . . . . . . . . . . . . . . 63 87 Protection for documents and information . . . . . . . . . . . . . . . . . . 63 88 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 89 Giving of information protected . . . . . . . . . . . . . . . . . . . . . . . . . . 65 90 Information provider can not be compelled to give particular information in evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 91 Further responsibilities of committees . . . . . . . . . . . . . . . . . . . . . 66 92 Effect of provisions of division . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 2 Root cause analysis Subdivision 1 Preliminary 93 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 94 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 95 Meaning of root cause analysis . . . . . . . . . . . . . . . . . . . . . . . . . . 68 96 When is a health service provided . . . . . . . . . . . . . . . . . . . . . . . . 68 97 Guiding principles for conduct of RCA of reportable event. . . . . . 69 Subdivision 2 RCA teams 98 Appointment of RCA team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 99 Requirements for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Page 4
Health and Hospitals Network Bill 2011 Contents Subdivision 3 Reporting 100 RCA team's report and chain of events document . . . . . . . . . . . . 71 101 Reporting to commissioning authority . . . . . . . . . . . . . . . . . . . . . 72 Subdivision 4 Stopping conduct of RCA of reportable event 102 Stopping conduct of RCA of reportable event--RCA team . . . . . 72 103 Stopping conduct of RCA of reportable event--commissioning authority ................................... 73 Subdivision 5 Disclosure or release of information 104 Definition for sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 105 Disclosure of information--RCA team member or relevant person .................................. 74 106 Disclosure of information--commissioning authority or relevant person ....................................... 75 107 Information about excluded notifiable conduct . . . . . . . . . . . . . . . 77 108 Release of information to Health Quality and Complaints Commission ................................ 77 109 Release of information to chief health officer . . . . . . . . . . . . . . . . 78 110 Release of information by chief health officer to Health Quality and Complaints Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 111 Release of information to director of mental health . . . . . . . . . . . 79 112 Giving of copy of RCA report or chain of events document--patient safety entity . . . . . . . . . . . . . . . . . . . . . . . . . . 79 113 Giving of copy of RCA report etc.--investigation under the Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 114 Giving of information to Minister or chief executive . . . . . . . . . . . 83 115 Giving of copy of, or information contained in, RCA report--person who has sufficient personal or professional interest .................................... 83 Subdivision 6 Protections 116 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 117 Giving of information protected . . . . . . . . . . . . . . . . . . . . . . . . . . 84 118 Information provider can not be compelled to give particular information in evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 119 Protection for documents and information . . . . . . . . . . . . . . . . . . 86 120 Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . 87 121 Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 122 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . 87 Subdivision 7 Miscellaneous 123 Application of provisions of this division . . . . . . . . . . . . . . . . . . . . 88 Page 5
Health and Hospitals Network Bill 2011 Contents Division 3 Clinical reviews 124 Functions of clinical reviewers . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 125 Appointment of clinical reviewers . . . . . . . . . . . . . . . . . . . . . . . . . 89 126 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 89 127 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 128 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 129 Powers of clinical reviewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 130 Giving clinical reviewer false or misleading information . . . . . . . . 91 131 Obstructing clinical reviewer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 132 Duty of confidentiality of clinical reviewers . . . . . . . . . . . . . . . . . . 91 133 Disclosure to person under Coroners Act 2003 . . . . . . . . . . . . . . 92 134 Stopping clinical review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 135 Reports by clinical reviewers other than to provide advice to investigator ................................... 93 136 Reports by clinical reviewers to provide advice to investigator. . . 94 137 Chief executive may request report from network chief executive 94 138 Protection for documents and information . . . . . . . . . . . . . . . . . . 94 Part 7 Confidentiality Division 1 Interpretation and application 139 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 140 Meaning of parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 141 Part does not apply to Act officials . . . . . . . . . . . . . . . . . . . . . . . . 97 Division 2 Confidentiality 142 Confidential information must not be disclosed . . . . . . . . . . . . . . 97 143 Disclosure required or permitted by law . . . . . . . . . . . . . . . . . . . . 98 144 Disclosure with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 145 Disclosure of confidential information for care or treatment of person ..................................... 99 146 Disclosure to person who has sufficient interest in health and welfare of person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 147 Disclosure to lessen or prevent serious risk to life, health or safety ....................................... 100 148 Disclosure for the protection, safety or wellbeing of a child . . . . . 101 149 Disclosure for funding arrangements and public health monitoring ................................... 101 150 Disclosure for purposes relating to health services . . . . . . . . . . . 101 151 Disclosure to Commonwealth, another State or Commonwealth or State entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Page 6
Health and Hospitals Network Bill 2011 Contents 152 Disclosure to or by inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 153 Disclosure to Act officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 154 Disclosure to or by relevant chief executive . . . . . . . . . . . . . . . . . 103 155 Disclosure to health practitioner registration board . . . . . . . . . . . 104 156 Disclosure to Health Quality and Complaints Commission . . . . . 104 157 Disclosure to person performing functions under Coroners Act 2003 .................................... 105 158 Disclosure to lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 159 Disclosure to Australian Red Cross Society . . . . . . . . . . . . . . . . . 105 160 Disclosure of confidential information in the public interest . . . . . 105 161 Necessary or incidental disclosure. . . . . . . . . . . . . . . . . . . . . . . . 106 Part 8 Control of traffic and conduct on health services land Division 1 Interpretation 162 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Division 2 Authorised persons and security officers 163 Appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . 108 164 Appointment of security officers . . . . . . . . . . . . . . . . . . . . . . . . . . 108 165 Person may be appointed as authorised person and security officer ....................................... 108 166 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 108 167 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 168 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 169 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 170 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 110 171 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Division 3 Traffic control 172 Health services land for which authorised person may exercise powers ...................................... 111 173 Health services land for which network chief executives may exercise powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 174 Authorised persons to control traffic on health services land . . . . 111 175 Regulatory notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 176 Notices that contravention of regulatory notice an offence. . . . . . 112 177 Removal and detention of illegally parked or abandoned vehicles 113 178 Disposal of unclaimed vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . 114 179 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Page 7
Health and Hospitals Network Bill 2011 Contents Division 4 Conduct on health services land 180 Health services land for which authorised person or security officer may exercise powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 181 Health services land for which network chief executives may exercise powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 182 Conduct causing a public nuisance . . . . . . . . . . . . . . . . . . . . . . . 116 183 Power to deal with persons causing a public nuisance . . . . . . . . 116 184 Prohibition of smoking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Division 5 Requirements to give name and address and other matters 185 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 117 186 Offence to contravene personal details requirement . . . . . . . . . . 118 187 Obstructing an authorised person or security officer . . . . . . . . . . 119 188 Impersonating authorised person or security officer . . . . . . . . . . 119 Part 9 Health service investigations 189 Functions of health service investigators . . . . . . . . . . . . . . . . . . . 119 190 Appointment of health service investigators . . . . . . . . . . . . . . . . . 120 191 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 120 192 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 193 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 194 Powers of health service investigators . . . . . . . . . . . . . . . . . . . . 121 195 Giving health service investigator false or misleading information 122 196 Obstructing investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 197 Duty of confidentiality of health service investigators . . . . . . . . . . 123 198 Disclosure to person under Coroners Act 2003 . . . . . . . . . . . . . . 124 199 Reports by health service investigators . . . . . . . . . . . . . . . . . . . . 124 200 Chief executive may request report from network chief executives ................................... 125 Part 10 Monitoring and enforcement Division 1 Interpretation 201 Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Division 2 General provisions about inspectors Subdivision 1 Functions and appointment 202 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 203 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 128 204 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 129 205 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 206 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Page 8
Health and Hospitals Network Bill 2011 Contents Subdivision 2 Identity cards 207 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 208 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 130 209 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Subdivision 3 Miscellaneous provisions 210 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 131 211 Reference to document includes reference to reproductions from electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Division 3 Entry of places by inspectors Subdivision 1 Power to enter 212 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Subdivision 2 Entry by consent 213 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 214 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 133 215 Matters inspector must tell occupier . . . . . . . . . . . . . . . . . . . . . . . 133 216 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Subdivision 3 Entry under warrant 217 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 218 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 219 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 220 Additional procedure if electronic application . . . . . . . . . . . . . . . . 136 221 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 222 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Division 4 General powers of inspectors after entering places 223 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 224 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 225 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 140 226 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 140 Division 5 Seizure and forfeiture Subdivision 1 Power to seize 227 Seizing evidence at a place that may be entered without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 228 Seizing evidence at a place that may be entered only with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 229 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . 142 Subdivision 2 Powers to support seizure 230 Requirement of person in control of thing to be seized . . . . . . . . 142 Page 9
Health and Hospitals Network Bill 2011 Contents 231 Offence to contravene seizure requirement . . . . . . . . . . . . . . . . . 143 232 Power to secure seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 233 Offence to contravene other seizure requirement . . . . . . . . . . . . 143 234 Offence to interfere. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Subdivision 3 Safeguards for seized things 235 Receipt and information notice for seized thing . . . . . . . . . . . . . . 144 236 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 237 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Subdivision 4 Forfeiture 238 Forfeiture by chief executive decision. . . . . . . . . . . . . . . . . . . . . . 146 239 Information notice about forfeiture decision . . . . . . . . . . . . . . . . . 147 240 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 241 Procedure and powers for making forfeiture order . . . . . . . . . . . . 148 Subdivision 5 Dealing with property forfeited or transferred to State 242 When thing becomes property of the State . . . . . . . . . . . . . . . . . 148 243 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Division 6 Disposal orders 244 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Division 7 Other information-obtaining powers 245 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 150 246 Offence to contravene personal details requirement . . . . . . . . . . 151 247 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 248 Offence to contravene information requirement . . . . . . . . . . . . . . 152 Division 8 Miscellaneous provisions relating to inspectors Subdivision 1 Damage 249 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 152 250 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Subdivision 2 Compensation 251 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Subdivision 3 Other offences relating to inspectors 252 Giving inspector false or misleading information . . . . . . . . . . . . . 154 253 Obstructing inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 254 Impersonating inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Division 9 Reviews and appeals 255 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 256 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . 156 Page 10
Health and Hospitals Network Bill 2011 Contents 257 How to apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 258 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 259 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 260 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 261 Procedure for an appeal to the court . . . . . . . . . . . . . . . . . . . . . . 158 262 Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . 159 263 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 264 Effect of decision of court on appeal . . . . . . . . . . . . . . . . . . . . . . 160 Part 11 Legal proceedings Division 1 Application 265 Application of pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Division 2 Evidentiary aids 266 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 267 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 268 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Division 3 Offence proceedings 269 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 270 Limitation on time for starting proceedings for summary offence . 163 271 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . 163 272 Limitation on who may summarily hear indictable offence . . . . . . 164 273 Allegations of false or misleading information or document . . . . . 164 Part 12 Miscellaneous 274 Disclosure of personal information of health service employees and health professionals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 275 Governor in Council may dismiss members of governing council 165 276 Governor in Council may appoint administrator for network. . . . . 165 277 Term and role of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 278 Ministerial advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . 166 279 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 280 Protecting officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 281 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 282 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Part 13 Repeal, savings and transitional provisions Division 1 Repeal 283 Repeal of Health Services Act 1991. . . . . . . . . . . . . . . . . . . . . . . 169 Page 11
Health and Hospitals Network Bill 2011 Contents Division 2 Savings and transitional 284 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 285 Existing health service employees . . . . . . . . . . . . . . . . . . . . . . . . 170 286 Existing health executives employed in health service districts . . 170 287 Chief health officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 288 Continued appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . 172 289 Continued appointment of authorised persons. . . . . . . . . . . . . . . 172 290 Continued appointment of security officers . . . . . . . . . . . . . . . . . 172 291 Continued appointment of auditors . . . . . . . . . . . . . . . . . . . . . . . 173 292 Continued appointment of investigators . . . . . . . . . . . . . . . . . . . . 173 293 Continuation of RCA teams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 294 Continuation of quality assurance committees . . . . . . . . . . . . . . . 174 295 Continuation of Ministerial advisory committees . . . . . . . . . . . . . 174 296 Health service audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 297 Health service investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 298 Regulatory notices and information notices . . . . . . . . . . . . . . . . . 175 299 Authorisations and considerations by chief executive . . . . . . . . . 175 300 Applications under Information Privacy Act 2009, s 43, 44 or 94 . 176 301 Applications under Information Privacy Act 2009, s 99 . . . . . . . . 176 302 Persons affected by reviewable decision under the Information Privacy Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 303 Applications under Right to Information Act 2009, s 24 or 80 . . . 177 304 Applications under Right to Information Act 2009, s 85 . . . . . . . . 178 305 Persons affected by reviewable decision under the Right to Information Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 306 Assistance must be provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 307 Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 308 Decisions not reviewable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 309 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 310 Registering authority to note transfer or other dealing . . . . . . . . . 183 311 Effect on legal relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 312 Things done under transfer notice . . . . . . . . . . . . . . . . . . . . . . . . 185 313 Requirement for network to develop engagement strategies . . . . 185 314 Requirement for network to develop protocol . . . . . . . . . . . . . . . . 185 315 Advertising for members of governing councils before commencement ............................. 186 316 Reporting obligations for prescribed public hospitals to continue. 186 Page 12
Health and Hospitals Network Bill 2011 Contents 317 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 186 Part 14 Amendment of Tobacco and Other Smoking Products Act 1998 318 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 319 Insertion of new pt 2, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Division 1A Point of sale at a retail outlet 13B Number of points of sale . . . . . . . . . . . . . . . . . . . . . . 187 320 Omission of pt 2, div 4 hdg (Signage) . . . . . . . . . . . . . . . . . . . . . 187 321 Amendment and relocation of s 20 (Supplier must display particular signs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 322 Amendment and relocation of s 21 (Person in charge of tobacco product vending machine must attach particular signs) . . . . . . . . 188 323 Amendment of s 25 (Definitions for pt 2A) . . . . . . . . . . . . . . . . . . 188 324 Replacement of ss 26A-26H . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 26A Prohibition on display, and restrictions on advertising, of smoking products . . . . . . . . . . . . . . . . 189 26B Location of smoking products at retail outlet . . . . . . . 189 26C Smoking products must be kept out of sight of customers ............................ 190 26D Smoking products must not constitute advertisement 191 26E Display of retail prices of smoking products . . . . . . . . 191 325 Replacement of s 26IA (Advertising or display to be as provided under this division) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 26IA Prohibition on display, and restrictions on advertising, of smoking products . . . . . . . . . . . . . . . . . . . . . . . . . . 191 326 Omission of ss 26IB and 26IC . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 327 Amendment of s 26ID (Display of retail prices of tobacco product) ...................................... 192 328 Amendment of s 26IE (Certain business names allowed) . . . . . . 192 329 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 193 Part 15 Consequential amendments 330 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Schedule 1 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 194 Part 1 Amendment of this Act Part 2 Amendment of other legislation Ambulance Service Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 Page 13
Health and Hospitals Network Bill 2011 Contents Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . 197 Commission for Children and Young People and Child Guardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 Criminal Law Amendment Act 1945 . . . . . . . . . . . . . . . . . . . . . . . 200 Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Disaster Management Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Drug Court Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 Evidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 Food Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 Food Production (Safety) Act 2000 . . . . . . . . . . . . . . . . . . . . . . . 206 Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 206 Health Act 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 Health Quality and Complaints Commission Act 2006. . . . . . . . . 207 Hospitals Foundations Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . 208 Information Privacy Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 Mater Public Health Services Act 2008 . . . . . . . . . . . . . . . . . . . . 215 Mental Health Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 Penalties and Sentences Act 1992. . . . . . . . . . . . . . . . . . . . . . . . 218 Personal Injuries Proceedings Act 2002. . . . . . . . . . . . . . . . . . . . 219 Pest Management Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 Pharmacy Business Ownership Act 2001 . . . . . . . . . . . . . . . . . . 220 Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 220 Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 220 Private Health Facilities Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . 221 Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Public Health (Infection Control for Personal Appearance Services) Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 Public Records Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 Public Safety Preservation Act 1986 . . . . . . . . . . . . . . . . . . . . . . 226 Public Trustee Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 Radiation Safety Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 Right to Information Act 2009. . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 Tobacco and Other Smoking Products Act 1998 . . . . . . . . . . . . . 228 Transplantation and Anatomy Act 1979 . . . . . . . . . . . . . . . . . . . . 229 Page 14
Health and Hospitals Network Bill 2011 Contents Victims of Crime Assistance Act 2009 . . . . . . . . . . . . . . . . . . . . . 229 Water Fluoridation Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 Workers' Compensation and Rehabilitation Act 2003 . . . . . . . . . 230 Schedule 2 Conduct of business by governing councils . . . . . . . . . . . . . 232 1 Application of sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 2 Conduct of business by governing council . . . . . . . . . . . . . . . . . . 232 3 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 4 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 5 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 6 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 7 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 8 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 9 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 Page 15
2011 A Bill for An Act to provide for the delivery of public sector health services and other health services in Queensland and to make amendments to the Tobacco and Other Smoking Products Act 1998 for particular purposes and consequential amendments of the Acts mentioned in part 15 and schedule 1
Health and Hospitals Network Bill 2011 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Division 1 Introduction 3 1 Short title 4 This Act may be cited as the Health and Hospitals Network 5 Act 2011. 6 2 Commencement 7 This Act commences on a day to be fixed by proclamation. 8 3 Act binds all persons 9 This Act binds all persons, including the State and, so far as 10 the legislative power of the Parliament permits, the 11 Commonwealth and all the other States. 12 4 Principles and objectives of national health system 13 This Act recognises and gives effect to the principles and 14 objectives of the national health system agreed by 15 Commonwealth, State and Territory governments, namely-- 16 (a) the following Medicare principles-- 17 (i) eligible persons are to be given the choice to 18 receive, free of charge as public patients, health 19 and emergency services of a kind or kinds that are 20 currently, or were historically, provided by 21 hospitals; 22 Page 18
Health and Hospitals Network Bill 2011 Part 1 Preliminary [s 4] (ii) access to these services by public patients free of 1 charge is to be on the basis of clinical need and 2 within a clinically appropriate period; 3 (iii) arrangements are to be in place to ensure equitable 4 access to the services for all eligible persons, 5 regardless of their geographic location; and 6 (b) the health system principles--Australia's health system 7 should-- 8 (i) be shaped around the health needs of individual 9 patients, their families and communities; and 10 (ii) focus on the prevention of disease and injury and 11 the maintenance of health and not simply on the 12 treatment of illness; and 13 (iii) support an integrated approach to the promotion of 14 healthy lifestyles, prevention of illness and injury, 15 and diagnosis and treatment of illness across the 16 continuum of care; and 17 (iv) provide all Australians with timely access to 18 quality health services based on their needs, not 19 ability to pay, regardless of where they live in the 20 country; and 21 (c) the following long-term objectives for Australia's health 22 system-- 23 (i) prevention--Australians are born and remain 24 healthy; 25 (ii) primary and community health--Australians 26 receive appropriate high quality and affordable 27 primary and community health services; 28 (iii) hospital and related care--Australians receive 29 appropriate high quality and affordable hospital 30 and hospital-related care; 31 (iv) aged care--older Australians receive appropriate 32 high quality and affordable health and aged care 33 services; 34 Page 19
Health and Hospitals Network Bill 2011 Part 1 Preliminary [s 5] (v) patient experience--Australians have positive 1 health and aged care experiences which take 2 account of individual circumstances and care 3 needs; 4 (vi) social inclusion and Indigenous 5 health--Australia's health system promotes social 6 inclusion and reduces disadvantage, especially for 7 Indigenous Australians; 8 (vii) sustainability--Australians have a sustainable 9 health system. 10 Division 2 Object of Act 11 5 Object 12 (1) The object of this Act is to establish a public sector health 13 system that delivers high quality hospital and other health 14 services to persons in Queensland having regard to the 15 principles and objectives of the national health system. 16 (2) The object is mainly achieved by-- 17 (a) strengthening local decision-making and accountability, 18 and local consumer and community engagement; and 19 (b) providing for State-wide health system management 20 including health system planning, coordination and 21 standard setting; and 22 (c) balancing the benefits of the local and system-wide 23 approaches. 24 Division 3 Overview of Act 25 6 Purpose of div 3 26 This division gives an overview of this Act. 27 Page 20
Health and Hospitals Network Bill 2011 Part 1 Preliminary [s 7] 7 Establishment of Local Health and Hospital Networks 1 (1) Networks are statutory bodies and are the principal providers 2 of public sector health services. 3 (2) Each network is independently and locally controlled by an 4 expertise-based governing council. 5 (3) Networks each appoint a network chief executive. 6 (4) Networks exercise significant powers at a local level, 7 including responsibility for the financial management of the 8 network. 9 8 Management of the public sector health system 10 (1) The public sector health system is comprised of the networks 11 and the department. 12 (2) The overall management of the public sector health system is 13 the responsibility of the department, through the chief 14 executive (the system manager role). 15 (3) In performing the system manager role, the chief executive is 16 responsible for the following-- 17 (a) State-wide planning; 18 (b) employing staff and managing State-wide industrial 19 relations; 20 (c) managing land, buildings and capital works; 21 (d) monitoring network performance; 22 (e) issuing binding health service directives to networks. 23 (4) The way in which the chief executive's responsibilities are 24 exercised establishes the relationship between the chief 25 executive and the networks. 26 (5) The relationship between the chief executive and the networks 27 is also governed by the service agreement between the chief 28 executive and each network. 29 Page 21
Health and Hospitals Network Bill 2011 Part 1 Preliminary [s 9] 9 Management of health system performance 1 (1) Networks are individually accountable for their performance. 2 (2) Networks are required to report on their performance to the 3 chief executive. 4 (3) The chief executive is responsible for-- 5 (a) collating and validating the data provided by networks; 6 and 7 (b) providing the data to the Commonwealth and relevant 8 Commonwealth entities. 9 (4) Health service auditors may be appointed to examine the 10 performance of networks and the department. 11 10 State-wide employment and industrial relations 12 arrangements 13 (1) This Act provides for State-wide employment and industrial 14 relations arrangements in the public sector health system. 15 (2) Health service employees working in networks and the 16 department are employed on the same terms and conditions. 17 (3) The chief executive is authorised under the Industrial 18 Relations Act 1999 to negotiate certified agreements for 19 health service employees and for other health system 20 industrial relations matters. 21 11 Protections for safety and quality 22 (1) This Act provides safeguards and protection for-- 23 (a) members of quality assurance committees and Root 24 Cause Analysis teams; and 25 (b) information obtained and reports prepared by the 26 committees or teams. 27 (2) Clinical reviewers may be appointed to conduct clinical 28 reviews and to provide expert clinical advice. 29 Page 22
Health and Hospitals Network Bill 2011 Part 1 Preliminary [s 12] 12 Confidentiality safeguards 1 This Act provides safeguards to protect the confidentiality of 2 information that identifies persons who have received public 3 sector health services. 4 Division 4 Guiding principles of Act 5 13 Guiding principles 6 (1) The following principles are intended to guide the 7 achievement of this Act's object-- 8 (a) the best interests of users of public sector health services 9 should be the main consideration in all decisions and 10 actions under this Act; 11 (b) there should be a commitment to ensuring quality and 12 safety in the delivery of public sector health services; 13 (c) there should be responsiveness to the needs of users of 14 public sector health services about the delivery of public 15 sector health services; 16 (d) information about the delivery of public sector health 17 services should be provided to the community in an 18 open and transparent way; 19 (e) there should be a commitment to ensuring that places at 20 which public sector health services are delivered are 21 places at which-- 22 (i) employees are free from bullying, harassment and 23 discrimination; and 24 (ii) employees are respected and diversity is embraced; 25 (f) there should be openness to complaints from users of 26 public sector health services and a focus on dealing with 27 the complaints quickly and transparently; 28 (g) there should be engagement with clinicians in planning, 29 developing and delivering public sector health services; 30 Page 23
Health and Hospitals Network Bill 2011 Part 1 Preliminary [s 14] (h) opportunities for research and development relevant to 1 the delivery of public sector health services should be 2 promoted; 3 (i) opportunities for training and education relevant to the 4 delivery of public sector health services should be 5 promoted. 6 (2) A person must have regard to the guiding principles when 7 performing a function or exercising a power under this Act. 8 Division 5 Interpretation 9 14 Definitions 10 The dictionary in schedule 3 defines particular words used in 11 this Act. 12 15 Meaning of health service 13 (1) A health service is a service for maintaining, improving, 14 restoring or managing people's health and wellbeing. 15 (2) Without limiting subsection (1), a health service includes-- 16 (a) a service mentioned in subsection (1) that is provided to 17 a person at a hospital, residential care facility, 18 community health facility or other place; and 19 (b) a service dealing with public health, including a 20 program or activity for-- 21 (i) the prevention and control of disease or sickness; 22 or 23 (ii) the prevention of injury; or 24 (iii) the protection and promotion of health. 25 Example of health service mentioned in paragraph (b)-- 26 a cancer screening program 27 (3) In addition, a health service includes a support service for a 28 service mentioned in subsection (1). 29 Page 24
Health and Hospitals Network Bill 2011 Part 1 Preliminary [s 16] 16 Meaning of service agreement 1 (1) A service agreement, for a network, means an agreement 2 between the chief executive and the network that states-- 3 (a) the hospital services, other health services, teaching, 4 research and other services to be provided by the 5 network; and 6 (b) the funding to be provided to the network for the 7 provision of services, including the way in which the 8 funding is to be provided; and 9 Example of a way of funding a health service-- 10 activity-based funding 11 (c) the performance measures for the provision of services 12 by the network; and 13 (d) the performance data and other data to be provided by a 14 network to the chief executive, including how, and how 15 often, the data is to be provided; and 16 (e) any other matter the chief executive considers relevant 17 to the provision of services by the network. 18 (2) Without limiting subsection (1), a service agreement may-- 19 (a) deal with the matters stated in subsection (1) relating to 20 funding provided by the Commonwealth, without the 21 Commonwealth being a party to the agreement; and 22 (b) state the circumstances in which a network (the first 23 network) may agree with another network to deliver 24 services for the first network. 25 Page 25
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 17] Part 2 Local Health and Hospital 1 Networks 2 Division 1 Establishment, functions and 3 powers of networks 4 17 Establishment of networks 5 A regulation may-- 6 (a) declare any 1 or more of the following to be a network 7 area for a Local Health and Hospital Network-- 8 (i) a part of the State; 9 (ii) a public sector hospital; 10 (iii) a public sector health service facility; 11 (iv) a public sector health service; and 12 (b) establish a Local Health and Hospital Network (a 13 network) for the network area; and 14 (c) assign a name to the network. 15 18 Legal status 16 (1) A network-- 17 (a) is a body corporate; and 18 (b) has a seal; and 19 (c) may sue and be sued in its corporate name. 20 (2) A network represents the State. 21 (3) Without limiting subsection (2), a network has all the 22 privileges and immunities of the State. 23 Page 26
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 19] 19 Functions of networks 1 (1) A network's main function is to deliver the hospital services, 2 other health services, teaching, research and other services 3 stated in the service agreement for the network. 4 (2) A network also has the following functions-- 5 (a) to ensure the operations of the network are carried out 6 efficiently, effectively and economically; 7 (b) to enter into a service agreement with the chief 8 executive; 9 (c) to comply with the health service directives that apply to 10 the network; 11 (d) to contribute to, and implement, State-wide service 12 plans that apply to the network and undertake further 13 service planning that aligns with the State-wide plans; 14 (e) to monitor and improve the quality of health services 15 delivered by the network, including, for example, by 16 implementing national clinical standards for the 17 network; 18 (f) to develop local clinical governance arrangements for 19 the network; 20 (g) to undertake minor capital works, and major capital 21 works approved by the chief executive, in the network 22 area; 23 (h) to maintain assets owned by the network or the State in 24 the network area; 25 (i) to cooperate with other providers of health services, 26 including other networks, the department and providers 27 of primary healthcare, in planning for, and delivering, 28 health services; 29 (j) to cooperate with local primary healthcare 30 organisations; 31 (k) to arrange for the provision of health services to public 32 patients in private health facilities; 33 Page 27
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 20] (l) to manage the performance of the network against the 1 performance measures stated in the service agreement; 2 (m) to provide performance data and other data to the chief 3 executive; 4 (n) to consult with health professionals working in the 5 network, health consumers and members of the 6 community about the provision of health services; 7 (o) other functions approved by the Minister; 8 (p) other functions necessary or incidental to the above 9 functions. 10 20 Powers of networks 11 (1) A network has the powers of an individual and may, for 12 example-- 13 (a) enter into contracts and agreements; and 14 (b) subject to subsection (2), acquire, hold, deal with or 15 dispose of property; and 16 (c) engage consultants or contractors; and 17 (d) appoint agents and attorneys; and 18 (e) charge for the services it provides; and 19 (f) do anything else necessary or convenient to be done in 20 performing its functions. 21 (2) A network may not own-- 22 (a) land or buildings; or 23 (b) other assets prescribed by regulation. 24 (3) A network may employ health executives. 25 (4) However, a network may not employ staff other than health 26 executives. 27 21 Application of other Acts 28 (1) A network is-- 29 Page 28
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 22] (a) a statutory body under the Financial Accountability Act 1 2009; and 2 (b) a statutory body under the Statutory Bodies Financial 3 Arrangements Act 1982; and 4 (c) a unit of public administration under the Crime and 5 Misconduct Act 2001. 6 (2) The Statutory Bodies Financial Arrangements Act 1982, part 7 2B sets out the way in which a network's powers under this 8 Act are affected by that Act. 9 Division 2 Governing councils for networks 10 Subdivision 1 Role of governing councils 11 22 Role of exercising control over network 12 A governing council controls the network for which it is 13 established. 14 Subdivision 2 Membership 15 23 Membership of governing councils 16 (1) A governing council consists of 5 or more members appointed 17 by the Governor in Council, by gazette notice, on the 18 recommendation of the Minister. 19 (2) The Minister is to recommend persons the Minister considers 20 have the skills, knowledge and experience required for a 21 network to perform its functions effectively and efficiently, 22 including-- 23 (a) persons with expertise in health management, business 24 management, financial management and human 25 resource management; and 26 (b) persons with clinical expertise; and 27 Page 29
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 24] (c) persons with legal expertise; and 1 (d) persons with skills, knowledge and experience in 2 primary healthcare; and 3 (e) persons with knowledge of health consumer and 4 community issues relevant to the operations of the 5 network; and 6 (f) where relevant, persons from universities, clinical 7 schools or research centres with expertise relevant to the 8 operations of the network; and 9 (g) persons with other areas of expertise the Minister 10 considers relevant to a network performing its functions. 11 24 Minister to advertise for members of governing councils 12 (1) Before recommending persons for membership of a governing 13 council, the Minister must-- 14 (a) advertise for expressions of interest from suitably 15 qualified persons interested in being members of a 16 governing council; and 17 (b) consider the expressions of interest received. 18 (2) Subsection (1) does not apply to a vacancy that arises in the 19 membership of a governing council under section 27. 20 (3) In this section-- 21 suitably qualified means having the skills, knowledge and 22 experience mentioned in section 23. 23 25 Chairperson and deputy chairperson 24 (1) The Governor in Council may, on the recommendation of the 25 Minister, appoint-- 26 (a) a member of a governing council to be chairperson of 27 the governing council; and 28 (b) another member to be deputy chairperson of the 29 governing council. 30 Page 30
