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Queensland
Health and Hospitals Network
and Other Legislation
Amendment Bill 2012
Queensland
Health and Hospitals Network and Other
Legislation Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Health and Hospitals Network Act 2011
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Replacement of s 7 (Establishment of Local Health and Hospital
Networks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Establishment of Hospital and Health Services . . . . . 11
6 Amendment of s 8 (Management of the public sector health
system) ....................................... 11
7 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8A Funding of public sector health system . . . . . . . . . . . 12
8 Amendment of s 10 (State-wide employment and industrial
relations arrangements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Amendment of s 19 (Functions of networks) . . . . . . . . . . . . . . . . 12
10 Amendment of s 20 (Powers of networks) . . . . . . . . . . . . . . . . . . 12
11 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20A Limitation on Service's dealing with land or buildings 13
12 Amendment of s 23 (Membership of governing councils) . . . . . . 13
13 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
27A Suspension from office of Hospital and Health Board
members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Amendment of s 28 (Removal from office of governing council
members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Replacement of pt 2, div 2, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . 15
Subdivision 3 Delegation by Hospital and Health Boards
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Contents
30 Delegation by boards . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Insertion of new pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2A Executive committees
32A Hospital and Health Board must establish executive
committee for Hospital and Health Service . . . . . . . . 16
32B Function of executive committee . . . . . . . . . . . . . . . . 16
32C Membership of executive committee . . . . . . . . . . . . . 17
32D Conduct of business by executive committee. . . . . . . 17
17 Replacement of pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 3 Health service chief executives
33 Appointment of health service chief executives . . . . . 18
34 Delegation by health service chief executive . . . . . . . 18
18 Insertion of new s 39A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
39A Chief executive to make service agreements available 19
19 Insertion of new pt 2, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 4A Hospital and Health Ancillary Boards
43A Minister may establish ancillary board . . . . . . . . . . . . 19
20 Replacement of pt 2, div 5, heading. . . . . . . . . . . . . . . . . . . . . . . 20
21 Amendment of s 44 (Minister may give directions to network) . . . 20
22 Insertion of new ss 44A to 44E. . . . . . . . . . . . . . . . . . . . . . . . . . . 21
44A Minister may appoint advisers to boards . . . . . . . . . . 21
44B Matters to which Minister may have regard in deciding
whether to appoint adviser . . . . . . . . . . . . . . . . . . . . . 22
44C Functions of advisers . . . . . . . . . . . . . . . . . . . . . . . . . 22
44D Adviser not a member of board but has duty of
disclosure ............................. 22
44E Obligations of board in relation to adviser . . . . . . . . . 22
23 Insertion of new s 44F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
44F Chief executive subject to direction of the Minister. . . 23
24 Amendment of s 45 (Functions of chief executive). . . . . . . . . . . . 23
25 Amendment of s 46 (Delegation by chief executive) . . . . . . . . . . 23
26 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 3A Funding of public sector health system
Division 1 Purpose of part
53A Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2 State pool account
53B Establishment of State pool account . . . . . . . . . . . . . 24
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Contents
53C Payment into State pool account . . . . . . . . . . . . . . . . 24
53D Payments from State pool account. . . . . . . . . . . . . . . 25
53E Payment from State pool account if no administrator or
administrator not available to make the payment . . . . 27
Division 3 State managed fund
53F Establishment of State managed fund . . . . . . . . . . . . 27
53G Payment into State managed fund . . . . . . . . . . . . . . . 27
53H Payments from State managed fund . . . . . . . . . . . . . 28
Division 4 Provisions applying to administrator for all
States, Territories and the Commonwealth
Subdivision 1 Preliminary
53I Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Subdivision 2 Administrator of the National Health Funding
Pool
53J The office of administrator . . . . . . . . . . . . . . . . . . . . . 31
53K Appointment of administrator . . . . . . . . . . . . . . . . . . . 31
53L Suspension of administrator. . . . . . . . . . . . . . . . . . . . 32
53M Removal or resignation of administrator. . . . . . . . . . . 33
53N Acting administrator . . . . . . . . . . . . . . . . . . . . . . . . . . 34
53O Provision of staff and facilities for administrator . . . . . 34
53P Functions of administrator . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 3 Financial management and reporting
53Q Financial management obligations of administrator . . 36
53R Monthly reports by administrator . . . . . . . . . . . . . . . . 36
53S Annual report by administrator . . . . . . . . . . . . . . . . . . 37
53T Administrator to prepare financial statements for State
pool accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
53U Audit of financial statements. . . . . . . . . . . . . . . . . . . . 39
53V Performance audits . . . . . . . . . . . . . . . . . . . . . . . . . . 40
53W States to provide administrator with information about
State managed funds . . . . . . . . . . . . . . . . . . . . . . . . . 40
53X Provision of information generally . . . . . . . . . . . . . . . 41
Subdivision 4 Miscellaneous
53Y Application of Acts to administrator . . . . . . . . . . . . . . 41
53Z Application of Commonwealth Acts . . . . . . . . . . . . . . 42
53ZA Extra territorial operation of Act . . . . . . . . . . . . . . . . . 42
53ZB Transitional and validation provisions . . . . . . . . . . . . . 43
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Contents
27 Amendment of s 54 (Chief executive may provide data to
Commonwealth) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
28 Amendment of s 60 (Power of health service auditors) . . . . . . . . 44
29 Amendment of s 67 (Appointment of health service employees) . 44
30 Amendment of s 68 (Contracted health service employees other
than health executives). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
31 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
69A Modification of Industrial Relations Act 1999 for health
service employees . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
32 Amendment of s 74 (Basis of employment for health executives) 45
33 Amendment of s 78 (Transfer of health service employees or
network health executives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
34 Insertion of pt 5, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 4 Matters relating to employment of health
service employees by Services
80 Departmental health service employees to be employed
by Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
80A Appointment to perform functions or do other things not
affected by becoming employees of prescribed Service 48
80B Matters and proceedings not affected by persons
becoming employees of prescribed Service. . . . . . . . 48
35 Amendment of s 87 (Protection for documents and information) . 49
36 Amendment of s 119 (Protection for documents and information) 49
37 Amendment of s 129 (Powers of clinical reviewers) . . . . . . . . . . . 50
38 Amendment of s 138 (Protection for documents and information) 50
39 Amendment of s 143 (Disclosure required or permitted by law). . 51
40 Amendment of s 194 (Powers of health service investigators). . . 51
41 Amendment of s 279 (Delegation by Minister) . . . . . . . . . . . . . . . 51
42 Amendment of s 280 (Protecting officials) . . . . . . . . . . . . . . . . . . 52
43 Amendment of s 282 (Regulation-making power) . . . . . . . . . . . . 52
44 Replacement of pt 13, div 2, heading. . . . . . . . . . . . . . . . . . . . . . 53
45 Amendment of s 307 (Transfer notice) . . . . . . . . . . . . . . . . . . . . . 53
46 Insertion of new pt 13, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 3 Savings and transitionals for the Health and
Hospitals Network and Other Legislation
Amendment Act 2012
319A Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
319B Governing councils continue in existence as Hospital
and Health Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Contents
319C Networks continue in existence as Hospital and Health
Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
319D Transitional regulation-making power for amendment Act 55
47 Replacement of sch 1, pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Part 2 Amendment of other legislation
Ambulance Service Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . 59
Commission for Children and Young People and Child Guardian
Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Criminal Law Amendment Act 1945 . . . . . . . . . . . . . . . . . . . . . . . 61
Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Disaster Management Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Drug Court Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Evidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Food Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Food Production (Safety) Act 2000 . . . . . . . . . . . . . . . . . . . . . . . 67
Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 67
Health Act 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Health Quality and Complaints Commission Act 2006. . . . . . . . . 68
Hospitals Foundations Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . 69
Information Privacy Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Mater Public Health Services Act 2008 . . . . . . . . . . . . . . . . . . . . 76
Mental Health Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Penalties and Sentences Act 1992. . . . . . . . . . . . . . . . . . . . . . . . 79
Personal Injuries Proceedings Act 2002. . . . . . . . . . . . . . . . . . . . 80
Pest Management Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Pharmacy Business Ownership Act 2001 . . . . . . . . . . . . . . . . . . 81
Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 81
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 81
Private Health Facilities Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . 82
Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Public Health (Infection Control for Personal Appearance
Services) Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Contents
Public Records Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Public Safety Preservation Act 1986 . . . . . . . . . . . . . . . . . . . . . . 87
Public Trustee Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Radiation Safety Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Right to Information Act 2009. . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Tobacco and Other Smoking Products Act 1998 . . . . . . . . . . . . . 90
Transplantation and Anatomy Act 1979 . . . . . . . . . . . . . . . . . . . . 90
Victims of Crime Assistance Act 2009 . . . . . . . . . . . . . . . . . . . . . 91
Water Fluoridation Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Workers' Compensation and Rehabilitation Act 2003 . . . . . . . . . 92
48 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 92
Part 3 Amendment of Industrial Relations Act 1999
49 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
50 Insertion of new ch 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Chapter 16A Application of this Act to prescribed Hospital
and Health Services and their employees
693 How this Act applies to prescribed Services and their
employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
51 Insertion of new sch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Schedule 4A Application of this Act to prescribed Hospital and
Health Services and their employees
Part 1 General
1 Definitions for sch 4A . . . . . . . . . . . . . . . . . . . . . . . . . 96
Part 2 Modification of chapter 3 -- Dismissals
2 How s 77 (Matters to be considered in deciding an
application) applies. . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Part 3 Modification of chapter 5 -- Awards
3 Chief executive to be employer for award but award
binds prescribed Services and employees. . . . . . . . . 97
4 Proceedings in relation to awards . . . . . . . . . . . . . . . 97
5 How s 125 (Making, amending and repealing awards)
applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
6 How s 129 (Flow-on of certified agreements) applies 98
Part 4 Modification of chapter 6 -- Certified
agreements
7 Chief executive to be party to certified agreement . . . 98
8 Proceedings in relation to agreements . . . . . . . . . . . . 98
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Contents
9 How s 142 (Who may make certified agreements)
applies ............................... 98
10 How s 143 (Proposed parties to be advised when
agreement is proposed) applies . . . . . . . . . . . . . . . . . 99
11 How s 144 (What is to be done when an agreement is
proposed) applies. . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
12 How s 147 (Peace obligation period to assist
negotiations) applies . . . . . . . . . . . . . . . . . . . . . . . . . 99
13 How s 148 (Assistance in negotiating by conciliation)
applies .................................. 99
14 How s 150 (Determinations made under s 149) applies 99
15 How s 152 (Certificate as to requested representation)
applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
16 How s 166 (Persons bound) applies. . . . . . . . . . . . . . 100
17 How s 167 (Successor employers bound) applies . . . 100
18 How s 168 (Extending a certified agreement) applies 100
19 How s 169 (Amending a certified agreement) applies 101
20 How s 170 (Amendment if discrimination between
unionists and non-unionists) applies . . . . . . . . . . . . . 101
21 How s 172 (Terminating certified agreement on or
before its nominal expiry date) applies . . . . . . . . . . . . 101
22 How s 173 (Terminating agreement after its nominal
expiry date) applies . . . . . . . . . . . . . . . . . . . . . . . . . . 102
23 How s 185 (Coercion of persons to make, amend or
terminate certified agreements etc.) applies . . . . . . . 102
Part 5 Modification of chapter 7 -- Industrial disputes
24 When chief executive taken to be party to industrial
dispute ............................... 102
25 When chief executive may intervene in industrial
dispute ............................... 103
26 How s 235 (Secret ballot on strike action) applies . . . 103
27 How s 239 (Orders the commission may make) applies 104
Part 6 Modification of other provisions
28 Who makes application to commission as employer . 104
29 Who is party to proceedings as employer before
commission ............................ 105
30 Commission's orders may bind prescribed Services
even if chief executive is taken to be employer or party
for proceeding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
31 How s 265 (Commission's jurisdiction) applies . . . . . 106
52 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 106
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Contents
Part 4 Amendment of Private Health Facilities Act 1999
53 Insertion of new s 147B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
147B Disclosure for funding arrangements . . . . . . . . . . . . . 107
Part 5 Minor and consequential amendments
54 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Schedule Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Forensic Disability Act 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Health and Hospitals Network Act 2011. . . . . . . . . . . . . . . . . . . . 108
Page 8
2012
A Bill
for
An Act to amend the Health and Hospitals Network Act 2011
and the Industrial Relations Act 1999 and to make minor or
consequential amendments of Acts as stated in the schedule
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Health and Hospitals Network 4
and Other Legislation Amendment Act 2012. 5
Clause 2 Commencement 6
(1) This Act, other than the provisions mentioned in subsection 7
(2), commences on 1 July 2012. 8
(2) Sections 7, 18, 26 and 42 commence on a day to be fixed by 9
proclamation. 10
Part 2 Amendment of Health and 11
Hospitals Network Act 2011 12
Clause 3 Act amended 13
This part amends the Health and Hospitals Network Act 2011. 14
Note-- 15
See also the amendments in the schedule. 16
Clause 4 Amendment of s 1 (Short title) 17
Section 1, `Health and Hospitals Network'-- 18
omit, insert-- 19
`Hospital and Health Boards'. 20
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 5]
Clause 5 Replacement of s 7 (Establishment of Local Health and 1
Hospital Networks) 2
Section 7-- 3
omit, insert-- 4
`7 Establishment of Hospital and Health Services 5
`(1) Hospital and Health Services are statutory bodies and are the 6
principal providers of public sector health services. 7
`(2) Each Hospital and Health Service is independently and locally 8
controlled by a Hospital and Health Board. 9
`(3) Each Hospital and Health Board appoints a health service 10
chief executive. 11
`(4) Each Hospital and Health Board exercises significant 12
responsibilities at a local level, including controlling-- 13
(a) the financial management of the Service; and 14
(b) the management of the Service's land and buildings; and 15
(c) for a prescribed Service, the management of the 16
Service's staff.'. 17
Clause 6 Amendment of s 8 (Management of the public sector 18
health system) 19
(1) Section 8(3)(b), `employing staff and'-- 20
omit. 21
(2) Section 8(3)(c)-- 22
omit, insert-- 23
`(c) managing major capital works;' 24
Clause 7 Insertion of new s 8A 25
After section 8-- 26
insert-- 27
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 8]
`8A Funding of public sector health system 1
`(1) The public sector health system is funded by the State and the 2
Commonwealth. 3
`(2) The State pool account and State managed fund enhance the 4
accountability and transparency of the funding of the public 5
sector health system. 6
`(3) The administrator of the National Health Funding Pool 7
publicly reports on funds paid into, and out of, the State pool 8
account and the State managed fund.'. 9
Clause 8 Amendment of s 10 (State-wide employment and 10
industrial relations arrangements) 11
Section 10(2), `working in networks'-- 12
omit, insert-- 13
`employed by Services'. 14
Clause 9 Amendment of s 19 (Functions of networks) 15
(1) Section 19(2)(h)-- 16
omit, insert-- 17
`(h) to maintain land, buildings and other assets owned by 18
the Service;'. 19
(2) After section 19(2)(h)-- 20
insert-- 21
`(ha) for a prescribed Service, to employ staff under this 22
Act;'. 23
Clause 10 Amendment of s 20 (Powers of networks) 24
(1) Section 20(2)-- 25
omit, insert-- 26
`(2) A Service may not own assets prescribed by regulation.'. 27
(2) Section 20(4)-- 28
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 11]
omit, insert-- 1
`(4) A Service prescribed by regulation may also employ other 2
health service employees under this Act. 3
Note-- 4
Section 80 states that employees employed in the department and 5
working for a Service immediately before the prescribed day for the 6
Service become employees of the Service on the same terms, conditions 7
and entitlements. 8
`(5) A regulation under subsection (4) may also restrict, limit or 9
impose conditions on the power to employ health service 10
employees.'. 11
Clause 11 Insertion of new s 20A 12
After section 20-- 13
insert-- 14
`20A Limitation on Service's dealing with land or buildings 15
`(1) A Service must not buy or sell land or buildings without the 16
prior written approval of the Minister and the Treasurer. 17
`(2) A Service must not, without the prior written approval of the 18
Minister and the Treasurer, grant or take a lease of land or 19
buildings unless the lease is a type prescribed by regulation.'. 20
Clause 12 Amendment of s 23 (Membership of governing councils) 21
Section 23-- 22
insert-- 23
`(3) One or more of the members of a board must be clinicians.'. 24
Clause 13 Insertion of new s 27A 25
After section 27-- 26
insert-- 27
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 14]
`27A Suspension from office of Hospital and Health Board 1
members 2
`(1) This section applies if-- 3
(a) a matter has arisen in relation to a member of a board; 4
and 5
(b) the matter-- 6
(i) is one which is, or may be, grounds for removing a 7
member from office under section 28; or 8
(ii) is alleged misconduct by the member; and 9
(c) the Minister considers that it is necessary in the public 10
interest for the member to be suspended from office 11
pending further consideration of the matter. 12
`(2) The Minister may suspend the member from office for a 13
period not exceeding 60 days by notice in writing to the 14
member. 15
`(3) If the Minister considers it is necessary in the circumstances, 16
the Minister may extend the suspension from time to time by 17
periods not exceeding 60 days, by notice in writing to the 18
member. 19
`(4) The Minister must advise the member by notice in writing if 20
the Minister ends the member's suspension.'. 21
Clause 14 Amendment of s 28 (Removal from office of governing 22
council members) 23
Section 28(e)-- 24
omit, insert-- 25
`(e) the Minister recommends the removal because the 26
Minister is satisfied the member-- 27
(i) has been guilty of misconduct; or 28
(ii) is incapable of performing the member's duties; or 29
(iii) has neglected the member's duties or performed 30
the member's duties incompetently; or 31
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(iv) has been absent without permission of the board 1
from 3 consecutive meetings of which due notice 2
was given.'. 3
Clause 15 Replacement of pt 2, div 2, sdiv 3 4
Part 2, division 2, subdivision 3-- 5
omit, insert-- 6
`Subdivision 3 Delegation by Hospital and Health 7
Boards 8
`30 Delegation by boards 9
`(1) The board for a Hospital and Health Service may delegate any 10
of the Service's functions under this Act or the Financial 11
Accountability Act 2009-- 12
(a) to a committee of the board if all of the members of the 13
committee are board members; or 14
(b) to the executive committee established by the board; or 15
(c) to the health service chief executive. 16
`(2) The health service chief executive, with the written approval 17
of the board, may sub-delegate a function mentioned in 18
subsection (1) to an appropriately qualified-- 19
(a) employee of the Hospital and Health Service; or 20
(b) health service employee employed in the department 21
and working for the Service. 22
`(3) In this section-- 23
appropriately qualified includes having the qualifications, 24
experience or standing appropriate to the exercise of the 25
power. 26
Example of standing-- 27
the person's classification level or how senior the person is in the 28
Hospital and Health Service'. 29
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Clause 16 Insertion of new pt 2, div 2A 1
After part 2, division 2-- 2
insert-- 3
`Division 2A Executive committees 4
`32A Hospital and Health Board must establish executive 5
committee for Hospital and Health Service 6
`A board must establish, as a committee of the board, an 7
executive committee for the Service controlled by the board. 8
`32B Function of executive committee 9
`(1) The function of the executive committee is to support the 10
board in its role of controlling the Service for which it is 11
established by-- 12
(a) working with the health service chief executive to 13
progress strategic issues identified by the board; and 14
(b) strengthening the relationship between the board and the 15
health service chief executive to ensure accountability in 16
the delivery of services by the Service. 17
`(2) Without limiting subsection (1), an executive committee may, 18
at the direction of the board-- 19
(a) oversee the performance of the Service against the 20
performance measures stated in the service agreement; 21
and 22
(b) support the board in the development of engagement 23
strategies and protocols with primary healthcare 24
organisations, monitor their implementation, and 25
address issues that arise in their implementation; and 26
(c) support the board in the development of service plans 27
and other plans for the Service and monitor their 28
implementation; and 29
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(d) work with the health service chief executive in 1
responding to critical emergent issues in the Service; 2
and 3
(e) perform other functions given to the executive 4
committee by the board. 5
`(3) A regulation may prescribe other matters relating to an 6
executive committee's functions. 7
`32C Membership of executive committee 8
`An executive committee consists of the following-- 9
(a) the chair or deputy chair of the board who is to be chair 10
of the committee; 11
(b) at least 2 other board members, decided by the board, at 12
least one of whom is a clinician. 13
`32D Conduct of business by executive committee 14
`(1) The health service chief executive of a Service is to attend all 15
meetings of the Service's executive committee, unless 16
excused by the chair of the committee. 17
`(2) A quorum for a meeting of an executive committee is one-half 18
of the number of its members, or if one-half is not a whole 19
number, the next highest whole number. 20
`(3) An executive committee must keep a record of the decisions it 21
makes when exercising a power delegated to it by the board 22
that established the committee. 23
`(4) An executive committee is to otherwise conduct its business, 24
including its meetings, in the way the board that established 25
the committee considers appropriate.'. 26
Clause 17 Replacement of pt 2, div 3 27
Part 2, division 3-- 28
omit, insert-- 29
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`Division 3 Health service chief executives 1
`33 Appointment of health service chief executives 2
`(1) A Hospital and Health Service's board must appoint a health 3
service chief executive to manage the Service. 4
`(2) The appointment is not effective until it is approved by the 5
Minister. 6
`(3) The person appointed as health service chief executive must 7
also be appointed as a health executive. 8
`(4) In managing the Service, the health service chief executive is 9
subject to direction by the Service's board. 10
`34 Delegation by health service chief executive 11
`(1) A health service chief executive may delegate the health 12
service chief executive's functions under this Act to an 13
appropriately qualified-- 14
(a) employee of the Hospital and Health Service; or 15
(b) health service employee employed in the department 16
and working for the Service. 17
`(2) However, the health service chief executive must not delegate 18
the authorisation to disclose confidential information in the 19
public 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
Service'. 27
Clause 18 Insertion of new s 39A 28
After section 39-- 29
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[s 19]
insert-- 1
`39A Chief executive to make service agreements available 2
`(1) This section applies to a service agreement between the chief 3
executive and a Service, including an amendment of the 4
agreement. 5
`(2) The chief executive must, within 28 days of entering into the 6
service agreement or amendment-- 7
(a) give the administrator of the National Health Funding 8
Pool a copy of the service agreement or amendment; and 9
(b) publish the service agreement or amendment in a way 10
that allows the agreement to be accessed by members of 11
the public, including, for example, on the internet.'. 12
Clause 19 Insertion of new pt 2, div 4A 13
After section 43-- 14
insert-- 15
`Division 4A Hospital and Health Ancillary 16
Boards 17
`43A Minister may establish ancillary board 18
`(1) The Minister may establish a Hospital and Health Ancillary 19
Board (an ancillary board) to give advice to a Hospital and 20
Health Board in relation to-- 21
(a) a public sector hospital; or 22
(b) a public sector health facility; or 23
(c) a public sector health service; or 24
(d) a part of the State. 25
`(2) Before establishing an ancillary board the Minister may 26
consult with-- 27
(a) the relevant Hospital and Health Board; and 28
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[s 20]
(b) the community who receive health services from, or in, 1
the public sector hospital, public sector health facility, 2
public sector health service or part of the State for which 3
the ancillary board may be established. 4
`(3) The Minister must assign a name to the ancillary board. 5
`(4) A regulation may prescribe matters relating to the 6
establishment and operation of an ancillary board. 7
`(5) Without limiting subsection (4), a regulation may provide for 8
the following-- 9
(a) the way in which an ancillary board is to exercise its 10
function of providing advice to a board; 11
(b) the way consultation is to occur between-- 12
(i) an ancillary board and the board to which it is to 13
provide advice; or 14
(ii) an ancillary board and the Service controlled by 15
the board; 16
(c) the appointment and removal of members of an ancillary 17
board.'. 18
Clause 20 Replacement of pt 2, div 5, heading 19
Part 2, division 5, heading-- 20
omit, insert-- 21
`Division 5 Directions to Hospital and Health 22
Services and appointment of 23
advisers to Hospital and Health 24
Boards'. 25
Clause 21 Amendment of s 44 (Minister may give directions to 26
network) 27
Section 44(4) and (5)-- 28
omit, insert-- 29
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`(4) The Minister must give a copy of a direction to the chief 1
executive who must, as soon as practicable, publish it in a way 2
that allows it to be accessed by members of the public, 3
including, for example, on the internet. 4
`(5) A Service must comply with a direction given by the Minister. 5
`(6) A Service's annual report under the Financial Accountability 6
Act 2009 for a financial year must include a statement about-- 7
(a) each direction given by the Minister to the Service 8
during the financial year; and 9
(b) action taken by the Service as a result of the direction.'. 10
Clause 22 Insertion of new ss 44A to 44E 11
After section 44-- 12
insert-- 13
`44A Minister may appoint advisers to boards 14
`(1) The Minister may appoint a person to be an adviser to a board 15
if the Minister considers that the adviser may assist the board 16
to improve the performance of-- 17
(a) the board; or 18
(b) the Service controlled by the board. 19
`(2) An appointment under this section must be-- 20
(a) in writing; and 21
(b) for the term not exceeding 1 year decided by the 22
Minister; and 23
(c) on the terms and conditions, including remuneration, 24
decided by the Minister. 25
`(3) The Minister must not appoint more than 2 persons to be 26
advisers to a board at the same time. 27
`(4) An appointment under this section is effective whether or not 28
the board agrees to the appointment. 29
`(5) An adviser may resign by notice in writing to the Minister. 30
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`44B Matters to which Minister may have regard in deciding 1
whether to appoint adviser 2
`In deciding whether to appoint an adviser to a board, the 3
Minister may have regard to the performance of the board or 4
the Service controlled by the board in relation to the 5
following-- 6
(a) the safety and quality of the health services being 7
provided by the Service; 8
(b) the way in which the Service is complying with the 9
service agreement for the Service; 10
(c) the financial management of the Service. 11
`44C Functions of advisers 12
The functions of an adviser are-- 13
(a) to attend board meetings; and 14
(b) to provide information and advice to the board to assist 15
it in performing its functions under this Act; and 16
(c) to advise the Minister and the chief executive on any 17
matter relating to the performance of the board or the 18
Service controlled by the board. 19
`44D Adviser not a member of board but has duty of 20
disclosure 21
`An adviser is not a member of the board, but schedule 2, 22
section 9 applies to an adviser as if the adviser were a member 23
of the board. 24
`44E Obligations of board in relation to adviser 25
`(1) While an adviser's appointment is in force, the board must 26
provide the adviser with all notices of board meetings, and all 27
documents and other information provided to board members. 28
`(2) The board must permit the adviser-- 29
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[s 23]
(a) to attend all meetings of the board; and 1
(b) to provide information and advice to the board during 2
meetings.'. 3
Clause 23 Insertion of new s 44F 4
In part 3, division 1-- 5
insert-- 6
`44F Chief executive subject to direction of the Minister 7
`(1) The chief executive is subject to the directions of the Minister 8
in managing the department. 9
`(2) However, in making decisions about particular individuals, 10
the chief executive-- 11
(a) must act independently, impartially and fairly; and 12
(b) is not subject to the direction of the Minister.'. 13
Clause 24 Amendment of s 45 (Functions of chief executive) 14
(1) Section 45(d)-- 15
omit. 16
(2) Section 45(e)-- 17
omit, insert-- 18
`(d) to manage major capital works for proposed public 19
sector health service facilities; 20
(e) to employ staff in the department, including to work for 21
Services other than prescribed Services;'. 22
(3) Section 45(f), `employ staff and'-- 23
omit. 24
Clause 25 Amendment of s 46 (Delegation by chief executive) 25
Section 46(5)-- 26
omit, insert-- 27
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[s 26]
`(5) A health service chief executive, with the written approval of 1
the chief executive, may sub-delegate a function delegated to 2
the health service chief executive under subsection (1) to an 3
appropriately qualified-- 4
(a) health executive employed by the Service; or 5
(b) health service employee employed in the department 6
and working for the Service.'. 7
Clause 26 Insertion of new pt 3A 8
After part 3-- 9
insert-- 10
`Part 3A Funding of public sector health 11
system 12
`Division 1 Purpose of part 13
`53A Purpose 14
`The main purpose of this part is to enhance the accountability 15
and transparency of the funding of public sector hospitals, 16
other public sector health services, and teaching, training and 17
research related to the provision of health services. 18
`Division 2 State pool account 19
`53B Establishment of State pool account 20
`The chief executive is to establish an account with the 21
Reserve Bank of Australia to be called the State pool account. 22