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 26] (2) A member may be appointed as the chairperson or deputy 1 chairperson at the same time as the person is appointed as a 2 member and by the same gazette notice. 3 (3) Subject to this subdivision, the chairperson or deputy 4 chairperson holds office for the term, ending not later than his 5 or her term of appointment as a member, stated in his or her 6 appointment as chairperson or deputy chairperson. 7 (4) A vacancy arises in the office of chairperson or deputy 8 chairperson if the person holding the office-- 9 (a) resigns office by signed notice of resignation given to 10 the Minister; or 11 (b) ceases to be a member. 12 (5) A person resigning the office of chairperson or deputy 13 chairperson may continue to be a member. 14 (6) The deputy chairperson is to act as chairperson-- 15 (a) during a vacancy in the office of the chairperson; and 16 (b) during all periods when the chairperson is absent from 17 duty or for another reason can not perform the duties of 18 the office. 19 26 Conditions of appointment 20 (1) A member of a governing council holds office for the term, of 21 not more than 4 years, stated in the member's instrument of 22 appointment. 23 (2) A member is entitled to the fees and allowances fixed by the 24 Governor in Council, and otherwise holds office under the 25 conditions of appointment fixed by the Governor in Council. 26 27 Vacation of office of governing council member 27 The office of a member of a governing council becomes 28 vacant if the member-- 29 Page 31
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 28] (a) resigns office by signed notice of resignation given to 1 the Minister; or 2 (b) is removed from office as a member under section 28. 3 28 Removal from office of governing council members 4 The Governor in Council may remove a member from office 5 if-- 6 (a) the member is or becomes an insolvent under 7 administration under the Corporations Act, section 9; or 8 (b) the member is disqualified from managing corporations 9 under the Corporations Act, part 2D.6; or 10 (c) the member has been, or is, convicted of an indictable 11 offence; or 12 (d) the member has been, or is, convicted of an offence 13 against this Act; or 14 (e) the Minister recommends the removal because the 15 Minister is satisfied the member-- 16 (i) is incapable of performing the member's duties; or 17 (ii) has neglected the member's duties or performed 18 the member's duties incompetently; or 19 (iii) has been absent without permission of the 20 governing council from 3 consecutive meetings of 21 which due notice was given. 22 29 Defects in appointment of members 23 A decision of a governing council is not invalidated by-- 24 (a) a defect or irregularity in the appointment of a member 25 of a governing council, including in the appointment of 26 the chairperson or deputy chairperson; or 27 (b) a vacancy in the membership of a governing council. 28 Page 32
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 30] Subdivision 3 Delegation by governing councils 1 30 Delegation by governing councils 2 (1) The governing council for a network may delegate the 3 network's functions under this Act and the Financial 4 Accountability Act 2009-- 5 (a) to a committee of the governing council if all of the 6 members of the committee are governing council 7 members; or 8 (b) to the network chief executive. 9 (2) The network chief executive, with the approval of the 10 governing council, may subdelegate the functions mentioned 11 in subsection (1) to an appropriately qualified network health 12 executive or network employee. 13 (3) In this section-- 14 appropriately qualified includes having the qualifications, 15 experience or standing appropriate to the exercise of the 16 power. 17 Example of standing-- 18 the person's classification level or how senior the person is in the 19 network 20 Subdivision 4 Conduct of business 21 31 Members to act in public interest 22 A member of a governing council is to act impartially and in 23 the public interest in performing the member's duties. 24 32 Conduct of business by governing councils 25 A governing council is to conduct its business in the way 26 stated in schedule 2. 27 Page 33
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 33] Division 3 Network chief executives 1 33 Appointment of network chief executives 2 (1) A network's governing council must appoint a network chief 3 executive to manage the network. 4 (2) The appointment is not effective until it is approved by the 5 Minister. 6 (3) The person appointed as the network chief executive must 7 also be appointed as a health executive. 8 (4) The network chief executive is subject to the network's 9 governing council in exercising the network chief executive's 10 powers or performing the network chief executive's functions. 11 (5) Subsection (4) does not apply to employment matters relating 12 to network employees. 13 34 Delegation by network chief executive 14 (1) A network chief executive may delegate the network chief 15 executive's functions under this Act to an appropriately 16 qualified network health executive or network employee. 17 (2) However, the network chief executive must not delegate the 18 authorisation to disclose confidential information in the public 19 interest under section 160. 20 (3) In this section-- 21 appropriately qualified includes having the qualifications, 22 experience or standing appropriate to the exercise of the 23 power. 24 Example of standing-- 25 the person's classification level or how senior the person is in the 26 network 27 Page 34
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 35] Division 4 Service agreements, engagement 1 strategies and protocols 2 35 Chief executive and network must enter into service 3 agreements 4 (1) The chief executive and a network must enter into a service 5 agreement for the network. 6 (2) The chairperson of the network's governing council must sign 7 the agreement on behalf of the network. 8 (3) A service agreement is binding on the chief executive and the 9 network. 10 36 Term of service agreement 11 A service agreement must be for a term of not longer than 3 12 years. 13 37 Negotiations for service agreement 14 (1) For the first service agreement, the chief executive and the 15 network must enter into negotiations immediately after the 16 commencement of this section. 17 (2) For a new service agreement, the chief executive and the 18 network must enter into negotiations at least 6 months before 19 the expiry of the existing service agreement. 20 38 Minister may decide on terms of service agreement 21 (1) This section applies if the chief executive and the network can 22 not agree on some or all of the terms of a service agreement-- 23 (a) for the first agreement after the commencement of this 24 section--by a date prescribed by regulation; or 25 (b) for a service agreement that is to replace an existing 26 service agreement on its expiry--at least 1 month before 27 the expiry of the existing agreement. 28 Page 35
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 39] (2) The chief executive and the network are to immediately 1 advise the Minister-- 2 (a) that they can not agree; and 3 (b) of the terms of the agreement on which they can not 4 agree. 5 (3) The Minister must decide the terms and advise the chief 6 executive and the network of the terms. 7 (4) The chief executive and the network must include the terms 8 decided by the Minister in the agreement. 9 39 Procedure to amend service agreement 10 (1) If the chief executive or the network wants to amend the terms 11 of a service agreement, the party that wants to amend the 12 agreement must give written notice of the proposed 13 amendment to the other party. 14 (2) If the chief executive and the network can not agree on the 15 terms of the amendment, the party wanting the amendment 16 must immediately advise the Minister-- 17 (a) that they can not agree; and 18 (b) of the terms on which they can not agree. 19 (3) The Minister must decide the terms and advise the chief 20 executive and the network of the terms. 21 (4) For subsection (3), the Minister may decide that the 22 amendment should not be made. 23 (5) The chief executive and the network must include any terms 24 decided by the Minister in the agreement. 25 40 Engagement strategies 26 (1) A network must develop and publish the following 27 strategies-- 28 Page 36
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 41] (a) a strategy (a clinician engagement strategy) to promote 1 consultation with health professionals working in the 2 network; and 3 (b) a strategy (a consumer and community engagement 4 strategy) to promote consultation with health consumers 5 and members of the community about the provision of 6 health services by the network. 7 (2) The network must consult with the following persons in 8 developing the strategies-- 9 (a) for the clinician engagement strategy--health 10 professionals working in the network; 11 (b) for the consumer and community engagement 12 strategy--health consumers and members of the 13 community. 14 (3) Each of the strategies must-- 15 (a) satisfy any requirements prescribed by regulation for 16 that strategy; and 17 (b) be published in a way that allows the strategy to be 18 accessed by members of the public, including, for 19 example, on the internet. 20 41 Review of strategies 21 (1) A network must complete a review of each strategy mentioned 22 in section 40 within 3 years after it is made and afterwards 23 within 3 years after the previous review. 24 (2) The network must consult with the following persons in 25 reviewing a strategy-- 26 (a) for the clinician engagement strategy--health 27 professionals working in the network; 28 (b) for the consumer and community engagement 29 strategy--health consumers and members of the 30 community. 31 (3) If a strategy is amended as a result of the review, the network 32 must publish the amended strategy in a way that allows it to 33 Page 37
Health and Hospitals Network Bill 2011 Part 2 Local Health and Hospital Networks [s 42] be accessed by members of the public, including, for example, 1 on the internet. 2 42 Protocol with primary healthcare organisations 3 (1) A network must use its best endeavours to agree on a protocol 4 with local primary healthcare organisations to promote 5 cooperation between the network and the organisations in the 6 planning and delivery of health services. 7 (2) A protocol must-- 8 (a) satisfy any requirements prescribed by regulation for the 9 protocol; and 10 (b) be published in a way that allows the protocol to be 11 accessed by members of the public, including, for 12 example, on the internet. 13 43 Review of protocol 14 (1) A network must use its best endeavours to complete a review 15 of a protocol within 3 years after it is made and afterwards 16 within 3 years after the previous review. 17 (2) The review must be conducted with the local primary 18 healthcare organisations. 19 (3) If a protocol is amended as a result of the review, the network 20 must publish the amended protocol in a way that allows it to 21 be accessed by members of the public, including, for example, 22 on the internet. 23 Division 5 Directions by Minister 24 44 Minister may give directions to network 25 (1) The Minister may give a network a written direction about a 26 matter relevant to the performance of its functions under this 27 Act, if the Minister is satisfied it is necessary to do so in the 28 public interest. 29 Page 38
Health and Hospitals Network Bill 2011 Part 3 Functions of chief executive and chief health officer [s 45] (2) Without limiting subsection (1), the Minister may direct a 1 network to give the Minister stated reports and information. 2 (3) However, the Minister may not give a direction about-- 3 (a) the health services provided, or to be provided, to a 4 particular person; or 5 (b) the employment of a particular person. 6 (4) A network must comply with a direction given by the 7 Minister. 8 (5) A network's annual report under the Financial Accountability 9 Act 2009 for a financial year must include a statement about 10 the directions given by the Minister to the network during the 11 financial year. 12 Part 3 Functions of chief executive 13 and chief health officer 14 Division 1 Chief executive 15 45 Functions of chief executive 16 The chief executive has the following functions-- 17 (a) to provide strategic leadership and direction for the 18 delivery of public sector health services in the State; 19 (b) to promote the effective and efficient use of available 20 resources in the delivery of public sector health services 21 in the State; 22 (c) to develop State-wide health service plans, workforce 23 plans and capital works plans; 24 (d) to manage the land, buildings and other assets owned by 25 the State for which the chief executive is responsible; 26 Page 39
Health and Hospitals Network Bill 2011 Part 3 Functions of chief executive and chief health officer [s 46] (e) to manage capital works for proposed public sector 1 health service facilities; 2 (f) to employ staff and manage State-wide industrial 3 relations, including the negotiation of certified 4 agreements, and making applications to make or vary 5 awards; 6 (g) to establish the terms and conditions of employment for 7 health service employees; 8 (h) to deliver specialised health services; 9 (i) to arrange for the provision of health services to public 10 patients in private health facilities; 11 (j) to develop and issue health service directives to apply to 12 the networks; 13 (k) to enter into service agreements with the networks; 14 (l) to provide support services to networks; 15 (m) to monitor and promote improvements in the quality of 16 health services delivered by networks; 17 (n) to monitor the performance of networks, and take 18 remedial action when performance does not meet the 19 expected standard; 20 (o) to receive and validate performance data and other data 21 provided by networks; 22 (p) to provide performance data and other data to the 23 Commonwealth, or an entity established under an Act of 24 the Commonwealth; 25 (q) other functions given to the chief executive under this 26 Act or another Act. 27 46 Delegation by chief executive 28 (1) The chief executive may delegate the chief executive's 29 functions under this Act to a network chief executive or an 30 appropriately qualified employee of the department. 31 (2) However, the chief executive must not delegate the function-- 32 Page 40
Health and Hospitals Network Bill 2011 Part 3 Functions of chief executive and chief health officer [s 46] (a) to enter into a service agreement with a network; or 1 (b) to authorise the disclosure of confidential information in 2 the public interest under section 160; or 3 (c) to issue a health service directive. 4 (3) Subsection (4) applies if the chief executive is considering 5 whether, and the extent to which, to delegate to a network 6 chief executive a matter that affects employees. 7 (4) The chief executive must have regard to the network's 8 capacity and capability to effectively administer the human 9 resource management and industrial relations processes for 10 employees. 11 (5) A network chief executive, with the written approval of the 12 chief executive, may subdelegate a function delegated to the 13 network chief executive under subsection (1) to an 14 appropriately qualified network health executive or network 15 employee. 16 (6) A health executive in the department, with the written 17 approval of the chief executive, may subdelegate a function 18 delegated to the health executive under subsection (1) to an 19 appropriately qualified departmental employee. 20 (7) In this section-- 21 appropriately qualified includes having the qualifications, 22 experience or standing appropriate to the exercise of the 23 power. 24 Example of standing-- 25 the person's classification level or how senior the person is in the 26 department 27 Page 41
Health and Hospitals Network Bill 2011 Part 3 Functions of chief executive and chief health officer [s 47] Division 2 Chief executive may issue health 1 service directives 2 47 Health service directives 3 (1) The chief executive may develop and issue health service 4 directives to networks for the following-- 5 (a) promoting service coordination and integration in the 6 delivery of health services-- 7 (i) between networks; and 8 (ii) between networks, the department and other 9 service providers; 10 (b) optimising the effective and efficient use of available 11 resources in the delivery of health services; 12 (c) setting standards and policies for the safe and high 13 quality delivery of health services; 14 (d) ensuring consistent approaches to the delivery of health 15 services, employment and the delivery of support 16 services; 17 (e) supporting the application of public sector policies, 18 State and Commonwealth Acts, and agreements entered 19 into by the State. 20 (2) Without limiting subsection (1), health service directives may 21 be about the following-- 22 (a) standards and policies for the healthcare rights of users 23 of public sector health services; 24 (b) standards and policies for improving the quality of 25 health services; 26 (c) the terms and conditions of employment for health 27 service employees; 28 (d) the use by networks of support services provided by the 29 department, other departments or other networks; 30 Page 42
Health and Hospitals Network Bill 2011 Part 3 Functions of chief executive and chief health officer [s 47] (e) the purchasing of goods and services under contracts 1 and agreements entered into by the department, other 2 departments or other networks; 3 (f) the provision of information to the chief executive and 4 other entities; 5 (g) responding to public health emergencies; 6 (h) the setting of fees and charges, including for the 7 provision of services to private patients, for residential 8 care, and for the supply of pharmaceuticals; 9 (i) other matters prescribed under a regulation. 10 (3) Health service directives may apply to all networks, some 11 networks, or a stated type of public sector health service 12 facility or public sector health service. 13 (4) If a health service directive about the terms and conditions of 14 employment for health service employees is inconsistent with 15 an industrial instrument, the industrial instrument prevails to 16 the extent of the inconsistency. 17 (5) Subsection (4) does not apply if the terms and conditions of 18 employment in the health service directive are more 19 favourable to the employee than those in the industrial 20 instrument. 21 (6) In this section-- 22 delivery, of health services, includes-- 23 (a) matters that support the delivery of health services, 24 including-- 25 (i) the establishment and operation of clinical 26 networks; and 27 (ii) the training of health professionals in public sector 28 health service facilities; and 29 (iii) the engagement of independent contractor visiting 30 medical officers or other contracted health 31 professionals; and 32 Page 43
Health and Hospitals Network Bill 2011 Part 3 Functions of chief executive and chief health officer [s 48] (iv) private practice arrangements for health 1 professionals; and 2 (v) the management of information, including the way 3 in which information is captured, collated, shared 4 and reported; and 5 (vi) research, innovation and the application of 6 intellectual property; and 7 (b) undertaking capital works for proposed public sector 8 health service facilities; and 9 (c) the provision of health services to public patients in 10 private health facilities. 11 48 Consultation on health service directives 12 In developing a health service directive that applies to a 13 network, the chief executive must consult with the network. 14 49 Publication of health service directives 15 A health service directive must be published in a way that 16 allows the directive to be accessed by members of the public, 17 including, for example, on the internet. 18 50 Health service directives binding 19 A health service directive is binding on the network to which 20 it relates. 21 51 Review of health service directives 22 (1) The chief executive must complete a review of a health 23 service directive within 3 years after it is made and afterwards 24 within 3 years after the previous review. 25 (2) In reviewing a directive, the chief executive must consult with 26 a network for a directive that applies to the network. 27 Page 44
Health and Hospitals Network Bill 2011 Part 3 Functions of chief executive and chief health officer [s 52] (3) If a directive is amended as a result of the review, the chief 1 executive must publish the amended directive in a way that 2 allows it to be accessed by members of the public, including, 3 for example, on the internet. 4 Division 3 Chief health officer 5 52 Chief health officer 6 (1) There is to be a chief health officer for the State. 7 (2) The chief health officer is to be employed as a public service 8 officer or as a health service employee. 9 (3) The chief health officer must be a medical practitioner. 10 53 Functions of chief health officer 11 The functions of the chief health officer are-- 12 (a) to provide high level medical advice to the chief 13 executive and the Minister on health issues, including 14 policy and legislative matters associated with the health 15 and safety of the Queensland public; and 16 (b) any functions given to the chief health officer by the 17 chief executive; 18 (c) other functions under this or another Act. 19 Page 45
Health and Hospitals Network Bill 2011 Part 4 Performance reporting and auditing [s 54] Part 4 Performance reporting and 1 auditing 2 Division 1 Performance reporting 3 54 Chief executive may provide data to Commonwealth 4 (1) Subsection (2) applies to performance data and other data 5 provided by a network to the chief executive-- 6 (a) under the service agreement between the chief executive 7 and the network; or 8 (b) under a health service directive. 9 (2) The chief executive may validate the data and provide relevant 10 data to-- 11 (a) the Commonwealth; or 12 (b) an entity established under an Act of the 13 Commonwealth. 14 (3) In this section-- 15 relevant data means data the State and Commonwealth have 16 agreed is to be provided to-- 17 (a) the Commonwealth; or 18 (b) an entity established under an Act of the 19 Commonwealth. 20 Division 2 Health service audits 21 55 Function of health service auditors 22 (1) The function of a health service auditor is to conduct health 23 service audits. 24 (2) In this section-- 25 Page 46
Health and Hospitals Network Bill 2011 Part 4 Performance reporting and auditing [s 56] efficient price means the cost of providing a particular health 1 service as stated by an entity established under an Act of the 2 Commonwealth to provide advice on the funding of health 3 services. 4 health service audit means an audit-- 5 (a) to examine the accuracy of performance data and other 6 data reported by a network or a manager of a specialised 7 health service; or 8 (b) to investigate the circumstances leading to an inability 9 of a network or a specialised health service to meet any 10 performance measures applying to the network or 11 service; or 12 Example-- 13 an audit to investigate the circumstances leading to an inability 14 of a network to provide services at an efficient price 15 (c) to investigate any other matter to promote the effective 16 and efficient use of available resources in the delivery of 17 public sector health services. 18 56 Appointment of health service auditors 19 (1) The chief executive (the appointer) may, in writing, appoint a 20 person as a health service auditor to undertake a health service 21 audit in the department or a network. 22 (2) A network chief executive (also the appointer) may, in 23 writing, appoint a person as a health service auditor to 24 undertake a health service audit in the network. 25 (3) However, the appointer may appoint a person as a health 26 service auditor only if the appointer is satisfied the person is 27 qualified for appointment because the person has the 28 necessary expertise or experience. 29 57 Appointment conditions and limit on powers 30 (1) A health service auditor holds office on any conditions stated 31 in-- 32 Page 47
Health and Hospitals Network Bill 2011 Part 4 Performance reporting and auditing [s 58] (a) the auditor's instrument of appointment; or 1 (b) a signed notice given to the auditor; or 2 (c) a regulation. 3 (2) The instrument of appointment, a signed notice given to the 4 auditor or a regulation may limit the auditor's powers. 5 (3) In this section-- 6 signed notice means a notice signed by the appointer. 7 58 When office ends 8 (1) The office of a person as a health service auditor ends if any of 9 the following happens-- 10 (a) the term of office stated in a condition of office ends; 11 (b) under another condition of office, the office ends; 12 (c) the auditor's resignation under section 59 takes effect. 13 (2) Subsection (1) does not limit the ways the office of a person as 14 an auditor ends. 15 (3) In this section-- 16 condition of office means a condition under which the auditor 17 holds office. 18 59 Resignation 19 (1) A health service auditor may resign by signed notice given to 20 the appointer. 21 (2) However, if holding office as an auditor is a condition of the 22 auditor holding another office, the auditor may not resign as 23 an auditor without resigning from the other office. 24 60 Powers of health service auditors 25 (1) A health service auditor may enter a public sector health 26 service facility at any time the facility is open for business or 27 otherwise open for entry. 28 Page 48
Health and Hospitals Network Bill 2011 Part 4 Performance reporting and auditing [s 61] (2) A health service auditor may, in the exercise of the auditor's 1 functions, ask a network health executive or an employee of 2 the department, including a network employee, to give to the 3 auditor a document, including a document containing 4 confidential information, that-- 5 (a) is relevant to the auditor's functions; and 6 (b) is in the possession or control of the network health 7 executive or employee. 8 (3) The network health executive or employee must comply with 9 the request. 10 (4) If requested by the network health executive or employee, the 11 health service auditor must produce the auditor's instrument 12 of appointment to the network health executive or employee. 13 (5) The health service auditor may make copies of, and take 14 extracts from, the document. 15 (6) In this section-- 16 confidential information means any information that-- 17 (a) is about a person who is receiving or has received a 18 public sector health service; and 19 (b) could identify the person. 20 61 Giving health service auditor false or misleading 21 information 22 (1) A person must not, in relation to a health service audit, give a 23 health service auditor information, or a document containing 24 information, that the person knows is false or misleading in a 25 material particular. 26 Maximum penalty--100 penalty units. 27 (2) Subsection (1) applies to information or a document given in 28 relation to a health service audit whether or not the 29 information or document was given in response to a specific 30 power under this division. 31 Page 49
Health and Hospitals Network Bill 2011 Part 4 Performance reporting and auditing [s 62] 62 Obstructing health service auditor 1 (1) A person must not obstruct a health service auditor exercising 2 a power unless the person has a reasonable excuse. 3 Maximum penalty--100 penalty units. 4 (2) If a person has obstructed a health service auditor and the 5 auditor decides to proceed with the exercise of the power, the 6 auditor must warn the person that-- 7 (a) it is an offence to cause an obstruction unless the person 8 has a reasonable excuse; and 9 (b) the auditor considers the person's conduct an 10 obstruction. 11 (3) In this section-- 12 obstruct includes assault, hinder, resist, attempt to obstruct 13 and threaten to obstruct. 14 63 Duty of confidentiality of health service auditors 15 (1) This section applies to a person who-- 16 (a) is or has been a health service auditor; and 17 (b) in that capacity was given information. 18 (2) The person must not disclose the information to anyone else. 19 Maximum penalty--100 penalty units. 20 (3) However, the person may disclose the information to 21 someone else-- 22 (a) to the extent necessary to perform the person's functions 23 under or in relation to this Act; or 24 (b) if the person to whom the information relates consents 25 in writing to the disclosure; or 26 (c) if the disclosure is otherwise required or permitted by 27 another Act or law. 28 (4) Also, the person may disclose the information to someone 29 else if-- 30 Page 50
Health and Hospitals Network Bill 2011 Part 4 Performance reporting and auditing [s 64] (a) the disclosure is to-- 1 (i) the relevant chief executive; or 2 (ii) another person authorised in writing by the 3 relevant chief executive to receive the information; 4 and 5 (b) the purpose of the disclosure under this section is to 6 allow further disclosure of the information under section 7 160. 8 64 Reports by health service auditors 9 (1) A health service auditor must prepare and provide a report to 10 the appointer for each health service audit. 11 (2) The report may include recommendations about-- 12 (a) ways in which the accuracy of performance data and 13 other data provided by a network or a specialised health 14 service may be improved; or 15 (b) ways in which the performance of a network or a 16 specialised health service may be improved; or 17 (c) whether stated public sector health services should-- 18 (i) continue to be provided by a network or a 19 specialised health service; or 20 (ii) be transferred to a network or other entity; or 21 (iii) be discontinued. 22 (3) Subsection (4) applies to a report provided to the chief 23 executive after a health service audit in a network. 24 (4) After considering the report, the chief executive may issue a 25 direction to a network. 26 (5) The network must comply with the direction. 27 (6) Subsection (7) applies to a report provided-- 28 (a) to the chief executive after a health service audit in the 29 department; or 30 Page 51
Health and Hospitals Network Bill 2011 Part 5 Health service employees [s 65] (b) to a network chief executive after a health service audit 1 in the network. 2 (7) After considering the report, the chief executive or network 3 chief executive may take the action he or she considers 4 appropriate in relation to the matters identified in the report. 5 65 Chief executive may request report from network chief 6 executive 7 (1) This section applies if a report is provided to a network chief 8 executive after a health service audit in a network. 9 (2) If requested by the chief executive, the network chief 10 executive must give a copy of the report to the chief executive. 11 Part 5 Health service employees 12 Division 1 General 13 66 Conditions of employment 14 (1) The conditions of employment for a health service employee, 15 other than for a health executive, are governed by-- 16 (a) this Act; and 17 (b) the applied Public Service law; and 18 (c) an industrial instrument that applies to the employee; 19 and 20 (d) health service directives; and 21 (e) if the employee is appointed on a contract for a fixed 22 term--the employee's contract. 23 (2) A health executive's conditions of employment are governed 24 by-- 25 Page 52
Health and Hospitals Network Bill 2011 Part 5 Health service employees [s 67] (a) this Act; and 1 (b) the applied Public Service law; and 2 (c) health service directives; and 3 (d) the health executive's contract. 4 (3) The chief executive may decide that a particular health service 5 employee's conditions of employment are to be more 6 favourable than those contained in an industrial instrument 7 that applies to the employee. 8 67 Appointment of health service employees 9 (1) The chief executive may appoint a person as a health service 10 employee in the department, including as a network 11 employee. 12 (2) A network may appoint a person as a health executive in the 13 network. 14 (3) Appointment as a health service employee may be-- 15 (a) on tenure; or 16 (b) on contract for a fixed term, including as a health 17 executive; or 18 (c) on a temporary basis; or 19 (d) on a casual basis. 20 (4) An appointment under this section may be for full-time or 21 part-time employment. 22 68 Contracted health service employees other than health 23 executives 24 (1) This section applies to a health service employee other than a 25 health executive. 26 (2) A person appointed on a contract for a fixed term must enter 27 into a written contract of employment with the chief 28 executive. 29 Page 53
Health and Hospitals Network Bill 2011 Part 5 Health service employees [s 69] 69 Health service employees not public service employees 1 A health service employee is employed under this Act and not 2 under the Public Service Act 2008. 3 Division 2 Health executive service 4 70 Health executive service continued 5 The health executive service established under the repealed 6 Act is continued under this Act. 7 71 Purpose of health executive service 8 The purpose of the health executive service is to promote 9 effectiveness and efficiency in the delivery of public sector 10 health services by attracting, developing and retaining a core 11 of mobile, highly skilled health executives. 12 72 Principles of health executive service employment 13 Employment in the health executive service is to be directed 14 towards ensuring that health executives-- 15 (a) develop a State-wide perspective about the delivery of 16 public sector health services; and 17 (b) continue their executive development; and 18 (c) develop their skills through their deployment in 19 networks and the department. 20 73 Composition of health executive service 21 The health executive service consists of the following-- 22 (a) the network chief executives; 23 (b) other persons appointed under section 67 as health 24 executives in networks or the department. 25 Page 54
Health and Hospitals Network Bill 2011 Part 5 Health service employees [s 74] 74 Basis of employment for health executives 1 (1) Each person appointed as a health executive must enter into a 2 written contract of employment with the following-- 3 (a) for a network health executive, other than the network 4 chief executive--the network chief executive; 5 (b) for a health executive in the department--the chief 6 executive; 7 (c) for a network chief executive--the chairperson of the 8 governing council for the network. 9 (2) The contract of employment must state-- 10 (a) the term, of not longer than 5 years, of the person's 11 employment; and 12 (b) that, if the person's employment as a health executive 13 continues to the end of the term, a further contract may 14 be entered into under this section; and 15 (c) the person's functions; and 16 (d) that the person must meet any performance criteria 17 stated in the contract; and 18 (e) the person's classification level, and the remuneration to 19 which the person is entitled. 20 (3) A health executive may resign by written notice of resignation 21 given, at least 1 month before the notice is to take effect, to the 22 person with whom the health executive entered into the 23 contract of employment. 24 (4) A health executive's appointment and contract of employment 25 may be terminated by the network or department that 26 appointed the health executive by written notice given to the 27 health executive at least 1 month before it is to take effect. 28 (5) For subsection (4), the termination of the appointment and 29 contract of employment of a network chief executive is not 30 effective until it is approved by the Minister. 31 Page 55
Health and Hospitals Network Bill 2011 Part 5 Health service employees [s 75] 75 Exclusion of certain matters from review under other 1 Acts 2 (1) An excluded matter, or a matter affecting or relating to an 3 excluded matter, is not an industrial matter for the Industrial 4 Relations Act 1999. 5 (2) However, this section has no effect on the Industrial Relations 6 Act 1999, section 276. 7 Note-- 8 The Industrial Relations Act 1999, section 276 allows the commission 9 to amend or declare void a contract, wholly or partly, in the 10 circumstances stated in the section. 11 (3) Without limiting subsection (1), industrial instruments do not 12 apply to a health executive. 13 (4) A decision about an excluded matter can not be challenged, 14 appealed against, reviewed, quashed, set aside, or called in 15 question in another way, under the Judicial Review Act 1991. 16 (5) In this section-- 17 excluded matter means-- 18 (a) a decision to appoint, or not to appoint, a person as a 19 health executive; or 20 (b) the contract of employment of, or the application of this 21 part or a provision of this part to, a health executive; or 22 (c) the termination of the contract of employment of the 23 health executive. 24 76 Fixing of remuneration packages and classification levels 25 for health executives 26 (1) The chief executive may from time to time fix-- 27 (a) the remuneration packages for health executives; and 28 (b) the classification levels at which they are to be 29 employed; and 30 (c) the terms and conditions of their contracts. 31 Page 56
Health and Hospitals Network Bill 2011 Part 5 Health service employees [s 77] (2) In exercising the chief executive's powers under subsection 1 (1), the chief executive may have regard to-- 2 (a) the remuneration packages and classification levels for 3 public sector employees employed in Queensland or 4 other States; and 5 (b) the remuneration arrangements for similar private sector 6 employees employed in Queensland. 7 Division 3 Other provisions relating to health 8 service employees 9 77 Redeployment or secondment to lower classification 10 level 11 (1) A health service employee may be redeployed or seconded at 12 a lower classification level only if the person consents to the 13 redeployment or secondment. 14 (2) However, subsection (1) does not prevent redeployment or 15 secondment to a lower classification level as a result of 16 disciplinary action against the employee. 17 78 Transfer of health service employees or network health 18 executives 19 (1) If a network health executive or other health service employee 20 is transferred, the transfer has effect unless the executive or 21 employee establishes reasonable grounds for refusing the 22 transfer to the satisfaction of the relevant employer. 23 (2) If the executive or employee refuses the transfer after failing 24 to establish reasonable grounds for refusing the transfer to the 25 relevant employer's satisfaction, the relevant employer may 26 end the executive's or employee's employment by signed 27 notice given to the executive or employee. 28 (3) If the executive or employee establishes reasonable grounds 29 to the relevant employer's satisfaction-- 30 (a) the transfer is cancelled; and 31 Page 57
Health and Hospitals Network Bill 2011 Part 5 Health service employees [s 79] (b) the refusal must not be used to prejudice the executive's 1 or employee's prospects for future promotion or 2 advancement. 3 (4) Subsection (5) applies to the transfer of a network health 4 executive, or another health service employee if the employee 5 is employed on contract for a fixed term. 6 (5) The transfer has effect despite anything in the contract under 7 which the executive or employee is employed. 8 79 Entitlement on ending of particular employment 9 contracts 10 (1) This section applies if-- 11 (a) a health service employee is employed on contract other 12 than as a health executive; and 13 (b) the contract-- 14 (i) is terminated other than by disciplinary action; or 15 (ii) expires and is not renewed or replaced by another 16 contract of employment as a health service 17 employee other than as a health executive; and 18 (c) when the employee was first employed under the 19 contract, or an earlier continuous contract of 20 employment as a health service employee other than as a 21 health executive, the employee was employed on tenure. 22 (2) The employee becomes a health service employee on tenure. 23 (3) The employee is to be employed-- 24 (a) at the classification level at which the employee would 25 have been employed if the employee had continued in 26 employment as a health service employee on tenure; and 27 (b) on the remuneration to which the employee would have 28 been entitled if the employee had continued in 29 employment as a health service employee on tenure. 30 Page 58
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 80] 80 Action if health service employee is surplus to needs 1 (1) This section applies if the chief executive believes a health 2 service employee is surplus to the needs of the department or 3 a network because-- 4 (a) more employees are employed than are needed for the 5 effective, efficient and appropriate performance of the 6 functions of the department or the network; or 7 (b) the duties performed by the employee are no longer 8 required. 9 (2) The chief executive must take the action required under a 10 health service directive. 11 Part 6 Safety and quality 12 Division 1 Quality assurance committees 13 81 Purpose of division 14 The purpose of this division is to improve the safety and 15 quality of health services by providing protections for quality 16 assurance committees established under this division. 17 82 Establishment of quality assurance committees 18 (1) Any of the following may establish a quality assurance 19 committee-- 20 (a) for a matter relating to its functions-- 21 (i) a network; or 22 (ii) a professional association, society, college or other 23 entity whose functions relate to the provision of 24 health services or to the providers of health 25 services; 26 Page 59