`53C Payment into State pool account 23
`(1) The following must be paid into the State pool account-- 24
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(a) all activity-based funding allocated from State funds for 1
the provision of hospital services under the National 2
Health Reform Agreement; 3
(b) all funding received from the Commonwealth for the 4
provision of hospital and other health services under the 5
National Health Reform Agreement. 6
`(2) The following may be paid into the State pool account-- 7
(a) exceptional payments for the provision of health 8
services decided by the chief executive; 9
(b) interest earned on the account. 10
`(3) The amounts paid into the State pool account may include 11
adjustments-- 12
(a) to reflect the difference between estimated and actual 13
services provided; and 14
(b) for other funding reconciliations under the National 15
Health Reform Agreement. 16
`(4) In this section-- 17
health services also includes teaching, training and research 18
related to the provision of health services. 19
`53D Payments from State pool account 20
`(1) The payment of funds from the State pool account, including 21
the timing of the payments, is to be made only by the 22
administrator at the direction of the Minister. 23
`(2) The administrator is required to authorise personally each 24
payment made from the State pool account. 25
`(3) Payments from the State pool account are to be made only 26
to-- 27
(a) Hospital and Health Services and other providers of 28
hospital and other health services; or 29
(b) the State managed fund; or 30
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[s 26]
(c) an account in the department other than the State pool 1
account or the State managed fund. 2
`(4) A direction made by the Minister to the administrator for the 3
payment of funds from the State pool account is to be 4
consistent with-- 5
(a) the purpose for which the funding was paid into the 6
account; and 7
(b) the National Health Reform Agreement; and 8
(c) advice provided by the administrator about the basis on 9
which the administrator has calculated payments into 10
the account by the Commonwealth; and 11
(d) any relevant service agreement between the chief 12
executive and a Service. 13
`(5) This section does not prevent the Minister from directing the 14
administrator to pay funds-- 15
(a) to reflect the difference between estimated and actual 16
services provided; or 17
(b) for other funding reconciliations under the National 18
Health Reform Agreement; or 19
(c) to correct any error in payments out of the State pool 20
account; or 21
(d) to pay fees associated with maintaining the State pool 22
account, including financial institution fees and audit 23
fees; or 24
(e) for interest earned on the State pool account, for any 25
purpose decided by the Treasurer; or 26
(f) to the department for the provision of support services to 27
Services. 28
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`53E Payment from State pool account if no administrator or 1
administrator not available to make the payment 2
`The chief executive may pay funds from the State pool 3
account at the direction of the Minister as if the chief 4
executive were the administrator-- 5
(a) if there is no administrator or acting administrator 6
appointed under this Act; or 7
(b) the administrator is not available to make the payment. 8
`Division 3 State managed fund 9
`53F Establishment of State managed fund 10
`The chief executive is to establish an account with a financial 11
institution to be called the State managed fund. 12
`53G Payment into State managed fund 13
`(1) The following must be paid into the State managed fund-- 14
(a) block funding allocated by the State, or paid from the 15
State pool account, for the provision of hospital and 16
other health services under the National Health Reform 17
Agreement; 18
(b) funding for teaching, training and research related to the 19
provision of health services allocated by the State, or 20
paid from the State pool account, under the National 21
Health Reform Agreement. 22
`(2) Exceptional payments for the provision of health services 23
decided by the chief executive may be paid into the State 24
managed fund. 25
`(3) The amounts paid into the State managed fund may include 26
adjustments-- 27
(a) to reflect the difference between estimated and actual 28
services provided; and 29
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[s 26]
(b) for other funding reconciliations under the National 1
Health Reform Agreement. 2
`(4) In this section-- 3
block funding means funding for public patient services that 4
are not appropriately funded through activity-based funding 5
but does not include top-up funding provided by the 6
Commonwealth under the National Health Reform 7
Agreement. 8
`53H Payments from State managed fund 9
`(1) Payments of funds from the State managed fund, including the 10
timing of the payments, are to be decided by the chief 11
executive. 12
`(2) Payments from the State managed fund are to be made only 13
to-- 14
(a) Hospital and Health Services and other providers of 15
hospital and other health services; and 16
(b) universities and other providers of teaching, training and 17
research related to the provision of health services. 18
`(3) Payment of funds from the State managed fund is to be 19
consistent with-- 20
(a) the purpose for which the funding was paid into the 21
fund; and 22
(b) the National Health Reform Agreement; and 23
(c) any relevant service agreement between the chief 24
executive and a Service. 25
`(4) This section does not prevent the chief executive from paying 26
amounts from the State managed fund-- 27
(a) to reflect the difference between estimated and actual 28
services provided; or 29
(b) for other funding reconciliations under the National 30
Health Reform Agreement; or 31
(c) to correct any error in payments out of the fund; or 32
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(d) to pay fees associated with maintaining the fund, 1
including financial institution fees and audit fees; or 2
(e) to another account in the department for the provision of 3
support services to Services. 4
`Division 4 Provisions applying to 5
administrator for all States, 6
Territories and the Commonwealth 7
`Subdivision 1 Preliminary 8
`53I Definitions for div 4 9
`(1) In this division-- 10
administrator means the administrator of the National Health 11
Funding Pool appointed under section 53K and under the 12
corresponding provision of the laws of the Commonwealth 13
and the other States. 14
COAG means the Council of Australian Governments. 15
function includes a power, authority or duty. 16
Hospital and Health Service-- 17
(a) for Queensland, means a Hospital and Health Service 18
established under section 17; or 19
(b) for another State, means an organisation that is a local 20
hospital network (however described) for the purposes 21
of the National Health Reform Agreement. 22
National Health Funding Pool means the combined State 23
pool accounts for each State. 24
National Health Reform Agreement means the National 25
Health Reform Agreement between the Commonwealth and 26
the States that was agreed to by COAG on 2 August 2011, as 27
amended from time to time. 28
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[s 26]
responsible Minister for a jurisdiction means the relevant 1
Minister with portfolio responsibility for the administration of 2
the provision of this division in which the expression occurs 3
(or of the corresponding provision of the laws of the 4
Commonwealth and the other States). 5
Note-- 6
see also section 53ZB 7
Standing Council on Health means (subject to subsection 8
(2)) the Ministerial Council by that name or, if there is no such 9
Ministerial Council, the standing Ministerial Council 10
established or recognised by COAG whose members include 11
all Ministers in Australia having portfolio responsibility for 12
health. 13
State includes the Australian Capital Territory and the 14
Northern Territory. 15
State managed fund of a State means a bank account or fund 16
established or designated by the State for the purposes of 17
health funding under the National Health Reform Agreement 18
that is required to be undertaken in the State through a State 19
managed fund. 20
State pool account of a State means the bank account 21
established by the State under section 53B or under the 22
corresponding provisions of the law of another State. 23
`(2) The Standing Council on Health, when acting under this 24
division, is to be constituted only by a single Minister for the 25
Commonwealth and a single Minister for each of the States, 26
and any reference in this division to a member of that Council 27
is to be construed as a reference to those Ministerial members 28
only. 29
`(3) If there are 2 or more Ministers for the Commonwealth or for 30
a State who are members of the Standing Council on Health, 31
the relevant Minister for the purposes of this division is the 32
Minister having primary portfolio responsibility for health in 33
his or her jurisdiction. 34
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`(4) A reference in this division to the agreement of, or a request 1
by, a member of the Standing Council on Health is a reference 2
to an agreement or request in writing. 3
`(5) This division is to be interpreted in accordance with Schedule 4
7 to the Health Practitioner Regulation National Law set out 5
in the Schedule to the Health Practitioner Regulation 6
National Law Act 2009. 7
`(6) The Acts Interpretation Act 1954 does not apply to or in 8
respect of this division. 9
`Subdivision 2 Administrator of the National Health 10
Funding Pool 11
`53J The office of administrator 12
`(1) The office of administrator of the National Health Funding 13
Pool is established by this division. 14
`(2) It is the intention of Parliament that the same individual holds 15
the office established under subsection (1) and under the 16
corresponding provision of the laws of the Commonwealth 17
and the other States. 18
`(3) The administrator appointed under this division may exercise 19
and perform the functions of the administrator in relation to-- 20
(a) one jurisdiction; or 21
(b) 2 or more or all jurisdictions collectively. 22
`(4) A reference in a provision of this division (other than in 23
section 53P(1)) to a function of the administrator under this 24
division includes a reference to a function of the administrator 25
under the corresponding provision of the laws of the 26
Commonwealth and the other States. 27
`53K Appointment of administrator 28
`(1) The Minister for this jurisdiction who is a member of the 29
Standing Council on Health is to appoint an individual to the 30
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office of the administrator of the National Health Funding 1
Pool under this division. 2
`(2) Before the appointment is made, the Chair of the Standing 3
Council on Health is to give each member of the Council an 4
opportunity to nominate an individual for appointment. 5
`(3) An appointment is not to be made unless all the members of 6
the Standing Council on Health have agreed on the individual 7
who will be appointed as administrator, the date that the 8
appointment will take effect, the period of appointment and 9
the conditions of appointment. 10
`(4) The appointment is to be made by instrument in writing. 11
`(5) The administrator is to be appointed (subject to subsection 12
(3)) for the period, not exceeding 5 years, and on the 13
conditions specified in his or her instrument of appointment, 14
but is eligible for re-appointment. 15
`(6) The administrator is entitled to the remuneration determined 16
in accordance with the law of the Commonwealth. 17
`53L Suspension of administrator 18
`(1) The Chair of the Standing Council on Health is required to 19
suspend the administrator from office if requested to do so 20
by-- 21
(a) at least 3 members of the Council who are Ministers of a 22
State; or 23
(b) the member of the Council who is a Minister of the 24
Commonwealth. 25
`(2) A member of the Standing Council on Health is not to request 26
the suspension of the administrator unless the member is 27
satisfied that the administrator-- 28
(a) is, because of any physical or mental incapacity or 29
otherwise, unable to perform his or her functions 30
satisfactorily; or 31
(b) has failed to comply with his or her obligations or duties 32
as administrator; or 33
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(c) has been accused or convicted of an offence that carries 1
a penalty of imprisonment; or 2
(d) has or may become bankrupt. 3
`(3) A suspension is to be effected by an instrument in writing and 4
is to be notified by the Chair of the Standing Council on 5
Health to all members of the Council. 6
`(4) A suspension is terminated after a period of suspension of 60 7
days unless before the end of that period the administrator is 8
removed or resigns from office or a majority of the members 9
of the Standing Council on Health-- 10
(a) terminate the suspension; or 11
(b) extend the suspension for a specified further period. 12
`(5) Despite subsection (1), the Chair of the Standing Council on 13
Health is not to suspend the administrator from office within 14
the period of 90 days after an earlier period of suspension was 15
terminated unless a majority of the members of the Council 16
request the Chair to do so. 17
`53M Removal or resignation of administrator 18
`(1) The Minister for this jurisdiction who is a member of the 19
Standing Council on Health is required to remove the 20
administrator from office if a majority of the members of the 21
Council agree to the administrator's removal from office. 22
`(2) The administrator is to be removed from office by an 23
instrument in writing that takes effect on the date agreed to by 24
the majority of the members of the Standing Council on 25
Health. 26
`(3) The administrator may resign as administrator by notice in 27
writing to the Chair of the Standing Council on Health. 28
`(4) The resignation of the administrator takes effect on the date 29
notified by the Chair of the Standing Council on Health to all 30
members of the Council. 31
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`53N Acting administrator 1
`(1) The Chair of the Standing Council on Health may, from time 2
to time, appoint an individual to act as the administrator 3
during any period when the office is vacant or the holder of 4
the office is suspended or absent from duty. 5
`(2) Any such appointment may only be made from a panel of 6
persons, and in accordance with the procedure, agreed to by 7
all the members of the Standing Council on Health. 8
`53O Provision of staff and facilities for administrator 9
`(1) Staff and facilities to assist the administrator in exercising or 10
performing his or her functions under this division are to be 11
provided by the National Health Funding Body constituted 12
under the National Health Reform Act 2011 of the 13
Commonwealth. 14
`(2) The administrator is not entitled to delegate a function 15
conferred on the administrator under this division to that body, 16
to any such member of staff or to any other person or body. 17
`53P Functions of administrator 18
`(1) The administrator is-- 19
(a) to calculate and advise the Treasurer of the 20
Commonwealth of the amounts required to be paid by 21
the Commonwealth into each State pool account of the 22
National Health Funding Pool under the National Health 23
Reform Agreement (including advice on any 24
reconciliation of those amounts based on subsequent 25
actual service delivery); and 26
(b) to monitor State payments into each State pool account 27
for the purposes of subdivision 3; and 28
(c) to make payments from each State pool account in 29
accordance with the directions of the State concerned; 30
and 31
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(d) to report publicly on the payments made into and from 1
each State pool account and other matters on which the 2
administrator is required to report under this division; 3
and 4
(e) to exercise or perform any other functions conferred on 5
the administrator under this division. 6
Note-- 7
The National Health Reform Act 2011 (Cwlth) provides that the 8
functions of the administrator include monitoring Commonwealth 9
payments into each State pool account for the purposes of financial 10
management and reporting. 11
`(2) The administrator and the body and staff assisting the 12
administrator are not subject to the control or direction of any 13
Minister of the Commonwealth in relation to the exercise or 14
performance of the administrator's functions under this 15
division. 16
`(3) However, the administrator is required to comply with any 17
directions given by COAG in relation to the manner in which 18
the administrator exercises or performs his or her functions 19
under this division (including in relation to the preparation or 20
provision of annual or monthly reports, financial statements or 21
information under subdivision 3). 22
`(4) Directions given by COAG under subsection (3)-- 23
(a) are to be given in accordance with a written resolution 24
of COAG passed in accordance with the procedures 25
determined by COAG; and 26
(b) are to be notified in writing to the administrator; and 27
(c) are to be made publicly available by the administrator. 28
`(5) To avoid doubt, this division is not intended-- 29
(a) to give the Commonwealth ownership or control of 30
money in a State pool account; or 31
(b) to affect the obligation of the administrator under the 32
law of a State to make payments from the State pool 33
account of the State in accordance with the directions of 34
the State. 35
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`(6) To avoid doubt, the administrator may have regard to 1
information obtained in the exercise or performance of 2
functions under the law of another jurisdiction in the exercise 3
or performance of the administrator's functions under 4
subdivision 3. 5
`Subdivision 3 Financial management and 6
reporting 7
`53Q Financial management obligations of administrator 8
`The administrator must-- 9
(a) develop and apply appropriate financial management 10
policies and procedures with respect to the State pool 11
accounts (including policies and procedures to ensure 12
payments from those accounts are made in accordance 13
with the directions of the responsible Ministers); and 14
(b) keep proper records in relation to the administration of 15
the State pool accounts, including records of all 16
payments made into and from those accounts and the 17
basis on which the payments were made; and 18
(c) prepare the financial statements required by this 19
subdivision in relation to the State pool accounts and 20
arrange for the audit of those financial statements in 21
accordance with this subdivision. 22
`53R Monthly reports by administrator 23
`(1) The administrator must provide monthly reports to the 24
Commonwealth and each State containing the following 25
information for the relevant month-- 26
(a) the amounts paid into each State pool account and State 27
managed fund by the relevant State and the basis on 28
which the payments were made; 29
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(b) the amounts paid into each State pool account by the 1
Commonwealth and the basis on which the payments 2
were made; 3
(c) the amounts paid from each State pool account to 4
Hospital and Health Services, a State managed fund or 5
other organisations or funds and the basis on which the 6
payments were made; 7
(d) the amounts paid from each State managed fund to 8
Hospital and Health Services or other organisations or 9
funds and the basis on which the payments were made; 10
(e) the number of public hospital services funded for each 11
Hospital and Health Service (including a running 12
financial year total) in accordance with the system of 13
activity-based funding; 14
(f) the number of other public hospital services and 15
functions funded from each State pool account or State 16
managed fund (including a running financial year total). 17
`(2) A monthly report required to be provided to a jurisdiction 18
under this section is to be provided to the responsible Minister 19
for that jurisdiction or to a body or officer notified to the 20
administrator by that Minister. 21
`(3) The administrator is to make reports provided under this 22
section publicly available. 23
`53S Annual report by administrator 24
`(1) The administrator must, within 4 months after the end of each 25
financial year, provide to the responsible Ministers an annual 26
report on the exercise or performance of his or her functions 27
under this division during the financial year. 28
`(2) The annual report must include the following information for 29
the relevant financial year-- 30
(a) the amounts paid into each State pool account and State 31
managed fund by the relevant State and the basis on 32
which the payments were made; 33
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(b) the amounts paid into each State pool account by the 1
Commonwealth and the basis on which the payments 2
were made; 3
(c) the amounts paid from each State pool account to 4
Hospital and Health Services, a State managed fund or 5
other organisations or funds and the basis on which the 6
payments were made; 7
(d) the amounts paid from each State managed fund to 8
Hospital and Health Services or other organisations or 9
funds and the basis on which the payments were made; 10
(e) the number of public hospital services funded for each 11
Hospital and Health Service in accordance with the 12
system of activity-based funding; 13
(f) the number of other public hospital services and 14
functions funded from each State pool account or State 15
managed fund. 16
`(3) The annual report is to be accompanied by-- 17
(a) an audited financial statement for each State pool 18
account; and 19
(b) a financial statement that combines the audited financial 20
statements for each State pool account. 21
`(4) A responsible Minister must, as soon as practicable after 22
receiving an annual report under this section, cause a copy of 23
the report to be tabled in the Parliament of the responsible 24
Minister's jurisdiction. 25
`53T Administrator to prepare financial statements for State 26
pool accounts 27
`The administrator must, after each financial year, prepare-- 28
(a) a financial statement for each State pool account that 29
details financial transactions during that financial year; 30
and 31
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(b) a combined financial statement that consists of the 1
financial statements for each State pool account for the 2
financial year. 3
`53U Audit of financial statements 4
`(1) The auditor-general must, for each financial year-- 5
(a) audit the financial statements under this subdivision for 6
the State pool account established under section 53B; 7
and 8
(b) prepare an auditor's report about the financial 9
statements. 10
`(2) As soon as practicable after the auditor-general has audited 11
the financial statements and prepared an auditor's report, the 12
auditor-general must-- 13
(a) give the certified statements and the auditor's report to 14
the chief executive; and 15
(b) give a copy of the certified statements and the auditor's 16
report to the administrator, the Minister and the 17
Treasurer. 18
`(3) The Auditor-General Act 2009 applies to an audit under this 19
section as if it were conducted under that Act. 20
`(4) Without limiting subsection (3)-- 21
(a) the auditor-general has the same powers the 22
auditor-general has in relation to an audit of the 23
consolidated fund or an entity under the 24
Auditor-General Act 2009; and 25
(b) the Auditor-General Act 2009, section 53 applies to a 26
record made, or information divulged or communicated, 27
in relation to an audit under this section as if it were a 28
record made, or information divulged or communicated, 29
under that Act. 30
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`53V Performance audits 1
`(1) This section applies to all or any particular activities of the 2
administrator that relate to Queensland. 3
`(2) The auditor-general may conduct a performance audit, under 4
the Auditor-General Act 2009, section 37A, of all or any of 5
the particular activities of the administrator as if the 6
administrator were a public sector entity under that Act. 7
`(3) Before the auditor-general of this jurisdiction conducts a 8
performance audit, the auditor-general must notify the 9
Auditors-General of all other jurisdictions of his or her 10
intention to conduct the proposed audit. 11
`(4) Auditors-General who are conducting performance audits at 12
the same time are to make arrangements to coordinate the 13
conduct of those audits in relation to any requirements 14
imposed on the administrator. 15
`53W States to provide administrator with information about 16
State managed funds 17
`The responsible Minister for a State is to provide information 18
to the administrator about any of the following matters 19
relating to the State managed fund of the State that the 20
administrator requires for the preparation of reports and 21
financial statements under this subdivision-- 22
(a) the amounts paid by the State into the State managed 23
fund and the basis on which the payments were made; 24
(b) the amounts paid by the State from the State managed 25
fund to Hospital and Health Services or other 26
organisations or funds and the basis on which the 27
payments were made; 28
(c) public hospital services and functions that are funded 29
from the State managed fund. 30
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`53X Provision of information generally 1
`(1) The administrator is required to provide to the responsible 2
Minister for a jurisdiction any information requested by that 3
responsible Minister that relates to that jurisdiction. 4
`(2) The information is to be provided by the time requested by 5
that responsible Minister. 6
`(3) The administrator is required to provide to the responsible 7
Ministers of all jurisdictions a copy of advice provided by the 8
administrator to the Treasurer of the Commonwealth about 9
the basis on which the administrator has calculated the 10
payments to be made into State pool accounts by the 11
Commonwealth. 12
`(4) The administrator may at any time provide any information 13
that relates to a jurisdiction to the responsible Minister for that 14
jurisdiction. 15
`(5) Any information relating to a jurisdiction that is provided by 16
the administrator to another jurisdiction may only be publicly 17
released by that other jurisdiction in accordance with 18
arrangements approved by the responsible Minister for the 19
jurisdiction to which the information relates. 20
`Subdivision 4 Miscellaneous 21
`53Y Application of Acts to administrator 22
`(1) The administrator is a unit of public administration under the 23
Crime and Misconduct Act 2001. 24
`(2) The following Acts do not apply to the administrator in 25
performing a function under this Act-- 26
(a) the Information Privacy Act 2009; 27
(b) the Ombudsman Act 2001; 28
(c) the Right to Information Act 2009; 29
(d) the Public Records Act 2002. 30
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`(3) To remove doubt, it is declared that the administrator is not a 1
statutory body for-- 2
(a) the Statutory Bodies Financial Arrangements Act 1982; 3
or 4
(b) the Financial Accountability Act 2009 5
`53Z Application of Commonwealth Acts 6
(1) The following Acts apply (subject to subsection (2)) as laws 7
of this jurisdiction to or in respect of the administrator and any 8
function exercised or performed by the administrator-- 9
(a) the Archives Act 1983 of the Commonwealth; 10
(b) the Australian Information Commissioner Act 2010 of 11
the Commonwealth; 12
(c) the Freedom of Information Act 1982 of the 13
Commonwealth; 14
(d) the Ombudsman Act 1976 of the Commonwealth; 15
(e) the Privacy Act 1988 of the Commonwealth. 16
(2) Each of those Acts so applies subject to the modifications 17
made by Regulations made under the National Health Reform 18
Act 2011 of the Commonwealth with the agreement of all the 19
members of the Standing Council on Health. 20
`53ZA Extra territorial operation of Act 21
`It is the intention of Parliament that the operation of this 22
division is to include, as far as possible, operation in relation 23
to the following-- 24
(a) things situated in or outside the territorial limits of this 25
jurisdiction; 26
(b) acts, transactions and matters done, entered into or 27
occurring in or outside the territorial limits of this 28
jurisdiction; 29
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(c) things, acts, transactions and matters (wherever situated, 1
done, entered into or occurring) that would, apart from 2
this division, be governed or otherwise affected by the 3
law of another jurisdiction. 4
`53ZB Transitional and validation provisions 5
`(1) If, on the commencement of this division, corresponding 6
provisions to this division have not been enacted by another 7
jurisdiction, the responsible Minister for that jurisdiction for 8
the purposes of this division is the Minister of that jurisdiction 9
with portfolio responsibility for health. 10
`(2) Any thing done by a Minister of the Commonwealth or of a 11
State before the commencement of this division that would 12
have been validly done if this division, and the corresponding 13
provisions of other jurisdictions, had been in force at the time 14
is taken to have been validly done.'. 15
Clause 27 Amendment of s 54 (Chief executive may provide data to 16
Commonwealth) 17
Section 54(3)-- 18
omit, insert-- 19
`(3) In this section-- 20
relevant data means-- 21
(a) data the State and Commonwealth have agreed is to be 22
provided to-- 23
(i) the Commonwealth; or 24
(ii) an entity established under an Act of the 25
Commonwealth; or 26
(b) data the State and an entity established under an Act of 27
the Commonwealth have agreed is to be provided to the 28
entity.'. 29
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Clause 28 Amendment of s 60 (Power of health service auditors) 1
Section 60(2) to (4)-- 2
omit, insert-- 3
`(2) A health service auditor may, in the exercise of the auditor's 4
functions, ask an employee of the department or a Service to 5
give to the auditor a document, including a document 6
containing confidential information, that-- 7
(a) is relevant to the auditor's functions; and 8
(b) is in the possession or control of the employee. 9
`(3) The employee must comply with the request. 10
`(4) If requested by the employee, the health service auditor must 11
produce the auditor's instrument of appointment to the 12
employee.'. 13
Clause 29 Amendment of s 67 (Appointment of health service 14
employees) 15
(1) Section 67(3) and (4)-- 16
renumber as section 67(4) and (5). 17
(2) Section 67(1) and (2)-- 18
omit, insert-- 19
`(1) The chief executive may appoint a person as a health service 20
employee in the department, including as an employee of the 21
department working for a Service that is not a prescribed 22
Service. 23
`(2) A Service may appoint a person as a health executive in the 24
Service. 25
`(3) A prescribed Service may appoint a person as any health 26
service employee in the Service.'. 27
Clause 30 Amendment of s 68 (Contracted health service 28
employees other than health executives) 29
Section 68(2)-- 30
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omit, insert-- 1
`(2) A person appointed on a contract for a fixed term must enter 2
into a written contract of employment-- 3
(a) for an employee of the department--with the chief 4
executive; or 5
(b) for an employee of a prescribed Service--with the 6
health service chief executive.'. 7
Clause 31 Insertion of new s 69A 8
Part 5, division 1, after section 69-- 9
insert-- 10
`69A Modification of Industrial Relations Act 1999 for health 11
service employees 12
`The Industrial Relations Act 1999, schedule 4A states the 13
way that Act is modified for Hospital and Health Services 14
prescribed under the Hospital and Health Boards Act 2011, 15
section 20(4) and their employees.'. 16
Clause 32 Amendment of s 74 (Basis of employment for health 17
executives) 18
(1) Section 74(1)-- 19
omit, insert-- 20
`(1) Each person appointed as a health executive must enter into a 21
written contract of employment with the following-- 22
(a) for a health executive employed by a Service (other than 23
the health service chief executive)--the health service 24
chief executive; 25
(b) for a health executive in the department--the chief 26
executive; 27
(c) for a health service chief executive--the chair of the 28
board for the Service.'. 29
(2) Section 74(4) and (5)-- 30
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omit, insert-- 1
`(4) A health executive's appointment and contract of employment 2
may be terminated by written notice given to the health 3
executive at least 1 month before it is to take effect by-- 4
(a) for a health executive employed by a Service (other than 5
the health service chief executive)--the health service 6
chief executive; 7
(b) for a health executive in the department--the chief 8
executive; 9
(c) for a health service chief executive--the chair of the 10
board for the Service. 11
`(5) For subsection (4), the termination of the appointment and 12
contract of employment of a health service chief executive is 13
not effective until it is approved by the Minister.'. 14
Clause 33 Amendment of s 78 (Transfer of health service employees 15
or network health executives) 16
(1) Section 78, heading `or network health executives'-- 17
omit. 18
(2) Section 78(1), `network health executive or other'-- 19
omit. 20
(3) Section 78(1), (2) and (3), `executive or'-- 21
omit. 22
(4) Section 78(2) and (3), `executive's or'-- 23
omit. 24
(5) Section 78(4), `network'-- 25
omit. 26
Clause 34 Insertion of pt 5, div 4 27
After part 5, division 3-- 28
insert-- 29
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`Division 4 Matters relating to employment of 1
health service employees by 2
Services 3
`80 Departmental health service employees to be employed 4
by Services 5
`(1) This section applies to a person employed in the department 6
who is working for a Service immediately before the 7
prescribed day for that Service. 8
`(2) From the prescribed day, the person is taken to be employed 9
by the Service on the same terms, conditions and entitlements 10
as those applying to the person's employment in the 11
department immediately before the prescribed day. 12
`(3) Also, the following apply for the person-- 13
(a) the person retains and is entitled to all rights, benefits 14
and entitlements that have accrued to the person because 15
of the person's previous employment as a health service 16
employee in the department; 17
(b) the person's accruing rights, including to 18
superannuation or recreation, sick, long service or other 19
leave are not affected; 20
(c) continuity of service is not interrupted, except that the 21
person is not entitled to claim the benefit of a right or 22
entitlement more than once in relation to the same 23