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 82] (b) the chief executive for a matter relating to a network or 1 the department; 2 (c) the licensee of a private health facility for a matter 3 relating to health services provided in its facility. 4 (2) Two or more of the bodies mentioned in subsection (1) may 5 jointly establish a single committee. 6 (3) However, an entity must not establish a committee unless 7 satisfied-- 8 (a) if the committee is established by an entity other than an 9 individual--that the committee is established under a 10 resolution or in accordance with the rules or official 11 procedures of the entity; and 12 (b) that the committee's functions include the assessment 13 and evaluation of the quality of health services, the 14 reporting and making of recommendations concerning 15 those services and monitoring the implementation of its 16 recommendations; and 17 (c) that the committee comprises individuals with training 18 and experience appropriate to the services to be assessed 19 and evaluated by the committee; and 20 (d) that the exercise of the committee's functions would 21 benefit from the immunities and protections afforded by 22 this division. 23 (4) An entity mentioned in subsection (1)(a) and (c) must notify 24 the chief executive in the approved form of the establishment 25 of the committee under this section. 26 (5) For a committee established by the chief executive, the chief 27 executive must keep a record of its establishment in the 28 approved form. 29 (6) The chief executive must establish and maintain a register of 30 committees established under this section. 31 (7) The chief executive must make the register available for 32 inspection by members of the public on the department's 33 website. 34 Page 60
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 83] Editor's note-- 1 The department's website is
. 2 83 Restrictions on committees 3 (1) A committee is to have regard to the rules of natural justice in 4 so far as they are relevant to the functions of a committee. 5 (2) A report furnished, or information made available, by a 6 committee, must not disclose the identity of an individual who 7 is a provider or recipient of health services unless the 8 individual has consented in writing to that disclosure. 9 (3) However, a report may identify a provider in the copy of the 10 report given to the provider to enable the provider to comment 11 on the report. 12 84 Disclosure of information 13 (1) A person who is or was a member of a committee must not 14 disclose to someone else information acquired by the person 15 as a member of the committee, other than-- 16 (a) for the purpose of exercising the functions of a member 17 of the committee; or 18 (b) to members of another committee if the information is 19 relevant to the functions of the other committee; or 20 (c) to a prescribed patient safety entity under section 85; or 21 (d) if the person is a registered health practitioner--for 22 notifying the National Agency about information in 23 relation to a reasonable belief of the person that another 24 registered health practitioner has behaved in a way that 25 constitutes public risk notifiable conduct; or 26 (e) to comply with a requirement of an inspector made of 27 the person under this Act, if the requirement relates to 28 an offence under this division; or 29 (f) under a regulation made under section 91. 30 Maximum penalty--100 penalty units. 31 Page 61
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 85] (2) Also, a person who is or was a relevant person for a 1 committee must not disclose to someone else, information 2 acquired by the person as a relevant person for the committee, 3 other than-- 4 (a) for the purpose of helping the committee to perform its 5 functions; or 6 (b) to comply with a requirement of an inspector made of 7 the person under this Act, if the requirement relates to 8 an offence under this division. 9 Maximum penalty--100 penalty units. 10 85 Giving of reports and documents to patient safety entity 11 (1) A committee may give a copy of a report or other document to 12 a prescribed patient safety entity for an authorised purpose for 13 the entity. 14 (2) A person who performs functions for the entity-- 15 (a) must not give a copy of the report or other document to 16 anyone else; and 17 (b) must not disclose any information contained in the copy 18 of the report or other document to anyone else other than 19 for the authorised purpose for which the copy of the 20 report or document was given; and 21 (c) must not use the copy of the report or document, other 22 than for the authorised purpose for which the copy of 23 the report or document was given. 24 Maximum penalty--100 penalty units. 25 (3) In this section-- 26 authorised purpose, for a prescribed patient safety entity, 27 means a purpose prescribed under a regulation for the entity 28 that relates to the entity's responsibilities. 29 patient safety entity means an entity whose responsibilities 30 include the planning, implementation, management and 31 evaluation of patient safety initiatives and programs. 32 Page 62
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 86] prescribed patient safety entity means a patient safety entity 1 prescribed under a regulation. 2 86 Information about excluded notifiable conduct 3 (1) This section applies for the purpose of the Health Practitioner 4 Regulation National Law (Queensland), section 141(4)(d). 5 (2) Subsection (3) applies if-- 6 (a) a person is or was a member of a committee; and 7 (b) the person is a registered health practitioner; and 8 (c) the person forms a reasonable belief that another 9 registered health practitioner has behaved in a way that 10 constitutes excluded notifiable conduct; and 11 (d) the information that forms the basis of the reasonable 12 belief was acquired while the person was exercising 13 functions as a member of the committee. 14 (3) The person must not disclose the information that forms the 15 basis of the reasonable belief. 16 87 Protection for documents and information 17 (1) This section applies to-- 18 (a) a report or other document created by or for a 19 committee; or 20 (b) information contained in a report or other document 21 created by or for a committee; or 22 (c) information acquired by a person as a member of the 23 committee or as a relevant person for the committee. 24 (2) The document or information-- 25 (a) can not be accessed under any order, whether of a 26 judicial or administrative nature; and 27 (b) is not admissible in any proceeding, other than a 28 proceeding for an offence under this division. 29 Page 63
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 88] (3) A person must not, and can not be compelled to, produce the 1 document or information, or to give evidence relating to the 2 document or information, in any proceeding, other than a 3 proceeding for an offence under this division. 4 (4) In this section-- 5 order includes a direction or other process. 6 proceeding, includes-- 7 (a) a civil proceeding; or 8 (b) a criminal proceeding; or 9 (c) a disciplinary proceeding under the Health Practitioners 10 (Professional Standards) Act 1999 or a proceeding 11 under the Health Practitioner Regulation National Law. 12 88 Protection from liability 13 (1) A person who is or was a member of a committee, or relevant 14 person for a committee, is not civilly liable for an act done, or 15 omission made, honestly and without negligence under this 16 division. 17 (2) Without limiting subsection (1), if the act or omission 18 involves giving information-- 19 (a) in a proceeding for defamation, the person has a defence 20 of absolute privilege for publishing the information; and 21 (b) if the person would otherwise be required to maintain 22 confidentiality about the information given under an 23 Act, oath, or rule of law or practice, the person-- 24 (i) does not contravene the Act, oath, or rule of law or 25 practice by giving the information; and 26 (ii) is not liable to disciplinary action for giving the 27 information. 28 (3) If a person who is or was a member of a committee, or a 29 relevant person for a committee, incurs costs in defending 30 proceedings relating to a liability against which the person is 31 Page 64
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 89] protected under this section, the person must be indemnified 1 by-- 2 (a) if the chief executive established the committee--the 3 State; or 4 (b) if a network established the committee--the network; or 5 (c) if a professional association, society, college or other 6 entity established the committee--the entity that 7 established the committee; or 8 (d) if the licensee of a private health facility established the 9 committee--the licensee of the private health facility. 10 (4) For subsection (3), if the committee was established jointly by 11 the entities mentioned in subsection 3(a) to (d), the person 12 must be indemnified jointly by the entities responsible for 13 indemnifying the person. 14 89 Giving of information protected 15 (1) This section applies to a person who honestly and on 16 reasonable grounds gives information to a committee, or a 17 relevant person for a committee, for the committee's 18 functions. 19 (2) The person is not subject to any liability for giving the 20 information and no action, claim or demand may be taken or 21 made of or against the person for giving the information. 22 (3) Also, merely because the person gives the information, the 23 person can not be held to have-- 24 (a) breached any code of professional etiquette or ethics; or 25 (b) departed from accepted standards of professional 26 conduct. 27 (4) Without limiting subsections (2) and (3)-- 28 (a) in a proceeding for defamation, the person has a defence 29 of absolute privilege for publishing the information; and 30 Page 65
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 90] (b) if the person would otherwise be required to maintain 1 confidentiality about the information under an Act, oath, 2 or rule of law or practice, the person-- 3 (i) does not contravene the Act, oath, or rule of law or 4 practice by giving the information; and 5 (ii) is not liable to disciplinary action for giving the 6 information. 7 90 Information provider can not be compelled to give 8 particular information in evidence 9 A person can not be compelled to divulge or communicate in 10 a proceeding, or in compliance with a requirement under an 11 Act or legal process, any of the following-- 12 (a) whether or not the person gave information to a 13 committee or a relevant person for a committee; 14 (b) what information the person gave to a committee or a 15 relevant person for a committee; 16 (c) a document given by the person to a committee or a 17 relevant person for a committee that was created by the 18 person or another person for the committee; 19 (d) information the person was given, or questions the 20 person was asked, by a committee or a relevant person 21 for a committee. 22 91 Further responsibilities of committees 23 A regulation may make provision for-- 24 (a) the procedure of committees and the manner in which 25 they are to exercise their functions; and 26 (b) permitting or requiring committees to make specified 27 information available to the public; and 28 (c) permitting or requiring committees to give reports or 29 stated information concerning their activities to the 30 Minister, the chief executive or another entity. 31 Page 66
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 92] 92 Effect of provisions of division 1 If there is an inconsistency between the provisions of this 2 division and a provision of any other Act or law, the 3 provisions of this division prevail to the extent of the 4 inconsistency. 5 Division 2 Root cause analysis 6 Subdivision 1 Preliminary 7 93 Purpose of div 2 8 The purpose of this division is to facilitate the use of root 9 cause analysis as a quality improvement technique to assess 10 and respond to reportable events that happen while health 11 services are being provided. 12 94 Definitions for div 2 13 In this division-- 14 blameworthy act means any of the following-- 15 (a) an intentionally unsafe act; 16 (b) deliberate patient abuse; 17 (c) conduct that constitutes a criminal offence. 18 chain of events document see section 100(2). 19 commissioning authority see section 98. 20 coroner see the Coroners Act 2003, schedule 2. 21 health service facility means-- 22 (a) a public sector health service facility; or 23 (b) a private health facility. 24 RCA, of a reportable event, see section 95. 25 Page 67
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 95] RCA report see section 100(1). 1 RCA team means a group of persons appointed under section 2 98. 3 relevant health service, for a reportable event, means the 4 health service during the provision of which the reportable 5 event happened. 6 reportable event-- 7 (a) generally--means an event prescribed under a 8 regulation that happens while a health service is being 9 provided; or 10 (b) in relation to an RCA report or chain of events 11 document, means the reportable event to which the 12 report or document relates. 13 Root cause analysis, of a reportable event, see section 95. 14 95 Meaning of root cause analysis 15 (1) Root cause analysis or RCA, of a reportable event, means a 16 systematic process of analysis under which-- 17 (a) factors that contributed to the happening of the event 18 may be identified; and 19 (b) remedial measures that could be implemented to prevent 20 a recurrence of a similar event may be identified. 21 (2) However, a root cause analysis or RCA, of a reportable event, 22 does not include-- 23 (a) investigating the professional competence of a person in 24 relation to the event; or 25 (b) finding out who is to blame for the happening of the 26 event. 27 96 When is a health service provided 28 For this division, a health service is taken to be provided to a 29 person if-- 30 Page 68
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 97] (a) the service is provided to the person in a health service 1 facility; or 2 (b) the service is provided to the person by a health 3 professional at another place; or 4 (c) the person is undertaking care or treatment while 5 residing in the community. 6 97 Guiding principles for conduct of RCA of reportable 7 event 8 The principles intended to guide the conduct of an RCA of a 9 reportable event are the following-- 10 (a) reporting and acknowledging errors happening while a 11 health service is being provided is encouraged if people 12 do not fear blame or reprisal; 13 (b) people involved in providing health services should be 14 accountable for their actions; 15 (c) the focus of the RCA should be on identifying and 16 improving the policies, procedures or practices relating 17 to the provision of the health service that contributed to 18 the happening of the event, rather than on the conduct of 19 individuals; 20 (d) participation in the RCA should be voluntary; 21 (e) the benefits of conducting the RCA will be 22 maximised-- 23 (i) in an environment oriented towards learning from 24 analysing the event; and 25 (ii) if the RCA is conducted in a timely way; 26 (f) teamwork, good communication and sharing of 27 information by people involved in providing health 28 services should be fostered. 29 Page 69
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 98] Subdivision 2 RCA teams 1 98 Appointment of RCA team 2 Each of the following persons (a commissioning authority) 3 may appoint persons to be members of an RCA team to 4 conduct an RCA of a reportable event-- 5 (a) if the event happens while a public sector health service 6 is being provided by a network--the network chief 7 executive; 8 (b) if the event happens while a public sector health service 9 is being provided by the department--the chief 10 executive; 11 (c) if the event happens while a health service is being 12 provided by a private health facility--the individual 13 who has the day-to-day management of the facility or 14 the individual who has overall management 15 responsibility for the facility. 16 99 Requirements for appointment 17 (1) Before appointing persons to be members of an RCA team to 18 conduct an RCA of a reportable event, the commissioning 19 authority proposing to make the appointment must be satisfied 20 that-- 21 (a) the persons-- 22 (i) have the appropriate skills, knowledge and 23 experience to conduct an RCA of the event, having 24 regard to the nature of the event; and 25 (ii) were not directly involved in providing the relevant 26 health service; and 27 (b) the potential benefit in disclosing relevant information is 28 outweighed by the potential benefit of restricting 29 disclosure of the information under subdivision 5; and 30 Page 70
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 100] (c) the conduct of an RCA of the event would be helped by 1 the provision of immunities and protections provided to 2 persons under subdivision 6. 3 (2) In this section-- 4 relevant information means information that will be 5 compiled by the proposed RCA team in the conduct of an 6 RCA of the reportable event. 7 Subdivision 3 Reporting 8 100 RCA team's report and chain of events document 9 (1) An RCA team must, as soon as practicable after conducting 10 an RCA of a reportable event, prepare a report (the RCA 11 report) stating the following-- 12 (a) a description of the event; 13 (b) a statement of the factors the RCA team considers 14 contributed to the happening of the event; 15 (c) any recommendations about changes or improvements 16 in a policy, procedure or practice relating to the 17 provision of health services, to reduce the likelihood of, 18 or prevent, the same type of event happening again. 19 (2) In addition to the RCA report, the RCA team may prepare a 20 document (the chain of events document) that details, or 21 pictorially represents, the chain of events identified by the 22 RCA team as having led to the happening of the reportable 23 event. 24 (3) The RCA report or chain of events document must not contain the name or address of-- 26 25 (a) a person involved in providing the relevant health 27 service; or 28 (b) the person who received the relevant health service; or 29 (c) a member of the RCA team. 30 Page 71
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 101] 101 Reporting to commissioning authority 1 (1) The RCA team must, as soon as practicable after preparing 2 the RCA report, give the report to the commissioning 3 authority that appointed the RCA team members. 4 (2) If the RCA team prepares a chain of events document for the 5 reportable event, it must at the time of giving the RCA report 6 under subsection (1) also give the document to the 7 commissioning authority. 8 Subdivision 4 Stopping conduct of RCA of 9 reportable event 10 102 Stopping conduct of RCA of reportable event--RCA team 11 (1) This section applies if, while conducting an RCA of a 12 reportable event, the RCA team conducting the RCA 13 reasonably believes-- 14 (a) the event involves a blameworthy act; or 15 (b) the capacity of a person who was directly involved in 16 providing the relevant health service to safely and 17 effectively provide the service was impaired by alcohol 18 consumed, or a drug taken, by the person. 19 (2) The RCA team must-- 20 (a) stop conducting the RCA; and 21 (b) give written notice to the commissioning authority that 22 appointed the RCA team members that the RCA team 23 has stopped conducting the RCA. 24 (3) For subsection (2)(b), the notice-- 25 (a) must be in the approved form; and 26 (b) must not contain any information about why the RCA 27 team stopped conducting the RCA. 28 Page 72
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 103] 103 Stopping conduct of RCA of reportable 1 event--commissioning authority 2 (1) This section applies if-- 3 (a) persons have been appointed to be members of an RCA 4 team to conduct an RCA of a reportable event; and 5 (b) the commissioning authority that appointed the RCA 6 team members-- 7 (i) receives information that leads the commissioning 8 authority to reasonably believe-- 9 (A) the event involves a blameworthy act; or 10 (B) the capacity of a person who was directly 11 involved in providing the relevant health 12 service to safely and effectively provide the 13 service was impaired by alcohol consumed, 14 or a drug taken, by the person; or 15 (ii) becomes aware that a relevant entity has started an 16 investigation or assessment of, or enquiry into, the 17 event; or 18 (iii) later comes to the view that the event the basis of 19 the appointment is not a reportable event. 20 (2) If subsection (1)(b)(i) or (iii) applies, the commissioning 21 authority must, by written notice given to the RCA team, 22 direct it to stop conducting the RCA. 23 (3) If subsection (1)(b)(ii) applies, the commissioning authority 24 may, by written notice given to the RCA team, direct it to stop 25 conducting the RCA. 26 (4) For subsection (2) or (3), the notice given to the RCA team 27 must be in the approved form. 28 (5) Before acting under subsection (3), the commissioning 29 authority may consult with any relevant entity. 30 (6) In this section-- 31 relevant entity means-- 32 (a) the Health Quality and Complaints Commission; or 33 Page 73
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 104] (b) a coroner; or 1 (c) a board established under a health practitioner 2 registration Act; or 3 (d) the commissioner of the police service; or 4 (e) another entity that has the power under an Act of the 5 State, the Commonwealth or another State to deal with 6 the event. 7 Subdivision 5 Disclosure or release of information 8 104 Definition for sdiv 5 9 In this subdivision-- 10 information includes a document. 11 105 Disclosure of information--RCA team member or relevant 12 person 13 (1) A person who is or was a member of an RCA team must not 14 disclose to someone else information acquired by the person 15 as a member of the RCA team, other than for the purpose (an 16 authorised purpose) of-- 17 (a) the RCA team conducting an RCA of a reportable event; 18 or 19 (b) the RCA team preparing an RCA report, chain of events 20 document or safety and quality report; or 21 (c) the RCA team giving the commissioning authority that 22 appointed the RCA team members-- 23 (i) an RCA report or chain of events document under 24 section 101; or 25 (ii) a notice under section 102; or 26 (iii) a safety and quality report under section 106; or 27 Page 74
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 106] (d) the RCA team complying with a requirement of an 1 inspector made of the RCA team under this Act, if the 2 requirement relates to an offence under this division; or 3 (e) if the person is a registered health 4 practitioner--notifying the National Agency about 5 information in relation to a reasonable belief of the 6 person that another registered health practitioner has 7 behaved in a way that constitutes public risk notifiable 8 conduct. 9 Maximum penalty--100 penalty units. 10 (2) Also, a person who is or was a relevant person for an RCA 11 team must not disclose to someone else information acquired 12 by the person as a relevant person for the RCA team, other 13 than for an authorised purpose. 14 Maximum penalty--100 penalty units. 15 (3) In this section-- 16 information includes-- 17 (a) the identity of a member of the RCA team; and 18 (b) information from which a member of the RCA team 19 could be identified. 20 106 Disclosure of information--commissioning authority or 21 relevant person 22 (1) A person who is or was a commissioning authority must not 23 disclose to someone else information contained in an RCA 24 report or chain of events document, or give someone else a 25 copy of an RCA report or chain of events document, received 26 by the person under section 101, other than-- 27 (a) as required or permitted under sections 108 to 115; or 28 (b) as permitted under subsection (2). 29 Maximum penalty--100 penalty units. 30 (2) A commissioning authority may give a safety and quality 31 report prepared by, or for, the commissioning authority to-- 32 Page 75
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 106] (a) an individual involved in providing a health service to 1 which the report relates; or 2 (b) an entity with responsibilities for the management of 3 patient safety initiatives and programs for the relevant 4 health service. 5 (3) Also, a person who is or was a commissioning authority must 6 not disclose to someone else-- 7 (a) the identity of a member of an RCA team appointed by 8 the commissioning authority; or 9 (b) information from which a member of the RCA team 10 could be identified. 11 Maximum penalty--100 penalty units. 12 (4) Subsections (1) and (3) do not apply to-- 13 (a) the disclosure of information by a commissioning 14 authority that is necessary or incidental to the exercise 15 by the commissioning authority of its powers under this 16 division; or 17 (b) the disclosure of information by a person in compliance 18 with a requirement of an inspector made of the person 19 under this Act, if the requirement relates to an offence 20 under this division. 21 (5) Also, a person who is or was a relevant person for a 22 commissioning authority must not disclose to someone else 23 information acquired by the person as a relevant person for the 24 commissioning authority. 25 Maximum penalty--100 penalty units. 26 (6) Subsection (5) does not apply to-- 27 (a) the disclosure of information by a relevant person for a 28 commissioning authority for the purpose of helping the 29 commissioning authority exercise its powers under this 30 division; or 31 (b) the disclosure of information by a person in compliance 32 with a requirement of an inspector made of the person 33 Page 76
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 107] under this Act, if the requirement relates to an offence 1 under this division. 2 (7) This section does not authorise the attachment of a copy of an 3 RCA report or chain of events document to a safety and 4 quality report. 5 (8) In this section-- 6 safety and quality report means a report about the safety and 7 quality of the health service to which an RCA report relates 8 that is based on information contained in the RCA report. 9 107 Information about excluded notifiable conduct 10 (1) This section applies for the purpose of the Health Practitioner 11 Regulation National Law (Queensland), section 141(4)(d). 12 (2) An RCA team is an approved body under this Act. 13 (3) Subsection (4) applies if-- 14 (a) a person is or was a member of an RCA team; and 15 (b) the person is a registered health practitioner; and 16 (c) the person forms a reasonable belief that another 17 registered health practitioner has behaved in a way that 18 constitutes excluded notifiable conduct; and 19 (d) the information that forms the basis of the reasonable 20 belief was acquired while the person was exercising 21 functions as a member of the RCA team. 22 (4) The person must not disclose the information that forms the 23 basis of the reasonable belief. 24 108 Release of information to Health Quality and Complaints 25 Commission 26 (1) A commissioning authority must, as soon as practicable after 27 receiving an RCA report under section 101, give the Health 28 Quality and Complaints Commission-- 29 (a) a copy of the report; and 30 Page 77
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 109] (b) details of the name and address of the entity responsible 1 for providing the relevant health service. 2 (2) The commissioning authority need not comply with 3 subsection (1) if there is an agreement in force under section 4 110 relating to the report and details. 5 109 Release of information to chief health officer 6 (1) This section applies if a commissioning authority receives an 7 RCA report under section 101 and the reportable event 8 happened at a private health facility. 9 (2) The commissioning authority must, as soon as practicable 10 after receiving the report, give the following to the chief 11 health officer-- 12 (a) a copy of the report; 13 (b) details of the name and address of the private health 14 facility. 15 110 Release of information by chief health officer to Health 16 Quality and Complaints Commission 17 (1) This section applies if-- 18 (a) a commissioning authority complies with section 19 109(2); and 20 (b) the authority has a written agreement with the chief 21 health officer under which the chief health officer is 22 authorised to give a copy of the RCA report and details 23 mentioned in the subsection to the Health Quality and 24 Complaints Commission. 25 (2) The chief health officer must, as soon as practicable after 26 receiving the RCA report, give a copy of the report and details 27 to the Health Quality and Complaints Commission. 28 Page 78
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 111] 111 Release of information to director of mental health 1 (1) This section applies if a commissioning authority receives an 2 RCA report under section 101 and the relevant health service 3 for the reportable event is an authorised mental health service. 4 (2) The commissioning authority must, as soon as practicable 5 after receiving the report, give the following to the director of 6 mental health-- 7 (a) a copy of the report; 8 (b) details of the name and address of the authorised mental 9 health service. 10 (3) In this section-- 11 authorised mental health service means a health service 12 declared to be an authorised mental health service under the 13 Mental Health Act 2000, section 495. 14 112 Giving of copy of RCA report or chain of events 15 document--patient safety entity 16 (1) This section applies if the commissioning authority is-- 17 (a) a network chief executive; or 18 (b) the chief executive. 19 (2) The commissioning authority must give a copy of each RCA 20 report or chain of events document received by the 21 commissioning authority under section 101 to a prescribed 22 patient safety entity for an authorised purpose for the entity. 23 (3) At the time of giving a copy of an RCA report or chain of 24 events document to an entity under subsection (2), the 25 commissioning authority must also give the entity-- 26 (a) details of the reportable event; and 27 (b) details of the name and address of the entity responsible 28 for providing the relevant health service. 29 (4) A person who performs functions for the entity-- 30 Page 79
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 113] (a) must not give a copy of the report or document to 1 anyone else; and 2 (b) must not disclose any information contained in the copy 3 of the report or document, or information mentioned in 4 subsection (3), to anyone else other than for the 5 authorised purpose for which the copy of the report or 6 document was given; and 7 (c) must not use the copy of the report or document, and the 8 information mentioned in subsection (3), other than for 9 the authorised purpose for which the copy of the report 10 or document was given. 11 Maximum penalty--100 penalty units. 12 (5) An authorised purpose mentioned in subsection (4)(b) or (c) 13 does not include the disclosure of information contained in the 14 copy of the RCA report or chain of events document, or 15 information mentioned in subsection (3), that may lead to the 16 identification of-- 17 (a) a person involved in providing the relevant health 18 service; or 19 (b) the person who received the relevant health service. 20 (6) In this section-- 21 authorised purpose, for a prescribed patient safety entity, 22 means a purpose prescribed under a regulation for the entity 23 that relates to the entity's responsibilities. 24 patient safety entity means an entity whose responsibilities 25 include the planning, implementation, management and 26 evaluation of patient safety initiatives and programs for a 27 health service. 28 prescribed patient safety entity means a patient safety entity 29 prescribed under a regulation for a relevant health service. 30 113 Giving of copy of RCA report etc.--investigation under 31 the Coroners Act 2003 32 (1) This section applies if-- 33 Page 80
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 113] (a) a coroner is investigating the death of a person; and 1 (b) the death is a reportable event that happened while a 2 health service was being provided. 3 (2) This section also applies if-- 4 (a) a coroner is investigating the death of a person; and 5 (b) the coroner considers that a reportable event that 6 happened while a health service was being provided to 7 the person may be relevant to the investigation; and 8 (c) the reportable event is not the death. 9 (3) If the coroner, or a police officer helping the coroner to 10 investigate the death, asks a commissioning authority for the 11 relevant health service whether an RCA team has conducted 12 or is conducting an RCA of the reportable event, the 13 commissioning authority must respond to the query as soon as 14 practicable. 15 Maximum penalty--50 penalty units. 16 (4) Subsection (5) applies if-- 17 (a) an RCA of the reportable event has been conducted by 18 an RCA team; and 19 (b) an RCA report relating to the event has been given, 20 under section 101, to the commissioning authority that 21 appointed the RCA team members; and 22 (c) the commissioning authority has, under subsection (3), 23 received a query from the coroner or a police officer 24 helping the coroner to investigate the death. 25 (5) The commissioning authority must-- 26 (a) if the commissioning authority received the report 27 before receiving the query under subsection (3)--give a 28 copy of the report to the coroner or police officer as 29 soon as practicable after receiving the query; or 30 (b) if the commissioning authority had not received the 31 report before receiving the query under subsection 32 Page 81
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 113] (3)--give a copy of the report to the coroner or police 1 officer as soon as practicable after receiving the report. 2 Maximum penalty--50 penalty units. 3 (6) Subsection (7) applies if-- 4 (a) an RCA has been started by an RCA team in relation to 5 the reportable event; and 6 (b) the RCA team has, under section 102(2) or 103(2) or 7 (3), stopped conducting the RCA; and 8 (c) the commissioning authority has, under subsection (3), 9 received a query from the coroner or a police officer 10 helping the coroner to investigate the death. 11 (7) The commissioning authority must-- 12 (a) if the RCA team stopped conducting the RCA before the 13 commissioning authority received the query under 14 subsection (3)--give the coroner or police officer a stop 15 notice as soon as practicable after receiving the query; 16 or 17 (b) if the RCA team stops conducting the RCA after the 18 commissioning authority received the query under 19 subsection (3)--give the coroner or police officer a stop 20 notice as soon as practicable after the RCA team stops 21 conducting the RCA. 22 (8) In this section-- 23 stop notice means a written notice stating-- 24 (a) if the RCA team stopped conducting the RCA under 25 section 102(2)--that fact; or 26 (b) if the RCA team stopped conducting the RCA because 27 of a direction given by the commissioning authority 28 under section 103(2) or (3)-- 29 (i) that fact; and 30 (ii) the reasons for giving the direction. 31 Page 82
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 114] 114 Giving of information to Minister or chief executive 1 (1) The Minister or chief executive may, in relation to an RCA of 2 a reportable event, ask a commissioning authority-- 3 (a) whether an RCA report has been received by the 4 authority under section 101; and 5 (b) if an RCA report has been received by the authority 6 under section 101--for a copy of the report. 7 (2) The authority must comply with the request as soon as 8 practicable. 9 Maximum penalty--50 penalty units. 10 115 Giving of copy of, or information contained in, RCA 11 report--person who has sufficient personal or 12 professional interest 13 A commissioning authority may give a copy of an RCA report 14 received by the commissioning authority under section 101, or 15 information contained in the report, to a person who the 16 commissioning authority reasonably believes has a sufficient 17 personal or professional interest in the reportable event. 18 Subdivision 6 Protections 19 116 Protection from liability 20 (1) A person who is or was a member of an RCA team, or 21 relevant person for an RCA team, is not civilly liable for an 22 act done, or omission made, honestly and without negligence 23 under this division. 24 (2) Without limiting subsection (1), if the act or omission 25 involves giving information-- 26 (a) in a proceeding for defamation, the person has a defence 27 of absolute privilege for publishing the information; and 28 Page 83
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 117] (b) if the person would otherwise be required to maintain 1 confidentiality about the information given under an 2 Act, oath, or rule of law or practice, the person-- 3 (i) does not contravene the Act, oath, or rule of law or 4 practice by giving the information; and 5 (ii) is not liable to disciplinary action for giving the 6 information. 7 (3) If a person who is or was a member of an RCA team, or 8 relevant person for an RCA team, incurs costs in defending 9 proceedings relating to a liability against which the person is 10 protected under this section, the person must be indemnified 11 by-- 12 (a) if the chief executive appointed the RCA team 13 members--the State; or 14 (b) if a network chief executive appointed the RCA team 15 members--the network; or 16 (c) if the individual who has the day-to-day management of 17 a private health facility or the individual who has overall 18 management responsibility for the facility appointed the 19 RCA team members--the licensee of the private health 20 facility. 21 117 Giving of information protected 22 (1) This section applies to a person who honestly and on 23 reasonable grounds gives information to an RCA team, or a 24 relevant person for an RCA team, for the RCA team's conduct 25 of an RCA of a reportable event. 26 (2) The person is not subject to any liability for giving the 27 information and no action, claim or demand may be taken or 28 made of or against the person for giving the information. 29 (3) Also, merely because the person gives the information, the 30 person can not be held to have-- 31 (a) breached any code of professional etiquette or ethics; or 32 Page 84
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 118] (b) departed from accepted standards of professional 1 conduct. 2 (4) Without limiting subsections (2) and (3)-- 3 (a) in a proceeding for defamation, the person has a defence 4 of absolute privilege for publishing the information; and 5 (b) if the person would otherwise be required to maintain 6 confidentiality about the information under an Act, oath, 7 or rule of law or practice, the person-- 8 (i) does not contravene the Act, oath, or rule of law or 9 practice by giving the information; and 10 (ii) is not liable to disciplinary action for giving the 11 information. 12 118 Information provider can not be compelled to give 13 particular information in evidence 14 A person can not be compelled to divulge or communicate in 15 a proceeding, or in compliance with a requirement under an 16 Act or legal process, any of the following-- 17 (a) whether or not the person gave information to an RCA 18 team, or a relevant person for an RCA team, for its 19 conduct of an RCA of a reportable event; 20 (b) what information the person gave to an RCA team, or a 21 relevant person for an RCA team, for its conduct of an 22 RCA of a reportable event; 23 (c) a document given by the person to an RCA team, or a 24 relevant person for an RCA team, that was created by 25 the person or another person for the conduct of an RCA 26 of a reportable event; 27 (d) information the person was given, or questions the 28 person was asked, by an RCA team, or a relevant person 29 for an RCA team, during the conduct of an RCA of a 30 reportable event. 31 Page 85
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 119] 119 Protection for documents and information 1 (1) This section applies to-- 2 (a) an RCA report, chain of events document or other 3 document created by or for an RCA team; or 4 (b) information contained in an RCA report, chain of events 5 document or other document created by or for an RCA 6 team; or 7 (c) information acquired by the following persons as-- 8 (i) a member of an RCA team; 9 (ii) a relevant person for an RCA team; 10 (iii) a commissioning authority; 11 (iv) a relevant person for a commissioning authority. 12 (2) The document or information-- 13 (a) can not be accessed under any order, whether of a 14 judicial or administrative nature; and 15 (b) is not admissible in any proceeding, other than a 16 proceeding for an offence under this division. 17 (3) A person must not, and can not be compelled to, produce the 18 document or information, or give evidence relating to the 19 document or information, in any proceeding, other than a 20 proceeding for an offence under this division. 21 (4) However, a copy of an RCA report given to a coroner under 22 section 113 may be admitted in evidence by a coroner in an 23 inquest under the Coroners Act 2003 into the death of a 24 person-- 25 (a) if section 113(1) applies--if the reportable event is the 26 death; or 27 (b) if section 113(2) applies--if the reportable event 28 happened while a health service was being provided to 29 the person. 30 (5) In this section-- 31 order includes a direction or other process. 32 Page 86
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 120] proceeding includes-- 1 (a) a civil proceeding; or 2 (b) a criminal proceeding; or 3 (c) a disciplinary proceeding under the Health Practitioners 4 (Professional Standards) Act 1999 or a proceeding 5 under the Health Practitioner Regulation National Law. 6 120 Reprisal and grounds for reprisals 7 (1) A person must not cause, or attempt or conspire to cause, 8 detriment to another person because, or in the belief that, 9 anybody has provided, or may provide, assistance to an RCA 10 team in its conduct of an RCA of a reportable event. 11 (2) An attempt to cause detriment includes an attempt to induce a 12 person to cause detriment. 13 (3) A contravention of subsection (1) is a reprisal or the taking of 14 a reprisal. 15 (4) A ground mentioned in subsection (1) as the ground for a 16 reprisal is the unlawful ground for the reprisal. 17 (5) For the contravention to happen, it is sufficient if the unlawful 18 ground is a substantial ground for the act or omission that is 19 the reprisal, even if there is another ground for the act or 20 omission. 21 121 Offence for taking reprisal 22 (1) A person who takes a reprisal commits an offence. 23 Maximum penalty--200 penalty units or 2 years 24 imprisonment. 25 (2) The offence is a misdemeanour. 26 122 Damages entitlement for reprisal 27 (1) A reprisal is a tort and a person who takes a reprisal is liable in 28 damages to any person who suffers detriment as a result. 29 Page 87
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 123] (2) Any appropriate remedy that may be granted by a court for a 1 tort may be granted by a court for the taking of a reprisal. 2 (3) If the claim for damages goes to trial in the Supreme Court or 3 the District Court, it must be decided by a judge sitting 4 without a jury. 5 Subdivision 7 Miscellaneous 6 123 Application of provisions of this division 7 (1) If a commissioning authority acts or purports to act under 8 section 98 and it transpires the event the basis of the action is 9 not a reportable event, the provisions of this division apply as 10 if the event were a reportable event. 11 (2) If there is an inconsistency between the provisions of this 12 division and a provision of any other Act or law, the 13 provisions of this division prevail to the extent of the 14 inconsistency. 15 Division 3 Clinical reviews 16 124 Functions of clinical reviewers 17 The functions of a clinical reviewer are to conduct a clinical 18 review and to provide expert clinical advice to the 19 following-- 20 (a) the chief executive or a network chief executive; 21 (b) a person or entity whose role includes maintaining and 22 improving the safety and quality of public sector health 23 services; 24 (c) a health service investigator. 25 Page 88