period of service; 24
(d) the employment does not constitute a termination of 25
employment or a retrenchment or redundancy; 26
(e) the person is not entitled to a payment or other benefit 27
because he or she is no longer employed in the 28
department. 29
`(4) Subject to this section, the chief executive may issue a 30
direction to a person to facilitate the transition of employees 31
from the department to a Service. 32
`(5) A person given a direction must comply with the direction. 33
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`(6) If a person employed under subsection (2) was employed in 1
the department under a contract, the person is taken to be 2
employed by the Service under the contract under which the 3
person was employed before the prescribed day. 4
`80A Appointment to perform functions or do other things not 5
affected by becoming employees of prescribed Service 6
`(1) Subsection (2) applies if-- 7
(a) a person is employed in the department and is working 8
for a Service before the person becomes an employee of 9
the Service under section 80; and 10
(b) before the person becomes an employee of the Service 11
the person is appointed to perform a function or to do 12
anything under this Act; and 13
(c) the function or thing has not been completed 14
immediately before the prescribed day. 15
`(2) The person's appointment mentioned in subsection (1)(b) is 16
not affected and the function or thing may be completed after 17
the prescribed day. 18
Example-- 19
A person's appointment as a clinical reviewer or as a member of an 20
RCA team is not affected by the person becoming an employee of a 21
Service and the person may complete the matter for which he or she was 22
appointed. 23
`80B Matters and proceedings not affected by persons 24
becoming employees of prescribed Service 25
`(1) Subsection (2) applies if-- 26
(a) a person is employed in the department and is working 27
for a Service before the person becomes an employee of 28
the Service under section 80; and 29
(b) before the person becomes an employee of the Service a 30
proceeding is taken by or against the person or anything 31
else is done in relation to the person as an employee of 32
the department; and 33
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(c) the proceeding or other thing has not been completed 1
immediately before the prescribed day. 2
`(2) The proceeding may be continued and completed after the 3
prescribed day by or against the Service instead of the 4
department. 5
`(3) For anything other than a proceeding, the thing may be 6
continued unaffected by the person becoming an employee of 7
the Service. 8
Examples for subsection (3)-- 9
A recruitment and selection process involving a person employed in the 10
department and working for a Service started before the prescribed day 11
may continue after the prescribed day. 12
The approval of the annual leave for a person employed in the 13
department and working for a Service before the prescribed day is 14
effective after the prescribed day.'. 15
Clause 35 Amendment of s 87 (Protection for documents and 16
information) 17
Section 87(3)-- 18
omit, insert-- 19
`(3) A person must not, and can not be compelled to, produce the 20
document or information, or give evidence relating to the 21
document or information-- 22
(a) in any proceeding, other than a proceeding for an 23
offence under this division; or 24
(b) in compliance with a requirement under an Act or legal 25
process.'. 26
Clause 36 Amendment of s 119 (Protection for documents and 27
information) 28
Section 119(3)-- 29
omit, insert-- 30
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`(3) A person must not, and can not be compelled to, produce the 1
document or information, or give evidence relating to the 2
document or information-- 3
(a) in any proceeding, other than a proceeding for an 4
offence under this division; or 5
(b) in compliance with a requirement under an Act or legal 6
process.'. 7
Clause 37 Amendment of s 129 (Powers of clinical reviewers) 8
Section 129(2) to (4)-- 9
omit, insert-- 10
`(2) A clinical reviewer may, in the exercise of the reviewer's 11
functions, ask an employee of the department or a Service to 12
give to the reviewer a document, including a document 13
containing confidential information, that-- 14
(a) is relevant to the reviewer's functions; and 15
(b) is in the possession or control of the employee. 16
`(3) The employee must comply with the request. 17
`(4) If requested by the employee, the clinical reviewer must 18
produce the reviewer's instrument of appointment to the 19
employee.'. 20
Clause 38 Amendment of s 138 (Protection for documents and 21
information) 22
(1) Section 138, heading, `documents and information'-- 23
omit, insert-- 24
`reports'. 25
(2) Section 138(3)-- 26
omit, insert-- 27
`(3) A person must not, and can not be compelled to, produce the 28
report, or give evidence relating to the report-- 29
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(a) in any proceeding, other than a proceeding for an 1
offence under this division; or 2
(b) in compliance with a requirement under an Act or legal 3
process.'. 4
Clause 39 Amendment of s 143 (Disclosure required or permitted by 5
law) 6
(1) Section 143(1), `another Act'-- 7
`an Act'. 8
(2) Section 143(2)-- 9
insert-- 10
`(d) information provided to the administrator under part 3A, 11
division 4.'. 12
Clause 40 Amendment of s 194 (Powers of health service 13
investigators) 14
Section 194(2) to (4)-- 15
omit, insert-- 16
`(2) A health service investigator may, in the exercise of the 17
investigator's functions, ask an employee of the department or 18
a Service to give to the investigator a document, including a 19
document containing confidential information, that-- 20
(a) is relevant to the investigator's functions; and 21
(b) is in the possession or control of the employee. 22
`(3) The employee must comply with the request. 23
`(4) If requested by the employee, the health service investigator 24
must produce the investigator's instrument of appointment to 25
the employee.'. 26
Clause 41 Amendment of s 279 (Delegation by Minister) 27
Section 279(2)-- 28
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omit, insert-- 1
`(2) However, the Minister must not delegate-- 2
(a) the function to decide the terms of a service agreement 3
under section 38 or the amendment of a service 4
agreement under section 39; or 5
(b) the function to give a direction to a Service under 6
section 44; or 7
(c) the function to appoint a person to be an adviser to a 8
board under section 44A; or 9
(d) the functions under part 3A, division 4 in relation to the 10
appointment, suspension or removal of the 11
administrator.'. 12
Clause 42 Amendment of s 280 (Protecting officials) 13
(1) Section 280(1)-- 14
insert-- 15
`(i) the administrator appointed under section 53K.'. 16
(2) Section 280(3)(b), `subsection (1)(f) to (h)'-- 17
omit, insert-- 18
`subsection (1)(f) to (i)'. 19
Clause 43 Amendment of s 282 (Regulation-making power) 20
Section 282(4) to (6)-- 21
omit, insert-- 22
`(4) Also, a regulation may provide for matters relating to the 23
movement of health service employees between Services or 24
between a Service and the department. 25
`(5) Without limiting subsection (4), a regulation may provide for 26
the following-- 27
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(a) movements of health service employees by agreement 1
of the chief executive, health service chief executives or 2
chairs of boards; 3
(b) movements of health service employees by the written 4
direction of the Minister or the chief executive; 5
(c) health service employees establishing reasonable 6
grounds to refuse movements; 7
(d) the rights and entitlements of health service employees 8
who are subject to movements, including matters 9
relating to employment contracts. 10
`(6) Also, a regulation may prescribe a matter relating to the 11
transition of employees from the department to a prescribed 12
Service under part 5, division 4 if this Act does not make 13
provision or sufficient provision for the matter. 14
`(7) Also, a regulation made under this Act may impose a penalty 15
of not more than 20 penalty units for a contravention of a 16
provision of a regulation.'. 17
Clause 44 Replacement of pt 13, div 2, heading 18
Part 13, division 2, heading-- 19
omit, insert-- 20
`Division 2 Savings and transitionals for Act 21
No. 32 of 2011'. 22
Clause 45 Amendment of s 307 (Transfer notice) 23
Section 307-- 24
insert-- 25
`(2A) A transfer notice may amend an earlier transfer notice, or a 26
further transfer notice may be made, to correct an error in an 27
earlier transfer notice. 28
`(2B) Nothing prevents an amending or further transfer notice from 29
transferring something mentioned in subsection (2) from a 30
Service to the State.'. 31
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Part 2 Amendment of Health and Hospitals Network Act 2011
[s 46]
Clause 46 Insertion of new pt 13, div 3 1
After section 319-- 2
insert-- 3
`Division 3 Savings and transitionals for the 4
Health and Hospitals Network and 5
Other Legislation Amendment Act 6
2012 7
`319A Definitions for div 3 8
`In this division-- 9
amendment Act means the Health and Hospitals Network and 10
Other Legislation Amendment Act 2012. 11
commencement means 1 July 2012. 12
`319B Governing councils continue in existence as Hospital 13
and Health Boards 14
`(1) A governing council in existence immediately before the 15
commencement continues in existence as a Hospital and 16
Health Board under this Act. 17
`(2) If something is done by or in relation to a governing council 18
before the commencement, the thing is taken to be done by or 19
in relation to the board. 20
`(3) Without limiting subsection (2), an appointment of a member 21
of a governing council is taken to be an appointment to the 22
board. 23
`319C Networks continue in existence as Hospital and Health 24
Services 25
`(1) A network in existence immediately before the 26
commencement continues in existence as a Hospital and 27
Health Service under this Act. 28
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[s 46]
`(2) If something is done by or in relation to a network before the 1
commencement, the thing is taken to be done by or in relation 2
to the Service. 3
`319D Transitional regulation-making power for amendment Act 4
`(1) A regulation (a transitional regulation) may amend a 5
provision of this or another Act to take account of, or give 6
effect to, the renaming of an entity or other thing by the 7
amendment Act. 8
`(2) The following are examples of the amendments that may be 9
made by regulation-- 10
(a) `Local Health and Hospital Network' may be omitted 11
and `Hospital and Health Service' inserted; 12
(b) `Network' may be omitted and `Hospital and Health 13
Service' inserted; 14
(c) `network' may be omitted and `Service' inserted; 15
(d) `network area' may be omitted and `health service area' 16
inserted; 17
(e) `network chief executive' may be omitted and `health 18
service chief executive' inserted; 19
(f) `governing council' may be omitted and `Hospital and 20
Health Board' inserted; 21
(g) `governing council' may be omitted and `board' 22
inserted. 23
`(3) For this section, a regulation may amend a provision of this or 24
another Act-- 25
(a) that has not been amended by the amendment Act; or 26
(b) that has been amended by the amendment Act but 27
requires further amendment to give effect to the 28
renaming of an entity or other thing by the amendment 29
Act. 30
`(4) This section expires on 30 June 2013.'. 31
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
Clause 47 Replacement of sch 1, pt 2 1
Schedule 1, part 2-- 2
omit, insert-- 3
`Part 2 Amendment of other legislation 4
Ambulance Service Act 1991 5
1 Section 23(4), definition chief executive (health)-- 6
omit, insert-- 7
`chief executive (health) means the chief executive of the 8
department in which the Hospital and Health Boards Act 9
2011 is administered.'. 10
2 Sections 43(3)(b), 48(2)(a) and 53C(c), `Health Services 11
Act 1991'-- 12
omit, insert-- 13
`Hospital and Health Boards Act 2011'. 14
3 Schedule, definition health service-- 15
omit, insert-- 16
`health service see the Hospital and Health Boards Act 2011, 17
schedule 2.'. 18
Building Act 1975 19
1 Section 245G(4), definition person in charge, paragraph 20
(a)-- 21
omit, insert-- 22
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
`(a) for a public sector hospital under the Hospital and 1
Health Boards Act 2011--the person responsible for the 2
day-to-day operation and control of the hospital; or'. 3
2 Section 245H(6), definition health professional, 4
paragraph (a)-- 5
omit, insert-- 6
`(a) a person who is a health professional under the Hospital 7
and Health Boards Act 2011;'. 8
3 Schedule 2, definition chief executive (health)-- 9
omit, insert-- 10
`chief executive (health) means the chief executive of the 11
department in which the Hospital and Health Boards Act 12
2011 is administered.'. 13
Child Protection Act 1999 14
1 Section 159D, definition prescribed entity-- 15
insert-- 16
`(daa) a health service chief executive within the meaning of 17
the Hospital and Health Boards Act 2011;'. 18
2 Section 159H(1)-- 19
insert-- 20
`(baa) a health service chief executive within the meaning of 21
the Hospital and Health Boards Act 2011;'. 22
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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3 Section 159M(1)-- 1
insert-- 2
`(caa) a health service chief executive within the meaning of 3
the Hospital and Health Boards Act 2011;'. 4
4 Section 159O(4), definitions confidential information and 5
health services designated person-- 6
omit, insert-- 7
`confidential information see the Hospital and Health Boards 8
Act 2011, schedule 2. 9
designated person see the Hospital and Health Boards Act 10
2011, schedule 2. 11
health services designated person means a designated 12
person.'. 13
5 Section 159R(2), examples, `Health Services Act 1991, 14
section 62A(1)'-- 15
omit, insert-- 16
`Hospital and Health Boards Act 2011, section 142(1)'. 17
6 Section 248-- 18
insert-- 19
`(1A) Also, the prescribed entity mentioned in subsection 20
(5)(a)(viii) must include details, in the report, of the 21
operations of each Hospital and Health Service, established 22
under the Hospital and Health Boards Act 2011, during the 23
previous financial year, that are relevant to child protection.'. 24
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
Child Protection (Offender Prohibition Order) Act 2008 1
1 Section 42(5), definition government entity-- 2
omit, insert-- 3
`government entity does not include the chief executive of the 4
department in which the Hospital and Health Boards Act 5
2011 is administered or a Hospital and Health Service under 6
that Act.'. 7
Commission for Children and Young People and Child 8
Guardian Act 2000 9
1 Section 45(2), examples, `Health Services Act 1991, 10
section 62A'-- 11
omit, insert-- 12
`Hospital and Health Boards Act 2011, section 142'. 13
2 Section 144(7), definition genuine researcher, paragraph 14
(b)-- 15
omit, insert-- 16
`(b) a member of a quality assurance committee established 17
under the Hospital and Health Boards Act 2011, section 18
82; or'. 19
3 Section 147(6), from `Health Services Act 1991' to 20
`agent'-- 21
omit, insert-- 22
`Hospital and Health Boards Act 2011, section 142, it is 23
declared a designated person'. 24
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 47]
Coroners Act 2003 1
1 Section 9(1)(a)(iii)(B), from `Health Services Act 1991'-- 2
omit, insert-- 3
`Hospital and Health Boards Act 2011 is administered or by a 4
Hospital and Health Service under that Act, or at which the 5
department or a Hospital and Health Service provides 6
services; or'. 7
2 Section 25(7), definitions health executive and health 8
service employee-- 9
omit, insert-- 10
`health executive means a health executive under the Hospital 11
and Health Boards Act 2011. 12
health service employee means a health service employee 13
under the Hospital and Health Boards Act 2011.'. 14
3 Section 47(3), definition relevant Act, paragraph (a)(iii)-- 15
omit, insert-- 16
`(iii) for the death of a person mentioned in section 17
9(1)(a)(iii)--the Hospital and Health Boards Act 18
2011; or'. 19
4 Section 53(9), definition genuine researcher, paragraph 20
(b)-- 21
omit, insert-- 22
`(b) a person who is a member of a quality assurance 23
committee established under the Hospital and Health 24
Boards Act 2011, section 82; or'. 25
5 Schedule 2, definition health chief executive-- 26
omit, insert-- 27
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 47]
`health chief executive means the chief executive of the 1
department in which the Hospital and Health Boards Act 2
2011 is administered.'. 3
Criminal Code 4
1 Sections 282(4) and 316A(7), definition health 5
professional-- 6
omit, insert-- 7
`health professional see the Hospital and Health Boards Act 8
2011, schedule 2.'. 9
2 Section 340(3), definition public officer, paragraph (b)-- 10
omit, insert-- 11
`(b) a health service employee under the Hospital and 12
Health Boards Act 2011; and'. 13
Criminal Law Amendment Act 1945 14
1 Section 18(8A), from `chief executive'-- 15
omit, insert-- 16
`director of mental health.'. 17
2 Section 18(9), `Health Services Act 1991'-- 18
omit, insert-- 19
`Hospital and Health Boards Act 2011'. 20
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Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
3 Section 18(14)-- 1
insert-- 2
`director of mental health means the person appointed as 3
Director of Mental Health under the Mental Health Act 2000, 4
section 488.'. 5
Disability Services Act 2006 6
1 Section 123ZZG, definition chief executive (health)-- 7
omit. 8
2 Section 123ZZG-- 9
insert-- 10
`chief executive (health) means the chief executive of the 11
department in which the Hospital and Health Boards Act 12
2011 is administered. 13
health service chief executive means a health service chief 14
executive under the Hospital and Health Boards Act 2011.'. 15
3 Section 123ZZH, heading `health professional or chief 16
executive (health)'-- 17
omit, insert-- 18
`health professional, chief executive (health) or health 19
service chief executive'. 20
4 Section 123ZZH(1), `health professional, or the chief 21
executive (health)' 22
omit, insert-- 23
`health professional, the chief executive (health), or a health 24
service chief executive'. 25
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
5 Section 168(2)(g), `Health Services Act 1991'-- 1
omit, insert-- 2
`Hospital and Health Boards Act 2011'. 3
6 Schedule 7-- 4
insert-- 5
`health service chief executive, for part 10A, division 8, 6
subdivision 3, see section 123ZZG. 7
Disaster Management Act 2003 8
1 Section 24(1)(e), after `a department'-- 9
insert-- 10
`, or a Hospital and Health Service,'. 11
2 Section 24(2), `subsection (1)(c)(ii)'-- 12
omit, insert-- 13
`subsection (1)(d)(ii)'. 14
3 Section 24(3)-- 15
omit, insert-- 16
`(3) The members mentioned in subsection (1)(e) are to be 17
appointed by the chief executive of the department, or the 18
health service chief executive of the Hospital and Health 19
Service, the member represents.'. 20
4 Section 24(5), `subsection (1)(e)'-- 21
omit, insert-- 22
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
`subsection (1)(f)'. 1
5 Section 24(6), `subsection (1)(c)'-- 2
omit, insert-- 3
`subsection (1)(d)'. 4
6 Section 24(7)-- 5
omit, insert-- 6
`(7) As soon as practicable after a chief executive or health service 7
chief executive appoints a person under subsection (3), the 8
chief executive or health service chief executive must inform 9
the chief executive of the department, and the chairperson of 10
the district group, of the appointment.'. 11
7 Section 28B(1)(d), after `a department'-- 12
insert-- 13
`, or a Hospital and Health Service,'. 14
8 Schedule-- 15
insert-- 16
`health service chief executive see the Hospital and Health 17
Boards Act 2011, schedule 2. 18
Hospital and Health Service means a Hospital and Health 19
Service established under the Hospital and Health Boards Act 20
2011, section 17.'. 21
9 Schedule, definition government doctor, paragraph (b)-- 22
omit, insert-- 23
`(b) employed in the following-- 24
(i) the department which administers the Public 25
Health Act 2005; 26
Page 64
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
(ii) a Hospital and Health Service.'. 1
10 Schedule, definition government nurse, paragraph (b)-- 2
omit, insert-- 3
`(b) employed in the following-- 4
(i) the department which administers the Public 5
Health Act 2005; 6
(ii) a Hospital and Health Service.'. 7
Drug Court Act 2000 8
1 Section 36A(3), definition interested entity, paragraph 9
(d)-- 10
omit, insert-- 11
`(d) the department in which the Hospital and Health Boards 12
Act 2011 is administered.'. 13
2 Section 39A(2), definition drug court team, paragraph 14
(d)-- 15
omit, insert-- 16
`(d) a health service employee under the Hospital and 17
Health Boards Act 2011;'. 18
3 Schedule, definitions chief executive (health) and health 19
professional-- 20
omit, insert-- 21
`chief executive (health) means the chief executive of the 22
department in which the Hospital and Health Boards Act 23
2011 is administered. 24
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
health professional see the Hospital and Health Boards Act 1
2011, schedule 2.'. 2
Evidence Act 1977 3
1 Section 95A(9), definition chief executive-- 4
omit, insert-- 5
`chief executive means the chief executive of the department 6
within which the Hospital and Health Boards Act 2011 is 7
administered.'. 8
2 Section 133A(1)-- 9
omit, insert-- 10
`(1) The chief executive of the department within which the 11
Hospital and Health Boards Act 2011 is administered, if 12
satisfied the officer has the necessary qualifications and 13
experience to be a DNA analyst, may appoint as a DNA 14
analyst-- 15
(a) a public service officer employed in the department; or 16
(b) a health service employee employed in the department 17
under the Hospital and Health Boards Act 2011.'. 18
3 Section 134A(6)-- 19
omit, insert-- 20
`(6) If a document mentioned in subsection (1) is a document that 21
contains information to which the Hospital and Health 22
Boards Act 2011, section 142(1) applies, the document is, for 23
the purposes of section 143 of that Act, information that is 24
required or permitted to be given under this Act.'. 25
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
Food Act 2006 1
1 Schedule 3, definition health service employee-- 2
omit, insert-- 3
`health service employee see the Hospital and Health Boards 4
Act 2011, schedule 2.'. 5
Food Production (Safety) Act 2000 6
1 Schedule 2, definition health chief executive-- 7
omit, insert-- 8
`health chief executive means the chief executive of the 9
department responsible for the administration of the Hospital 10
and Health Boards Act 2011.'. 11
Guardianship and Administration Act 2000 12
1 Schedule 4, definition ethics committee, paragraph 13
(b)(i)-- 14
omit, insert-- 15
`(i) an ethics committee established by a public sector 16
hospital within the meaning of the Hospital and 17
Health Boards Act 2011; or'. 18
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
Health Act 1937 1
1 Section 5, definition hospital-- 2
omit, insert-- 3
`hospital see the Hospital and Health Boards Act 2011, 4
schedule 2.'. 5
2 Sections 18A(3) and 136, definition health service 6
employee-- 7
omit, insert-- 8
`health service employee see the Hospital and Health Boards 9
Act 2011, schedule 2.'. 10
3 Section 132(za), `Health Services Act 1991'-- 11
omit, insert-- 12
`Hospital and Health Boards Act 2011'. 13
Health Quality and Complaints Commission Act 2006 14
1 Sections 16(d) and 170-- 15
omit. 16
2 Schedule 5, definitions chief health officer, health 17
community council and public sector hospital-- 18
omit. 19
3 Schedule 5-- 20
insert-- 21
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 47]
`chief health officer see the Hospital and Health Boards Act 1
2011, schedule 2. 2
public sector hospital see the Hospital and Health Boards Act 3
2011, schedule 2.'. 4
Hospitals Foundations Act 1982 5
1 Section 4, definitions associated health community 6
council, health community council, health service district 7
and hospital-- 8
omit. 9
2 Section 4-- 10
insert-- 11
`associated Hospital and Health Service, for an associated 12
hospital, means a Hospital and Health Service for the health 13
service area in which the hospital is situated. 14
health service area see the Hospital and Health Boards Act 15
2011, schedule 2. 16
hospital means a public sector hospital. 17
Hospital and Health Service means a Hospital and Health 18
Service established under the Hospital and Health Boards Act 19
2011, section 17. 20
public sector hospital see the Hospital and Health Boards Act 21
2011, schedule 2.'. 22
3 Section 15(1)(a), `Health Services Act 1991 and the'-- 23
omit. 24
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
4 Section 18(3)(a)(i) and (ii)-- 1
omit, insert-- 2
`(i) if there is only one Hospital and Health Service for 3
the hospitals that are, or are to be, the associated 4
hospitals for the body corporate--the chairperson 5
of the Hospital and Health Board for the Hospital 6
and Health Service or the chairperson's nominee; 7
(ii) if there is more than one Hospital and Health 8
Service for the hospitals that are, or are to be, the 9
associated hospitals for the body corporate--the 10
chairperson of the Hospital and Health Board for 11
the Hospital and Health Service prescribed under a 12
regulation or the chairperson's nominee;'. 13
5 Section 37(1), from `chief'-- 14
omit, insert-- 15
`health service chief executive of the associated Hospital and 16
Health Service.'. 17
6 Section 38(1)-- 18
omit, insert-- 19
`(1) A body corporate may make use of employees in the 20
associated Hospital and Health Service on the terms and 21
conditions agreed upon by the body corporate and the health 22
service chief executive of the Hospital and Health Service.'. 23
7 Section 38(2), from `may'-- 24
omit, insert-- 25
`may, with the agreement of the health service chief executive 26
of an associated Hospital and Health Service-- 27
(a) occupy land under the control of the Hospital and Health 28
Service; and 29
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
(b) use premises, office furniture and equipment occupied, 1
owned or used by the Hospital and Health Service.'. 2
8 Section 74-- 3
omit, insert-- 4
`Part 9 Transitional provisions for 5
Hospital and Health Boards Act 6
2011 7
`74 Definition for pt 9 8
`In this part-- 9
commencement means the commencement of this part. 10
`75 Members of body corporate continue to hold office after 11
commencement 12
`(1) This section applies to a person who is a member of a body 13
corporate under section 18(3)(a) immediately before the 14
commencement. 15
`(2) The person continues to hold office after the commencement 16
until-- 17
(a) the end of the person's term of office; or 18
(b) the person earlier vacates office.'. 19
Information Privacy Act 2009 20
1 Section 27(1), section 30, editor's note and section 31, 21
`the health department'-- 22
omit, insert-- 23
`health agencies'. 24
Page 71
Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 47]
2 Section 31, heading, `Health department'-- 1
omit, insert-- 2
`Health agencies'. 3
3 Section 31(1), `The health department'-- 4
omit, insert-- 5
`Health agencies'. 6
4 Section 31(3), `the health department's'-- 7
omit, insert-- 8
`a health agency's'. 9
5 Section 32(1), `The health department is'-- 10
omit, insert-- 11
`Health agencies are'. 12
6 Section 33, `the health department'-- 13
omit, insert-- 14
`a health agency'. 15
7 Schedule 4, section 1, subsections (1) and (2), section 2, 16
subsection (1) and notes, section 3, section 4, subsection 17
(1), section 5, subsection (1), section 6, subsection (2), 18
section 7, subsection (4) and section 9, subsection (1), 19
`The department'-- 20
omit, insert-- 21
`A health agency'. 22
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 47]
8 Schedule 4, section 1, subsection (3), from `the 1
department collects' to `the department must'-- 2
omit, insert-- 3
`a health agency collects personal information about an 4
individual from the individual, the health agency must'. 5
9 Schedule 4, section 1, subsections (3)(a) and (3)(d), 6
section 2, subsections (1)(a)(ii), (1)(c)(i), (1)(c)(iii), (1)(d), 7
(1)(e), (1)(g), (3)(b), (5)(a), (5)(b), (5)(d) and (5)(e), section 8
4, subsection (2), section 6, subsection (2)(a), section 9, 9
subsection (2)(a) and (3)(c), `the department'-- 10
omit, insert-- 11
`the health agency'. 12
10 Schedule 4, section 1, subsections (4), (5), (6) and (7)(a), 13
section 2, subsection (1), notes, subsections (2) and (3), 14
section 5, subsection (2), section 6, subsection (1), 15
section 7, subsections (1), (2) and (3)(a), section 8, 16
section 9, subsections (1)(e) and (2), `the department'-- 17
omit, insert-- 18
`a health agency'. 19
11 Schedule 4, section 1, subsection (7)(b), `the department 20
under' to `the department.'-- 21
omit, insert-- 22
`a health agency under an Act requiring a person to give 23
information to the health agency.'. 24
12 Schedule 4, section 2, subsection (5), `the department 25
may use an individual's'-- 26
omit, insert-- 27
`a health agency may use an individual's'. 28
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 47]
13 Schedule 4, section 9(3), `the department may collect 1
health information about'-- 2
omit, insert-- 3
`a health agency may collect health information about'. 4
14 Schedule 4, section 2, subsection (1)(c)(ii) `department'-- 5
omit, insert-- 6
`health department'. 7
15 Schedule 4, section 2, subsection (5) `the department's'-- 8
omit, insert-- 9
`the health agency's'. 10
16 Schedule 4, section 7, subsection (3)(a), `the 11
department's'-- 12
omit, insert-- 13
`the health agency's'. 14
17 Schedule 4, section 2(1), notes, `Health Services Act 15
1991, section 62A'-- 16
omit, insert-- 17
`Hospital and Health Boards Act 2011, section 142'. 18
18 Schedule 4, section 9, subsection (3)(d)(ii), `chief 19
executive of the department'-- 20
omit, insert-- 21
`relevant chief executive'. 22
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 47]
19 Schedule 4, section 9, subsection (3)(d)(iii), 1
`department'-- 2
omit, insert-- 3
`health department'. 4
20 Schedule 4, section 9, subsection (3)(d)(ii), note, `The 5
chief executive'-- 6
omit, insert-- 7
`A relevant chief executive'. 8
21 Schedule 4, section 9, subsection (4), from `the 9
department collects' to `the department must'-- 10
omit, insert-- 11
`a health agency collects health information about an 12
individual in accordance with subsection (3), the health 13
agency must'. 14
22 Schedule 5, definitions department, designated person, 15
health department and health professional-- 16
omit. 17
23 Schedule 5-- 18
insert-- 19
`designated person, for the NPPs, see the Hospital and Health 20
Boards Act 2011, schedule 2. 21
health agency means the health department or a Hospital and 22
Health Service. 23
health department means the department in which the 24
Hospital and Health Boards Act 2011 is administered. 25
health professional, for the NPPs, see the Hospital and 26
Health Boards Act 2011, schedule 2. 27
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 47]
health service chief executive see the Hospital and Health 1
Boards Act 2011, schedule 2. 2
Hospital and Health Service means a Hospital and Health 3
Service established under the Hospital and Health Boards Act 4
2011, section 17. 5
relevant chief executive means-- 6
(a) for information held by a Hospital and Health 7
Service--the health service chief executive or the chief 8
executive of the health department; or 9
(b) for information held by the health department--the 10
chief executive of the health department.'. 11
Mater Public Health Services Act 2008 12
1 Section 7, definitions confidential information, 13
designated person and health professional-- 14
omit, insert-- 15
`confidential information see the Hospital and Health Boards 16
Act 2011, schedule 2. 17
designated person see the Hospital and Health Boards Act 18
2011, schedule 2. 19
health professional see the Hospital and Health Boards Act 20
2011, schedule 2.'. 21
2 Schedule, definitions health service and public sector 22
health service-- 23
omit, insert-- 24
`health service see the Hospital and Health Boards Act 2011, 25
schedule 2. 26
public sector health service see the Hospital and Health 27
Boards Act 2011, schedule 2.'. 28
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 47]
Mental Health Act 2000 1
1 Sections 318L and 318ZB, `Health Services Act 1991, 2
section 62B'-- 3
omit, insert-- 4
`Hospital and Health Boards Act 2011, section 143.'. 5
2 Section 492(1), `Health Services Act 1991, part 3'-- 6
omit, insert-- 7
`Hospital and Health Boards 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
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 47]
`(2) The notice must state the day (the stated day) on which the 1
document, record or information is to be produced or 2
provided. 3
`(3) The stated day must be a reasonable time after the notice is 4
given. 5
`(4) The administrator must comply with the notice unless the 6
administrator has a reasonable excuse. 7
Maximum penalty--40 penalty units. 8
`(5) It is a reasonable excuse if complying with the notice might 9
tend to incriminate the administrator. 10
`(6) If a document or medical record is produced to the director, 11
the director-- 12
(a) may inspect it and make copies of, or take extracts from, 13
the document if it is relevant to the administration of this 14
Act; and 15
(b) for an original document--must return it to the 16
administrator within a reasonable time after it is 17
produced.'. 18
4 Section 530(1)(a), `Health Services Act 1991, part 7'-- 19
omit, insert-- 20
`Hospital and Health Boards Act 2011, part 7'. 21
5 After chapter 16, part 4-- 22
insert-- 23
`Part 4A Transitional provisions for 24
Hospital and Health Boards Act 25
2011 26
`601A Definition for part 4A 27
`In this part-- 28
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 47]
commencement means the commencement of this part. 1
`601B Act not to affect declaration of authorised mental health 2
service 3
`(1) This section applies to the declaration of an authorised mental 4
health service before the commencement. 5
`(2) Nothing in the Hospital and Health Boards Act 2011 affects 6
the declaration.'. 7
6 Schedule, definitions public sector health service and 8
public sector hospital-- 9
omit, insert-- 10
`public sector health service see the Hospital and Health 11
Boards Act 2011, schedule 2. 12
public sector hospital see the Hospital and Health Boards Act 13
2011, schedule 2.'. 14
Penalties and Sentences Act 1992 15
1 Section 176(1)(a), `Health Services Act 1991'-- 16
omit, insert-- 17
`Hospital and Health Boards Act 2011'. 18
2 Section 176(4), from `Health Services Act 1991' to `part 19
7'-- 20
omit, insert-- 21
`Hospital and Health Boards Act 2011, section 142(1), does 22
not apply to a designated person under part 7'. 23
Page 79