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 125] 125 Appointment of clinical reviewers 1 (1) The chief executive (the appointer) may, in writing, appoint a 2 person as a clinical reviewer to undertake a review under this 3 division in the department or a network. 4 (2) A network chief executive (also the appointer) may, in 5 writing, appoint a person as a clinical reviewer to undertake a 6 review under this division in the network. 7 (3) However, the appointer may appoint a person as a clinical 8 reviewer only if the appointer is satisfied the person is 9 qualified for appointment because the person has the 10 necessary expertise or experience. 11 126 Appointment conditions and limit on powers 12 (1) A clinical reviewer holds office on any conditions stated in-- 13 (a) the reviewer's instrument of appointment; or 14 (b) a signed notice given to the reviewer; or 15 (c) a regulation. 16 (2) The instrument of appointment, a signed notice given to the 17 reviewer or a regulation may limit the reviewer's powers. 18 (3) In this section-- 19 signed notice means a notice signed by the appointer. 20 127 When office ends 21 (1) The office of a person as a clinical reviewer ends if any of the 22 following happens-- 23 (a) the term of office stated in a condition of office ends; 24 (b) under another condition of office, the office ends; 25 (c) the reviewer's resignation under section 128 takes effect. 26 (2) Subsection (1) does not limit the ways the office of a person as 27 a reviewer ends. 28 (3) In this section-- 29 Page 89
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 128] condition of office means a condition under which the 1 reviewer holds office. 2 128 Resignation 3 (1) A clinical reviewer may resign by signed notice given to the 4 appointer. 5 (2) However, if holding office as a reviewer is a condition of the 6 reviewer holding another office, the reviewer may not resign 7 as a reviewer without resigning from the other office. 8 129 Powers of clinical reviewers 9 (1) A clinical reviewer may enter a public sector health service 10 facility at any time the facility is open for business or 11 otherwise open for entry. 12 (2) A clinical reviewer may, in the exercise of the reviewer's 13 functions, ask a network health executive or an employee of 14 the department, including a network employee, to give to the 15 reviewer a document, including a document containing 16 confidential information, that-- 17 (a) is relevant to the reviewer's functions; and 18 (b) is in the possession or control of the network health 19 executive or employee. 20 (3) The network health executive or employee must comply with 21 the request. 22 (4) If requested by the network health executive or employee, the 23 clinical reviewer must produce the reviewer's instrument of 24 appointment to the network health executive or employee. 25 (5) The clinical reviewer may make copies of, and take extracts 26 from, the document. 27 (6) In this section-- 28 confidential information means any information that-- 29 Page 90
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 130] (a) is about a person who is receiving or has received a 1 public sector health service; and 2 (b) could identify the person. 3 130 Giving clinical reviewer false or misleading information 4 (1) A person must not, in relation to a clinical review under this 5 division, give a clinical reviewer information, or a document 6 containing information, that the person knows is false or 7 misleading in a material particular. 8 Maximum penalty--100 penalty units. 9 (2) Subsection (1) applies to information or a document given in 10 relation to a review under this division whether or not the 11 information or document was given in response to a specific 12 power under this division. 13 131 Obstructing clinical reviewer 14 (1) A person must not obstruct a clinical reviewer exercising a 15 power unless the person has a reasonable excuse. 16 Maximum penalty--100 penalty units. 17 (2) If a person has obstructed a clinical reviewer and the reviewer 18 decides to proceed with the exercise of the power, the 19 reviewer must warn the person that-- 20 (a) it is an offence to cause an obstruction unless the person 21 has a reasonable excuse; and 22 (b) the reviewer considers the person's conduct an 23 obstruction. 24 (3) In this section-- 25 obstruct includes assault, hinder, resist, attempt to obstruct 26 and threaten to obstruct. 27 132 Duty of confidentiality of clinical reviewers 28 (1) This section applies to a person who-- 29 Page 91
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 133] (a) is or has been a clinical reviewer; and 1 (b) in that capacity was given information. 2 (2) The person must not disclose the information to anyone else. 3 Maximum penalty--100 penalty units. 4 (3) However, the person may disclose the information to 5 someone else-- 6 (a) to the extent necessary to perform the person's functions 7 under or in relation to this Act; or 8 (b) if the person to whom the information relates consents 9 in writing to the disclosure; or 10 (c) if the disclosure is otherwise required or permitted by 11 another Act or law. 12 (4) Also, the person may disclose the information to someone 13 else if-- 14 (a) the disclosure is to-- 15 (i) the relevant chief executive; or 16 (ii) another person authorised in writing by the 17 relevant chief executive to receive the information; 18 and 19 (b) the purpose of the disclosure under this section is to 20 allow further disclosure of the information under section 21 160. 22 133 Disclosure to person under Coroners Act 2003 23 Section 132 does not apply to the disclosure of information to 24 a person who requires the information to perform a function 25 under the Coroners Act 2003, other than for the preparation of 26 an annual report. 27 134 Stopping clinical review 28 (1) This section does not apply to a clinical review undertaken to 29 provide clinical advice to a health service investigator. 30 Page 92
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 135] (2) This section applies if, during a clinical review, a clinical 1 reviewer reasonably believes that a matter under review 2 involves a blameworthy act. 3 (3) The reviewer must-- 4 (a) stop the review; and 5 (b) give written notice to the appointer that states-- 6 (i) the review has been stopped; and 7 (ii) the reasons that the reviewer formed the reasonable 8 belief under subsection (2). 9 135 Reports by clinical reviewers other than to provide advice 10 to investigator 11 (1) This section does not apply to a clinical review undertaken to 12 provide clinical advice to a health service investigator. 13 (2) A clinical reviewer must prepare and provide a report to the 14 appointer for each clinical review. 15 (3) The report may include recommendations on ways in which 16 the safety and quality of public sector health services can be 17 maintained and improved. 18 (4) Subsection (5) applies to a report provided to the chief 19 executive after a clinical review in a network. 20 (5) After considering the report, the chief executive may issue a 21 direction to the network. 22 (6) The network must comply with the direction. 23 (7) Subsection (8) applies to a report provided-- 24 (a) to the chief executive after a clinical review in the 25 department; or 26 (b) to a network chief executive after a clinical review in the 27 network. 28 (8) After considering the report, the chief executive or network 29 chief executive may take the action he or she considers 30 appropriate in relation to the matters identified in the report. 31 Page 93
Health and Hospitals Network Bill 2011 Part 6 Safety and quality [s 136] 136 Reports by clinical reviewers to provide advice to 1 investigator 2 (1) This section applies to a clinical review undertaken to provide 3 clinical advice to a health service investigator. 4 (2) The clinical reviewer must prepare and provide a report to the 5 health service investigator. 6 (3) The report may include recommendations on ways in which 7 the safety and quality of public sector health services can be 8 maintained and improved. 9 137 Chief executive may request report from network chief 10 executive 11 (1) This section applies if a report is provided to a network chief 12 executive after a clinical review in the network. 13 (2) If requested by the chief executive, the network chief 14 executive must give a copy of the report to the chief executive. 15 138 Protection for documents and information 16 (1) This section applies to a report prepared as a result of a 17 clinical review, other than as a result of a review undertaken to 18 provide clinical advice to a health service investigator. 19 (2) The report-- 20 (a) can not be accessed under any order, whether of a 21 judicial or administrative nature; and 22 (b) is not admissible in any proceeding, other than a 23 proceeding for an offence under this division. 24 (3) A person must not, and can not be compelled to, produce the 25 report, or to give evidence relating to the report, in any 26 proceeding, other than a proceeding for an offence under this 27 division. 28 (4) In this section-- 29 order includes a direction or other process. 30 proceeding includes-- 31 Page 94
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 139] (a) a civil proceeding; or 1 (b) a criminal proceeding; or 2 (c) a disciplinary proceeding under the Health Practitioners 3 (Professional Standards) Act 1999 or a proceeding 4 under the Health Practitioner Regulation National Law. 5 Part 7 Confidentiality 6 Division 1 Interpretation and application 7 139 Definitions for pt 7 8 In this part-- 9 confidential information means information, acquired by a 10 person in the person's capacity as a designated person, from 11 which a person who is receiving or has received a public 12 sector health service could be identified. 13 designated person means a person who is or was-- 14 (a) a public service employee employed in the department; 15 or 16 (b) a health service employee; or 17 (c) the chief health officer; or 18 (d) the director of mental health; or 19 (e) a health professional (other than a person mentioned in 20 paragraphs (a) to (d)) engaged in delivering a public 21 sector health service, whether at a public sector health 22 service facility or another place; or 23 (f) a member of a governing council of a network; or 24 Page 95
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 140] (g) a person (other than a person mentioned in paragraph (a) 1 or (b)) engaged temporarily to provide administrative 2 support services for a network or the department; or 3 (h) a person being educated or trained at a public sector 4 health service facility as part of the requirements for-- 5 (i) registration, enrolment or other authorisation 6 (however described) to practise as a health 7 professional; or 8 (ii) completion of a course of study qualifying a person 9 for registration, enrolment or authorisation 10 mentioned in subparagraph (i); or 11 (i) a person providing education or training at a public 12 sector health service facility to a person mentioned in 13 paragraph (h); or 14 (j) a contractor who accesses confidential information 15 under a contract to provide information and 16 communication technology or information management 17 services to a network or the department; or 18 (k) a volunteer carrying out duties at a public sector health 19 service facility on behalf of a network or the 20 department; or 21 (l) an inspector; or 22 (m) another person prescribed under a regulation for this 23 paragraph to be a designated person. 24 guardian, of a child, means a person who is recognised in law 25 as having the duties, powers, responsibilities and authority 26 that, by law, parents have in relation to their children. 27 parent see section 140. 28 140 Meaning of parent 29 (1) A parent of a child is the child's mother, father or someone 30 else having or exercising parental responsibility for the child. 31 (2) However, a person standing in the place of a parent of a child 32 on a temporary basis is not a parent of the child. 33 Page 96
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 141] (3) A parent of an Aboriginal child includes a person who, under 1 Aboriginal tradition, is regarded as a parent of the child. 2 (4) A parent of a Torres Strait Islander child includes a person 3 who, under Island custom, is regarded as a parent of the child. 4 141 Part does not apply to Act officials 5 (1) This part does not apply to information acquired by an Act 6 official in the performance of the official's functions under 7 this Act. 8 (2) In this section-- 9 Act official means any of the following-- 10 (a) a member of a quality assurance committee; 11 (b) a relevant person for a quality assurance committee; 12 (c) a member of an RCA team; 13 (d) a relevant person for an RCA team; 14 (e) a commissioning authority; 15 (f) a relevant person for a commissioning authority; 16 (g) a health service auditor; 17 (h) a clinical reviewer; 18 (i) a health service investigator. 19 Division 2 Confidentiality 20 142 Confidential information must not be disclosed 21 (1) A designated person must not disclose, directly or indirectly, 22 confidential information to another person unless the 23 disclosure is required or permitted under this Act. 24 Maximum penalty--100 penalty units. 25 (2) For subsection (1), another person includes another 26 designated person. 27 Page 97
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 143] (3) Subsection (1) applies even if the person who could be 1 identified from the disclosure of confidential information is 2 deceased. 3 143 Disclosure required or permitted by law 4 (1) A designated person may disclose confidential information if 5 the disclosure is required or permitted by another Act or law. 6 (2) Without limiting subsection (1), the disclosure of the 7 following confidential information is a disclosure permitted 8 by an Act-- 9 (a) information provided to the chief executive by a 10 network under a service agreement; 11 (b) information provided to the chief executive and other 12 entities by a network in compliance with a health service 13 directive; 14 (c) information provided under this Act by the chief 15 executive to the Commonwealth or an entity established 16 under an Act of the Commonwealth. 17 144 Disclosure with consent 18 A designated person may disclose confidential information 19 if-- 20 (a) the person to whom the confidential information relates 21 is an adult and consents to the disclosure; or 22 (b) the person to whom the confidential information relates 23 is a child and-- 24 (i) the disclosure of the confidential information is by 25 a health professional who reasonably believes the 26 child is of sufficient age and mental and emotional 27 maturity to understand the nature of consenting to 28 the disclosure; and 29 (ii) the child consents to the disclosure; or 30 Page 98
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 145] (c) the person to whom the confidential information relates 1 is a child and-- 2 (i) the disclosure of the confidential information is by 3 a health professional who reasonably believes the 4 child is of insufficient age or mental or emotional 5 maturity to understand the nature of consenting to 6 the disclosure; and 7 (ii) the child's parent or guardian consents to the 8 disclosure; or 9 (d) the person to whom the confidential information relates 10 is a child and the disclosure of the confidential 11 information is by a health professional who reasonably 12 believes the disclosure of the information is in the 13 child's best interests. 14 145 Disclosure of confidential information for care or 15 treatment of person 16 A designated person may disclose confidential information if 17 the disclosure is for the care or treatment of the person to 18 whom the information relates. 19 146 Disclosure to person who has sufficient interest in health 20 and welfare of person 21 (1) A designated person may disclose confidential information if 22 the confidential information-- 23 (a) is about the condition of the person to whom the 24 information relates and is communicated in general 25 terms; or 26 Example of communicated in general terms-- 27 A switchboard operator or other staff member at a hospital 28 discloses that a person's condition is `satisfactory'. 29 (b) is communicated by a health professional, under the 30 recognised standards of the relevant health profession, 31 to a person who, in the health professional's reasonable 32 opinion, has a sufficient personal or professional interest 33 Page 99
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 147] in the health and welfare of the person to whom the 1 information relates. 2 Example of persons to whom a health professional may 3 communicate confidential information-- 4 � a spouse, parent or child of the person 5 � another relative of the person 6 � a friend of the person who has a close personal relationship 7 with the person and a personal interest in the person's 8 welfare 9 � an adult who is providing home care to the person who has a 10 chronic condition or a disability 11 � a general practitioner who has had responsibility for the 12 care and treatment of the person 13 (2) For subsection (1)(b), if the person to whom the confidential 14 information relates is deceased, another person has a 15 sufficient personal interest in the health and welfare of the 16 deceased person if, in the health professional's reasonable 17 opinion, the other person would have had a sufficient interest 18 while the deceased person was alive. 19 (3) Subsection (1) does not apply to the disclosure of confidential 20 information to a person if the person to whom the confidential 21 information relates asks that the confidential information not 22 be disclosed generally or to that person. 23 147 Disclosure to lessen or prevent serious risk to life, health 24 or safety 25 A designated person may disclose confidential information 26 if-- 27 (a) the relevant chief executive believes, on reasonable 28 grounds, the disclosure is necessary to assist in 29 lessening or preventing a serious risk to-- 30 (i) the life, health or safety of a person, including the 31 person to whom the confidential information 32 relates; or 33 (ii) public safety; and 34 Page 100
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 148] (b) the relevant chief executive has, in writing, authorised 1 the disclosure. 2 148 Disclosure for the protection, safety or wellbeing of a 3 child 4 A designated person may disclose confidential information 5 if-- 6 (a) the disclosure is to a person for the protection, safety or 7 wellbeing of a child; and 8 (b) the confidential information relates to someone other 9 than the child mentioned in paragraph (a). 10 149 Disclosure for funding arrangements and public health 11 monitoring 12 A designated person may disclose confidential information 13 if-- 14 (a) the disclosure is to another designated person; and 15 (b) the disclosure and receipt of the confidential 16 information is-- 17 (i) to give effect to or manage a funding arrangement 18 for a public sector health service; or 19 (ii) for analysing, monitoring or evaluating public 20 health; and 21 (c) the other designated person is authorised in writing by 22 the relevant chief executive to receive the confidential 23 information. 24 150 Disclosure for purposes relating to health services 25 A designated person may disclose confidential information 26 if-- 27 (a) the disclosure is to another designated person for 28 evaluating, managing, monitoring or planning health 29 services; or 30 Page 101
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 151] (b) the disclosure is to an entity prescribed under a 1 regulation for this paragraph for evaluating, managing, 2 monitoring or planning health services as stated in the 3 regulation. 4 151 Disclosure to Commonwealth, another State or 5 Commonwealth or State entity 6 (1) A designated person may disclose confidential information 7 if-- 8 (a) the disclosure is to the Commonwealth or another State, 9 or an entity of the Commonwealth or another State and 10 the disclosure-- 11 (i) is required or allowed under an agreement-- 12 (A) between the State or a network and the 13 Commonwealth, State or entity; and 14 (B) prescribed under a regulation for this 15 paragraph; and 16 (ii) is considered by the relevant chief executive to be 17 in the public interest and the chief executive states 18 this in writing; or 19 (b) the disclosure is to an entity of the State and the 20 disclosure-- 21 (i) is required or allowed under an agreement-- 22 (A) between the chief executive or a network and 23 the entity; and 24 (B) prescribed under a regulation for this 25 paragraph; and 26 (ii) is considered by the relevant chief executive to be 27 in the public interest and the chief executive states 28 this in writing. 29 (2) The Commonwealth, a State or entity that receives 30 confidential information under an agreement under subsection 31 (1)-- 32 Page 102
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 152] (a) must not give it to anyone else unless allowed to do so 1 by the agreement or in writing by the relevant chief 2 executive; and 3 (b) must ensure the confidential information is used only for 4 the purpose for which it was given under the agreement. 5 (3) In this section-- 6 entity of the Commonwealth includes an entity established 7 under an Act of the Commonwealth. 8 entity of the State includes a department and an entity 9 established under an Act for a public purpose. 10 152 Disclosure to or by inspector 11 A designated person may disclose confidential information 12 if-- 13 (a) the disclosure is to an inspector and the confidential 14 information is relevant to the performance of the 15 inspector's functions under this Act; or 16 (b) the disclosure is by an inspector and is necessary for 17 performing the inspector's functions under this Act. 18 153 Disclosure to Act officials 19 A designated person may disclose confidential information if 20 the disclosure is to an Act official and the confidential 21 information is relevant to the functions being performed by 22 the Act official. 23 154 Disclosure to or by relevant chief executive 24 (1) A designated person may disclose confidential information if 25 the disclosure is to a relevant chief executive for achieving the 26 objects of this Act. 27 (2) A relevant chief executive may disclose confidential 28 information if the disclosure is for a function of the relevant 29 chief executive under this Act. 30 Page 103
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 155] 155 Disclosure to health practitioner registration board 1 A designated person may disclose confidential information if 2 the disclosure is to a board established under a health 3 practitioner registration Act or to the National Agency for the 4 purposes of-- 5 (a) making, or giving information about, a complaint or 6 notification about a person who is or was registered 7 under the health practitioner registration Act; or 8 (b) answering questions or otherwise giving information as 9 part of an investigation or a proceeding about a person 10 who is or was registered under the health practitioner 11 registration Act. 12 156 Disclosure to Health Quality and Complaints Commission 13 A designated person may disclose confidential information if 14 the disclosure is to the Health Quality and Complaints 15 Commission for the purpose of-- 16 (a) making, or giving information about, a complaint about 17 a provider of health services; or 18 (b) answering questions or otherwise giving information as 19 part of an investigation under the Health Quality and 20 Complaints Commission Act 2006 about a person who is 21 or was a provider of health services; or 22 (c) giving the commission information about health 23 services including information requested by the 24 commission under the Health Quality and Complaints 25 Commission Act 2006, section 21; or 26 Note-- 27 Under the Health Quality and Complaints Commission Act 28 2006, section 21 the commission may ask a provider for reports, 29 records or other information relating to the quality of health 30 services provided by or for the provider. 31 (d) giving the commission aggregated data, including data 32 that identifies persons, about complaint management, 33 Page 104
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 157] patient safety or another matter relating to the quality of 1 health services. 2 157 Disclosure to person performing functions under 3 Coroners Act 2003 4 A designated person may disclose confidential information if 5 the disclosure is to a person who requires the confidential 6 information to perform a function under the Coroners Act 7 2003, other than for the preparation of an annual report. 8 158 Disclosure to lawyers 9 A relevant chief executive may disclose confidential 10 information if-- 11 (a) the disclosure is to a lawyer in relation to a matter; and 12 (b) the lawyer is representing the State or a network in 13 relation to the matter. 14 159 Disclosure to Australian Red Cross Society 15 A designated person may disclose confidential information if 16 the disclosure is to the Australian Red Cross Society for the 17 purpose of tracing-- 18 (a) blood or tissue, or blood products derived from blood, 19 infected with any disease; or 20 (b) the donor or recipient of that blood or tissue. 21 160 Disclosure of confidential information in the public 22 interest 23 (1) A designated person may disclose confidential information 24 if-- 25 (a) the relevant chief executive of a network or the 26 department believes, on reasonable grounds, the 27 disclosure is in the public interest; and 28 Page 105
Health and Hospitals Network Bill 2011 Part 7 Confidentiality [s 161] (b) the relevant chief executive has, in writing, authorised 1 the disclosure. 2 (2) The annual report of the network or the department for a 3 financial year under the Financial Accountability Act 2009 4 must include a statement about-- 5 (a) the nature of any confidential information disclosed 6 under subsection (1) during the financial year; and 7 (b) the purpose for which the confidential information was 8 disclosed. 9 (3) However, the statement mentioned in subsection (2)(a) must 10 not identify, directly or indirectly, the person to whom the 11 confidential information relates. 12 161 Necessary or incidental disclosure 13 A designated person may disclose confidential information if 14 the disclosure is necessary or incidental to a disclosure of 15 confidential information otherwise permitted under this part. 16 Examples of necessary or incidental disclosures-- 17 � the disclosure of confidential information to support staff at a 18 public sector hospital who make appointments for patients, 19 maintain patient records and undertake other administrative tasks 20 � the disclosure of confidential information to Medicare Australia or 21 health insurance providers for processing the payment of accounts 22 for treatment or diagnostic tests 23 � the disclosure of confidential information to advise the chief 24 executive or a network chief executive about authorising the 25 disclosure of confidential information in the public interest under 26 section 160 or to collect confidential information for the purpose of 27 a prescribed agreement under section 151 28 � accessing contact details for a person to seek the person's consent 29 under section 144 to the disclosure of confidential information 30 � permitting contractors to access databases to write, test or analyse 31 programs, perform database administration tasks or maintain 32 technical aspects of computer hardware 33 Page 106
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 162] Part 8 Control of traffic and conduct 1 on health services land 2 Division 1 Interpretation 3 162 Definitions for pt 8 4 In this part-- 5 identity card, for a provision about authorised persons or 6 security officers, means an identity card issued under section 7 169. 8 offence warning, for a direction or requirement by an 9 authorised person or security officer, means a warning that, 10 without a reasonable excuse, it is an offence for the person to 11 whom the direction is given or of whom the requirement is 12 made not to comply with it. 13 official traffic sign see the Transport Operations (Road Use 14 Management) Act 1995, schedule 4. 15 owner, of a vehicle, includes the person registered as the 16 owner of the vehicle under the Transport Operations (Road 17 Use Management) Act 1995, or the corresponding law of 18 another State or a Territory. 19 personal details requirement see section 185(5). 20 regulatory notice see section 175. 21 vehicle, see the Transport Operations (Road Use 22 Management) Act 1995, schedule 4. 23 Page 107
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 163] Division 2 Authorised persons and security 1 officers 2 163 Appointment of authorised persons 3 (1) A network chief executive (the appointer) may, in writing, 4 appoint a person to be an authorised person under this Act for 5 health services land under the control of the network. 6 (2) However, the appointer may appoint a person as an authorised 7 person only if the appointer is satisfied the person is qualified 8 for appointment because the person has the necessary 9 expertise or experience. 10 164 Appointment of security officers 11 (1) A network chief executive (the appointer) may, in writing, 12 appoint a person to be a security officer under this Act for 13 health services land under the control of the network. 14 (2) However, the appointer may appoint a person as a security 15 officer only if the appointer is satisfied the person is qualified 16 for appointment because the person has the necessary 17 expertise or experience. 18 165 Person may be appointed as authorised person and 19 security officer 20 A person may be appointed both an authorised person and a 21 security officer. 22 166 Appointment conditions and limit on powers 23 (1) An authorised person or security officer holds office on any 24 conditions stated in-- 25 (a) the authorised person's or security officer's instrument 26 of appointment; or 27 (b) a signed notice given to the authorised person or 28 security officer; or 29 Page 108
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 167] (c) a regulation. 1 (2) The instrument of appointment, a signed notice given to the 2 authorised person or security officer or a regulation may limit 3 the authorised person's or security officer's powers. 4 (3) In this section-- 5 signed notice means a notice signed by the appointer. 6 167 When office ends 7 (1) The office of a person as authorised person or security officer 8 ends if any of the following happens-- 9 (a) the term of office stated in a condition of office ends; 10 (b) under another condition of office, the office ends; 11 (c) the authorised person's or security officer's resignation 12 under section 168 takes effect. 13 (2) Subsection (1) does not limit the ways the office of a person as 14 an authorised person or security officer ends. 15 (3) In this section-- 16 condition of office means a condition under which the 17 authorised person or security officer holds office. 18 168 Resignation 19 (1) An authorised person or security officer may resign by signed 20 notice given to the appointer. 21 (2) However, if holding office as an authorised person or security 22 officer is a condition of the authorised person or security 23 officer holding another office, the authorised person or 24 security officer may not resign as an authorised person or 25 security officer without resigning from the other office. 26 169 Identity cards 27 (1) The appointer must issue an identity card to each authorised 28 person and security officer. 29 Page 109
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 170] (2) The identity card must-- 1 (a) contain a recent photo of the authorised person or 2 security officer; and 3 (b) contain a copy of the authorised person's or security 4 officer's signature; and 5 (c) identify the person as an authorised person or security 6 officer under this Act; and 7 (d) state an expiry date for the card. 8 (3) This section does not prevent the issue of a single identity 9 card to a person for this Act and other purposes. 10 170 Production or display of identity card 11 (1) In exercising a power in relation to a person in the person's 12 presence, an authorised person or security officer must-- 13 (a) produce the authorised person's or security officer's 14 identity card for the person's inspection before 15 exercising the power; or 16 (b) have the identity card displayed so it is clearly visible to 17 the person when exercising the power. 18 (2) However, if it is not practicable to comply with subsection (1), 19 the authorised person or security officer must produce the 20 identity card for the person's inspection at the first reasonable 21 opportunity. 22 171 Return of identity card 23 If the office of a person as an authorised person or security 24 officer ends, the person must return the person's identity card 25 to the appointer within 21 days after the office ends unless the 26 person has a reasonable excuse. 27 Maximum penalty--10 penalty units. 28 Page 110
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 172] Division 3 Traffic control 1 172 Health services land for which authorised person may 2 exercise powers 3 (1) Subsection (2) applies to a reference in this division to an 4 authorised person exercising a power or doing a thing. 5 (2) The reference is taken to be a reference to the authorised 6 person exercising the power or doing the thing for the health 7 services land for which the authorised person is appointed. 8 173 Health services land for which network chief executives 9 may exercise powers 10 (1) Subsection (2) applies to a reference in this division to-- 11 (a) a network chief executive exercising a power or doing a 12 thing in relation to health services land; or 13 (b) a network chief executive exercising a power or doing a 14 thing in relation to a vehicle seized and removed by an 15 authorised officer from health services land. 16 (2) The reference is taken to be a reference to the network chief 17 executive exercising the power or doing the thing for the 18 health services land under the control of the network for 19 which the network chief executive is appointed. 20 174 Authorised persons to control traffic on health services 21 land 22 (1) An authorised person may control traffic on health services 23 land and, for this purpose, may give directions to a person on 24 the land. 25 (2) The person given a direction must comply with the direction 26 unless the person has a reasonable excuse for not complying 27 with it. 28 Maximum penalty--20 penalty units. 29 Page 111
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 175] 175 Regulatory notice 1 (1) A network chief executive may erect or display on, or at or 2 near any vehicular entrance to, health services land, a notice 3 (a regulatory notice) regulating the driving, parking or 4 standing of vehicles on the land, including, for example-- 5 (a) fixing a maximum speed limit; or 6 (b) indicating a pedestrian crossing; or 7 (c) indicating a place where the driving, parking or standing 8 of a vehicle is restricted or prohibited. 9 (2) A person on health services land must comply with a 10 regulatory notice, unless the person has a reasonable excuse 11 for not complying with it. 12 Maximum penalty--20 penalty units. 13 (3) A regulatory notice-- 14 (a) must state the limits of the area to which the notice 15 applies; and 16 (b) may state that a contravention of the notice is an offence 17 against this Act and the penalty for the offence. 18 (4) Without limiting subsection (1), a network chief executive 19 may erect or display regulatory notices in the form of official 20 traffic signs. 21 (5) Evidence that a regulatory notice was erected or displayed at a 22 place mentioned in subsection (1) is evidence that the notice 23 was erected or displayed by the network chief executive. 24 (6) A regulatory notice erected or displayed under this section 25 must be easily visible to passers-by. 26 176 Notices that contravention of regulatory notice an 27 offence 28 (1) This section applies if a regulatory notice does not state that a 29 contravention of the notice is an offence against this Act and 30 the penalty for the offence. 31 Page 112
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 177] (2) A network chief executive must erect or display at or near 1 each vehicular entrance to health services land to which the 2 regulatory notice relates, and other places the network chief 3 executive considers appropriate, notices stating that a 4 contravention of a regulatory notice is an offence and the 5 penalty for the offence. 6 (3) The notice may contain any other information the network 7 chief executive considers appropriate. 8 (4) The notice erected or displayed under this section must be 9 easily visible to passers-by. 10 177 Removal and detention of illegally parked or abandoned 11 vehicles 12 (1) An authorised person may seize and remove a vehicle that the 13 authorised person believes on reasonable grounds-- 14 (a) is parked in contravention of a regulatory notice; or 15 (b) is abandoned. 16 (2) The vehicle must be held at a safe place. 17 (3) An authorised person may exercise the powers on the grounds 18 mentioned in subsection (1)(a) only if-- 19 (a) the authorised person believes on reasonable grounds 20 that it is necessary or desirable to seize and remove the 21 vehicle having regard to the safety and convenience of 22 traffic on health services land; and 23 (b) the authorised person-- 24 (i) can not immediately locate the driver of the 25 vehicle; or 26 (ii) believes on reasonable grounds that the driver of 27 the vehicle is not willing or able to remove the 28 vehicle immediately. 29 (4) As soon as is practicable and no later than 14 days after the 30 vehicle is seized, a network chief executive must give to the 31 owner of the vehicle a written notice stating how the owner 32 may recover the vehicle. 33 Page 113
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 178] (5) If the owner can not be ascertained or located within 14 days 1 after the vehicle is seized, the notice may be given by 2 publishing it in a newspaper circulating generally in the State. 3 (6) If the vehicle was parked in contravention of a regulatory 4 notice, the owner of the vehicle must pay to the relevant 5 network the cost of seizing, removing, holding and returning 6 the vehicle. 7 (7) In this section-- 8 vehicle includes a part of the vehicle and anything attached to, 9 or contained in, the vehicle. 10 178 Disposal of unclaimed vehicles 11 (1) This section applies if the owner of a seized vehicle does not 12 recover the vehicle within 2 months after notice is given to the 13 owner under section 177(4) or (5). 14 (2) After publishing a notice in a newspaper circulating generally 15 in the State, a network chief executive may sell the vehicle by 16 public auction. 17 (3) The notice must-- 18 (a) identify the vehicle; and 19 (b) state that the vehicle is to be sold by auction; and 20 (c) state how the owner may recover the vehicle before the 21 auction; and 22 (d) state the time and place of the auction. 23 (4) Compensation is not recoverable against a network or the 24 network chief executive for the sale of a vehicle under this 25 section. 26 (5) In this section-- 27 vehicle includes a part of the vehicle and anything attached to, 28 or contained in, the vehicle. 29 Page 114
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 179] 179 Application of proceeds of sale 1 (1) The proceeds of the sale must be applied in the following 2 order-- 3 (a) in payment of the reasonable expenses incurred in the 4 sale; 5 (b) in payment of the reasonable cost of seizing, removing 6 and holding the vehicle; 7 (c) in payment of any balance to the owner. 8 (2) Compensation is not recoverable against a network or the 9 network chief executive for a payment under this section. 10 Division 4 Conduct on health services land 11 180 Health services land for which authorised person or 12 security officer may exercise powers 13 (1) Subsection (2) applies to a reference in this division to an 14 authorised person or security officer exercising a power or 15 doing a thing. 16 (2) The reference is taken to be a reference to the authorised 17 person or security officer exercising the power or doing the 18 thing for the health services land for which the authorised 19 person or security officer is appointed. 20 181 Health services land for which network chief executives 21 may exercise powers 22 (1) Subsection (2) applies to a reference in this division to a 23 network chief executive exercising a power or doing a thing. 24 (2) The reference is taken to be a reference to the network chief 25 executive exercising the power or doing the thing for the 26 health services land under the control of the network for 27 which the network chief executive is appointed. 28 Page 115
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 182] 182 Conduct causing a public nuisance 1 A person must not be disorderly or create a disturbance on 2 health services land. 3 Maximum penalty--20 penalty units. 4 183 Power to deal with persons causing a public nuisance 5 (1) This section applies if a security officer-- 6 (a) finds a person contravening section 182; or 7 (b) finds a person in circumstances that leads the security 8 officer to suspect on reasonable grounds that the person 9 has just contravened section 182; or 10 (c) has information that leads the security officer to suspect 11 on reasonable grounds that a person has just 12 contravened section 182; or 13 (d) reasonably believes, having regard to the way a person 14 is behaving, that the person's presence may pose a threat 15 to the safety of anyone else on or leaving health services 16 land; or 17 (e) has information that leads the security officer to believe, 18 on reasonable grounds, a person's presence may pose a 19 threat to the safety of anyone else on or leaving health 20 services land; or 21 (f) reasonably believes a person is on health services land 22 without lawful justification or excuse. 23 (2) The security officer may direct the person to leave the health 24 services land or a part of the health services land. 25 (3) The person must comply with the direction unless the person 26 has a reasonable excuse for not complying with it. 27 Maximum penalty--20 penalty units. 28 Page 116
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 184] 184 Prohibition of smoking 1 (1) A person must not smoke on health services land other than in 2 a nominated smoking place. 3 (2) If an authorised person or security officer finds a person 4 smoking on health services land in contravention of 5 subsection (1), the authorised person or security officer may 6 direct the person-- 7 (a) to stop or refrain from smoking; or 8 (b) to leave the land or, if the person wishes to smoke, to 9 smoke only in a nominated smoking place. 10 (3) The person must comply with the direction unless the person 11 has a reasonable excuse for not complying with it. 12 Maximum penalty--10 penalty units. 13 (4) A network chief executive must not nominate a prohibited 14 place as a smoking place. 15 (5) In this section-- 16 nominated smoking place means a place nominated as a 17 smoking place by a network chief executive, and designated 18 as such by signs erected by the network chief executive. 19 prohibited place means a place in which a person must not 20 smoke under the Tobacco and Other Smoking Products Act 21 1998. 22 Division 5 Requirements to give name and 23 address and other matters 24 185 Power to require name and address 25 (1) This section applies if an authorised person or security 26 officer-- 27 (a) finds a person committing an offence against this part; 28 or 29 Page 117
Health and Hospitals Network Bill 2011 Part 8 Control of traffic and conduct on health services land [s 186] (b) finds a person in circumstances that lead the authorised 1 person or security officer to reasonably suspect the 2 person has just committed an offence against this part; 3 or 4 (c) has information that leads the authorised person or 5 security officer to reasonably suspect a person has just 6 committed an offence against this part. 7 (2) The authorised person or security officer may require the 8 person to state the person's name and residential address. 9 (3) The authorised person or security officer may also require the 10 person to give evidence of the correctness of the stated name 11 or address if, in the circumstances, it would be reasonable to 12 expect the person to-- 13 (a) be in possession of evidence of the correctness of the 14 stated name or address; or 15 (b) otherwise be able to give the evidence. 16 (4) When making a personal details requirement, the authorised 17 person or security officer must give the person an offence 18 warning for the requirement. 19 (5) A requirement under this section is a personal details 20 requirement. 21 186 Offence to contravene personal details requirement 22 (1) A person of whom a personal details requirement has been 23 made must comply with the requirement unless the person has 24 a reasonable excuse. 25 Maximum penalty--20 penalty units. 26 (2) A person may not be convicted of an offence under subsection 27 (1) unless the person is found guilty of the offence in relation 28 to which the personal details requirement was made. 29 Page 118
Health and Hospitals Network Bill 2011 Part 9 Health service investigations [s 187] 187 Obstructing an authorised person or security officer 1 (1) A person must not obstruct an authorised person or security 2 officer in the exercise of a power, unless the person has a 3 reasonable excuse. 4 Maximum penalty--100 penalty units. 5 (2) If a person has obstructed an authorised person or security 6 officer and the authorised person or security officer decides to 7 proceed with the exercise of the power, the authorised person 8 or security officer must warn the person that-- 9 (a) it is an offence to cause an obstruction unless the person 10 has a reasonable excuse; and 11 (b) the authorised person or security officer considers the 12 person's conduct an obstruction. 13 (3) In this section-- 14 obstruct includes assault, hinder, resist, attempt to obstruct 15 and threaten to obstruct. 16 188 Impersonating authorised person or security officer 17 A person must not impersonate an authorised person or 18 security officer. 19 Maximum penalty--100 penalty units. 20 Part 9 Health service investigations 21 189 Functions of health service investigators 22 The functions of a health service investigator are to investigate 23 and report on any matters relating to the management, 24 administration or delivery of public sector health services, 25 including employment matters. 26 Page 119
Health and Hospitals Network Bill 2011 Part 9 Health service investigations [s 190] 190 Appointment of health service investigators 1 (1) The chief executive (the appointer) may, by instrument in 2 writing, appoint a person as a health service investigator to 3 undertake an investigation under this part in the department or 4 a network. 5 (2) A network chief executive (also the appointer) may, by 6 instrument in writing, appoint a person as a health service 7 investigator to undertake an investigation under this part in 8 the network. 9 (3) However, a person may be appointed as a health service 10 investigator only if the appointer is satisfied the person is 11 qualified for appointment because the person has the 12 necessary expertise or experience. 13 191 Appointment conditions and limit on powers 14 (1) A health service investigator holds office on any conditions 15 stated in-- 16 (a) the investigator's instrument of appointment; or 17 (b) a signed notice given to the investigator; or 18 (c) a regulation. 19 (2) The instrument of appointment, a signed notice given to the 20 investigator or a regulation may limit the investigator's 21 powers. 22 (3) In this section-- 23 signed notice means a notice signed by the appointer. 24 192 When office ends 25 (1) The office of a person as a health service investigator ends if 26 any of the following happens-- 27 (a) the term of office stated in a condition of office ends; 28 (b) under another condition of office, the office ends; 29 Page 120
Health and Hospitals Network Bill 2011 Part 9 Health service investigations [s 193] (c) the investigator's resignation under section 193 takes 1 effect. 2 (2) Subsection (1) does not limit the ways the office of a person as 3 an investigator ends. 4 (3) In this section-- 5 condition of office means a condition under which the 6 investigator holds office. 7 193 Resignation 8 (1) A health service investigator may resign by signed notice 9 given to the appointer. 10 (2) However, if holding office as an investigator is a condition of 11 the investigator holding another office, the investigator may 12 not resign as an investigator without resigning from the other 13 office. 14 194 Powers of health service investigators 15 (1) A health service investigator may enter a public sector health 16 service facility at any time the facility is open for business or 17 otherwise open for entry. 18 (2) A health service investigator may, in the exercise of the 19 investigator's functions, ask a network health executive or an 20 employee of the department, including a network employee, 21 to give to the investigator a document, including a document 22 containing confidential information, that-- 23 (a) is relevant to the investigator's functions; and 24 (b) is in the possession or control of the network health 25 executive or employee. 26 (3) The network health executive or employee must comply with 27 the request. 28 (4) If requested by the network health executive or employee, the 29 health service investigator must produce the investigator's 30 Page 121
Health and Hospitals Network Bill 2011 Part 9 Health service investigations [s 195] instrument of appointment to the network health executive or 1 employee. 2 (5) The health service investigator may make copies of, and take 3 extracts from, the document. 4 (6) In this section-- 5 confidential information means any information that-- 6 (a) is about a person who is receiving or has received a 7 public sector health service; and 8 (b) could identify the person. 9 195 Giving health service investigator false or misleading 10 information 11 (1) A person must not, in relation to an investigation under this 12 part, give a health service investigator information, or a 13 document containing information, that the person knows is 14 false or misleading in a material particular. 15 Maximum penalty--100 penalty units. 16 (2) Subsection (1) applies to information or a document given in 17 relation to an investigation under this part whether or not the 18 information or document was given in response to a specific 19 power under this part. 20 196 Obstructing investigator 21 (1) A person must not obstruct a health service investigator 22 exercising a power unless the person has a reasonable excuse. 23 Maximum penalty--100 penalty units. 24 (2) If a person has obstructed a health service investigator and the 25 investigator decides to proceed with the exercise of the power, 26 the investigator must warn the person that-- 27 (a) it is an offence to cause an obstruction unless the person 28 has a reasonable excuse; and 29 Page 122
Health and Hospitals Network Bill 2011 Part 9 Health service investigations [s 197] (b) the investigator considers the person's conduct an 1 obstruction. 2 (3) In this section-- 3 obstruct includes assault, hinder, resist, attempt to obstruct 4 and threaten to obstruct. 5 197 Duty of confidentiality of health service investigators 6 (1) This section applies to a person who-- 7 (a) is or has been a health service investigator; and 8 (b) in that capacity was given information. 9 (2) The person must not disclose the information to anyone else. 10 Maximum penalty--100 penalty units. 11 (3) However, the person may disclose the information to 12 someone else-- 13 (a) to the extent necessary to perform the person's functions 14 under or in relation to this Act; or 15 (b) if the person to whom the information relates consents 16 in writing to the disclosure; or 17 (c) if the disclosure is otherwise required or permitted by 18 another Act or law. 19 (4) Also, the person may disclose the information to someone 20 else if-- 21 (a) the disclosure is to-- 22 (i) the relevant chief executive; or 23 (ii) another person authorised in writing by the 24 relevant chief executive to receive the information; 25 and 26 (b) the purpose of the disclosure under this section is to 27 allow further disclosure of the information under section 28 160. 29 Page 123
Health and Hospitals Network Bill 2011 Part 9 Health service investigations [s 198] 198 Disclosure to person under Coroners Act 2003 1 Section 197 does not apply to the disclosure of information to 2 a person who requires the information to perform a function 3 under the Coroners Act 2003, other than for the preparation of 4 an annual report. 5 199 Reports by health service investigators 6 (1) A health service investigator must prepare and provide a 7 report to the appointer for each health service investigation. 8 (2) In preparing the report, the health service investigator must-- 9 (a) have regard to any report provided by a clinical reviewer 10 under section 136; and 11 (b) attach the reviewer's report to the investigator's report. 12 (3) The investigator's report may include recommendations on 13 ways in which the administration, management or delivery of 14 public sector health services, including employment matters, 15 can be improved. 16 (4) Subsection (5) applies to a report provided to the chief 17 executive after an investigation in a network. 18 (5) After considering the report, the chief executive may issue a 19 direction to the network. 20 (6) The network must comply with the direction. 21 (7) Subsection (8) applies to a report provided-- 22 (a) to the chief executive after an investigation in the 23 department; or 24 (b) to a network chief executive after an investigation in the 25 network. 26 (8) After considering the report, the chief executive or the 27 network chief executive may take the action he or she 28 considers appropriate in relation to the matters identified in 29 the report. 30 Page 124
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 200] 200 Chief executive may request report from network chief 1 executives 2 (1) This section applies if a report is provided to a network chief 3 executive after an investigation in the network. 4 (2) If requested by the chief executive, the network chief 5 executive must give a copy of the report to the chief executive. 6 Part 10 Monitoring and enforcement 7 Division 1 Interpretation 8 201 Definitions for pt 10 9 In this part-- 10 court means a Magistrates Court. 11 disposal order see section 244(2). 12 electronic document means a document of a type under the 13 Acts Interpretation Act 1954, section 36, definition document, 14 paragraph (c). 15 former owner see section 239(1). 16 general power see section 224(1). 17 help requirement see section 225(1). 18 identity card, for a provision about inspectors, means an 19 identity card issued under section 207(1). 20 information notice, about a decision, means a notice stating 21 the following-- 22 (a) the decision; 23 (b) the reasons for it; 24 Page 125
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 201] (c) that the person to whom the notice is given may apply to 1 the chief executive for a review of the decision within 20 2 business days after the person receives the notice; 3 (d) how to apply for a review. 4 inspector means a person who holds office under this part as 5 an inspector. 6 notice means a written notice. 7 occupier, of a place, includes the following-- 8 (a) if there is more than 1 person who apparently occupies 9 the place--any 1 of the persons; 10 (b) any person at the place who is apparently acting with the 11 authority of a person who apparently occupies the place; 12 (c) if no-one apparently occupies the place--any person 13 who is an owner of the place. 14 of, a place, includes at or on the place. 15 offence warning, for a direction or requirement by an 16 inspector, means a warning that, without a reasonable excuse, 17 it is an offence for the person to whom the direction is given 18 or of whom the requirement is made not to comply with it. 19 owner, for a thing that has been seized under this Act, 20 includes a person who would be entitled to possession of the 21 thing had it not been seized. 22 personal details requirement see section 245(5). 23 person in control-- 24 (a) of a vehicle, includes-- 25 (i) the vehicle's driver or rider; and 26 (ii) anyone who reasonably appears to be, claims to be, 27 or acts as if he or she is, the vehicle's driver or rider 28 or the person in control of the vehicle; or 29 (b) of another thing, includes anyone who reasonably 30 appears to be, claims to be, or acts as if he or she is, the 31 person in possession or control of the thing. 32 Page 126
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 201] place includes the following-- 1 (a) premises; 2 (b) vacant land; 3 (c) a place in Queensland waters; 4 (d) a place held under more than 1 title or by more than 1 5 owner; 6 (e) the land or water where a building or structure, or a 7 group of buildings or structures, is situated. 8 premises includes-- 9 (a) a building or other structure; and 10 (b) a part of a building or other structure; and 11 (c) a caravan or vehicle; and 12 (d) a cave or tent; and 13 (e) premises held under more than 1 title or by more than 1 14 owner. 15 public place means-- 16 (a) a place, or part of the place-- 17 (i) the public is entitled to use, is open to members of 18 the public or is used by the public, whether or not 19 on payment of money; or 20 Examples of a place that may be a public place under 21 subparagraph (i)-- 22 a beach, a park, a road 23 (ii) the occupier of which allows, whether or not on 24 payment of money, members of the public to enter; 25 or 26 Examples of a place that may be a public place under 27 subparagraph (ii)-- 28 a saleyard, a showground 29 (b) a place that is a public place under another Act. 30 Page 127
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 202] reasonably believes means believes on grounds that are 1 reasonable in the circumstances. 2 reasonably suspects means suspects on grounds that are 3 reasonable in the circumstances. 4 vehicle-- 5 (a) means a vehicle under the Transport Operations (Road 6 Use Management) Act 1995; and 7 (b) includes a vessel under that Act. 8 Division 2 General provisions about 9 inspectors 10 Subdivision 1 Functions and appointment 11 202 Functions of inspectors 12 An inspector has the following functions-- 13 (a) to investigate, monitor and enforce compliance with this 14 Act; 15 (b) to investigate or monitor whether an occasion has arisen 16 for the exercise of powers under this Act; 17 (c) to facilitate the exercise of powers under this Act. 18 203 Appointment and qualifications 19 (1) The chief executive may, by instrument in writing, appoint 20 any of the following persons as an inspector-- 21 (a) a public service officer of the department; 22 (b) a health service employee; 23 (c) a person prescribed under a regulation. 24 (2) However, the chief executive may appoint a person as an 25 inspector only if the chief executive is satisfied the person is 26 Page 128
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 204] qualified for appointment because the person has the 1 necessary expertise or experience. 2 204 Appointment conditions and limit on powers 3 (1) An inspector holds office on any conditions stated in-- 4 (a) the inspector's instrument of appointment; or 5 (b) a signed notice given to the inspector; or 6 (c) a regulation. 7 (2) The instrument of appointment, a signed notice given to the 8 inspector or a regulation may limit the inspector's powers. 9 (3) In this section-- 10 signed notice means a notice signed by the chief executive. 11 205 When office ends 12 (1) The office of a person as an inspector ends if any of the 13 following happens-- 14 (a) the term of office stated in a condition of office ends; 15 (b) under another condition of office, the office ends; 16 (c) the inspector's resignation under section 206 takes 17 effect. 18 (2) Subsection (1) does not limit the ways the office of a person as 19 an inspector ends. 20 (3) In this section-- 21 condition of office means a condition under which the 22 inspector holds office. 23 206 Resignation 24 (1) An inspector may resign by signed notice given to the chief 25 executive. 26 Page 129
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 207] (2) However, if holding office as an inspector is a condition of the 1 inspector holding another office, the inspector may not resign 2 as an inspector without resigning from the other office. 3 Subdivision 2 Identity cards 4 207 Issue of identity card 5 (1) The chief executive must issue an identity card to each 6 inspector. 7 (2) The identity card must-- 8 (a) contain a recent photo of the inspector; and 9 (b) contain a copy of the inspector's signature; and 10 (c) identify the person as an inspector under this Act; and 11 (d) state an expiry date for the card. 12 (3) This section does not prevent the issue of a single identity 13 card to a person for this Act and other purposes. 14 208 Production or display of identity card 15 (1) In exercising a power in relation to a person in the person's 16 presence, an inspector must-- 17 (a) produce the inspector's identity card for the person's 18 inspection before exercising the power; or 19 (b) have the identity card displayed so it is clearly visible to 20 the person when exercising the power. 21 (2) However, if it is not practicable to comply with subsection (1), 22 the inspector must produce the identity card for the person's 23 inspection at the first reasonable opportunity. 24 (3) For subsection (1), an inspector does not exercise a power in 25 relation to a person only because the inspector has entered a 26 place as mentioned in section 212(1)(b) or (d). 27 Page 130
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 209] 209 Return of identity card 1 If the office of a person as an inspector ends, the person must 2 return the person's identity card to the chief executive within 3 21 days after the office ends unless the person has a 4 reasonable excuse. 5 Maximum penalty--10 penalty units. 6 Subdivision 3 Miscellaneous provisions 7 210 References to exercise of powers 8 If-- 9 (a) a provision of this part refers to the exercise of a power 10 by an inspector; and 11 (b) there is no reference to a specific power; 12 the reference is to the exercise of all or any inspectors' powers 13 under this part or a warrant, to the extent the powers are 14 relevant. 15 211 Reference to document includes reference to 16 reproductions from electronic document 17 A reference in this part to a document includes a reference to 18 an image or writing-- 19 (a) produced from an electronic document; or 20 (b) not yet produced, but reasonably capable of being 21 produced, from an electronic document, with or without 22 the aid of another article or device. 23 Page 131
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 212] Division 3 Entry of places by inspectors 1 Subdivision 1 Power to enter 2 212 General power to enter places 3 (1) An inspector may enter a place if-- 4 (a) an occupier at the place consents under subdivision 2 to 5 the entry and section 215 has been complied with for the 6 occupier; or 7 (b) it is a public place and the entry is made when the place 8 is open to the public; or 9 (c) the entry is authorised under a warrant and, if there is an 10 occupier of the place, section 222 has been complied 11 with for the occupier; or 12 (d) it is a public sector health service facility and is-- 13 (i) open for carrying on business; or 14 (ii) otherwise open for entry. 15 (2) If the power to enter arose only because an occupier of the 16 place consented to the entry, the power is subject to any 17 conditions of the consent and ceases if the consent is 18 withdrawn. 19 (3) If the power to enter is under a warrant, the power is subject to 20 the terms of the warrant. 21 Subdivision 2 Entry by consent 22 213 Application of sdiv 2 23 This subdivision applies if an inspector intends to ask an 24 occupier of a place to consent to the inspector or another 25 inspector entering the place under section 212(1)(a). 26 Page 132
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 214] 214 Incidental entry to ask for access 1 For the purpose of asking the occupier for the consent, an 2 inspector may, without the occupier's consent or a warrant-- 3 (a) enter land around premises at the place to an extent that 4 is reasonable to contact the occupier; or 5 (b) enter part of the place the inspector reasonably 6 considers members of the public ordinarily are allowed 7 to enter when they wish to contact an occupier of the 8 place. 9 215 Matters inspector must tell occupier 10 Before asking for the consent, the inspector must give a 11 reasonable explanation to the occupier-- 12 (a) about the purpose of the entry, including the powers 13 intended to be exercised; and 14 (b) that the occupier is not required to consent; and 15 (c) that the consent may be given subject to conditions and 16 may be withdrawn at any time. 17 216 Consent acknowledgement 18 (1) If the consent is given, the inspector may ask the occupier to 19 sign an acknowledgement of the consent. 20 (2) The acknowledgement must state-- 21 (a) the purpose of the entry, including the powers to be 22 exercised; and 23 (b) the following has been explained to the occupier-- 24 (i) the purpose of the entry, including the powers 25 intended to be exercised; 26 (ii) that the occupier is not required to consent; 27 (iii) that the consent may be given subject to conditions 28 and may be withdrawn at any time; and 29 Page 133
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 217] (c) the occupier gives the inspector or another inspector 1 consent to enter the place and exercise the powers; and 2 (d) the time and day the consent was given; and 3 (e) any conditions of the consent. 4 (3) If the occupier signs the acknowledgement, the inspector must 5 immediately give a copy to the occupier. 6 (4) If-- 7 (a) an issue arises in a proceeding about whether the 8 occupier consented to the entry; and 9 (b) an acknowledgement complying with subsection (2) for 10 the entry is not produced in evidence; 11 the onus of proof is on the person relying on the lawfulness of 12 the entry to prove the occupier consented. 13 Subdivision 3 Entry under warrant 14 217 Application for warrant 15 (1) An inspector may apply to a magistrate for a warrant for a 16 place. 17 (2) The inspector must prepare a written application that states 18 the grounds on which the warrant is sought. 19 (3) The written application must be sworn. 20 (4) The magistrate may refuse to consider the application until the 21 inspector gives the magistrate all the information the 22 magistrate requires about the application in the way the 23 magistrate requires. 24 Example-- 25 The magistrate may require additional information supporting the 26 written application to be given by statutory declaration. 27 Page 134
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 218] 218 Issue of warrant 1 (1) The magistrate may issue the warrant for the place only if the 2 magistrate is satisfied there are reasonable grounds for 3 suspecting that there is at the place, or will be at the place 4 within the next 7 days, a particular thing or activity that may 5 provide evidence of an offence against this Act. 6 (2) The warrant must state-- 7 (a) the place to which the warrant applies; and 8 (b) that a stated inspector or any inspector may with 9 necessary and reasonable help and force-- 10 (i) enter the place and any other place necessary for 11 entry to the place; and 12 (ii) exercise the inspector's powers; and 13 (c) particulars of the offence that the magistrate considers 14 appropriate; and 15 (d) the name of the person suspected of having committed 16 the offence unless the name is unknown or the 17 magistrate considers it inappropriate to state the name; 18 and 19 (e) the evidence that may be seized under the warrant; and 20 (f) the hours of the day or night when the place may be 21 entered; and 22 (g) the magistrate's name; and 23 (h) the day and time of the warrant's issue; and 24 (i) the day, within 14 days after the warrant's issue, the 25 warrant ends. 26 219 Electronic application 27 (1) An application under section 217 may be made by phone, fax, 28 email, radio, videoconferencing or another form of electronic 29 communication if the inspector reasonably considers it 30 necessary because of-- 31 Page 135
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 220] (a) urgent circumstances; or 1 (b) other special circumstances, including, for example, the 2 inspector's remote location. 3 (2) The application-- 4 (a) may not be made before the inspector prepares the 5 written application under section 217(2); but 6 (b) may be made before the written application is sworn. 7 220 Additional procedure if electronic application 8 (1) For an application made under section 219, the magistrate 9 may issue the warrant (the original warrant) only if the 10 magistrate is satisfied-- 11 (a) it was necessary to make the application under section 12 219; and 13 (b) the way the application was made under section 219 was 14 appropriate. 15 (2) After the magistrate issues the original warrant-- 16 (a) if there is a reasonably practicable way of immediately 17 giving a copy of the warrant to the inspector, including, 18 for example, by sending a copy by fax or email, the 19 magistrate must immediately give a copy of the warrant 20 to the inspector; or 21 (b) otherwise-- 22 (i) the magistrate must tell the inspector the 23 information mentioned in section 218(2); and 24 (ii) the inspector must complete a form of warrant, 25 including by writing on it the information 26 mentioned in section 218(2) provided by the 27 magistrate. 28 (3) The copy of the warrant mentioned in subsection (2)(a), or the 29 form of warrant completed under subsection (2)(b) (in either 30 case the duplicate warrant), is a duplicate of, and as effectual 31 as, the original warrant. 32 Page 136
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 221] (4) The inspector must, at the first reasonable opportunity, send to 1 the magistrate-- 2 (a) the written application complying with section 217(2) 3 and (3); and 4 (b) if the inspector completed a form of warrant under 5 subsection (2)(b)--the completed form of warrant. 6 (5) The magistrate must keep the original warrant and, on 7 receiving the documents under subsection (4)-- 8 (a) attach the documents to the original warrant; and 9 (b) give the original warrant and documents to the clerk of 10 the court of the relevant Magistrates Court. 11 (6) Despite subsection (3), if-- 12 (a) an issue arises in a proceeding about whether an 13 exercise of a power was authorised by a warrant issued 14 under this section; and 15 (b) the original warrant is not produced in evidence; 16 the onus of proof is on the person relying on the lawfulness of 17 the exercise of the power to prove a warrant authorised the 18 exercise of the power. 19 (7) This section does not limit section 217. 20 (8) In this section-- 21 relevant Magistrates Court, in relation to a magistrate, means 22 the Magistrates Court that the magistrate constitutes under the 23 Magistrates Act 1991. 24 221 Defect in relation to a warrant 25 (1) A warrant is not invalidated by a defect in-- 26 (a) the warrant; or 27 (b) compliance with this subdivision; 28 unless the defect affects the substance of the warrant in a 29 material particular. 30 Page 137
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 222] (2) In this section-- 1 warrant includes a duplicate warrant mentioned in section 2 220(3). 3 222 Entry procedure 4 (1) This section applies if an inspector is intending to enter a 5 place under a warrant issued under this subdivision. 6 (2) Before entering the place, the inspector must do or make a 7 reasonable attempt to do the following things-- 8 (a) identify himself or herself to a person who is an 9 occupier of the place and is present by producing the 10 inspector's identity card or another document 11 evidencing the inspector's appointment; 12 (b) give the person a copy of the warrant; 13 (c) tell the person the inspector is permitted by the warrant 14 to enter the place; 15 (d) give the person an opportunity to allow the inspector 16 immediate entry to the place without using force. 17 (3) However, the inspector need not comply with subsection (2) if 18 the inspector believes on reasonable grounds that entry to the 19 place is required to ensure the execution of the warrant is not 20 frustrated. 21 (4) In this section-- 22 warrant includes a duplicate warrant mentioned in section 23 220(3). 24 Division 4 General powers of inspectors after 25 entering places 26 223 Application of div 4 27 (1) The power under this division may be exercised if an 28 inspector enters a place under section 212(1)(a), (c) or (d). 29 Page 138
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 224] (2) However, if the inspector enters under section 212(1)(a) or (c), 1 the powers under this division are subject to any conditions of 2 the consent or terms of the warrant. 3 224 General powers 4 (1) The inspector may do any of the following (each a general 5 power)-- 6 (a) search any part of the place; 7 (b) inspect, examine or film any part of the place or 8 anything at the place; 9 (c) take for examination a thing, or a sample of or from a 10 thing, at the place; 11 (d) place an identifying mark in or on anything at the place; 12 (e) take an extract from, or copy, a document at the place, or 13 take the document to another place to copy; 14 (f) produce an image or writing at the place from an 15 electronic document or, to the extent it is not 16 practicable, take a thing containing an electronic 17 document to another place to produce an image or 18 writing; 19 (g) take to, into or onto the place and use any person, 20 equipment and materials the inspector reasonably 21 requires for exercising the inspector's powers under this 22 division; 23 (h) remain at the place for the time necessary to achieve the 24 purpose of the entry. 25 (2) The inspector may take a necessary step to allow the exercise 26 of a general power. 27 (3) If the inspector takes a document from the place to copy it, the 28 inspector must copy and return the document to the place as 29 soon as practicable. 30 (4) If the inspector takes from the place an article or device 31 reasonably capable of producing a document from an 32 electronic document to produce the document, the inspector 33 Page 139
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 225] must produce the document and return the article or device to 1 the place as soon as practicable. 2 (5) In this section-- 3 examine includes analyse, test, account, measure, weigh, 4 grade, gauge and identify. 5 film includes photograph, videotape and record an image in 6 another way. 7 inspect, a thing, includes open the thing and examine its 8 contents. 9 225 Power to require reasonable help 10 (1) The inspector may make a requirement (a help requirement) 11 of an occupier of the place or a person at the place to give the 12 inspector reasonable help to exercise a general power, 13 including, for example, to produce a document or to give 14 information. 15 (2) When making the help requirement, the inspector must give 16 the person an offence warning for the requirement. 17 226 Offence to contravene help requirement 18 (1) A person of whom a help requirement has been made must 19 comply with the requirement unless the person has a 20 reasonable excuse. 21 Maximum penalty--100 penalty units. 22 (2) It is a reasonable excuse for an individual not to comply with 23 a help requirement if complying might tend to incriminate the 24 individual or expose the individual to a penalty. 25 (3) However, subsection (2) does not apply if a document or 26 information the subject of the help requirement is required to 27 be held or kept by the defendant under this Act. 28 Page 140
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 227] Division 5 Seizure and forfeiture 1 Subdivision 1 Power to seize 2 227 Seizing evidence at a place that may be entered without 3 consent or warrant 4 An inspector who enters a place the inspector may enter under 5 this part without the consent of an occupier of the place and 6 without a warrant may seize a thing at the place if the 7 inspector reasonably believes the thing is evidence of an 8 offence against this Act. 9 228 Seizing evidence at a place that may be entered only with 10 consent or warrant 11 (1) This section applies if-- 12 (a) an inspector is authorised to enter a place only with the 13 consent of an occupier of the place or a warrant; and 14 (b) the inspector enters the place after obtaining the consent 15 or under a warrant. 16 (2) If the inspector enters the place with the occupier's consent, 17 the inspector may seize a thing at the place only if-- 18 (a) the inspector reasonably believes the thing is evidence 19 of an offence against this Act; and 20 (b) seizure of the thing is consistent with the purpose of 21 entry as explained to the occupier when asking for the 22 occupier's consent. 23 (3) If the inspector enters the place under a warrant, the inspector 24 may seize the evidence for which the warrant was issued. 25 (4) The inspector may also seize anything else at the place if the 26 inspector reasonably believes-- 27 (a) the thing is evidence of an offence against this Act; and 28 (b) the seizure is necessary to prevent the thing being-- 29 Page 141
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 229] (i) hidden, lost or destroyed; or 1 (ii) used to continue, or repeat, the offence. 2 (5) The inspector may also seize a thing at the place if the 3 inspector reasonably believes it has just been used in 4 committing an offence against this Act. 5 229 Seizure of property subject to security 6 (1) An inspector may seize a thing, and exercise powers relating 7 to the thing, despite a lien or other security over the thing 8 claimed by another person. 9 (2) However, the seizure does not affect the other person's claim 10 to the lien or other security against a person other than the 11 inspector or a person acting for the inspector. 12 Subdivision 2 Powers to support seizure 13 230 Requirement of person in control of thing to be seized 14 (1) To enable a thing to be seized, an inspector may require the 15 person in control of it-- 16 (a) to take it to a stated reasonable place by a stated 17 reasonable time; and 18 (b) if necessary, to remain in control of it at the stated place 19 for a stated reasonable period. 20 (2) The requirement-- 21 (a) must be made by notice; or 22 (b) if for any reason it is not practicable to give a notice, 23 may be made orally and confirmed by notice as soon as 24 practicable. 25 Page 142
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 231] 231 Offence to contravene seizure requirement 1 A person of whom a requirement is made under section 230 2 must comply with the requirement unless the person has a 3 reasonable excuse. 4 Maximum penalty--100 penalty units. 5 232 Power to secure seized thing 6 (1) Having seized a thing under this division, an inspector may-- 7 (a) leave it at the place where it was seized (the place of 8 seizure) and take reasonable action to restrict access to 9 it; or 10 (b) move it from the place of seizure. 11 (2) For subsection (1)(a), the inspector may, for example-- 12 (a) seal the thing, or the entrance to the place of seizure, and 13 mark the thing or place to show access to the thing or 14 place is restricted; or 15 (b) for equipment--make it inoperable; or 16 Example-- 17 make it inoperable by dismantling it or removing a component 18 without which the equipment can not be used 19 (c) require a person the inspector reasonably believes is in 20 control of the place or thing to do an act mentioned in 21 paragraph (a) or (b) or anything else an inspector could 22 do under subsection (1)(a). 23 233 Offence to contravene other seizure requirement 24 A person must comply with a requirement made of the person 25 under section 232(2)(c) unless the person has a reasonable 26 excuse. 27 Maximum penalty--100 penalty units. 28 Page 143
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 234] 234 Offence to interfere 1 (1) If access to a seized thing is restricted under section 232, a 2 person must not tamper with the thing or with anything used 3 to restrict access to the thing without-- 4 (a) an inspector's approval; or 5 (b) a reasonable excuse. 6 Maximum penalty--100 penalty units. 7 (2) If access to a place is restricted under section 232, a person 8 must not enter the place in contravention of the restriction or 9 tamper with anything used to restrict access to the place 10 without-- 11 (a) an inspector's approval; or 12 (b) a reasonable excuse. 13 Maximum penalty--100 penalty units. 14 Subdivision 3 Safeguards for seized things 15 235 Receipt and information notice for seized thing 16 (1) This section applies if an inspector seizes anything under this 17 division unless-- 18 (a) the inspector reasonably believes there is no-one 19 apparently in possession of the thing or it has been 20 abandoned; or 21 (b) because of the condition, nature and value of the thing it 22 would be unreasonable to require the inspector to 23 comply with this section. 24 (2) The inspector must, as soon as practicable after seizing the 25 thing, give an owner or person in control of the thing before it 26 was seized-- 27 (a) a receipt for the thing that generally describes the thing 28 and its condition; and 29 (b) an information notice about the decision to seize it. 30 Page 144
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 236] (3) However, if an owner or person from whom the thing is seized 1 is not present when it is seized, the receipt and information 2 notice may be given by leaving them in a conspicuous 3 position and in a reasonably secure way at the place at which 4 the thing is seized. 5 (4) The receipt and information notice may-- 6 (a) be given in the same document; and 7 (b) relate to more than 1 seized thing. 8 (5) The inspector may delay giving the receipt and information 9 notice if the inspector reasonably suspects giving them may 10 frustrate or otherwise hinder an investigation by the inspector 11 under this Act. 12 (6) However, the delay may be only for so long as the inspector 13 continues to have the reasonable suspicion and remains in the 14 vicinity of the place at which the thing was seized to keep it 15 under observation. 16 236 Access to seized thing 17 (1) Until a seized thing is forfeited or returned, the inspector who 18 seized the thing must allow an owner of the thing-- 19 (a) to inspect it at any reasonable time and from time to 20 time; and 21 (b) if it is a document--to copy it. 22 (2) Subsection (1) does not apply if it is impracticable or would 23 be unreasonable to allow the inspection or copying. 24 (3) The inspection or copying must be allowed free of charge. 25 237 Return of seized thing 26 (1) This section applies if a seized thing has some intrinsic value 27 and is not-- 28 (a) forfeited or transferred under subdivision 4 or 5; or 29 (b) subject to a disposal order under division 6. 30 Page 145
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 238] (2) The inspector must return the seized thing to an owner-- 1 (a) generally--at the end of 6 months after the seizure; or 2 (b) if a proceeding for an offence involving the thing is 3 started within the 6 months--at the end of the 4 proceeding and any appeal from the proceeding. 5 (3) Despite subsection (2), if the thing was seized as evidence, the 6 inspector must return the thing seized to an owner as soon as 7 practicable after the inspector is satisfied-- 8 (a) its continued retention as evidence is no longer 9 necessary; and 10 (b) its continued retention is not necessary to prevent it 11 being used to continue, or repeat, an offence against this 12 Act; and 13 (c) it is lawful for the owner to possess it. 14 (4) Nothing in this section affects a lien or other security over the 15 seized thing. 16 Subdivision 4 Forfeiture 17 238 Forfeiture by chief executive decision 18 (1) The chief executive may decide a seized thing is forfeited to 19 the State if an inspector-- 20 (a) after making reasonable inquiries, can not find an 21 owner; or 22 (b) after making reasonable efforts, can not return it to an 23 owner. 24 (2) However, the inspector is not required to-- 25 (a) make inquiries if it would be unreasonable to make 26 inquiries to find an owner; or 27 Page 146
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 239] (b) make efforts if it would be unreasonable to make efforts 1 to return the thing to an owner. 2 Example for paragraph (b)-- 3 the owner of the thing has migrated to another country 4 (3) Regard must be had to the thing's condition, nature and value 5 in deciding-- 6 (a) whether it is reasonable to make inquiries or efforts; and 7 (b) if inquiries or efforts are made--what inquiries or 8 efforts, including the period over which they are made, 9 are reasonable. 10 239 Information notice about forfeiture decision 11 (1) If the chief executive decides under section 238(1) to forfeit a 12 thing, the chief executive must as soon as practicable give a 13 person who owned the thing immediately before the forfeiture 14 (the former owner) an information notice about the decision. 15 (2) The information notice may be given by leaving it at the place 16 where the thing was seized, in a conspicuous position and in a 17 reasonably secure way. 18 (3) The information notice must state that the former owner may 19 apply for a stay of the decision if he or she appeals against the 20 decision. 21 (4) However, subsections (1) to (3) do not apply if the place 22 where the thing was seized is-- 23 (a) a public place; or 24 (b) a place where the notice is unlikely to be read by the 25 former owner. 26 240 Forfeiture on conviction 27 (1) On the conviction of a person for an offence against this Act, 28 the court may order the forfeiture to the State of-- 29 (a) anything used to commit the offence; or 30 Page 147