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
Personal Injuries Proceedings Act 2002 1
1 Section 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 Hospital and Health 5
Service--the health service chief executive of the 6
Hospital and Health Service; or'. 7
2 Section 9A(14), definition district manager-- 8
omit. 9
3 Section 9A(14)-- 10
insert-- 11
`Hospital and Health Service means a Hospital and Health 12
Service established under the Hospital and Health Boards Act 13
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 Hospital and Health Boards 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 Hospital and 23
Health Boards Act 2011, schedule 2.'. 24
Page 80
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
Pest Management Act 2001 1
1 Schedule 3, definition health service employee-- 2
omit, insert-- 3
`health service employee see the Hospital and Health Boards 4
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 Hospital and Health Boards 9
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
`Hospital and Health Boards 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
Page 81
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
`health agency'. 1
2 Section 546, `officer of the health department'-- 2
omit, insert-- 3
`officer of the health agency'. 4
3 Schedule 6, definitions health department and prescribed 5
nurse-- 6
omit. 7
4 Schedule 6-- 8
insert-- 9
`health agency means the health department or a Hospital and 10
Health Service. 11
health department means the department within which the 12
Hospital and Health Boards Act 2011 is administered. 13
Hospital and Health Service means a Hospital and Health 14
Service established under the Hospital and Health Boards Act 15
2011, section 17. 16
prescribed nurse means a nurse who is employed in the health 17
department or in a Hospital and Health Service.'. 18
Private Health Facilities Act 1999 19
1 Schedule 3, definition chief health officer-- 20
omit, insert-- 21
`chief health officer see the Hospital and Health Boards Act 22
2011, schedule 2.'. 23
Page 82
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
Public Health Act 2005 1
1 After chapter 12, part 2-- 2
insert-- 3
`Part 3 Transitional provisions for 4
Hospital and Health Boards Act 5
2011 6
`493 Definitions for pt 3 7
`In this part-- 8
commencement means the commencement of this part. 9
Hospital and Health Service see the Hospital and Health 10
Boards Act 2011, 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 Hospital and Health Service instead of the 21
department. 22
`(2) The grant is taken to also apply to the health information held 23
by the Hospital and Health Service instead of the 24
department.'. 25
Page 83
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
2 Sections 7(f), 103, 173, 279A, 280A, chapter 6, part 4, 1
division 2, heading, 281(4), 282(1), 283(1), 284, 288, 290, 2
291(1) and 292, heading, `the department'-- 3
omit, insert-- 4
`a health agency'. 5
3 Sections 55(3), 75(7), editor's note, 77(2), 103(3), 105(2), 6
145(3), 173(5), 175(2), 208(5), editor's note, 218(5), editor's 7
note, 220(2), 236(5), editor's note, 238(2), 265(5), editor's 8
note, 266(3), 281(3) and 291(3), `Health Services Act 1991, 9
section 62A'-- 10
omit, insert-- 11
`Hospital and Health Boards Act 2011, section 142'. 12
4 Sections 55(3), note, `Health Services Act 1991, section 13
62A (Confidentiality)'-- 14
omit, insert-- 15
`Hospital and Health Boards Act 2011, section 142 16
(Confidential information must not be disclosed)'. 17
5 Section 158, definition health service facility, paragraph 18
(a)-- 19
omit, insert-- 20
`(a) a public sector health service facility within the meaning 21
of the Hospital and Health Boards Act 2011; or'. 22
6 Sections 227, 245 and 270, `approved quality assurance 23
committee'-- 24
omit, insert-- 25
`quality assurance committee'. 26
Page 84
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
7 Schedule 2, definitions approved quality assurance 1
committee, chief health officer, commencement, health 2
information held by the department, health service 3
employee, public sector health service and public sector 4
hospital-- 5
omit. 6
8 Schedule 2-- 7
insert-- 8
`chief health officer see the Hospital and Health Boards Act 9
2011, schedule 2. 10
commencement means-- 11
(a) for chapter 4, see section 147; or 12
(b) for chapter 12, part 3, see section 493. 13
health agency means the department or a Hospital and Health 14
Service. 15
health information held by a health agency means-- 16
(a) information held by the agency about a person's health 17
or the provision of a health service to a person; or 18
(b) information about a person's health or the provision of a 19
health service to the person obtained by the agency 20
under this Act or another Act; or 21
(c) for chapter 6, part 4, information about a person's health 22
or the provision of a health service to a person held or 23
obtained by a contractor for the contractor to keep the 24
Queensland Cancer Register. 25
health service employee see Hospital and Health Boards Act 26
2011, schedule 2. 27
Hospital and Health Service for chapter 12, part 3, see 28
section 493. 29
public sector health service see the Hospital and Health 30
Boards Act 2011, schedule 2. 31
Page 85
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
public sector hospital see the Hospital and Health Boards Act 1
2011, schedule 2. 2
quality assurance committee see the Hospital and Health 3
Boards Act 2011, schedule 2.'. 4
Public Health (Infection Control for Personal 5
Appearance Services) Act 2003 6
1 Sections 9(6)(b) and 146(1)(b), `Health Services Act 7
1991'-- 8
omit, insert-- 9
`Hospital and Health Boards Act 2011'. 10
Public Records Act 2002 11
1 Part 6, after section 62A-- 12
insert-- 13
`Division 3 Transitional provisions for Hospital 14
and Health Boards Act 2011 15
`62B Definitions 16
`In this division-- 17
commencement means the commencement of this division. 18
department means the department in which the Hospital and 19
Health Boards Act 2011 is administered. 20
Hospital and Health Service see the Hospital and Health 21
Boards Act 2011, schedule 2. 22
Page 86
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
`62C Responsible public authority for public record 1
`(1) Subsection (2) applies to a public record given by the 2
department to the archives before the commencement. 3
`(2) Despite section 15, the department remains the responsible 4
public authority for the record even if the record relates to a 5
function or power transferred to a Hospital and Health 6
Service.'. 7
Public Safety Preservation Act 1986 8
1 Schedule, definition government doctor, paragraph (b)-- 9
omit, insert-- 10
`(b) who is employed in-- 11
(i) the department which administers the Public 12
Health Act 2005; or 13
(ii) a Hospital and Health Service.'. 14
2 Schedule, definition government nurse, paragraph (b)-- 15
omit, insert-- 16
`(b) who is employed in-- 17
(i) the department which administers the Public 18
Health Act 2005; or 19
(ii) a Hospital and Health Service.'. 20
3 Schedule, definition medical controller-- 21
omit. 22
4 Schedule-- 23
insert-- 24
Page 87
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
`Hospital and Health Service means a Hospital and Health 1
Service established under the Hospital and Health Boards Act 2
2011, section 17. 3
medical controller means a government health officer whose 4
duties include performing functions as a controller of health 5
officers responding to a CBR emergency, employed in-- 6
(a) the department which administers the Public Health Act 7
2005; or 8
(b) a Hospital and Health Service.'. 9
Public Trustee Act 1978 10
1 Section 105(4), definition governing body, paragraph 11
(a)-- 12
omit, insert-- 13
`(a) for a public sector hospital within the meaning of the Hospital 14
and Health Boards Act 2011--the health service chief 15
executive of the Hospital and Health Service, under the 16
Hospital and Health Boards Act 2011, in which the hospital is 17
located; or'. 18
Radiation Safety Act 1999 19
1 Section 209(7), `Health Services Act 1991, section 20
62A(1)'-- 21
omit, insert-- 22
`Hospital and Health Boards Act 2011, section 142(1)'. 23
Page 88
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
2 Section 209(7), editor's note, `Health Services Act 1991, 1
section 62A (Confidentiality)'-- 2
omit, insert-- 3
`Hospital and Health Boards Act 2011, section 142 4
(Confidential information must not be disclosed)'. 5
3 Schedule 2, definitions chief health officer and health 6
service employee-- 7
omit, insert-- 8
`chief health officer see the Hospital and Health Boards Act 9
2011, schedule 2. 10
health service employee see the Hospital and Health Boards 11
Act 2011, schedule 2.'. 12
Right to Information Act 2009 13
1 Schedule 1, section 9(b), `Health Services Act 1991, part 14
4B'-- 15
omit, insert-- 16
`Hospital and Health Boards Act 2011, part 6'. 17
2 Schedule 1, section 9(b), notes, `Health Services Act 18
1991, part 4B, see sections 38G and 38H'-- 19
omit, insert-- 20
`Hospital and Health Boards Act 2011, part 6, see sections 94 21
and 95'. 22
3 Schedule 2, part 1, item 6-- 23
omit, insert-- 24
Page 89
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
`a quality assurance committee established under the Hospital 1
and Health Boards Act 2011, section 82'. 2
Tobacco and Other Smoking Products Act 1998 3
1 Schedule, definition health service employee-- 4
omit, insert-- 5
`health service employee see the Hospital and Health Boards 6
Act 2011, schedule 2.'. 7
Transplantation and Anatomy Act 1979 8
1 Section 4(1), definition chief health officer-- 9
omit, insert-- 10
`chief health officer see the Hospital and Health Boards Act 11
2011, schedule 2.'. 12
2 Section 4(1), definition hospital, paragraph (a)-- 13
omit, insert-- 14
`(a) any public sector hospital under the Hospital and Health 15
Boards Act 2011; or'. 16
3 Section 23A(4), `Health Services Act 1991, section 17
62A(1)'-- 18
omit, insert-- 19
`Hospital and Health Boards Act 2011, section 142(1)'. 20
Page 90
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 47]
4 Section 23A(5), definitions designated person and health 1
professional-- 2
omit, insert-- 3
`designated person see the Hospital and Health Boards Act 4
2011, schedule 2. 5
health professional see the Hospital and Health Boards Act 6
2011, schedule 2.'. 7
Victims of Crime Assistance Act 2009 8
1 Section 74(4), definition designated person-- 9
omit, insert-- 10
`designated person see the Hospital and Health Boards Act 11
2011, schedule 2.'. 12
Water Fluoridation Act 2008 13
1 Schedule, definitions chief dental officer, chief health 14
officer and health service employee-- 15
omit. 16
2 Schedule-- 17
insert-- 18
`chief dental officer means the health executive appointed as 19
the chief dental officer. 20
chief health officer see the Hospital and Health Boards Act 21
2011, schedule 2. 22
Page 91
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 48]
health executive see the Hospital and Health Boards Act 1
2011, schedule 2. 2
health service employee see the Hospital and Health Boards 3
Act 2011, schedule 2.'. 4
Workers' Compensation and Rehabilitation Act 2003 5
1 Section 152(3), definition contract worker, paragraph 6
(e)-- 7
omit, insert-- 8
`(e) as a health service employee under the Hospital and 9
Health Boards Act 2011.'. 10
2 Section 215, definition contracted hospital, paragraph 11
(a)-- 12
omit, insert-- 13
`(a) a public sector hospital under the Hospital and Health 14
Boards Act 2011; or'. 15
3 Section 218(2), `Health Services Act 1991'-- 16
omit, insert-- 17
`Hospital and Health Boards Act 2011'.'. 18
Clause 48 Amendment of sch 3 (Dictionary) 19
(1) Schedule 3, dictionary, definitions governing council, 20
network, network area, network chief executive, network 21
employee, network health executive-- 22
omit. 23
(2) Schedule 3, dictionary-- 24
Page 92
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 48]
insert-- 1
`administrator-- 2
(a) for sections 276 and 277, means the administrator 3
appointed under section 276; or 4
(b) otherwise, means the administrator appointed under 5
section 53K. 6
ancillary board means a Hospital and Health Ancillary 7
Board. 8
board means a Hospital and Health Board. 9
building includes the building services' plant and equipment 10
for the building. 11
Examples-- 12
air conditioning, electrical light and power, water and waste services, 13
data and communication, and lifts 14
COAG, for part 3A, division 4, has the meaning given in 15
section 53I. 16
executive committee means an executive committee 17
established under section 32A. 18
health service area means a health service area declared 19
under section 17. 20
health service chief executive means a health service chief 21
executive appointed for a Service under section 33. 22
Hospital and Health Board, for a Service, means the board 23
appointed for the Service under section 23. 24
Hospital and Health Service-- 25
(a) for part 3A, division 4, has the meaning given in section 26
53I; and 27
(b) otherwise, means a Hospital and Health Service 28
established under section 17. 29
misconduct, for a member of a board, means-- 30
(a) inappropriate or improper conduct in performing the 31
member's duties; or 32
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 2 Amendment of Health and Hospitals Network Act 2011
[s 48]
(b) inappropriate or improper conduct in a private capacity 1
that reflects seriously or adversely on the board. 2
National Health Funding Pool has the meaning given in 3
section 53I. 4
National Health Reform Agreement has the meaning given in 5
section 53I. 6
prescribed Service means a Service prescribed under section 7
20(4). 8
prescribed day, for a Service, means the day the Service is 9
prescribed under section 20(4). 10
responsible Minister, for part 3A, division 4, has the meaning 11
given in section 53I. 12
Service means a Hospital and Health Service. 13
Standing Council on Health, for part 3A, division 4, has the 14
meaning given in section 53I. 15
State, for part 3A, division 4, has the meaning given in section 16
53I. 17
State managed fund has the meaning given in section 53I. 18
State pool account has the meaning given in section 53I. 19
working for a Service, for a person employed in the 20
department, means-- 21
(a) working in and for a Service under an agreement 22
between the chief executive and the Service for the chief 23
executive to provide departmental employees to perform 24
work for the Service; and 25
(b) reporting directly or indirectly to the health service chief 26
executive. 27
Example of a person who does not work for a Service-- 28
a person employed in the department who provides pathology 29
services to a hospital and health service and does not report 30
directly or indirectly to a health service chief executive'. 31
Page 94
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 3 Amendment of Industrial Relations Act 1999
[s 49]
Part 3 Amendment of Industrial 1
Relations Act 1999 2
Clause 49 Act amended 3
This part amends the Industrial Relations Act 1999. 4
Clause 50 Insertion of new ch 16A 5
After chapter 16-- 6
insert-- 7
`Chapter 16A Application of this Act to 8
prescribed Hospital and 9
Health Services and their 10
employees 11
`693 How this Act applies to prescribed Services and their 12
employees 13
`(1) The Hospital and Health Boards Act 2011 provides for the 14
establishment of Hospital and Health Services. 15
`(2) The Hospital and Health Boards Act 2011 further provides for 16
a Hospital and Health Service to become a prescribed Service. 17
`(3) schedule 4A states the way this Act is modified for the 18
prescribed Services and their employees.'. 19
Clause 51 Insertion of new sch 4A 20
Before schedule 5-- 21
insert-- 22
Page 95
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 3 Amendment of Industrial Relations Act 1999
[s 51]
`Schedule 4A Application of this Act to 1
prescribed Hospital and Health 2
Services and their employees 3
section 693 4
`Part 1 General 5
`1 Definitions for sch 4A 6
`In this schedule-- 7
chief executive means the chief executive administering the 8
Hospital and Health Boards Act 2011. 9
health service employee see the Hospital and Health Boards 10
Act 2011, schedule 2. 11
health system employer means-- 12
(a) the department in which the Hospital and Health Boards 13
Act 2011 is administered; or 14
(b) a prescribed Service. 15
prescribed Service see the Hospital and Health Boards Act 16
2011, schedule 2. 17
Service see the Hospital and Health Boards Act 2011, 18
schedule 2. 19
`Part 2 Modification of chapter 3 -- 20
Dismissals 21
`2 How s 77 (Matters to be considered in deciding an 22
application) applies 23
`(1) This section applies if the dismissal of a health service 24
employee by a health system employer related to the 25
Page 96
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 3 Amendment of Industrial Relations Act 1999
[s 51]
employee's conduct, capacity or performance at another 1
health system employer. 2
`(2) For section 77, the commission may decide that a dismissal 3
was not harsh, unjust or unreasonable even though the 4
dismissal related to the employee's conduct, capacity or 5
performance at another health system employer. 6
`Part 3 Modification of chapter 5 -- 7
Awards 8
`3 Chief executive to be employer for award but award 9
binds prescribed Services and employees 10
`(1) This section applies to awards applying to health service 11
employees employed by a prescribed Service. 12
`(2) The chief executive is to be a party to the award instead of the 13
prescribed Service as if the chief executive were the employer 14