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 241] (b) anything else the subject of the offence. 1 (2) The court may make the order-- 2 (a) whether or not the thing has been seized; or 3 (b) if the thing has been seized--whether or not the thing 4 has been returned to the former owner of the thing. 5 (3) The court may make any order to enforce the forfeiture it 6 considers appropriate. 7 (4) This section does not limit the court's powers under another 8 law. 9 241 Procedure and powers for making forfeiture order 10 (1) A forfeiture order may be made on a conviction on the court's 11 initiative or on an application by the prosecution. 12 (2) In deciding whether to make a forfeiture order for a thing, the 13 court-- 14 (a) may require notice to be given to anyone the court 15 considers appropriate, including, for example, any 16 person who may have any property in the thing; and 17 (b) must hear any submissions that any person claiming to 18 have any property in the thing may wish to make. 19 Subdivision 5 Dealing with property forfeited or 20 transferred to State 21 242 When thing becomes property of the State 22 A thing becomes the property of the State if-- 23 (a) the thing is forfeited to the State under section 238(1) or 24 240; or 25 (b) the owner of the thing and the State agree, in writing, to 26 the transfer of the ownership of the thing to the State. 27 Page 148
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 243] 243 How property may be dealt with 1 (1) This section applies if, under section 242, a thing becomes the 2 property of the State. 3 (2) The chief executive may deal with the thing as the chief 4 executive considers appropriate, including, for example, by 5 destroying it or giving it away. 6 (3) The chief executive must not deal with the thing in a way that 7 could prejudice the outcome of an appeal against the 8 forfeiture under this part. 9 (4) If the chief executive sells the thing, the chief executive may, 10 after deducting the costs of the sale, return the proceeds of the 11 sale to the former owner of the thing. 12 (5) This section is subject to any disposal order made for the 13 thing. 14 Division 6 Disposal orders 15 244 Disposal order 16 (1) This section applies if a person is convicted of an offence 17 against this Act. 18 (2) The court may make an order (a disposal order), on its own 19 initiative or on an application by the prosecution, for the 20 disposal of any of the following things owned by the person-- 21 (a) anything that was the subject of, or used to commit, the 22 offence; 23 (b) another thing the court considers is likely to be used by 24 the person or another person in committing a further 25 offence against this Act. 26 (3) The court may make a disposal order for a thing-- 27 (a) whether or not it has been seized under this Act; and 28 (b) if the thing has been seized--whether or not it has been 29 returned to the former owner. 30 Page 149
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 245] (4) In deciding whether to make a disposal order for a thing, the 1 court-- 2 (a) may require notice to be given to anyone the court 3 considers appropriate, including, for example, any 4 person who may have any property in the thing; and 5 (b) must hear any submissions that any person claiming to 6 have any property in the thing may wish to make. 7 (5) The court may make any order to enforce the disposal order 8 that it considers appropriate. 9 (6) This section does not limit the court's powers under another 10 law. 11 Division 7 Other information-obtaining powers 12 245 Power to require name and address 13 (1) This section applies if an inspector-- 14 (a) finds a person committing an offence against this Act; or 15 (b) finds a person in circumstances that lead the inspector to 16 reasonably suspect the person has just committed an 17 offence against this Act; or 18 (c) has information that leads the inspector to reasonably 19 suspect a person has just committed an offence against 20 this Act. 21 (2) The inspector may require the person to state the person's 22 name and residential address. 23 (3) The inspector may also require the person to give evidence of 24 the correctness of the stated name or address if, in the 25 circumstances, it would be reasonable to expect the person 26 to-- 27 (a) be in possession of evidence of the correctness of the 28 stated name or address; or 29 (b) otherwise be able to give the evidence. 30 Page 150
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 246] (4) When making a personal details requirement, the inspector 1 must give the person an offence warning for the requirement. 2 (5) A requirement under this section is a personal details 3 requirement. 4 246 Offence to contravene personal details requirement 5 (1) A person of whom a personal details requirement has been 6 made must comply with the requirement unless the person has 7 a reasonable excuse. 8 Maximum penalty--100 penalty units. 9 (2) A person may not be convicted of an offence under subsection 10 (1) unless the person is found guilty of the offence in relation 11 to which the personal details requirement was made. 12 247 Power to require information 13 (1) This section applies if an inspector reasonably believes-- 14 (a) an offence against this Act has been committed; and 15 (b) a person may be able to give information about the 16 offence. 17 (2) The inspector may, by notice given to the person, require the 18 person to give the inspector information related to the offence 19 at a stated reasonable time and place. 20 (3) A requirement under subsection (2) is an information 21 requirement. 22 (4) For information that is an electronic document, compliance 23 with the information requirement requires the giving of a clear 24 image or written version of the electronic document. 25 (5) In this section-- 26 information includes a document. 27 Page 151
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 248] 248 Offence to contravene information requirement 1 (1) A person of whom an information requirement is made must 2 comply with the requirement unless the person has a 3 reasonable excuse. 4 Maximum penalty--100 penalty units. 5 (2) It is a reasonable excuse for an individual not to give the 6 information if giving the information might tend to 7 incriminate the individual or expose the individual to a 8 penalty. 9 Division 8 Miscellaneous provisions relating 10 to inspectors 11 Subdivision 1 Damage 12 249 Duty to avoid inconvenience and minimise damage 13 In exercising a power, an inspector must take all reasonable 14 steps to cause as little inconvenience, and do as little damage, 15 as possible. 16 Note-- 17 See also section 251. 18 250 Notice of damage 19 (1) This section applies if-- 20 (a) an inspector damages something when exercising, or 21 purporting to exercise, a power; or 22 (b) a person (the assistant) acting under the direction or 23 authority of an inspector damages something. 24 (2) However, this section does not apply to damage the inspector 25 reasonably considers is trivial or if the inspector reasonably 26 believes-- 27 Page 152
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 251] (a) there is no-one apparently in possession of the thing; or 1 (b) the thing has been abandoned. 2 (3) The inspector must give notice of the damage to the person 3 who appears to the inspector to be an owner, or person in 4 control, of the thing. 5 (4) However, if for any reason it is not practicable to comply with 6 subsection (3), the inspector must-- 7 (a) leave the notice at the place where the damage 8 happened; and 9 (b) ensure it is left in a conspicuous position and in a 10 reasonably secure way. 11 (5) The inspector may delay complying with subsection (3) or (4) 12 if the inspector reasonably suspects complying with the 13 subsection may frustrate or otherwise hinder the performance 14 of an inspector's functions. 15 (6) The delay may be only for so long as the inspector continues 16 to have the reasonable suspicion and remains in the vicinity of 17 the place. 18 (7) If the inspector believes the damage was caused by a latent 19 defect in the thing or other circumstances beyond the control 20 of the inspector or the assistant, the inspector may state the 21 belief in the notice. 22 (8) The notice must state-- 23 (a) particulars of the damage; and 24 (b) that the person who suffered the damage may claim 25 compensation under section 251. 26 Subdivision 2 Compensation 27 251 Compensation 28 (1) A person may claim compensation from the State if the person 29 incurs loss because of the exercise, or purported exercise, of a 30 Page 153
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 252] power by or for an inspector including a loss arising from 1 compliance with a requirement made of the person under this 2 part. 3 (2) However, subsection (1) does not include loss arising from a 4 lawful seizure or lawful forfeiture. 5 (3) The compensation may be claimed and ordered in a 6 proceeding-- 7 (a) brought in a court with jurisdiction for the recovery of 8 the amount of compensation claimed; or 9 (b) for an alleged offence against this Act the investigation 10 of which gave rise to the claim for compensation. 11 (4) A court may order the payment of compensation only if it is 12 satisfied it is just to make the order in the circumstances of the 13 particular case. 14 (5) In considering whether it is just to order compensation, the 15 court must have regard to any relevant offence committed by 16 the claimant. 17 (6) A regulation may prescribe other matters that may, or must, 18 be taken into account by the court when considering whether 19 it is just to order compensation. 20 (7) Section 249 does not provide for a statutory right of 21 compensation other than is provided by this section. 22 (8) In this section-- 23 loss includes costs and damage. 24 Subdivision 3 Other offences relating to 25 inspectors 26 252 Giving inspector false or misleading information 27 (1) A person must not, in relation to the administration of this 28 Act, give an inspector information, or a document containing 29 information, that the person knows is false or misleading in a 30 material particular. 31 Page 154
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 253] Maximum penalty--100 penalty units. 1 (2) Subsection (1) applies to information or a document given in 2 relation to the administration of this Act whether or not the 3 information or document was given in response to a specific 4 power under this Act. 5 253 Obstructing inspector 6 (1) A person must not obstruct an inspector, or someone helping 7 an inspector, exercising a power unless the person has a 8 reasonable excuse. 9 Maximum penalty--100 penalty units. 10 (2) If a person has obstructed an inspector, or someone helping an 11 inspector, and the inspector decides to proceed with the 12 exercise of the power, the inspector must warn the person 13 that-- 14 (a) it is an offence to cause an obstruction unless the person 15 has a reasonable excuse; and 16 (b) the inspector considers the person's conduct an 17 obstruction. 18 (3) In this section-- 19 obstruct includes assault, hinder, resist, attempt to obstruct 20 and threaten to obstruct. 21 254 Impersonating inspector 22 A person must not impersonate an inspector. 23 Maximum penalty--100 penalty units. 24 Page 155
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 255] Division 9 Reviews and appeals 1 255 Right of appeal 2 A person who has a right to be given an information notice 3 about a decision made under this part has a right to appeal 4 against the decision. 5 Note-- 6 Information notices are given under sections 235 and 239. 7 256 Appeal process starts with internal review 8 (1) Every appeal against a decision must be, in the first instance, 9 by way of an application for an internal review. 10 (2) A person who has a right to appeal against a decision may 11 apply to the chief executive for a review of the decision. 12 257 How to apply for review 13 (1) An application for review of a decision must be-- 14 (a) in the approved form; and 15 (b) supported by enough information to enable the chief 16 executive to decide the application. 17 (2) The application must be made within 20 business days after-- 18 (a) the day the person is given the information notice about 19 the decision; or 20 (b) if the person is not given an information notice about the 21 decision--the day the person otherwise becomes aware 22 of the decision. 23 (3) The chief executive may extend the period for applying for the 24 review. 25 (4) The application must not be dealt with by-- 26 (a) the person who made the decision; or 27 Page 156
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 258] (b) a person in a less senior office than the person who 1 made the decision. 2 (5) Subsection (4)-- 3 (a) applies despite the Acts Interpretation Act 1954, section 4 27A; and 5 (b) does not apply to a decision made by the chief 6 executive. 7 258 Stay of operation of decision 8 (1) An application for review of a decision does not stay the 9 decision. 10 (2) However, the applicant may immediately apply for a stay of 11 the decision to the court. 12 (3) The court may stay the decision to secure the effectiveness of 13 the review and a later appeal to the court. 14 (4) The stay-- 15 (a) may be given on conditions the court considers 16 appropriate; and 17 (b) operates for the period fixed by the court; and 18 (c) may be amended or revoked by the court. 19 (5) The period of the stay must not extend past the time when the 20 chief executive makes a review decision about the decision 21 and any later period the court allows the applicant to enable 22 the applicant to appeal against the review decision. 23 (6) An application for review of a decision affects the decision, or 24 the carrying out of the decision, only if the decision is stayed. 25 259 Review decision 26 (1) The chief executive must, within 30 business days after 27 receiving the application-- 28 (a) review the decision (the original decision); and 29 Page 157
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 260] (b) make a decision (the review decision) to-- 1 (i) confirm the original decision; or 2 (ii) amend the original decision; or 3 (iii) substitute another decision for the original 4 decision; and 5 (c) give the applicant notice (the review notice) of the 6 review decision. 7 (2) If the review decision is not the decision sought by the 8 applicant, the review notice must state the following-- 9 (a) the day the notice is given to the applicant (the review 10 notice day); 11 (b) the reasons for the decision; 12 (c) that the applicant may appeal against the decision to the 13 court within 28 days after the review notice day; 14 (d) how to appeal; 15 (e) that the applicant may apply to the court for a stay of the 16 decision. 17 (3) If the chief executive does not give the review notice within 18 the 30 days, the chief executive is taken to have made a review 19 decision confirming the original decision. 20 260 Who may appeal 21 A person who has applied for review of an original decision 22 and is dissatisfied with the review decision may appeal to the 23 court against the decision. 24 261 Procedure for an appeal to the court 25 (1) An appeal to the court is started by filing a notice of appeal 26 with the clerk of the court. 27 (2) A copy of the notice must be served on the chief executive. 28 Page 158
Health and Hospitals Network Bill 2011 Part 10 Monitoring and enforcement [s 262] (3) The notice of appeal must be filed within 28 days after the 1 review notice day. 2 (4) The court may, whether before or after the time for filing the 3 notice of appeal ends, extend the period for filing the notice of 4 appeal. 5 (5) The notice of appeal must state fully the grounds of the 6 appeal. 7 262 Stay of operation of review decision 8 (1) The court may grant a stay of the operation of a review 9 decision appealed against to secure the effectiveness of the 10 appeal. 11 (2) A stay-- 12 (a) may be granted on conditions the court considers 13 appropriate; and 14 (b) operates for the period fixed by the court; and 15 (c) may be amended or revoked by the court. 16 (3) The period of a stay stated by the court must not extend past 17 the time when the court decides the appeal. 18 (4) An appeal against a decision affects the decision, or the 19 carrying out of the decision, only if the decision is stayed. 20 263 Powers of court on appeal 21 (1) In deciding an appeal, the court-- 22 (a) has the same powers as the chief executive in making 23 the review decision appealed against; and 24 (b) is not bound by the rules of evidence; and 25 (c) must comply with natural justice. 26 (2) An appeal is by way of rehearing. 27 (3) The court may-- 28 (a) confirm the review decision; or 29 Page 159
Health and Hospitals Network Bill 2011 Part 11 Legal proceedings [s 264] (b) set aside the review decision and substitute another 1 decision; or 2 (c) set aside the review decision and return the matter to the 3 chief executive with directions the court considers 4 appropriate. 5 264 Effect of decision of court on appeal 6 (1) If the court acts to set aside the review decision and return the 7 matter to the chief executive with directions the court 8 considers appropriate, and the chief executive makes a new 9 decision, the new decision is not subject to review or appeal 10 under this division. 11 (2) If the court substitutes another decision, the substituted 12 decision is taken to be the decision of the chief executive, and 13 the chief executive may give effect to the decision as if the 14 decision was the original decision of the chief executive and 15 no application for review or appeal had been made. 16 Part 11 Legal proceedings 17 Division 1 Application 18 265 Application of pt 11 19 This part applies to a legal proceeding under this Act. 20 Division 2 Evidentiary aids 21 266 Appointments and authority 22 The following must be presumed unless a party to the 23 proceeding, by reasonable notice, requires proof of it-- 24 Page 160
Health and Hospitals Network Bill 2011 Part 11 Legal proceedings [s 267] (a) the chief executive's appointment; 1 (b) the chief health officer's appointment; 2 (c) a network chief executive's appointment; 3 (d) an inspector's appointment; 4 (e) an authorised person's appointment; 5 (f) a security officer's appointment; 6 (g) the authority of the following to do anything under this 7 Act-- 8 (i) the Minister; 9 (ii) the chief executive; 10 (iii) the chief health officer; 11 (iv) a network chief executive; 12 (v) an inspector; 13 (vi) an authorised person; 14 (vii) a security officer. 15 267 Signatures 16 A signature purporting to be the signature of the following is 17 evidence of the signature it purports to be-- 18 (a) the Minister; 19 (b) the chief executive; 20 (c) the chief health officer; 21 (d) a network chief executive; 22 (e) an inspector; 23 (f) an authorised person; 24 (g) a security officer. 25 Page 161
Health and Hospitals Network Bill 2011 Part 11 Legal proceedings [s 268] 268 Evidentiary provisions 1 A certificate purporting to be signed by the chief executive or 2 a network chief executive and stating any of the following 3 matters is evidence of the matter-- 4 (a) a stated document is one of the following things made, 5 given, issued or kept under this Act-- 6 (i) an appointment or decision; 7 (ii) a notice or requirement; 8 (iii) a record or report, or an extract from a record or 9 report; 10 (b) a stated document is another document kept under this 11 Act; 12 (c) a stated document is a copy of a thing mentioned in 13 paragraph (a) or (b); 14 (d) on a stated day, or during a stated period, an 15 appointment as an inspector, an authorised person or a 16 security officer was, or was not, in force for a stated 17 person; 18 (e) on a stated day, a stated person was given a stated notice 19 under this Act; 20 (f) on a stated day, a stated requirement was made of a 21 stated person; 22 (g) a stated amount is payable under this Act by a stated 23 person and has not been paid. 24 Division 3 Offence proceedings 25 269 Summary offences 26 A proceeding for an offence against this Act, other than an 27 offence against section 121(1), is to be taken in a summary 28 way under the Justices Act 1886. 29 Page 162
Health and Hospitals Network Bill 2011 Part 11 Legal proceedings [s 270] 270 Limitation on time for starting proceedings for summary 1 offence 2 A summary proceeding under the Justices Act 1886 for a 3 summary offence against this Act must start within whichever 4 is the longer of the following-- 5 (a) 1 year after the commission of the offence; 6 (b) 1 year after the offence comes to the knowledge of the 7 complainant, but within 2 years after the commission of 8 the offence. 9 271 Proceedings for indictable offences 10 (1) A proceeding for an indictable offence against this Act may 11 be taken, at the election of the prosecution-- 12 (a) by way of summary proceeding under the Justices Act 13 1886; or 14 (b) on indictment. 15 (2) A magistrate must not hear an indictable offence summarily 16 if-- 17 (a) the defendant asks at the start of the hearing that the 18 charge be prosecuted on indictment; or 19 (b) the magistrate considers the charge should be 20 prosecuted on indictment. 21 (3) If subsection (2) applies-- 22 (a) the magistrate must proceed by way of an examination 23 of witnesses for an indictable offence; and 24 (b) a plea of the person charged at the start of the 25 proceeding must be disregarded; and 26 (c) evidence brought in the proceeding before the 27 magistrate decided to act under subsection (2) is taken to 28 be evidence in the proceeding for the committal of the 29 person for trial or sentence; and 30 Page 163
Health and Hospitals Network Bill 2011 Part 12 Miscellaneous [s 272] (d) before committing the person for trial or sentence, the 1 magistrate must make a statement to the person as 2 required by the Justices Act 1886, section 104(2)(b). 3 272 Limitation on who may summarily hear indictable offence 4 (1) The proceeding must be before a magistrate if it is a 5 proceeding-- 6 (a) for the summary conviction of a person on a charge for 7 an indictable offence; or 8 (b) for an examination of witnesses for a charge for an 9 indictable offence. 10 (2) However, if the proceeding is brought before a justice who is 11 not a magistrate, jurisdiction is limited to taking or making a 12 procedural action or order within the meaning of the Justices 13 of the Peace and Commissioners for Declarations Act 1991. 14 273 Allegations of false or misleading information or 15 document 16 In any proceeding for an offence against this Act involving 17 false or misleading information, or a false or misleading 18 document, it is enough for a charge to state that the 19 information or document was, without specifying which, 20 `false or misleading'. 21 Part 12 Miscellaneous 22 274 Disclosure of personal information of health service 23 employees and health professionals 24 (1) Subsection (2) applies to personal information held in a health 25 agency, about a person who is, or was, a health service 26 employee or health professional engaged in delivering a 27 public sector health service. 28 Page 164
Health and Hospitals Network Bill 2011 Part 12 Miscellaneous [s 275] (2) The health agency may disclose the person's personal 1 information to another health agency if the information is 2 relevant to the person's suitability for employment or 3 engagement, or continuing employment or engagement, with 4 the other health agency. 5 (3) In this section-- 6 health agency means the department or a network. 7 personal information see the Information Privacy Act 2009, 8 section 12. 9 275 Governor in Council may dismiss members of governing 10 council 11 (1) The Governor in Council may at any time, on the 12 recommendation of the Minister, dismiss all the members of a 13 governing council. 14 (2) If the Governor in Council acts under subsection (1) the 15 members go out of office. 16 (3) The Minister may make a recommendation under subsection 17 (1) only if the Minister is satisfied it is in the public interest to 18 do so. 19 (4) No compensation is payable to a member of the governing 20 council in relation to the dismissal of the member from the 21 governing council. 22 276 Governor in Council may appoint administrator for 23 network 24 (1) This section applies-- 25 (a) if the members of a governing council are dismissed 26 under section 275; or 27 (b) if at any other time there are no members of a network's 28 governing council; or 29 (c) if, at the commencement of this section, a network's 30 governing council has not been appointed. 31 Page 165
Health and Hospitals Network Bill 2011 Part 12 Miscellaneous [s 277] (2) The Governor in Council may, on the recommendation of the 1 Minister, appoint the chief executive or another qualified 2 person to administer the network. 3 (3) In this section-- 4 qualified person means a person the Minister considers has 5 the necessary qualifications and experience to administer the 6 network. 7 277 Term and role of administrator 8 (1) This section applies to the appointment of a person under 9 section 276 as an administrator of a network under this part. 10 (2) The administrator must administer the network's affairs for 11 the term stated in the administrator's appointment. 12 (3) The Governor in Council may revoke the appointment for any 13 reason before the term of appointment expires, either to 14 appoint a different person as administrator or to appoint new 15 members of the governing council. 16 (4) While the appointment continues, the administrator is taken to 17 constitute the governing council instead of the members. 18 278 Ministerial advisory committees 19 (1) The Minister may establish the advisory committees the 20 Minister considers appropriate for this Act. 21 (2) An advisory committee has the functions the Minister 22 decides. 23 (3) A member of an advisory committee is entitled to the fees and 24 allowances fixed by the Governor in Council. 25 (4) However, a member may waive payment in whole or part. 26 279 Delegation by Minister 27 (1) The Minister may delegate the Minister's functions under this 28 Act to the chief executive. 29 Page 166
Health and Hospitals Network Bill 2011 Part 12 Miscellaneous [s 280] (2) However, the Minister must not delegate the function-- 1 (a) to decide the terms of a service agreement under section 2 38; or 3 (b) to give a direction to a network under section 44. 4 280 Protecting officials 5 (1) This section applies to each of the following persons-- 6 (a) a member of a governing council; 7 (b) a member of a committee of a governing council; 8 (c) a network chief executive; 9 (d) a health service auditor, clinical reviewer or health 10 service investigator appointed by a network chief 11 executive; 12 (e) an authorised person or security officer; 13 (f) the chief executive; 14 (g) a health service auditor, clinical reviewer or health 15 service investigator appointed by the chief executive; 16 (h) an inspector or a person acting under the direction or 17 authority of an inspector. 18 (2) The person is not civilly liable for an act done, or omission 19 made, honestly and without negligence under this Act. 20 (3) If subsection (2) prevents a civil liability attaching to the 21 person, the liability attaches instead to-- 22 (a) for a person mentioned in subsection (1)(a) to (e)--the 23 network; or 24 (b) for a person mentioned in subsection (1)(f) to (h)--the 25 State. 26 281 Approval of forms 27 The chief executive may approve forms for use under this Act. 28 Page 167
Health and Hospitals Network Bill 2011 Part 12 Miscellaneous [s 282] 282 Regulation-making power 1 (1) The Governor in Council may make regulations under this 2 Act. 3 (2) A regulation may be made about the following-- 4 (a) the amalgamation, dissolution or division of networks or 5 any other change in relation to networks; 6 (b) changing the services to be provided by a network or the 7 department, including by transferring the services to be 8 provided from one to another; 9 (c) any matter or thing necessary or convenient to facilitate 10 or support a thing mentioned in paragraphs (a) and (b); 11 (d) the operation or management of a public sector health 12 service or a public sector health service facility, 13 including any land or buildings used in connection with 14 any service or facility; 15 (e) the procedures to be followed by an RCA team in its 16 conduct of an RCA of a reportable event. 17 (3) Without limiting subsection (2)(c), a regulation may provide 18 for the following-- 19 (a) the transfer of staff; 20 (b) staff entitlements; 21 (c) the transfer of assets and liabilities, including that no 22 government duties are payable on the transfer; 23 (d) matters relating to contracts, agreements or other 24 documents entered into by a network or the department; 25 (e) the continuation of proceedings involving a network or 26 the department; 27 (f) the appointment of Act officials, authorised persons and 28 security officers; 29 (g) the control of traffic and conduct on health services 30 land; 31 Page 168
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 283] (h) the continuation of RCA teams, quality assurance 1 committees, health service audits, clinical reviews and 2 health service investigations; 3 (i) the giving of stated directions by the chief executive for 4 stated matters. 5 (4) Also, a regulation may provide for matters relating to the 6 movement of network health executives between networks or 7 between a network and the department. 8 (5) Without limiting subsection (4), a regulation may provide for 9 the following-- 10 (a) movements by agreement of the chief executive, 11 network chief executives or chairpersons of governing 12 councils; 13 (b) movements by the written direction of the Minister or 14 the chief executive; 15 (c) network health executives establishing reasonable 16 grounds to refuse movements; 17 (d) the rights and entitlements of network health executives 18 who are subject to movements, including matters 19 relating to employment contracts. 20 (6) Also, a regulation made under this Act may impose a penalty 21 of not more than 20 penalty units for a contravention of a 22 provision of a regulation. 23 Part 13 Repeal, savings and 24 transitional provisions 25 Division 1 Repeal 26 283 Repeal of Health Services Act 1991 27 The Health Services Act 1991, No. 24 is repealed. 28 Page 169
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 284] Division 2 Savings and transitional 1 284 Definitions for div 2 2 In this division-- 3 commencement means the commencement of the provision in 4 which the term is used. 5 district manager means a manager of a health service district 6 appointed under the repealed Act. 7 health service district means a health service district 8 established under the repealed Act. 9 information commissioner means the information 10 commissioner under the Right to Information Act 2009. 11 285 Existing health service employees 12 (1) This section applies to a person employed in the department 13 under the repealed Act as a health service employee 14 immediately before the commencement. 15 (2) However, this section does not apply to a health executive 16 employed in a health service district immediately before the 17 commencement. 18 (3) The person's employment continues under this Act on the 19 same terms, conditions and entitlements as those applying to 20 the person immediately before the commencement. 21 286 Existing health executives employed in health service 22 districts 23 (1) This section applies to a person employed as a health 24 executive in a health service district under the repealed Act 25 immediately before the commencement, other than as a 26 district manager. 27 (2) On the commencement, the person is appointed-- 28 (a) to the network prescribed under a regulation; and 29 Page 170
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 287] (b) on the same terms, conditions and entitlements as those 1 applying to the person immediately before the 2 commencement. 3 (3) Also, the following apply for the person-- 4 (a) the person retains and is entitled to all rights, benefits 5 and entitlements that have accrued to the person because 6 of the person's previous employment as a health service 7 employee; 8 (b) the person's accruing rights, including to 9 superannuation or recreation, sick, long service or other 10 leave, are not affected; 11 (c) continuity of service is not interrupted, except that the 12 person is not entitled to claim the benefit of a right or 13 entitlement more than once in relation to the same 14 period of service; 15 (d) the appointment does not constitute a termination of 16 employment or a retrenchment or redundancy; 17 (e) the person is not entitled to a payment or other benefit 18 because he or she is no longer employed in the 19 department. 20 (4) Subject to this section, the chief executive may issue a 21 direction to a person to facilitate the transition of health 22 executives from health service districts to a network. 23 (5) A person given a direction must comply with the direction. 24 (6) A person appointed under subsection (2) is taken to be 25 employed by the network under the contract under which the 26 person was employed before the commencement. 27 287 Chief health officer 28 (1) This section applies to the person who, immediately before 29 the commencement, was the chief health officer under the 30 repealed Act. 31 Page 171
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 288] (2) The person continues as the chief health officer under this Act 1 on the same terms of appointment that applied to the person 2 immediately before the commencement. 3 288 Continued appointment of inspectors 4 (1) This section applies to a person who, immediately before the 5 commencement, was appointed as an inspector under the 6 repealed Act. 7 (2) The person continues as an inspector under this Act on the 8 same terms of appointment that applied to the person 9 immediately before the commencement. 10 (3) The inspector may exercise the powers in a network or the 11 department. 12 289 Continued appointment of authorised persons 13 (1) This section applies to a person who, immediately before the 14 commencement, was appointed as an authorised person for a 15 health service district under the repealed Act. 16 (2) The person continues as an authorised person under this 17 Act-- 18 (a) on the same terms of appointment that applied to the 19 person immediately before the commencement; and 20 (b) for the corresponding network. 21 (3) In this section-- 22 corresponding network means the network prescribed under a 23 regulation as replacing a health service district. 24 290 Continued appointment of security officers 25 (1) This section applies to a person who, immediately before the 26 commencement, was appointed as a security officer under the 27 repealed Act for a health service district. 28 (2) The person continues as a security officer under this Act-- 29 Page 172
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 291] (a) on the same terms of appointment that applied to the 1 person immediately before the commencement; and 2 (b) for the corresponding network. 3 (3) In this section-- 4 corresponding network means the network prescribed under a 5 regulation as replacing a health service district. 6 291 Continued appointment of auditors 7 (1) This section applies to a person who, immediately before the 8 commencement, was appointed as an auditor under the 9 repealed Act. 10 (2) Subject to subsection (3), the person continues as a health 11 service auditor under this Act on the same terms of 12 appointment that applied to the person immediately before the 13 commencement. 14 (3) The health service auditor may exercise the powers in a 15 network or the department. 16 292 Continued appointment of investigators 17 (1) This section applies to a person who, immediately before the 18 commencement, was appointed as an investigator under the 19 repealed Act. 20 (2) Subject to subsection (3), the person continues as a health 21 service investigator under this Act on the same terms of 22 appointment that applied to the person immediately before the 23 commencement. 24 (3) The health service investigator may exercise the powers in a 25 network or the department. 26 293 Continuation of RCA teams 27 (1) Subsection (2) applies if an RCA team-- 28 Page 173
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 294] (a) was appointed under the repealed Act to conduct an 1 RCA of a reportable event before the commencement; 2 and 3 (b) at the commencement had not completed the RCA. 4 (2) The RCA team may complete the RCA and the RCA report 5 under the repealed Act as if the provisions of this Act had not 6 commenced. 7 (3) The provisions of the repealed Act continue to apply to the 8 RCA and the RCA report as if the provisions of this Act had 9 not commenced. 10 (4) However, if the commissioning authority is the chief 11 executive, the RCA report may be given by the chief executive 12 to the network chief executive who has responsibility for the 13 relevant health service. 14 294 Continuation of quality assurance committees 15 (1) This section applies to a quality assurance committee 16 established under the repealed Act. 17 (2) The committee continues in force under this Act and is taken 18 to be established by the entity prescribed under a regulation. 19 295 Continuation of Ministerial advisory committees 20 (1) This section applies to an advisory committee established by 21 the Minister under the repealed Act. 22 (2) The committee continues in force under this Act. 23 296 Health service audits 24 (1) This section applies if, at the commencement, an auditor is 25 performing his or her functions under the repealed Act, 26 section 54 for a matter. 27 (2) The auditor may continue to perform the functions for the 28 matter under this Act as a health service auditor in a network 29 or the department. 30 Page 174
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 297] 297 Health service investigations 1 (1) This section applies if, at the commencement, an investigator 2 is performing his or her functions under the repealed Act, 3 section 55 for a matter. 4 (2) The investigator may continue to perform the functions for the 5 matter under this Act as a health service investigator in a 6 network or the department. 7 298 Regulatory notices and information notices 8 (1) This section applies to regulatory notices or information 9 notices erected and displayed on health services land at the 10 commencement. 11 (2) The notices are, for notices erected and displayed on health 12 services land under the control of a network, taken to have 13 been erected or displayed under this Act by the network chief 14 executive from the commencement. 15 299 Authorisations and considerations by chief executive 16 (1) This section applies to-- 17 (a) an authorisation made in writing by the chief executive 18 under the repealed Act, section 62F, 62G or 62I; and 19 (b) a consideration by the chief executive that the disclosure 20 of confidential information is in the public interest under 21 the repealed Act, section 62N(1)(a)(ii) or (1)(b)(ii). 22 (2) Authorisations are taken to be made by the chief executive-- 23 (a) for an authorisation under the repealed Act, section 24 62F--under section 160; or 25 (b) for an authorisation under the repealed Act, section 26 62G--under section 149; or 27 (c) for an authorisation under the repealed Act, section 28 62I--under section 147. 29 (3) Considerations are taken to be made by the chief executive-- 30 Page 175
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 300] (a) for a consideration under the repealed Act, section 1 62N(1)(a)(ii)--under section 151(1)(a)(ii); or 2 (b) for a consideration under the repealed Act, section 3 62N(1)(b)(ii)--under section 151(1)(b)(ii). 4 300 Applications under Information Privacy Act 2009, s 43, 44 5 or 94 6 (1) This section applies if, immediately before the 7 commencement-- 8 (a) the department had started dealing with, but had not 9 finally dealt with, an application under the Information 10 Privacy Act 2009, section 43, 44 or 94; and 11 (b) documents the subject of the application are, on the 12 commencement, in the possession, or under the control, 13 of a network. 14 (2) The department must continue to deal with the application as 15 if this Act had not commenced. 16 301 Applications under Information Privacy Act 2009, s 99 17 (1) This section applies if, immediately before the 18 commencement-- 19 (a) the information commissioner had started dealing with, 20 but had not finally dealt with, an application under the 21 Information Privacy Act 2009, section 99 for a 22 reviewable decision made by the department; and 23 (b) documents the subject of the application are, on the 24 commencement, in the possession, or under the control, 25 of a network. 26 (2) The commissioner must continue to deal with the application 27 as if this Act had not commenced. 28 Page 176
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 302] 302 Persons affected by reviewable decision under the 1 Information Privacy Act 2009 2 (1) This section applies if-- 3 (a) a person was affected by a reviewable decision under the 4 Information Privacy Act 2009 made before the 5 commencement by the department; and 6 (b) immediately before the commencement, the person 7 could have applied for a review of the decision under the 8 Information Privacy Act 2009, section 94 or 99; and 9 (c) the person had not applied for the review before the 10 commencement; and 11 (d) the documents the subject of the reviewable decision 12 are, on the commencement, in the possession, or under 13 the control, of a network. 14 (2) The person may, within the period allowed under the 15 Information Privacy Act 2009, section 96(c) or 101(1)(d), 16 apply for a review of the decision as if this Act had not 17 commenced. 18 303 Applications under Right to Information Act 2009, s 24 or 19 80 20 (1) This section applies if, immediately before the 21 commencement-- 22 (a) the department had started dealing with, but had not 23 finally dealt with, an application under the Right to 24 Information Act 2009, section 24 or 80; and 25 (b) the documents the subject of the application are, on the 26 commencement, in the possession, or under the control, 27 of a network. 28 (2) The department must continue to deal with the application as 29 if this Act had not commenced. 30 Page 177
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 304] 304 Applications under Right to Information Act 2009, s 85 1 (1) This section applies if, immediately before the 2 commencement-- 3 (a) the information commissioner had started dealing with, 4 but had not finally dealt with, an application under the 5 Right to Information Act 2009, section 85 for a 6 reviewable decision made by the department; and 7 (b) the documents the subject of the application are, on the 8 commencement, in the possession, or under the control, 9 of a network. 10 (2) The commissioner must continue to deal with the application 11 as if this Act had not commenced. 12 305 Persons affected by reviewable decision under the Right 13 to Information Act 2009 14 (1) This section applies if-- 15 (a) a person was affected by a reviewable decision under the 16 Right to Information Act 2009, made before the 17 commencement by the department; and 18 (b) immediately before the commencement, the person 19 could have applied for a review of the decision under the 20 Right to Information Act 2009, section 80 or 85; and 21 (c) the person had not applied for the review before the 22 commencement; and 23 (d) the documents the subject of the reviewable decision 24 are, on the commencement, in the possession, or under 25 the control, of a network. 26 (2) The person may, within the period allowed under the Right to 27 Information Act 2009, section 82(c) or 88(1)(d), apply for a 28 review of the decision as if this Act had not commenced. 29 Page 178
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 306] 306 Assistance must be provided 1 (1) This section applies if a network has possession or control of 2 the documents mentioned in sections 300 to 305. 3 (2) The network must assist the department or information 4 commissioner in dealing with the application, including by 5 providing documents relevant to the application under the 6 Information Privacy Act 2009 or the Right to Information Act 7 2009. 8 (3) If the provision of documents includes the disclosure of 9 confidential information, then the disclosure is required or 10 permitted by law for the purposes of section 143 of this Act. 11 307 Transfer notice 12 (1) This section applies to something that-- 13 (a) was a function of, or done by, the chief executive or the 14 State before the commencement; and 15 (b) becomes a function of a network on or after the 16 commencement. 17 (2) The Minister may, to facilitate the transfer of a function 18 mentioned in subsection (1), do any of the following by 19 gazette notice (a transfer notice)-- 20 (a) transfer an asset or liability from the State to a network; 21 (b) transfer a lease, licence or other right from the State to a 22 network; 23 (c) grant a lease, licence or other right from the State to a 24 network; 25 (d) vary or extinguish a lease, easement or other right held 26 by the State; 27 (e) in relation to a lease held under the Land Act 1994-- 28 (i) transfer the lease; or 29 (ii) change a purpose for which the lease is issued; or 30 (iii) change a condition imposed on the lease; or 31 Page 179
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 307] (iv) grant a sublease; 1 (f) in relation to a reserve under the Land Act 1994-- 2 (i) change a community purpose for which the reserve 3 is dedicated; or 4 (ii) remove a trustee of the reserve; or 5 (iii) appoint a trustee of the reserve, subject to 6 conditions or without conditions; 7 (g) provide whether and, if so, the extent to which a 8 network is the successor in law of the State; 9 (h) make provision for a legal or other proceeding that is 10 being, or may be, taken by or against the State to be 11 continued or taken by or against a network; 12 (i) make provision for or about the issue, transfer or 13 application of a contract, agreement or other instrument 14 to the State or a network, including-- 15 (i) whether the State or a network holds, or is a party 16 to, an instrument; and 17 (ii) whether an instrument, or a benefit or right 18 provided by an instrument, is taken to have been 19 given to, by or in favour of the State or a network; 20 and 21 (iii) whether a reference to an entity in an instrument is 22 a reference to the State or a network; and 23 (iv) whether a right or entitlement under an instrument 24 is held by the State or a network; and 25 (v) whether, under an instrument, an amount is, or may 26 become, payable to or by the State or a network or 27 other property is, or may be, transferred to or by 28 the State or a network; 29 (j) transfer a business or shares from the State to a network; 30 (k) make provision about the consideration for shares or a 31 business, asset or liability transferred under this 32 subsection; 33 Page 180
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 307] (l) make provision about an incidental, consequential or 1 supplemental matter the Minister considers necessary to 2 allow or facilitate the transfer of functions to networks. 3 (3) A transfer notice may include conditions applying to 4 something done or to be done under the notice. 5 (4) If the Minister is satisfied it would be inappropriate for a 6 particular matter to be stated in a transfer notice (for example, 7 because of the size or nature of the matter), the Minister may 8 provide for the matter by including a reference in the transfer 9 notice to another document that is-- 10 (a) signed by the Minister; and 11 (b) kept available, at a place stated in the transfer notice, for 12 inspection by the persons to whom the matter relates. 13 (5) The transfer of a liability of the State under a transfer notice 14 discharges the State from the liability, except to the extent 15 stated in the notice. 16 (6) A transfer notice has effect despite any other law or 17 instrument. 18 (7) A transfer notice has effect on the day it is published in the 19 gazette or a later day stated in it. 20 (8) If a transfer notice makes provision for a matter under 21 subsection (2)(i) in relation to an instrument, the responsible 22 entity for the instrument must take the action necessary to 23 register or record the effect of the transfer notice, including-- 24 (a) updating a register or other record; and 25 (b) amending, cancelling, issuing or transferring an 26 instrument. 27 (9) No government duties, fees or charges are payable for 28 anything done under a transfer notice under this section. 29 (10) A transfer notice must not be made under this section after 30 30 June 2013. 31 (11) In this section-- 32 Page 181
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 308] authority includes accreditation, allocation, approval, 1 certificate, entitlement, exemption, licence, manual, notice, 2 permit and plan. 3 instrument includes an application or authority under an Act. 4 responsible entity, for an instrument, means the entity 5 required or authorised by law to register or record matters in 6 relation to the instrument. 7 308 Decisions not reviewable 8 (1) A decision relating to a transfer notice-- 9 (a) is final and conclusive; and 10 (b) can not be challenged, appealed against, reviewed, 11 quashed, set aside or called in question in any other way, 12 under the Judicial Review Act 1991 or otherwise 13 (whether by the Supreme Court, another court, a tribunal 14 or another entity); and 15 (c) is not subject to any writ or order of the Supreme Court, 16 another court, a tribunal or another entity on any ground. 17 (2) In this section-- 18 decision includes-- 19 (a) a decision to give a transfer notice; and 20 (b) a decision or conduct leading up to or forming part of 21 the process of making a decision. 22 309 Severability 23 (1) Subsection (2) applies if a provision of a transfer notice is 24 held by a court or judge to be beyond power, invalid or 25 unenforceable. 26 (2) The provision is to be disregarded or severed and the court's 27 or judge's decision does not affect the remaining provisions of 28 the transfer notice which continue to have effect. 29 Page 182
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 310] (3) This section does not limit the Acts Interpretation Act 1954, 1 section 9. 2 310 Registering authority to note transfer or other dealing 3 (1) The registrar of titles or other person required or authorised by 4 law to register or record transactions affecting assets or 5 liabilities-- 6 (a) may, without formal application, register or record in the 7 appropriate way a transfer or other dealing affecting an 8 asset or liability under a transfer notice; and 9 (b) must, on written application by a transferee entity, 10 register or record in the appropriate way the transfer of 11 an asset or liability under a transfer notice to the 12 transferee entity. 13 (2) A transaction, related to an asset or liability transferred to a 14 transferee entity, entered into by the transferee entity in the 15 relevant transferor entity's name or the name of a predecessor 16 in title to the relevant transferor entity, if effected by an 17 instrument otherwise in registrable form, must be registered 18 even though the transferee entity has not been registered as 19 proprietor of the asset or liability. 20 (3) If an asset or liability is registered in the name of a transferor 21 entity, the registrar of titles or other registering authority may 22 register a dealing for a transaction about the asset or liability 23 without being concerned to enquire whether it is, or is not, an 24 asset or liability transferred under a transfer notice. 25 (4) In this section-- 26 transferee entity means the entity to which an asset or liability 27 is transferred under a transfer notice. 28 transferor entity means the entity from which an asset or 29 liability is transferred under a transfer notice. 30 311 Effect on legal relationships 31 (1) Nothing done under a transfer notice-- 32 Page 183
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 311] (a) makes a relevant entity liable for a civil wrong or 1 contravention of a law, including for a breach of a 2 contract, confidence or duty; or 3 (b) makes a relevant entity in breach of any instrument, 4 including an instrument prohibiting, restricting or 5 regulating the assignment, novation or transfer of a right 6 or liability or the disclosure of information; or 7 (c) except as expressly provided under a transfer notice, is 8 taken to fulfil a condition that-- 9 (i) terminates, or allows a person to terminate, an 10 instrument or obligation; or 11 (ii) modifies, or allows a person to modify, the 12 operation or effect of an instrument or obligation; 13 or 14 (iii) allows a person to avoid or enforce an obligation or 15 liability contained in an instrument or requires a 16 person to perform an obligation contained in an 17 instrument; or 18 (iv) requires any money to be paid before its stated 19 maturity; or 20 (d) releases a surety or other obligee, wholly or partly, from 21 an obligation. 22 (2) If, apart from this subsection, the advice, consent or approval 23 of a person would be necessary to do something under a 24 transfer notice, the advice is taken to have been obtained or 25 the consent or approval is taken to have been given 26 unconditionally. 27 Example-- 28 A contract entered into by the State provides that the State agrees not to 29 transfer a particular asset without a particular person's consent and that, 30 if the consent is given, it may be subject to particular conditions. If the 31 asset is transferred to another entity under a transfer notice, the consent 32 required under the contract is taken to have been given unconditionally. 33 (3) If, apart from this subsection, giving notice to a person would 34 be necessary to do something under a transfer notice, the 35 notice is taken to have been given. 36 Page 184
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 312] (4) A reference in this section to things done under a transfer 1 notice includes the steps taken, before the transfer notice is 2 made, for the purpose of doing the things. 3 (5) In this section-- 4 relevant entity means the State or an employee or agent of the 5 State. 6 312 Things done under transfer notice 7 To remove any doubt, it is declared that a thing is taken to be 8 done under a transfer notice if it is done by, or in compliance 9 with, a transfer notice, even if the thing includes taking steps 10 under another Act. 11 313 Requirement for network to develop engagement 12 strategies 13 (1) This section applies to the requirement for a network to 14 develop and publish the following strategies under section 15 40-- 16 (a) a clinician engagement strategy; 17 (b) a consumer and community engagement strategy. 18 (2) The network must develop and publish each of the strategies 19 within 6 months after the commencement of this section. 20 314 Requirement for network to develop protocol 21 (1) This section applies to the requirement for a network to use its 22 best endeavours to agree on and publish a protocol under 23 section 42. 24 (2) The network must use its best endeavours to agree on and 25 publish the protocol within 6 months after the commencement 26 of this section. 27 Page 185
Health and Hospitals Network Bill 2011 Part 13 Repeal, savings and transitional provisions [s 315] 315 Advertising for members of governing councils before 1 commencement 2 (1) Subsection (2) applies if, before the commencement, the 3 Minister has advertised for expressions of interest from 4 suitably qualified persons interested in being members of a 5 governing council. 6 (2) The advertisement is taken to have been made under section 7 24. 8 316 Reporting obligations for prescribed public hospitals to 9 continue 10 (1) This section applies to the obligations under the repealed Act, 11 part 4A about reporting the performance of prescribed public 12 hospitals. 13 (2) The obligations under the repealed Act, part 4A continue to 14 apply until a day prescribed by regulation. 15 317 Transitional regulation-making power 16 (1) A regulation (a transitional regulation) may make provision 17 about a matter for which-- 18 (a) it is necessary to make provision to allow or facilitate 19 the establishment of, and the transfer of functions to, a 20 network; and 21 (b) this Act does not make provision or sufficient provision. 22 (2) A transitional regulation may have retrospective operation to a 23 day not earlier than the day this section commences. 24 (3) A transitional regulation must declare it is a transitional 25 regulation. 26 (4) This section and any transitional regulation expire on 30 June 27 2013. 28 Page 186
Health and Hospitals Network Bill 2011 Part 14 Amendment of Tobacco and Other Smoking Products Act 1998 [s 318] Part 14 Amendment of Tobacco and 1 Other Smoking Products Act 2 1998 3 318 Act amended 4 This part amends the Tobacco and Other Smoking Products 5 Act 1998. 6 319 Insertion of new pt 2, div 1A 7 Part 2-- 8 insert-- 9 `Division 1A Point of sale at a retail outlet 10 `13B Number of points of sale 11 `A supplier must not sell smoking products at more than 1 12 point of sale at a retail outlet. 13 Maximum penalty--140 penalty units.'. 14 320 Omission of pt 2, div 4 hdg (Signage) 15 Part 2, division 4, heading-- 16 omit. 17 321 Amendment and relocation of s 20 (Supplier must display 18 particular signs) 19 (1) Section 20, heading-- 20 omit, insert-- 21 `20 Display of signage at supplier's relevant point of sale'. 22 (2) Section 20(1)-- 23 omit, insert-- 24 Page 187
Health and Hospitals Network Bill 2011 Part 14 Amendment of Tobacco and Other Smoking Products Act 1998 [s 322] `(1) A supplier must display, at the supplier's relevant point of 1 sale, a sign prescribed under a regulation as a mandatory sign. 2 Maximum penalty--20 penalty units. 3 `(1A) A supplier may display, at the supplier's relevant point of sale, 4 a sign prescribed under a regulation as a permitted sign.'. 5 (3) Section 20(1A) and (2)-- 6 renumber as section 20(2) and (3). 7 (4) Section 20-- 8 relocate and renumber, in part 2A, division 1, as section 9 26HC. 10 322 Amendment and relocation of s 21 (Person in charge of 11 tobacco product vending machine must attach particular 12 signs) 13 (1) Section 21, from `a prohibition' to `smoking sign'-- 14 omit, insert-- 15 `a sign prescribed under a regulation as a mandatory sign'. 16 (2) Section 21-- 17 relocate and renumber, in part 2A, division 2, as section 26IF. 18 323 Amendment of s 25 (Definitions for pt 2A) 19 (1) Section 25, definitions humidified container and smoking 20 product-- 21 omit. 22 (2) Section 25-- 23 insert-- 24 `relevant point of sale, of a supplier, means the point of sale 25 at a retail outlet at which the supplier sells smoking products. 26 Note-- 27 Section 13B provides that smoking products may be sold by a supplier 28 at not more than 1 point of sale at a retail outlet. 29 Page 188
Health and Hospitals Network Bill 2011 Part 14 Amendment of Tobacco and Other Smoking Products Act 1998 [s 324] smoking product means-- 1 (a) a tobacco product, herbal cigarette, loose smoking blend 2 or smoking related product; or 3 (b) a package or carton of a thing mentioned in paragraph 4 (a).'. 5 324 Replacement of ss 26A-26H 6 Sections 26A to 26H-- 7 omit, insert-- 8 `26A Prohibition on display, and restrictions on 9 advertising, of smoking products 10 `(1) A supplier must not display a smoking product. 11 Maximum penalty--140 penalty units. 12 `(2) A supplier must not advertise a smoking product other than at 13 a retail outlet. 14 Maximum penalty--140 penalty units. 15 `(3) A supplier must not advertise a smoking product at a retail 16 outlet in any way other than a way specifically provided for in 17 another section of this division. 18 Maximum penalty--140 penalty units. 19 `(4) If a smoking product is kept by a supplier at a retail outlet in 20 compliance with this division, the supplier does not 21 contravene this section merely because the smoking product is 22 seen by another person. 23 `26B Location of smoking products at retail outlet 24 `Smoking products may be kept at a retail outlet only at or in 25 the following places-- 26 (a) at or near the supplier's relevant point of sale, only if the 27 smoking products are kept either-- 28 (i) on the seller's side of the point of sale; or 29 Page 189
Health and Hospitals Network Bill 2011 Part 14 Amendment of Tobacco and Other Smoking Products Act 1998 [s 324] (ii) above or below a counter, but not on a counter, 1 where customers are served, in a way that the 2 smoking products can not be accessed by 3 customers; 4 (b) for cigars--in a humidified room where the cigars can 5 be accessed by customers only if, while a customer is in 6 the room, the customer is accompanied by the supplier 7 or an employee of the supplier; 8 (c) in a room or other place, if the smoking products are 9 kept in a way that they can not be accessed by 10 customers. 11 Example-- 12 a locked storage room used to store products not for immediate 13 sale 14 `26C Smoking products must be kept out of sight of 15 customers 16 `(1) Smoking products kept at a retail outlet must be kept in a way 17 that they are not visible to customers. 18 `(2) Also, if smoking products are kept at or near the supplier's 19 relevant point of sale, the smoking products must be 20 concealed by a covering that-- 21 (a) is opaque; and 22 (b) is of a colour or design that does not make a feature of 23 the covering as distinct from its surrounds. 24 `(3) Despite subsections (1) and (2), the fleeting incidental view 25 by a customer of an area of no more than 1m2 of smoking 26 products is permitted only to the extent required to carry out 27 activities in the ordinary course of the supplier's business. 28 Example of activities carried out in the ordinary course of the supplier's 29 business-- 30 removing smoking products as part of a transaction 31 Page 190
Health and Hospitals Network Bill 2011 Part 14 Amendment of Tobacco and Other Smoking Products Act 1998 [s 325] `26D Smoking products must not constitute advertisement 1 `An arrangement of smoking products must not-- 2 (a) constitute a tobacco advertisement itself; or 3 (b) create a composite picture or other meaningful visual 4 image whose component parts are printed on individual 5 cartons or packages. 6 `26E Display of retail prices of smoking products 7 `(1) This section applies if smoking products are kept at or near a 8 supplier's relevant point of sale. 9 `(2) The retail price of smoking products available, or usually 10 available, for sale at the retail outlet may be displayed only by 11 a price ticket or other indicator of price-- 12 (a) fixed at the place where the smoking products are kept; 13 and 14 (b) in the form prescribed under a regulation. 15 `(3) A display of the retail price of smoking products must not 16 include anything else about the price of a smoking product, 17 including, for example, a thing that states the price is 18 discounted. 19 `(4) A supplier does not advertise a smoking product merely by 20 displaying the retail price of the product in compliance with 21 this section.'. 22 325 Replacement of s 26IA (Advertising or display to be as 23 provided under this division) 24 Section 26IA-- 25 omit, insert-- 26 `26IA Prohibition on display, and restrictions on advertising, 27 of smoking products 28 `A person in charge of a tobacco product vending machine 29 must not-- 30 Page 191
Health and Hospitals Network Bill 2011 Part 14 Amendment of Tobacco and Other Smoking Products Act 1998 [s 326] (a) display a smoking product in or on the machine; or 1 (b) advertise a smoking product in or on the machine other 2 than as allowed under this division. 3 Maximum penalty--140 penalty units.'. 4 326 Omission of ss 26IB and 26IC 5 Sections 26IB and 26IC-- 6 omit. 7 327 Amendment of s 26ID (Display of retail prices of tobacco 8 product) 9 (1) Section 26ID(1) and (2)-- 10 omit, insert-- 11 `(1) If a tobacco product is available or usually available for sale in 12 a tobacco product vending machine, the retail price of the 13 tobacco product may be displayed only by a price ticket, or 14 other indicator of price, as prescribed under a regulation.'. 15 (2) Section 26ID(3), from `A' to `products, must'-- 16 omit, insert-- 17 `A display of the prices of tobacco products must'. 18 (3) Section 26ID(3)-- 19 renumber as section 26ID(2). 20 (4) Section 26ID-- 21 insert-- 22 `(3) A person in charge of a tobacco product vending machine 23 does not advertise a tobacco product merely by displaying the 24 retail price of the product in compliance with this section.'. 25 328 Amendment of s 26IE (Certain business names allowed) 26 (1) Section 26IE(1) and (2), `display a tobacco product'-- 27 Page 192
Health and Hospitals Network Bill 2011 Part 15 Consequential amendments [s 329] omit, insert-- 1 `display a smoking product'. 2 (2) Section 26IE(1), `to a tobacco product'-- 3 omit, insert-- 4 `to a smoking product'. 5 (3) Section 26IE(2), `tobacco products'-- 6 omit, insert-- 7 `smoking products'. 8 329 Amendment of schedule (Dictionary) 9 (1) Schedule, definitions carton, humidified container, 10 prohibition sign and quit smoking sign-- 11 omit. 12 (2) Schedule-- 13 insert-- 14 `carton means a package containing, or designed to contain, 15 immediate packages of a smoking product. 16 relevant point of sale, for part 2A, see section 25.'. 17 (3) Schedule, definition package-- 18 insert-- 19 `(f) for cigars--a package containing cigars packed by the 20 manufacturer, or importer, of the cigars.'. 21 Part 15 Consequential amendments 22 330 Acts amended 23 Schedule 1 amends the Acts mentioned in it. 24 Page 193
Health and Hospitals Network Bill 2011 Schedule 1 Schedule 1 Consequential amendments 1 section 330 2 Part 1 Amendment of this Act 3 1 Long title, from `Queensland'-- 4 omit, insert-- 5 `Queensland'. 6 2 Section 14, `schedule 3'-- 7 omit, insert-- 8 `schedule 2'. 9 3 Section 32, `schedule 2'-- 10 omit, insert-- 11 `schedule 1'. 12 4 Schedule 2-- 13 renumber as schedule 1. 14 5 Schedule 1, as renumbered, section 1, heading, `sch 2'-- 15 omit, insert-- 16 `sch 1'. 17 6 Schedule 3-- 18 renumber as schedule 2. 19 Page 194
Health and Hospitals Network Bill 2011 Schedule 1 Part 2 Amendment of other legislation 1 Ambulance Service Act 1991 2 1 Section 23(4), definition chief executive (health)-- 3 omit, insert-- 4 `chief executive (health) means the chief executive of the 5 department in which the Health and Hospitals Network Act 6 2011 is administered.'. 7 2 Sections 43(3)(b), 48(2)(a) and 53C(c), `Health Services 8 Act 1991'-- 9 omit, insert-- 10 `Health and Hospitals Network Act 2011'. 11 3 Schedule, definition health service-- 12 omit, insert-- 13 `health service see the Health and Hospitals Network Act 14 2011, schedule 2.'. 15 Building Act 1975 16 1 Section 245G(4), definition person in charge, paragraph 17 (a)-- 18 omit, insert-- 19 `(a) for a public sector hospital under the Health and 20 Hospitals Network Act 2011--the person responsible 21 for the day-to-day operation and control of the hospital; 22 or'. 23 Page 195
Health and Hospitals Network Bill 2011 Schedule 1 2 Section 245H(6), definition health professional, 1 paragraph (a)-- 2 omit, insert-- 3 `(a) a person who is a health professional under the Health 4 and Hospitals Network Act 2011;'. 5 3 Schedule 2, definition chief executive (health)-- 6 `chief executive (health) means the chief executive of the 7 department in which the Health and Hospitals Network Act 8 2011 is administered.'. 9 Child Protection Act 1999 10 1 Section 159D, definition prescribed entity-- 11 insert-- 12 `(daa) a network chief executive within the meaning of the 13 Health and Hospitals Network Act 2011;'. 14 2 Section 159H(1)-- 15 insert-- 16 `(baa) a network chief executive within the meaning of the 17 Health and Hospitals Network Act 2011;'. 18 3 Section 159M(1)-- 19 insert-- 20 `(caa) a network chief executive within the meaning of the 21 Health and Hospitals Network Act 2011;'. 22 Page 196
Health and Hospitals Network Bill 2011 Schedule 1 4 Section 159O(4), definitions confidential information and 1 health services designated person-- 2 omit, insert-- 3 `confidential information see the Health and Hospitals 4 Network Act 2011, schedule 2. 5 designated person see the Health and Hospitals Network Act 6 2011, schedule 2. 7 health services designated person means a designated 8 person.'. 9 5 Section 159R(2), examples, `Health Services Act 1991, 10 section 62A(1)'-- 11 omit, insert-- 12 `Health and Hospitals Network Act 2011, section 142(1)'. 13 6 Section 248-- 14 insert-- 15 `(1A) Also, the prescribed entity mentioned in subsection (5)(viii) 16 must include details, in the report, of the operations of each 17 Local Health and Hospital Network, established under the 18 Health and Hospitals Network Act 2011, during the previous 19 financial year, that are relevant to child protection.'. 20 Child Protection (Offender Prohibition Order) Act 2008 21 1 Section 42(5), definition government entity-- 22 omit, insert-- 23 `government entity does not include the chief executive of the 24 department in which the Health and Hospitals Network Act 25 2011 is administered or a Local Health and Hospital Network 26 under that Act.'. 27 Page 197
Health and Hospitals Network Bill 2011 Schedule 1 Commission for Children and Young People and Child 1 Guardian Act 2000 2 1 Section 45(2), examples, `Health Services Act 1991, 3 section 62A'-- 4 omit, insert-- 5 `Health and Hospitals Network Act 2011, section 142'. 6 2 Section 144(7), definition genuine researcher, paragraph 7 (b)-- 8 omit, insert-- 9 `(b) a member of a quality assurance committee established 10 under the Health and Hospitals Network Act 2011, 11 section 82; or'. 12 3 Section 147(6), from `Health Services Act 1991' to 13 `agent'-- 14 omit, insert-- 15 `Health and Hospitals Network Act 2011, section 142, it is 16 declared a designated person'. 17 Coroners Act 2003 18 1 Section 9(1)(a)(iii)(B), from `Health Services Act 1991'-- 19 omit, insert-- 20 `Health and Hospitals Network Act 2011 is administered or by 21 a Local Health and Hospital Network under that Act, or at 22 which the department or a network provides services; or'. 23 Page 198
Health and Hospitals Network Bill 2011 Schedule 1 2 Section 25(7), definitions health executive and health 1 service employee-- 2 omit, insert-- 3 `health executive means a health executive under the Health 4 and Hospitals Network Act 2011. 5 health service employee means a health service employee 6 under the Health and Hospitals Network Act 2011.'. 7 3 Section 47(3), definition relevant Act, paragraph (a)(iii)-- 8 omit, insert-- 9 `(iii) for the death of a person mentioned in section 10 9(1)(a)(iii)--the Health and Hospitals Network Act 11 2011; or'. 12 4 Section 53(9), definition genuine researcher, paragraph 13 (b)-- 14 omit, insert-- 15 `(b) a person who is a member of a quality assurance 16 committee established under the Health and Hospitals 17 Network Act 2011, section 82; or'. 18 5 Schedule 2, definition health chief executive-- 19 omit, insert-- 20 `health chief executive means the chief executive of the 21 department in which the Health and Hospitals Network Act 22 2011 is administered.'. 23 Page 199
Health and Hospitals Network Bill 2011 Schedule 1 Criminal Code 1 1 Sections 282(4) and 316A(7), definition health 2 professional-- 3 omit, insert-- 4 `health professional see the Health and Hospitals Network 5 Act 2011, schedule 2.'. 6 2 Section 340(3), definition public officer, paragraph (b)-- 7 omit, insert-- 8 `(b) a health service employee under the Health and 9 Hospitals Network Act 2011; and'. 10 Criminal Law Amendment Act 1945 11 1 Section 18(8A), from `chief executive'-- 12 omit, insert-- 13 `director of mental health.'. 14 2 Sections 18(9), `Health Services Act 1991'-- 15 omit, insert-- 16 `Health and Hospitals Network Act 2011'. 17 3 Section 18(14)-- 18 insert-- 19 `director of mental health means the person appointed as 20 director of mental health under the Mental Health Act 2000, 21 section 488.'. 22 Page 200
Health and Hospitals Network Bill 2011 Schedule 1 Disability Services Act 2006 1 1 Section 123ZZG, definition chief executive (health)-- 2 omit. 3 2 Section 123ZZG-- 4 insert-- 5 `chief executive (health) means the chief executive of the 6 department in which the Health and Hospitals Network Act 7 2011 is administered. 8 network chief executive means a network chief executive 9 under the Health and Hospitals Network Act 2011.'. 10 3 Section 123ZZH, heading `health professional or chief 11 executive (health)'-- 12 omit, insert-- 13 `health professional, chief executive (health) or network chief 14 executive'. 15 4 Section 123ZZH(1), `health professional, or the chief 16 executive (health)' 17 omit, insert-- 18 `health professional, the chief executive (health), or a network 19 chief executive'. 20 5 Section 168(2)(g), `Health Services Act 1991'-- 21 omit, insert-- 22 `Health and Hospitals Network Act 2011'. 23 6 Schedule 7-- 24 insert-- 25 Page 201
Health and Hospitals Network Bill 2011 Schedule 1 `network chief executive, for part 10A, division 8, subdivision 1 3, see section 123ZZG. 2 Disaster Management Act 2003 3 1 Section 24(1)(e), after `a department'-- 4 insert-- 5 `, or a Local Health and Hospital Network,'. 6 2 Section 24(2), `subsection (1)(c)(ii)'-- 7 omit, insert-- 8 `subsection (1)(d)(ii)'. 9 3 Section 24(3)-- 10 omit, insert-- 11 `(3) The members mentioned in subsection (1)(e) are to be 12 appointed by the chief executive of the department, or the 13 network chief executive of the Local Health and Hospital 14 Network, the member represents.'. 15 4 Section 24(5), `subsection (1)(e)'-- 16 omit, insert-- 17 `subsection (1)(f)'. 18 5 Section 24(6), `subsection (1)(c)'-- 19 omit, insert-- 20 `subsection (1)(d)'. 21 Page 202
Health and Hospitals Network Bill 2011 Schedule 1 6 Section 24(7)-- 1 omit, insert-- 2 `(7) As soon as practicable after a chief executive or network chief 3 executive appoints a person under subsection (3), the chief 4 executive or network chief executive must inform the chief 5 executive of the department, and the chairperson of the district 6 group, of the appointment.'. 7 7 Section 28B(1)(d), after `a department'-- 8 insert-- 9 `, or a Local Health and Hospital Network,'. 10 8 Schedule, definition government doctor, paragraph (b)-- 11 omit, insert-- 12 `(b) employed in the following-- 13 (i) the department which administers the Public 14 Health Act 2005; 15 (ii) a network within the meaning of the Health and 16 Hospitals Network Act 2011.'. 17 9 Schedule, definition government nurse, paragraph (b)-- 18 omit, insert-- 19 `(b) employed in the following-- 20 (i) the department which administers the Public 21 Health Act 2005; 22 (ii) a network within the meaning of the Health and 23 Hospitals Network Act 2011.'. 24 10 Schedule-- 25 insert-- 26 Page 203
Health and Hospitals Network Bill 2011 Schedule 1 `Local Health and Hospital Network means a Local Health 1 and Hospital Network established under the Health and 2 Hospitals Network Act 2011, section 17. 3 `network chief executive see the Health and Hospitals 4 Network Act 2011, schedule 2.'. 5 Drug Court Act 2000 6 1 Section 36A(3), definition interested entity, paragraph 7 (d)-- 8 omit, insert-- 9 `(d) the department in which the Health and Hospitals 10 Network Act 2011 is administered.'. 11 2 Section 39A(2), definition drug court team, paragraph 12 (d)-- 13 omit, insert-- 14 `(d) a health service employee under the Health and 15 Hospitals Network Act 2011;'. 16 3 Schedule, definitions chief executive (health) and health 17 professional-- 18 omit, insert-- 19 `chief executive (health) means the chief executive of the 20 department in which the Health and Hospitals Network Act 21 2011 is administered. 22 health professional see the Health and Hospitals Network Act 23 2011, schedule 2.'. 24 Page 204
Health and Hospitals Network Bill 2011 Schedule 1 Evidence Act 1977 1 1 Section 95A(9), definition chief executive-- 2 omit, insert-- 3 `chief executive means the chief executive of the department 4 within which the Health and Hospitals Network Act 2011 is 5 administered.'. 6 2 Section 133A(1)-- 7 omit, insert-- 8 `(1) The chief executive of the department within which the 9 Health and Hospitals Network Act 2011 is administered, if 10 satisfied the officer has the necessary qualifications and 11 experience to be a DNA analyst, may appoint as a DNA 12 analyst-- 13 (a) a public service officer employed in the department; or 14 (b) a health service employee employed in the department 15 under the Health and Hospitals Network Act 2011.'. 16 3 Section 134A(6)-- 17 omit, insert-- 18 `(6) If a document mentioned in subsection (1) is a document that 19 contains information to which the Health and Hospitals 20 Network Act 2011, section 142(1) applies, the document is, 21 for the purposes of section 143 of that Act, information that is 22 required or permitted to be given under this Act.'. 23 Food Act 2006 24 1 Schedule 3, definition health service employee-- 25 omit, insert-- 26 Page 205
Health and Hospitals Network Bill 2011 Schedule 1 `health service employee see the Health and Hospitals 1 Network Act 2011, schedule 2.'. 2 Food Production (Safety) Act 2000 3 1 Schedule 2, definition health chief executive-- 4 omit, insert-- 5 `health chief executive means the chief executive of the 6 department responsible for the administration of the Health 7 and Hospitals Network Act 2011.'. 8 Guardianship and Administration Act 2000 9 1 Schedule 4, definition ethics committee, paragraph 10 (b)(i)-- 11 omit, insert-- 12 `(i) an ethics committee established by a public sector 13 hospital within the meaning of the Health and 14 Hospitals Network Act 2011; or'. 15 Health Act 1937 16 1 Section 5, definition hospital-- 17 omit, insert-- 18 `hospital see the Health and Hospitals Network Act 2011, 19 schedule 2.'. 20 Page 206
Health and Hospitals Network Bill 2011 Schedule 1 2 Sections 18A(3) and 136, definition health service 1 employee-- 2 omit, insert-- 3 `health service employee see the Health and Hospitals 4 Network Act 2011, schedule 2.'. 5 3 Section 132(za), `Health Services Act 1991'-- 6 omit, insert-- 7 `Health and Hospitals Network Act 2011'. 8 Health Quality and Complaints Commission Act 2006 9 1 Sections 16(d) and 170-- 10 omit. 11 2 Schedule 5, definitions chief health officer, health 12 community council and public sector hospital-- 13 omit. 14 3 Schedule 5-- 15 insert-- 16 `chief health officer see the Health and Hospitals Network 17 Act 2011, schedule 2. 18 public sector hospital see the Health and Hospitals Network 19 Act 2011, schedule 2.'. 20 Page 207
Health and Hospitals Network Bill 2011 Schedule 1 Hospitals Foundations Act 1982 1 1 Section 4, definitions associated health community 2 council, health community council, health service district 3 and hospital-- 4 omit. 5 2 Section 4-- 6 insert-- 7 `associated Local Health and Hospital Network, for an 8 associated hospital, means a Local Health and Hospital 9 Network for the network area in which the hospital is situated. 10 hospital means a public sector hospital. 11 Local Health and Hospital Network means a Local Health 12 and Hospital Network established under the Health and 13 Hospitals Network Act 2011, section 17. 14 network area see the Health and Hospitals Network Act 2011, 15 schedule 2. 16 public sector hospital see the Health and Hospitals Network 17 Act 2011, schedule 2.'. 18 3 Section 15(1)(a), `Health Services Act 1991 and the'-- 19 omit. 20 4 Section 18(3)(a)(i) and (ii)-- 21 omit, insert-- 22 `(i) if there is only one Local Health and Hospital 23 Network for the hospitals that are, or are to be, the 24 associated hospitals for the body corporate--the 25 chairperson of the governing council for the 26 network or the chairperson's nominee; 27 (ii) if there is more than one Local Health and Hospital 28 Network for the hospitals that are, or are to be, the 29 Page 208
Health and Hospitals Network Bill 2011 Schedule 1 associated hospitals for the body corporate--the 1 chairperson of the governing council for the 2 network prescribed under a regulation or the 3 chairperson's nominee;'. 4 5 Section 37(1), from `chief'-- 5 omit, insert-- 6 `network chief executive of the associated Local Health and 7 Hospital Network.'. 8 6 Section 38(1)-- 9 omit, insert-- 10 `(1) A body corporate may make use of employees in the 11 associated Local Health and Hospital Network on the terms 12 and conditions agreed upon by the body corporate and the 13 network chief executive of the network.'. 14 7 Section 38(2), from `may'-- 15 omit, insert-- 16 `may, with the agreement of the network chief executive of an 17 associated network-- 18 (a) occupy land under the control of the network; and 19 (b) use premises, office furniture and equipment occupied, 20 owned or used by the network.'. 21 8 Section 74-- 22 omit, insert-- 23 Page 209
Health and Hospitals Network Bill 2011 Schedule 1 `Part 9 Transitional provisions for 1 Health and Hospitals Network 2 Act 2011 3 `74 Definition for pt 9 4 `In this section-- 5 commencement means the commencement of this part. 6 `75 Members of body corporate continue to hold office after 7 commencement 8 `(1) This section applies to a person who is a member of a body 9 corporate under section 18(3)(a) immediately before the 10 commencement. 11 `(2) The person continues to hold office after the commencement 12 until-- 13 (a) the end of the person's term of office; or 14 (b) the person earlier vacates office.'. 15 Information Privacy Act 2009 16 1 Section 27(1), section 30, editor's note, section 31, `the 17 health department'-- 18 omit, insert-- 19 `health agencies'. 20 2 Section 31, heading, `Health department'-- 21 omit, insert-- 22 `Health agencies'. 23 Page 210
Health and Hospitals Network Bill 2011 Schedule 1 3 Section 31(1), `The health department'-- 1 omit, insert-- 2 `Health agencies'. 3 4 Section 31(3), `the health department's'-- 4 omit, insert-- 5 `a health agency's'. 6 5 Section 32(1), `The health department is'-- 7 omit, insert-- 8 `Health agencies are'. 9 6 Section 33, `the health department'-- 10 omit, insert-- 11 `a health agency'. 12 7 Schedule 4, section 1, subsections (1) and (2), section 2, 13 subsection (1) and notes, section 3, section 4, subsection 14 (1), section 5, subsection (1), section 6, subsection (2), 15 section 7, subsection (4), section 9, subsection (1), `The 16 department'-- 17 omit, insert-- 18 `A health agency'. 19 8 Schedule 4, section 1, subsection (3), from `the 20 department collects' to `the department must'-- 21 omit, insert-- 22 `a health agency collects personal information about an 23 individual from the individual, the health agency must'. 24 Page 211
Health and Hospitals Network Bill 2011 Schedule 1 9 Schedule 4, section 1, subsections (3)(a) and (3)(d), 1 section 2, subsections (1)(a)(ii), (1)(c)(i), (1)(c)(iii), (1)(d), 2 (1)(e), (1)(g), (3)(b), 5(a), (5)(b), (5)(d) and (5)(e), section 4, 3 subsection (2), section 6, subsection (2)(a), section 9, 4 subsection (2)(a) and (3)(c), `the department'-- 5 omit, insert-- 6 `the health agency'. 7 10 Schedule 4, section 1, subsections (4), (5), (6) and (7)(a), 8 section 2, subsections (1), notes, (2) and (3), section 5, 9 subsection (2), section 6, subsection (1), section 7, 10 subsections (1), (2) and (3)(a), section 8, section 9, 11 subsections (1)(e) and (2), `the department'-- 12 omit, insert-- 13 `a health agency'. 14 11 Schedule 4, section 1, subsection (7)(b), `the department 15 under' to `the department.'-- 16 omit, insert-- 17 `a health agency under an Act requiring a person to give 18 information to the health agency.'. 19 12 Schedule 4, section 2, subsection (5), `the department 20 may use an individual's'-- 21 omit, insert-- 22 `a health agency may use an individual's'. 23 13 Schedule 4, section 9(3), `the department may collect 24 health information about'-- 25 omit, insert-- 26 `a health agency may collect health information about'. 27 Page 212
Health and Hospitals Network Bill 2011 Schedule 1 14 Schedule 4, section 2, subsection (1)(c)(ii) `department'-- 1 omit, insert-- 2 `health department'. 3 15 Schedule 4, section 2, subsection (5) `the department's'-- 4 omit, insert-- 5 `the health agency's'. 6 16 Schedule 4, section 7, subsection (3)(a), `the 7 department's'-- 8 omit, insert-- 9 `the health agency's'. 10 17 Schedule 4, section 2(1), notes, `Health Services Act 11 1991, section 62A'-- 12 omit, insert-- 13 `Health and Hospitals Network Act 2011, section 142'. 14 18 Schedule 4, section 9, subsection (3)(d)(ii), `chief 15 executive of the department'-- 16 omit, insert-- 17 `relevant chief executive'. 18 19 Schedule 4, section 9, subsection (3)(d)(iii), 19 `department'-- 20 omit, insert-- 21 `health department'. 22 Page 213
Health and Hospitals Network Bill 2011 Schedule 1 20 Schedule 4, section 9, subsection (3)(d)(ii), notes, `The 1 chief executive'-- 2 omit, insert-- 3 `A relevant chief executive'. 4 21 Schedule 4, section 9, subsection (4), from `the 5 department collects' to `the department must'-- 6 omit, insert-- 7 `a health agency collects health information about an 8 individual in accordance with subsection (3), the health 9 agency must'. 10 22 Schedule 5, definitions department, designated person, 11 health department and health professional-- 12 omit. 13 23 Schedule 5-- 14 insert-- 15 `designated person, for the NPPs, see the Health and 16 Hospitals Network Act 2011, schedule 2. 17 health agency means the health department or a Local Health 18 and Hospital Network. 19 health department means the department in which the Health 20 and Hospitals Network Act 2011 is administered. 21 health professional, for the NPPs, see the Health and 22 Hospitals Network Act 2011, schedule 2. 23 Local Health and Hospital Network means a Local Health 24 and Hospital Network established under the Health and 25 Hospitals Network Act 2011, section 17. 26 network chief executive see the Health and Hospitals 27 Network Act 2011, schedule 2. 28 relevant chief executive means-- 29 Page 214
Health and Hospitals Network Bill 2011 Schedule 1 (a) for information held by a Local Health and Hospital 1 Network--the network chief executive or the chief 2 executive of the health department; or 3 (b) for information held by the health department--the 4 chief executive of the health department.'. 5 Mater Public Health Services Act 2008 6 1 Section 7, definitions confidential information, 7 designated person and health professional-- 8 omit, insert-- 9 `confidential information see the Health and Hospitals 10 Network Act 2011, schedule 2. 11 designated person see the Health and Hospitals Network Act 12 2011, schedule 2. 13 health professional see the Health and Hospitals Network Act 14 2011, schedule 2.'. 15 2 Schedule, definitions health service and public sector 16 health service-- 17 omit, insert-- 18 `health service see the Health and Hospitals Network Act 19 2011, schedule 2. 20 public sector health service see the Health and Hospitals 21 Network Act 2011, schedule 2.'. 22 Page 215
Health and Hospitals Network Bill 2011 Schedule 1 Mental Health Act 2000 1 1 Sections 318L and 318ZB, `Health Services Act 1991, 2 section 62B'-- 3 omit, insert-- 4 `Health and Hospitals Network Act 2011, section 143.'. 5 2 Section 492(1), `Health Services Act 1991, part 3'-- 6 omit, insert-- 7 `Health and Hospitals Network Act 2011, part 5'. 8 3 After section 493A-- 9 insert-- 10 `493AB Director may require production of documents etc. 11 `(1) For the proper and efficient administration of this Act, the 12 director may, by written notice, require the administrator of an 13 authorised mental health service to-- 14 (a) produce to the director a stated document (including a 15 medical record), or a copy of a stated document, about a 16 patient receiving treatment in the service or another 17 document relevant to the administration or enforcement 18 of this Act; or 19 (b) provide stated information to the director about-- 20 (i) a patient who has been examined or assessed or is 21 being examined or assessed in the health service; 22 or 23 (ii) a patient who has received, or is receiving, 24 treatment in the health service; or 25 (iii) another matter relevant to the administration or 26 enforcement of this Act. 27 `(2) The notice must state the day (the stated day) on which the 28 document, record or information is to be produced or 29 provided. 30 Page 216
Health and Hospitals Network Bill 2011 Schedule 1 `(3) The stated day must be a reasonable time after the notice is 1 given. 2 `(4) The administrator must comply with the notice unless the 3 administrator has a reasonable excuse. 4 Maximum penalty--40 penalty units. 5 `(5) It is a reasonable excuse if complying with the notice might 6 tend to incriminate the administrator. 7 `(6) If a document or medical record is produced to the director, 8 the director-- 9 (a) may inspect it and make copies of, or take extracts from, 10 the document if it is relevant to the administration of this 11 Act; and 12 (b) for an original document--must return it to the 13 administrator within a reasonable time after it is 14 produced.'. 15 4 Section 530(1)(a), `Health Services Act 1991, part 7'-- 16 omit, insert-- 17 `Health and Hospitals Network Act 2011, part 7'. 18 5 After chapter 16, part 4-- 19 insert-- 20 `Part 4A Transitional provision for 21 Health and Hospitals Network 22 Act 2011 23 `601A Definition for part 5 24 `In this part-- 25 commencement means the commencement of this part. 26 Page 217
Health and Hospitals Network Bill 2011 Schedule 1 `601B Act not to affect declaration of authorised mental health 1 service 2 `(1) This section applies to the declaration of an authorised mental 3 health service before the commencement. 4 `(2) Nothing in the Health and Hospitals Network Act 2011 affects 5 the declaration.'. 6 6 Schedule 2, definitions public sector health service and 7 public sector hospital-- 8 omit, insert-- 9 `public sector health service see the Health and Hospitals 10 Network Act 2011, schedule 2. 11 public sector hospital see the Health and Hospitals Network 12 Act 2011, schedule 2.'. 13 Penalties and Sentences Act 1992 14 1 Section 176(1)(a), `Health Services Act 1991'-- 15 omit, insert-- 16 `Health and Hospitals Network Act 2011'. 17 2 Section 176(4), from `Health Services Act 1991' to `part 18 7'-- 19 omit, insert-- 20 `Health and Hospitals Network Act 2011, section 142(1), does 21 not apply to a designated person under part 7'. 22 Page 218
Health and Hospitals Network Bill 2011 Schedule 1 Personal Injuries Proceedings Act 2002 1 1 Sections 9A(7)(a)-- 2 omit, insert-- 3 `(a) if the place at which the medical incident happened is a 4 place under the control of a Local Health and Hospital 5 Network--the network chief executive of the network; 6 or'. 7 2 Section 9A(14), definition district manager-- 8 omit. 9 3 Section 9A(14)-- 10 insert-- 11 `Local Health and Hospital Network means a Local Health 12 and Hospital Network established under the Health and 13 Hospitals Network Act 2011, section 17.'. 14 4 Schedule, definition health care provider, paragraph (b)-- 15 omit, insert-- 16 `(b) a provider of a public sector health service as defined 17 under the Health and Hospitals Network Act 2011, 18 schedule 2; or'. 19 5 Schedule, definition provider-- 20 omit, insert-- 21 `provider means a person who is a registrant under a health 22 practitioner registration Act as defined under the Health and 23 Hospitals Network Act 2011, schedule 2.'. 24 Page 219
Health and Hospitals Network Bill 2011 Schedule 1 Pest Management Act 2001 1 1 Schedule 3, definition health service employee-- 2 omit, insert-- 3 `health service employee see the Health and Hospitals 4 Network Act 2011, schedule 2.'. 5 Pharmacy Business Ownership Act 2001 6 1 Schedule, definition health service employee-- 7 omit, insert-- 8 `health service employee see the Health and Hospitals 9 Network Act 2011, schedule 2.'. 10 Plumbing and Drainage Act 2002 11 1 Section 9(3)(a)(iii), `Health Services Act 1991'-- 12 omit, insert-- 13 `Health and Hospitals Network Act 2011'. 14 Police Powers and Responsibilities Act 2000 15 1 Sections 545(6) and 546(1), `unit of the health 16 department'-- 17 omit, insert-- 18 `health agency'. 19 Page 220
Health and Hospitals Network Bill 2011 Schedule 1 2 Section 546, `officer of the health department'-- 1 omit, insert-- 2 `officer of the health agency'. 3 3 Schedule 6, definitions health department and prescribed 4 nurse-- 5 omit. 6 4 Schedule 6-- 7 insert-- 8 `health agency means the health department or a Local Health 9 and Hospitals Network. 10 health department means the department within which the 11 Health and Hospitals Network Act 2011 is administered. 12 Local Health and Hospital Network means a Local Health 13 and Hospital Network established under the Health and 14 Hospitals Network Act 2011, section 17. 15 prescribed nurse means a nurse who is employed in the health 16 department or in a Local Health and Hospital Network.'. 17 Private Health Facilities Act 1999 18 1 Schedule 3, definition chief health officer-- 19 omit, insert-- 20 `chief health officer see the Health and Hospitals Network 21 Act 2011, schedule 2.'. 22 Page 221
Health and Hospitals Network Bill 2011 Schedule 1 Public Health Act 2005 1 1 After chapter 12, part 2-- 2 insert-- 3 `Part 3 Transitional provisions for 4 Health and Hospitals Network 5 Act 2011 6 `493 Definitions for pt 3 7 `In this part-- 8 commencement means the commencement of this part. 9 network see the Health and Hospitals Network Act 2011, 10 schedule 2. 11 `494 Application for information for research 12 `(1) This section applies if-- 13 (a) the chief executive has granted an application under 14 chapter 6, part 4 for a person to be given health 15 information held by the department for research; and 16 (b) on the commencement, the period for which the 17 application has been granted has not ended; and 18 (c) on the commencement, some or all of the health 19 information given, or that may be given, to the person is 20 held by a network instead of the department. 21 `(2) The grant is taken to also apply to the health information held 22 by the network instead of the department.'. 23 2 Sections 7(f), 103, 173, 279A, 280A, chapter 6, part 4, 24 division 2, heading, 281(4), 282(1), 283(1), 284, 288, 290, 25 291(1), 292, heading, `the department'-- 26 omit, insert-- 27 `a health agency'. 28 Page 222
Health and Hospitals Network Bill 2011 Schedule 1 3 Sections 55(3), 75(7), editor's note, 77(2), 103(3), 105(2), 1 145(3), 173(5), 175(2), 208(5), editor's note, 218(5), editor's 2 note, 220(2), 236(5), editor's note, 238(2), 265(5), editor's 3 note, 266(3), 281(3), 291(3), `Health Services Act 1991, 4 section 62A'-- 5 omit, insert-- 6 `Health and Hospitals Network Act 2011, section 142'. 7 4 Sections 55(3), note, `Health Services Act 1991, section 8 62A (Confidentiality)'-- 9 omit, insert-- 10 `Health and Hospitals Network Act 2011, section 142 11 (Confidential information must not be disclosed)'. 12 5 Section 158, definition health service facility, paragraph 13 (a)-- 14 omit, insert-- 15 `(a) a public sector health service facility within the meaning 16 of the Health and Hospitals Network Act 2011; or'. 17 6 Section 227, 245, 270, `approved quality assurance 18 committee'-- 19 omit, insert-- 20 `quality assurance committee'. 21 7 Schedule 2, definitions approved quality assurance 22 committee, chief health officer, commencement, health 23 information held by the department, health service 24 employee, public sector health service and public sector 25 hospital-- 26 omit. 27 8 Schedule 2-- 28 insert-- 29 Page 223
Health and Hospitals Network Bill 2011 Schedule 1 `chief health officer see the Health and Hospitals Network 1 Act 2011, schedule 2. 2 commencement means-- 3 (a) for chapter 4, see section 147; or 4 (b) for chapter 12, part 3, see section 493. 5 health agency means the department or a network. 6 health information held by a health agency means-- 7 (a) information held by the agency about a person's health 8 or the provision of a health service to a person; or 9 (b) information about a person's health or the provision of a 10 health service to the person obtained by the agency 11 under this Act or another Act; or 12 (c) for chapter 6, part 4, information about a person's health 13 or the provision of a health service to a person held or 14 obtained by a contractor for the contractor to keep the 15 Queensland Cancer Register. 16 health service employee see Health and Hospitals Network 17 Act 2011, schedule 2. 18 network, for chapter 12, part 3, see section 493. 19 public sector health service see the Health and Hospitals 20 Network Act 2011, schedule 2. 21 public sector hospital see the Health and Hospitals Network 22 Act 2011, schedule 2. 23 quality assurance committee see the Health and Hospitals 24 Network Act 2011, schedule 2.'. 25 Page 224
Health and Hospitals Network Bill 2011 Schedule 1 Public Health (Infection Control for Personal 1 Appearance Services) Act 2003 2 1 Sections 9(6)(b) and 146(1)(b), `Health Services Act 3 1991'-- 4 omit, insert-- 5 `Health and Hospitals Network Act 2011'. 6 Public Records Act 2002 7 1 Part 6, after section 62A-- 8 insert-- 9 `Division 3 Transitional provisions for Health 10 and Hospitals Network Act 2011 11 `62B Definitions 12 `In this division-- 13 commencement means the commencement of this division. 14 department means the department in which the Health and 15 Hospitals Network Act 2011 is administered. 16 network see the Health and Hospitals Network Act 2011, 17 schedule 2. 18 `62C Responsible public authority for public record 19 `(1) Subsection (2) applies to a public record given by the 20 department to the archives before the commencement. 21 `(2) Despite section 15, the department remains the responsible 22 public authority for the record even if the record relates to a 23 function or power transferred to a network.'. 24 Page 225
Health and Hospitals Network Bill 2011 Schedule 1 Public Safety Preservation Act 1986 1 1 Schedule, definition government doctor, paragraph (b)-- 2 omit, insert-- 3 `(b) who is employed in-- 4 (i) the department which administers the Public 5 Health Act 2005; or 6 (ii) a Local Health and Hospital Network.'. 7 2 Schedule, definition government nurse, paragraph (b)-- 8 omit, insert-- 9 `(b) who is employed in-- 10 (i) the department which administers the Public 11 Health Act 2005; or 12 (ii) a Local Health and Hospital Network.'. 13 3 Schedule, definition medical controller-- 14 omit. 15 4 Schedule-- 16 insert-- 17 `Local Health and Hospital Network means a Local Health 18 and Hospital Network established under the Health and 19 Hospitals Network Act 2011, section 17. 20 medical controller means a government health officer whose 21 duties include performing functions as a controller of health 22 officers responding to a CBR emergency, employed in-- 23 (a) the department which administers the Public Health Act 24 2005; or 25 (b) a Local Health and Hospital Network.'. 26 Page 226
Health and Hospitals Network Bill 2011 Schedule 1 Public Trustee Act 1978 1 1 Section 105(4), definition governing body, paragraph 2 (a)-- 3 omit, insert-- 4 `(a) for a public sector hospital within the meaning of the Health 5 and Hospitals Network Act 2011--the network chief 6 executive of the Local Health and Hospital Network, under 7 the Health and Hospitals Network Act 2011, in which the 8 hospital is located; or'. 9 Radiation Safety Act 1999 10 1 Section 209(7), `Health Services Act 1991, section 11 62A(1)'-- 12 omit, insert-- 13 `Health and Hospitals Network Act 2011, section 142(1)'. 14 2 Section 209(7), editor's note, `Health Services Act 1991, 15 section 62A(Confidentiality)'-- 16 omit, insert-- 17 `Health and Hospitals Network Act 2011, section 142(1) 18 (Confidential information must not be disclosed)'. 19 3 Schedule 2, definitions chief health officer and health 20 service employee-- 21 omit, insert-- 22 `chief health officer see the Health and Hospitals Network 23 Act 2011, schedule 2. 24 health service employee see the Health and Hospitals 25 Network Act 2011, schedule 2.'. 26 Page 227
Health and Hospitals Network Bill 2011 Schedule 1 Right to Information Act 2009 1 1 Schedule 1, section 9(b), `Health Services Act 1991, part 2 4B'-- 3 omit, insert-- 4 `Health and Hospitals Network Act 2011, part 6'. 5 2 Schedule 1, section 9(b), notes, `Health Services Act 6 1991, part 4B, see sections 38G and 38H'-- 7 omit, insert-- 8 `Health and Hospitals Network Act 2011, part 6, see sections 9 94 and 95'. 10 3 Schedule 2, part 1, paragraph 6-- 11 omit, insert-- 12 `a quality assurance committee established under the Health 13 and Hospitals Network Act 2011, section 82'. 14 Tobacco and Other Smoking Products Act 1998 15 1 Schedule, definition health service employee-- 16 omit, insert-- 17 `health service employee see the Health and Hospitals 18 Network Act 2011, schedule 2.'. 19 Page 228
Health and Hospitals Network Bill 2011 Schedule 1 Transplantation and Anatomy Act 1979 1 1 Section 4(1), definition chief health officer-- 2 omit, insert-- 3 `chief health officer see the Health and Hospitals Network 4 Act 2011, schedule 2.'. 5 2 Section 4(1), definition hospital, paragraph (a)-- 6 omit, insert-- 7 `(a) any public sector hospital under the Health and 8 Hospitals Network Act 2011; or'. 9 3 Section 23A(4), `Health Services Act 1991, section 10 62A(1)'-- 11 omit, insert-- 12 `Health and Hospitals Network Act 2011, section 142(1)'. 13 4 Section 23A(5), definitions designated person and health 14 professional-- 15 omit, insert-- 16 `designated person see the Health and Hospitals Network Act 17 2011, schedule 2. 18 health professional see the Health and Hospitals Network Act 19 2011, schedule 2.'. 20 Victims of Crime Assistance Act 2009 21 1 Section 74(4), definition designated person-- 22 omit, insert-- 23 Page 229
Health and Hospitals Network Bill 2011 Schedule 1 `designated person see the Health and Hospitals Network Act 1 2011, schedule 2.'. 2 Water Fluoridation Act 2008 3 1 Schedule, definitions chief dental officer, chief health 4 officer and health service employee-- 5 omit. 6 2 Schedule-- 7 insert-- 8 `chief dental officer means the health executive appointed as 9 the chief dental officer. 10 chief health officer see the Health and Hospitals Network Act 11 2011, schedule 2. 12 health executive see the Health and Hospitals Network Act 13 2011, schedule 2. 14 health service employee see the Health and Hospitals 15 Network Act 2011, schedule 2.'. 16 Workers' Compensation and Rehabilitation Act 2003 17 1 Section 152(3), definition contract worker, paragraph 18 (e)-- 19 omit, insert-- 20 `(e) as a health service employee under the Health and 21 Hospitals Network Act 2011.'. 22 Page 230
Health and Hospitals Network Bill 2011 Schedule 1 2 Section 215, definition contracted hospital, paragraph 1 (a)-- 2 omit, insert-- 3 `(a) a public sector hospital under the Health and Hospitals 4 Network Act 2011; or'. 5 3 Section 218(2), `Health Services Act 1991'-- 6 omit, insert-- 7 `Health and Hospitals Network Act 2011'. 8 Page 231
Health and Hospitals Network Bill 2011 Schedule 2 Schedule 2 Conduct of business by 1 governing councils 2 section 32 3 1 Application of sch 2 4 This schedule applies to the conduct of business by a 5 governing council. 6 2 Conduct of business by governing council 7 The governing council may conduct its business, including its 8 meetings, in the way it considers appropriate. 9 3 Times and places of meetings 10 (1) Meetings of the governing council are to be held at the times 11 and places the chairperson decides. 12 (2) However, the chairperson must call a meeting if asked, in 13 writing, to do so by the Minister or at least the number of 14 members forming a quorum for the governing council. 15 4 Quorum 16 A quorum for a meeting of the governing council is one-half 17 the number of its members, or if one-half is not a whole 18 number, the next highest whole number. 19 5 Presiding at meetings 20 (1) The chairperson is to preside at all meetings of the governing 21 council at which the chairperson is present. 22 (2) If the chairperson is not present at a meeting, the deputy 23 chairperson is to preside. 24 Page 232
Health and Hospitals Network Bill 2011 Schedule 2 (3) If neither the chairperson nor deputy chairperson is present at 1 a meeting, a member of the governing council chosen by the 2 members is to preside. 3 6 Conduct of meetings 4 (1) A question at a meeting of the governing council is decided by 5 a majority of the votes of the members present. 6 (2) Each member present at the meeting has a vote on each 7 question to be decided and, if the votes are equal, the member 8 presiding also has a casting vote. 9 (3) A member present at the meeting who abstains from voting is 10 taken to have voted for the negative. 11 (4) The governing council may hold meetings, or permit 12 members to take part in meetings, by using any technology 13 that reasonably allows members to hear and take part in 14 discussions as they happen. 15 Example of use of technology-- 16 teleconferencing 17 (5) A member who takes part in a meeting of the governing 18 council under subsection (4) is taken to be present at the 19 meeting. 20 (6) A resolution is validly made by the governing council, even if 21 it is not passed at a meeting of the governing council, if-- 22 (a) a majority of the governing council members gives 23 written agreement to the resolution; and 24 (b) notice of the resolution is given under procedures 25 approved by the governing council. 26 7 Minutes 27 (1) The governing council must keep-- 28 (a) minutes of its meetings; and 29 (b) a record of any resolutions made under section 6(6) of 30 this schedule. 31 Page 233
Health and Hospitals Network Bill 2011 Schedule 2 (2) Subsection (3) applies if a resolution is passed at a meeting of 1 the governing council by a majority of the members present. 2 (3) If asked by a member who voted against the passing of the 3 resolution, the governing council must record in the minutes 4 of the meeting that the member voted against the resolution. 5 8 Committees 6 (1) The governing council-- 7 (a) may establish committees of the governing council for 8 effectively and efficiently performing its functions; and 9 (b) must establish the committees prescribed under a 10 regulation. 11 (2) A committee may include a person who is not a member of 12 the governing council. 13 (3) The governing council is to decide the terms of reference of a 14 committee. 15 (4) The functions of a committee are to-- 16 (a) advise and make recommendations to the governing 17 council about matters, within the scope of the governing 18 council's functions, referred by the governing council to 19 the committee; and 20 (b) exercise powers delegated to it by the governing council. 21 Note-- 22 Section 30 states that a governing council may delegate powers 23 to a committee of the governing council if all of the members of 24 the committee are governing council members. 25 (5) A committee must keep a record of the decisions it makes 26 when exercising a power delegated to it by the governing 27 council. 28 (6) The governing council may decide matters about a committee 29 that are not provided for under this Act, including, for 30 example, the way a committee must conduct meetings. 31 Page 234
Health and Hospitals Network Bill 2011 Schedule 2 (7) A member of a committee is entitled to the fees and 1 allowances fixed by the Governor in Council for performing 2 his or her functions as a committee member. 3 9 Disclosure of interests 4 (1) This section applies to a member of the governing council or 5 committee (the interested person) if-- 6 (a) the interested person has a direct or indirect interest in 7 an issue being considered, or about to be considered, by 8 the governing council or committee; and 9 (b) the interest could conflict with the proper performance 10 of the person's duties about the consideration of the 11 issue. 12 (2) As soon as practicable after the relevant facts come to the 13 interested person's knowledge, the person must disclose the 14 nature of the interest to a governing council or committee 15 meeting. 16 (3) Unless the governing council or committee otherwise directs, 17 the interested person must not-- 18 (a) be present when the governing council or committee 19 considers the issue; or 20 (b) take part in a decision of the governing council or 21 committee about the issue. 22 (4) The interested person must not be present when the governing 23 council or committee is considering whether to give a 24 direction under subsection (3). 25 (5) If there is another person who must, under subsection (2), also 26 disclose an interest in the issue, the other person must not-- 27 (a) be present when the governing council or committee is 28 considering whether to give a direction under subsection 29 (3) about the interested person; or 30 (b) take part in making the decision about giving the 31 direction. 32 (6) If-- 33 Page 235
Health and Hospitals Network Bill 2011 Schedule 2 (a) because of this section, a governing council or 1 committee member is not present at a governing council 2 or committee meeting for considering or deciding an 3 issue, or for considering or deciding whether to give a 4 direction under subsection (3); and 5 (b) there would be a quorum if the member were present; 6 the remaining persons present are a quorum of the governing 7 council or committee for considering or deciding the issue, or 8 for considering or deciding whether to give the direction, at 9 the meeting. 10 (7) A disclosure under subsection (2) must be recorded in the 11 minutes of the governing council or committee. 12 Page 236
Health and Hospitals Network Bill 2011 Schedule 3 Schedule 3 Dictionary 1 section 14 2 Act official see section 141(2). 3 applied Public Service law, for a health service employee, 4 means the following that are applied to the employee under a 5 regulation under the Public Service Act 2008, section 23-- 6 (a) a provision of the Public Service Act 2008; 7 (b) a directive issued under that Act. 8 appoint, a person as a health service employee, means-- 9 (a) for a person who is a health service 10 employee--promote, transfer, second or redeploy the 11 employee; or 12 (b) for a person to whom paragraph (a) does not 13 apply--employ the person as a health service employee. 14 appointer means-- 15 (a) for a health service audit under part 4, division 2--a 16 person who appoints a health service auditor under 17 section 56; or 18 (b) for a clinical review under part 6, division 3--a person 19 who appoints a clinical reviewer under section 125; or 20 (c) for part 8--the person who appoints an authorised 21 person under section 163 or a security officer under 22 section 164; or 23 (d) for a health service investigation under part 9--a person 24 who appoints a health service investigator under section 25 190. 26 approved form means a form approved by the chief executive. 27 Australian Commission on Safety and Quality in Health 28 Care means the body established under the National Health 29 and Hospitals Network Act 2011 (Cwlth). 30 Page 237
Health and Hospitals Network Bill 2011 Schedule 3 authorised person means a person appointed as an authorised 1 person under section 163. 2 award see the Industrial Relations Act 1999, schedule 5. 3 blameworthy act, for part 6, division 2, see section 94. 4 certified agreement see the Industrial Relations Act 1999, 5 schedule 5. 6 chain of events document, for part 6, division 2, see section 7 94. 8 chief executive means the chief executive of the department 9 administering this Act. 10 chief health officer means the chief health officer under 11 section 52. 12 clinical review includes an assessment of whether a health 13 service provided to a person was provided in accordance with 14 recognised clinical standards. 15 clinical reviewer means a clinical reviewer appointed under 16 section 125. 17 clinician engagement strategy see section 40(1)(a). 18 commencement, for part 13, division 2, see section 284. 19 commissioning authority, for part 6, division 2, see section 20 94. 21 committee, for part 6, division 1, means a quality assurance 22 committee. 23 confidential information, for part 7, see section 139. 24 consumer and community engagement strategy see section 25 40(1)(b). 26 contracted health service employee means a health service 27 employee appointed on contract under section 67. 28 coroner, for part 6, division 2, see section 94. 29 corporate support service, includes financial management, 30 asset management, human resource management, information 31 and communication technology, information management, 32 Page 238
Health and Hospitals Network Bill 2011 Schedule 3 purchasing and logistics, legal services and insurance 1 arrangements. 2 court, for part 10, see section 201. 3 designated person, for part 7, see section 139. 4 director of mental health means the person appointed as 5 director of mental health under the Mental Health Act 2000, 6 section 488. 7 disposal order, for part 10, see section 201. 8 district manager, for part 13, division 2, see section 284. 9 electronic document, for part 10, see section 201. 10 excluded notifiable conduct, for a registered health 11 practitioner, means the practitioner has-- 12 (a) practised the practitioner's profession while intoxicated 13 by alcohol or drugs; or 14 (b) practised the practitioner's profession in a way that 15 constitutes a significant departure from accepted 16 professional standards but not in a way that placed the 17 public at risk of substantial harm; or 18 (c) engaged in sexual misconduct in connection with the 19 practice of the practitioner's profession. 20 former owner, for part 10, see section 201. 21 functions includes powers. 22 funding arrangement, for a public sector health service, 23 includes an activity-based funding arrangement. 24 general power, for part 10, see section 201. 25 governing council, for a network, means the governing 26 council for the network appointed under section 23. 27 guardian, for part 7, see section 139. 28 health executive means a person appointed as a health 29 executive under section 67. 30 health executive service means the health executive service 31 continued under section 70. 32 Page 239
Health and Hospitals Network Bill 2011 Schedule 3 health practitioner registration Act means any of the 1 following-- 2 (a) the Dental Technicians Registration Act 2001; 3 (b) the Health Practitioner Regulation National Law; 4 (c) the Medical Radiation Technologists Registration Act 5 2001; 6 (d) the Occupational Therapists Registration Act 2001; 7 (e) the Speech Pathologists Registration Act 2001. 8 health professional means-- 9 (a) a person registered under a health practitioner 10 registration Act; or 11 (b) a person, other than a person referred to in paragraph 12 (a), who provides a health service, including, for 13 example, an audiologist, dietitian or social worker. 14 Health Quality and Complaints Commission means the 15 Health Quality and Complaints Commission established 16 under the Health Quality and Complaints Commission Act 17 2006. 18 health service see section 15. 19 health service audit see section 55(2). 20 health service auditor means a health service auditor 21 appointed under section 56. 22 health service directive means a health service directive 23 issued by the chief executive to a network under section 47. 24 health service district, for part 13, division 2, see section 284. 25 health service employee means a person appointed as a health 26 service employee under section 67. 27 health service facility, for part 6, division 2, see section 94. 28 health service investigator means a health service investigator 29 appointed under section 190. 30 health services land means land and buildings from which 31 public sector health services are delivered. 32 Page 240
Health and Hospitals Network Bill 2011 Schedule 3 help requirement, for part 10, see section 201. 1 hospital includes any premises providing medical or surgical 2 treatment, and nursing care, for ill or injured persons. 3 identity card-- 4 (a) for part 8, see section 162; or 5 (b) for part 10, see section 201. 6 impairment, for a registered health practitioner, has the 7 meaning given by the Health Practitioner Regulation National 8 Law. 9 industrial instrument see the Industrial Relations Act 1999, 10 schedule 5. 11 information, for part 6, subdivision 5, see section 104. 12 information commissioner, for part 13, division 2, see section 13 284. 14 information notice, for part 10, see section 201. 15 inspector means a person who holds office under part 10, 16 division 2 as an inspector. 17 licensee, of a private health facility, see the Private Health 18 Facilities Act 1999, schedule 3. 19 local clinical governance arrangements means the policies, 20 processes and accountabilities for improving patient safety 21 and the quality, effectiveness and dependability of services 22 provided by a network. 23 local primary healthcare organisation, for a network, means 24 a primary healthcare organisation whose geographic area 25 coincides in whole or in part with the network area for the 26 network. 27 major capital works means the capital works prescribed by 28 regulation. 29 member, of a governing council, means a member appointed 30 under section 23. 31 minor capital works means capital works other than major 32 capital works. 33 Page 241
Health and Hospitals Network Bill 2011 Schedule 3 National Agency has the meaning given by the Health 1 Practitioner Regulation National Law. 2 national clinical standards means clinical standards the 3 Commonwealth and the States have agreed apply to health 4 services, including standards developed by the Australian 5 Commission on Safety and Quality in Health Care. 6 network means a Local Health and Hospital Network 7 established under section 17. 8 network area means a network area declared under section 9 17. 10 network chief executive means a network chief executive 11 appointed for a network under section 33. 12 network employee means a person, appointed as a health 13 service employee by the chief executive, who works in a 14 network. 15 network health executive means a person appointed as a 16 health executive by a network under section 67. 17 notice, for part 10, see section 201. 18 occupier, for part 10, see section 201. 19 of, a place, for part 10, see section 201. 20 offence warning-- 21 (a) for part 8, see section 162; or 22 (b) for part 10, see section 201. 23 official traffic sign, for part 8, see section 162. 24 owner-- 25 (a) for part 8, see section 162; or 26 (b) for part 10, see section 201. 27 parent, for part 7, see section 139. 28 performance data includes patient activity, financial, human 29 resource, facility and clinical performance data. 30 personal details requirement-- 31 Page 242
Health and Hospitals Network Bill 2011 Schedule 3 (a) for part 8, see section 162; or 1 (b) for part 10, see section 201. 2 person in control, for part 10, see section 201. 3 place, for part 10, see section 201. 4 premises, for part 10, see section 201. 5 primary healthcare organisation means a body or 6 organisation recognised as a primary healthcare organisation 7 under a law of the Commonwealth. 8 private health facility see the Private Health Facilities Act 9 1999, section 8. 10 promote, a health service employee, means employ the 11 employee at a higher classification level, other than 12 temporarily. 13 public patient means an individual who is a patient in a 14 hospital but is not the patient of a medical practitioner in 15 private practice while in the hospital. 16 public place, for part 10, see section 201. 17 public risk notifiable conduct, for a registered health 18 practitioner, means the practitioner has-- 19 (a) placed the public at risk of substantial harm in the 20 practitioner's practice of the profession because the 21 practitioner has an impairment; or 22 (b) placed the public at risk of substantial harm because the 23 practitioner has practised the profession in a way that 24 constitutes a significant departure from accepted 25 professional standards. 26 public sector health service means a health service provided 27 by a network or the department and includes a health service 28 declared under a regulation to be a public sector health 29 service, but does not include a health service declared under a 30 regulation not to be a public sector health service. 31 public sector health service facility means a facility at which 32 public sector health services are provided. 33 Page 243
Health and Hospitals Network Bill 2011 Schedule 3 public sector hospital means a hospital operated by a network 1 or the State. 2 quality assurance committee means a quality assurance 3 committee established under section 82. 4 RCA, of a reportable event, for part 6, division 2, see section 5 94. 6 RCA report, for part 6, division 2, see section 94. 7 RCA team, for part 6, division 2, see section 94. 8 reasonably believes, for part 10, see section 201. 9 reasonably suspects, for part 10, see section 201. 10 redeploy, a health service employee, means employ the 11 employee at a lower classification level, other than 12 temporarily. 13 registered health practitioner means an individual who-- 14 (a) is registered under the Health Practitioner Regulation 15 National Law to practise a health profession, other than 16 as a student; or 17 (b) holds non-practising registration under the Health 18 Practitioner Regulation National Law in a health 19 profession. 20 regulatory notice, for part 8, see section 162. 21 relevant chief executive means-- 22 (a) for information held by a network--the network chief 23 executive or the chief executive; or 24 (b) for information held by the department--the chief 25 executive. 26 relevant health service, for part 6, division 2, see section 94. 27 relevant person means-- 28 (a) for a quality assurance committee, a person authorised 29 by the committee to help the committee in the 30 performance of its functions, including by-- 31 Page 244
Health and Hospitals Network Bill 2011 Schedule 3 (i) providing administrative or secretarial services to 1 the committee; or 2 (ii) advising the committee about the performance of 3 its functions; or 4 (iii) preparing reports and other information for the 5 committee; or 6 (b) for a commissioning authority, a person authorised by 7 the authority to help the authority in the performance of 8 its functions, including by-- 9 (i) providing administrative or secretarial services to 10 the authority; or 11 (ii) advising the authority about the performance of its 12 functions; or 13 (iii) preparing reports and other information for the 14 authority; or 15 (c) for an RCA team, a person authorised by the RCA team 16 to help the RCA team in the performance of its 17 functions, including by-- 18 (i) providing administrative or secretarial services to 19 the RCA team; or 20 (ii) advising the RCA team about the performance of 21 its functions; or 22 (iii) preparing reports and other information for the 23 RCA team. 24 repealed Act means the Health Services Act 1991. 25 reportable event, for part 6, division 2, see section 94. 26 reprisal, for part 6, division 2, means a reprisal as mentioned 27 in section 120(3). 28 Root cause analysis, of a reportable event, for part 6, division 29 2, see section 94. 30 second, a health service employee, means temporarily employ 31 the person at the same or different classification level, on 32 different duties or at a different location. 33 Page 245
Health and Hospitals Network Bill 2011 Schedule 3 security officer means a person appointed as a security officer 1 under section 164. 2 service agreement, for a network, see section 16. 3 specialised health service means a health service provided by 4 the department. 5 support service includes a corporate support service, business 6 support service and clinical support service. 7 Examples of business support service-- 8 � a cleaning service 9 � catering and laundry services 10 � a service providing food to hospital patients 11 � a service to maintain medical equipment 12 Examples of clinical support service-- 13 � a pathology service 14 � a blood management service 15 takes a reprisal, for part 6, division 2, means contravenes 16 section 120(1). 17 temporary health service employee means a health service 18 employee appointed on a temporary basis under section 67. 19 tenured health service employee means a health service 20 employee appointed on tenure under section 67. 21 transfer, a health service employee means employ the 22 employee at the same classification level, on different duties 23 or at a different location, other than temporarily. 24 transfer notice, for part 13, see section 307(2). 25 vehicle-- 26 (a) for part 8, see section 162; or 27 (b) for part 10, see section 201. 28 � State of Queensland 2011 Page 246
AMENDMENTS TO BILL
Health and Hospitals Network Bill 2011 Health and Hospitals Network Bill 2011 Amendments agreed to during Consideration 1 Clause 5 (Object) Page 20, lines 18 and 19-- omit, insert-- `(a) strengthening local decision-making and accountability, local consumer and community engagement, and local clinician engagement; and'. 2 Clause 13 (Guiding principles) Page 23, after line 13-- insert-- `(ba) providers of public sector health services should work with providers of private sector health services to achieve coordinated, integrated health service delivery across both sectors;'. 3 Clause 13 (Guiding principles) Page 23, line 25, `embraced;'-- omit, insert-- `embraced; and (iii) there is a positive workplace culture based on mutual trust and respect;'. 4 Clause 13 (Guiding principles) Page 23, lines 29 and 30-- Page 1
Health and Hospitals Network Bill 2011 omit, insert-- `(g) there should be engagement with clinicians, consumers, community members and local primary healthcare organisations in planning, developing and delivering public sector health services;'. 5 Clause 40 (Engagement strategies) Page 37, after line 20-- insert-- `(4) The network must give effect to the strategies in performing its functions under this Act.'. 6 Clause 42 (Protocol with primary healthcare organisations) Page 38, after line 13-- insert-- `(3) The network must give effect to the protocol in performing its functions under this Act.'. 7 Clause 75 (Exclusion of certain matters from review under other Acts) Page 56, line 22, `executive; or'-- omit, insert-- `executive.'. 8 Clause 75 (Exclusion of certain matters from review under other Acts) Page 56, lines 23 and 24-- omit. 9 Clause 282 (Regulation-making power) Page 168, line 17, `event.'-- Page 2
Health and Hospitals Network Bill 2011 omit, insert-- `event; `(f) the preservation of the terms, conditions and entitlements of employees moving between the department and a network.'. 10 Clause 282 (Regulation-making power) Page 169, line 7, `network health executives'-- omit, insert-- `health executives'. 11 Clause 282 (Regulation-making power) Page 169, line 16, `network health executives'-- omit, insert-- `health executives'. 12 Clause 282 (Regulation-making power) Page 169, line 18, `network health executives'-- omit, insert-- `health executives'. 13 Clause 307 (Transfer notice) Page 181, lines 19 and 20-- omit, insert-- `(7) A transfer notice-- (a) has effect on the day it is published in the gazette or another day stated in the notice; and (b) may have retrospective operation to a day not earlier than the day this section commences.'. Page 3
Health and Hospitals Network Bill 2011 14 After clause 316-- Page 186, after line 15-- insert-- `316A When chief executive may decide service agreement `(1) This section applies if the chief executive considers that there is not a reasonable time to negotiate and enter into the first service agreement with a network. `(2) The chief executive may decide the terms of the service agreement and give the chairperson of the network's governing council a copy of the agreement. `(3) The term of the service agreement must not be longer than 1 year. `(4) The service agreement is taken to have been entered into under section 35. `316B When consultation on health service directive not required `(1) This section applies if the chief executive considers that there is not a reasonable time to consult with a network on a health service directive that is to apply immediately after the commencement. `(2) Section 48 does not apply to the health service directive.'. 15 Clause 321 (Amendment and relocation of s 20 (Supplier must display particular signs)) Page 187, line 23, after `20(1)'-- insert-- `and (2)'. 16 Clause 321 (Amendment and relocation of s 20 (Supplier must display particular signs)) Page 188, line 4, `(1A)'-- omit, insert- Page 4
Health and Hospitals Network Bill 2011 `(2)'. 17 Clause 321 (Amendment and relocation of s 20 (Supplier must display particular signs)) Page 188, lines 6 and 7-- omit. 18 Clause 329 (Amendment of schedule (Dictionary)) Page 193, after line 21-- insert-- `(4) Schedule, definition point of sale, `and includes'-- omit, insert-- `but does not include'.'. � State of Queensland 2011
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