of the health service employees. 15
`(3) Despite the chief executive being a party to the award, the 16
award is binding on prescribed Services and their employees. 17
`4 Proceedings in relation to awards 18
`(1) This section applies to a proceeding under chapter 5 in 19
relation to an award for health service employees employed 20
by a prescribed Service. 21
`(2) The chief executive is to be a party to the proceeding instead 22
of the prescribed Service as if the chief executive were the 23
employer of the health service employees. 24
`5 How s 125 (Making, amending and repealing awards) 25
applies 26
`For section 125, for health service employees employed by a 27
prescribed Service, the chief executive is taken to be the 28
Page 97
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 3 Amendment of Industrial Relations Act 1999
[s 51]
employer instead of the prescribed Service and may make an 1
application under that section. 2
`6 How s 129 (Flow-on of certified agreements) applies 3
`Despite section 129(3), if the chief executive is a party to a 4
certified agreement for health service employees, the 5
provisions that are included in an award must also apply to the 6
prescribed Services. 7
`Part 4 Modification of chapter 6 -- 8
Certified agreements 9
`7 Chief executive to be party to certified agreement 10
`(1) This section applies to a certified agreement applying to 11
health service employees employed by a prescribed Service. 12
`(2) The chief executive is to be a party to the certified agreement 13
instead of the prescribed Service as if the chief executive were 14
the employer of the health service employees. 15
`8 Proceedings in relation to agreements 16
`(1) This section applies to a proceeding under chapter 6 in 17
relation to an agreement for health service employees 18
employed by a prescribed Service. 19
`(2) The chief executive is to be a party to the proceeding instead 20
of the prescribed Service as if the chief executive were the 21
employer of the health service employees. 22
`9 How s 142 (Who may make certified agreements) 23
applies 24
`For section 142, for health service employees employed by a 25
prescribed Service, the chief executive is taken to be the 26
employer instead of the prescribed Service and may make a 27
certified agreement under that section. 28
Page 98
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 3 Amendment of Industrial Relations Act 1999
[s 51]
`10 How s 143 (Proposed parties to be advised when 1
agreement is proposed) applies 2
`For section 143, for health service employees employed by a 3
prescribed Service, the chief executive is taken to be the 4
employer instead of the prescribed Service and can propose to 5
make a certified agreement as an employer under that section. 6
`11 How s 144 (What is to be done when an agreement is 7
proposed) applies 8
`For section 144(2)(c) and (3), for health service employees 9
employed by a prescribed Service, the chief executive is taken 10
to be the employer instead of the prescribed Service for 11
negotiating with an employee organisation. 12
`12 How s 147 (Peace obligation period to assist 13
negotiations) applies 14
`(1) This section applies to a proposed agreement between the 15
chief executive and the health service employees employed by 16
a prescribed Service or an employee organisation representing 17
the employees. 18
`(2) For section 147, the prescribed Service has the same 19
obligations as the proposed parties during the peace obligation 20
period. 21
`13 How s 148 (Assistance in negotiating by conciliation) 22
applies 23
`(1) For section 148(1)(b), a prescribed Service is also taken to be 24
a negotiating party. 25
`(2) For section 148(5), a prescribed Service is also taken to be a 26
party. 27
`14 How s 150 (Determinations made under s 149) applies 28
`For section 150(4) and (5), for health service employees 29
employed by a prescribed Service, the chief executive is taken 30
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 3 Amendment of Industrial Relations Act 1999
[s 51]
to be the employer instead of the prescribed Service in 1
relation to the revocation of a determination. 2
`15 How s 152 (Certificate as to requested representation) 3
applies 4
`For section 152(2), for health service employees employed 5
by a prescribed Service, the chief executive is taken to be the 6
employer instead of the prescribed Service for an application 7
to the registrar about not negotiating about a proposed 8
agreement. 9
`16 How s 166 (Persons bound) applies 10
`(1) This section applies to a certified agreement between the chief 11
executive and the health service employees of the prescribed 12
Services or an employee organisation representing the 13
employees. 14
`(2) For section 166, the certified agreement binds the prescribed 15
Services. 16
`17 How s 167 (Successor employers bound) applies 17
`Section 167(2)(b) and (c) apply subject to the modifications 18
contained in this schedule. 19
`18 How s 168 (Extending a certified agreement) applies 20
`(1) This section applies to a certified agreement between the chief 21
executive and the health service employees of the prescribed 22
Services or an employee organisation representing the 23
employees. 24
`(2) For section 168, the chief executive is taken to be the 25
employer instead of the prescribed Services and may apply to 26
the commission to extend the certified agreement's nominal 27
expiry date. 28
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 51]
`19 How s 169 (Amending a certified agreement) applies 1
`(1) This section applies to a certified agreement between the chief 2
executive and the health service employees of the prescribed 3
Services or an employee organisation representing the 4
employees. 5
`(2) For section 169(2), the chief executive is taken to be the 6
employer instead of the prescribed Services and may apply to 7
the commission to amend the certified agreement. 8
`(3) For section 169(6), an application to amend a certified 9
agreement may be made by the chief executive instead of a 10
prescribed Service. 11
`20 How s 170 (Amendment if discrimination between 12
unionists and non-unionists) applies 13
`(1) This section applies to a certified agreement between the chief 14
executive and the health service employees of the prescribed 15
Services or an employee organisation representing the 16
employees. 17
`(2) For section 170, the chief executive is taken to be the 18
employer instead of the prescribed Services for seeking the 19
commission's approval to amend the agreement. 20
`21 How s 172 (Terminating certified agreement on or 21
before its nominal expiry date) applies 22
`(1) This section applies to a certified agreement between the chief 23
executive and the health service employees of the prescribed 24
Services or an employee organisation representing the 25
employees. 26
`(2) For section 172, the chief executive is taken to be the 27
employer instead of the prescribed Services for terminating 28
the agreement by notice. 29
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 3 Amendment of Industrial Relations Act 1999
[s 51]
`22 How s 173 (Terminating agreement after its nominal 1
expiry date) applies 2
`(1) This section applies to a certified agreement between the chief 3
executive and the health service employees of the prescribed 4
Services or an employee organisation representing the 5
employees. 6
`(2) For section 173, the chief executive is taken to be the 7
employer instead of the prescribed Services for applying to 8
the commission to terminate the agreement. 9
`23 How s 185 (Coercion of persons to make, amend or 10
terminate certified agreements etc.) applies 11
`For section 185(3), the obligation not to coerce, or attempt to 12
coerce, an employee also applies to the chief executive for 13
health service employees of the prescribed Services. 14
`Part 5 Modification of chapter 7 -- 15
Industrial disputes 16
`24 When chief executive taken to be party to industrial 17
dispute 18
`(1) This section applies if section 229(1) applies in relation to a 19
dispute involving a prescribed Service as an employer. 20
`(2) The prescribed Service must give the chief executive notice of 21
the dispute-- 22
(a) at the same time as the registrar is first given notice of 23
the dispute under section 229(2); and 24
(b) in a way mentioned in section 229(3). 25
`(3) The chief executive is taken to be a party for proceedings for 26
the dispute instead of the prescribed Service unless the chief 27
executive gives written notice to the prescribed Service that 28
the prescribed Service is to be a party to the dispute. 29
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Health and Hospitals Network and Other Legislation Amendment Bill 2012
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[s 51]
`(4) In deciding whether to give a written notice under subsection 1
(3), the chief executive is to have regard to whether the subject 2
of the dispute may affect the terms and conditions of 3
employment of health service employees in more than one 4
health system employer. 5
`(5) If the prescribed Service is to be a party to the dispute, the 6
prescribed Service must give the commission a copy of the 7
chief executive's written notice under subsection (3) as soon 8
as practicable after receiving the notice. 9
`25 When chief executive may intervene in industrial 10
dispute 11
`(1) This section applies if-- 12
(a) the chief executive has given written notice under 13
section 24(3) of this schedule to a prescribed Service 14
that the prescribed Service is to be a party to the dispute; 15
and 16
(b) during the proceedings the chief executive considers that 17
the subject of the dispute may affect the terms and 18
conditions of employment of health service employees 19
in more than one health system employer. 20
`(2) The chief executive may intervene in the proceedings. 21
`(3) On intervention, the chief executive becomes a party to the 22
proceedings. 23
`26 How s 235 (Secret ballot on strike action) applies 24
`For section 235, for health service employees employed by a 25
prescribed Service, the chief executive-- 26
(a) is taken to be the employer instead of the prescribed 27
Service; and 28
(b) may make application under section 235(2) for the 29
commission to act under section 235(4) in relation to 30
conducting a secret ballot. 31
Page 103
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 3 Amendment of Industrial Relations Act 1999
[s 51]
`27 How s 239 (Orders the commission may make) applies 1
`For section 239, for health service employees employed by a 2
prescribed Service, the chief executive-- 3
(a) is taken to be the employer instead of the prescribed 4
Service; and 5
(b) may make application under section 239(2) for a 6
contravention of section 238(2) or (3) about payment for 7
strikes. 8
`Part 6 Modification of other 9
provisions 10
`28 Who makes application to commission as employer 11
`(1) This section applies to a provision of this Act (other than 12
chapter 5, 6 or 7) under which an application may be made to 13
the commission by an employer about a matter. 14
`(2) If the application relates to health service employees 15
employed by a prescribed Service, the chief executive is taken 16
to be the employer instead of the prescribed Service and may 17
make the application for the matter. 18
`(3) However, the chief executive may give a written notice to the 19
prescribed Service that the prescribed Service may make the 20
application as the employer. 21
`(4) In deciding whether to give a written notice under subsection 22
(3), the chief executive is to have regard to whether the subject 23
of the application may affect the terms and conditions of 24
employment of health service employees in more than one 25
health system employer. 26
`(5) If the prescribed Service makes the application, the prescribed 27
Service must give the commission a copy of the chief 28
executive's written notice under subsection (3) when making 29
the application. 30
Page 104
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 3 Amendment of Industrial Relations Act 1999
[s 51]
`29 Who is party to proceedings as employer before 1
commission 2
`(1) This section applies to a proceeding in the commission for a 3
matter (other than a proceeding under chapter 5, 6 or 7) if the 4
proceeding relates to health service employees employed by a 5
prescribed Service. 6
`(2) The chief executive is taken to be the employer for the 7
proceeding instead of the prescribed Service unless-- 8
(a) the chief executive has given written notice under 9
section 28(3) of this schedule that a prescribed Service 10
may make application for a matter the subject of the 11
proceeding; or 12
(b) if paragraph (a) does not apply, the chief executive gives 13
written notice to the prescribed Service that the 14
prescribed Service is the employer for the proceeding. 15
`(3) In deciding whether to give a written notice under subsection 16
(2)(b), the chief executive is to have regard to whether the 17
matter may affect the terms and conditions of employment of 18
health service employees in more than one health system 19
employer. 20
`(4) The prescribed Service must give the commission a copy of 21
the chief executive's written notice under subsection (2)(b) as 22
soon as practicable after receiving the notice. 23
`30 Commission's orders may bind prescribed Services 24
even if chief executive is taken to be employer or party 25
for proceeding 26
`(1) This section applies to a proceeding before the commission if 27
the chief executive is a party to the proceeding because the 28
chief executive is taken to be the employer of health service 29
employees instead of a prescribed Service. 30
`(2) The commission may make orders, give directions or do 31
anything else it may do under this Act in relation to the 32
prescribed Service as if the prescribed Service was a party to 33
the proceeding. 34
Page 105
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 3 Amendment of Industrial Relations Act 1999
[s 52]
`(3) Subsection (2) does not limit the orders, directions or other 1
action the commission may take in relation to the chief 2
executive. 3
`31 How s 265 (Commission's jurisdiction) applies 4
`(1) For section 265(2), for health service employees employed by 5
a prescribed Service, the chief executive is taken to be the 6
employer instead of the prescribed Service and may make an 7
application to regulate a calling by an award. 8
`(2) For section 265(5), for health service employees employed by 9
a prescribed Service, the chief executive is taken to be the 10
employer instead of the prescribed Service and may make an 11
application to consolidate an award.'. 12
Clause 52 Amendment of sch 5 (Dictionary) 13
Schedule 5, dictionary-- 14
insert-- 15
`chief executive, for schedule 4A, see schedule 4A, part 1, 16
section 1. 17
health service employee, for schedule 4A, see schedule 4A, 18
part 1, section 1. 19
health system employer, for schedule 4A, see schedule 4A, 20
part 1, section 1. 21
prescribed Service, for schedule 4A, see schedule 4A, part 1, 22
section 1. 23
Service, for schedule 4A, see schedule 4A, part 1, section 1.'. 24
Page 106
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Part 4 Amendment of Private Health Facilities Act 1999
[s 53]
Part 4 Amendment of Private Health 1
Facilities Act 1999 2
Clause 53 Insertion of new s 147B 3
After section 147A-- 4
insert-- 5
`147B Disclosure for funding arrangements 6
`(1) Section 147 does not apply to the disclosure of information to 7
the Commonwealth or an entity of the Commonwealth if the 8
disclosure is to give effect to a funding arrangement between 9
the State and the Commonwealth for public sector health 10
services and other health services. 11
`(2) In this section-- 12
funding arrangement see Hospital and Health Boards Act 13
2011, schedule 2. 14
public sector health service see Hospital and Health Boards 15
Act 2011, schedule 2.'. 16
Part 5 Minor and consequential 17
amendments 18
Clause 54 Acts amended 19
The schedule amends the Acts it mentions. 20
Page 107
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Schedule
Schedule Acts amended 1
section 54 2
Forensic Disability Act 2011 3
1 Section 123(1)(a), `Health Services Act 1991'-- 4
omit, insert-- 5
`Hospital and Health Boards Act 2011'. 6
Health and Hospitals Network Act 2011 7
1 Section 8(1), `networks'-- 8
omit, insert-- 9
`Hospital and Health Services'. 10
2 Section 9(1), `Networks'-- 11
omit, insert-- 12
`Hospital and Health Services'. 13
3 Part 2, heading, `Local Health and Hospital Networks'-- 14
omit, insert-- 15
`Hospital and Health Services'. 16
Page 108
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Schedule
4 Section 17(a) and (b), `Local Health and Hospital 1
Network'-- 2
omit, insert-- 3
`Hospital and Health Service'. 4
5 Part 2, division 2, heading, `Governing councils'-- 5
omit, insert-- 6
`Hospital and Health Boards'. 7
6 Part 2, division 2, subdivision 1, heading, `governing 8
councils'-- 9
omit, insert-- 10
`Hospital and Health Boards'. 11
7 Section 22, `governing council'-- 12
omit, insert-- 13
`Hospital and Health Board'. 14
8 Section 53(b), `chief executive;'-- 15
omit, insert-- 16
`chief executive; and'. 17
9 Section 55(2), definition health service audit, paragraph 18
(b), `network or service'-- 19
omit, insert-- 20
`Service or specialised health service'. 21
10 Section 80-- 22
omit. 23
Page 109
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Schedule
11 Section 84(2), `someone else,'-- 1
omit, insert-- 2
`someone else'. 3
12 Section 87(4), `proceeding,'-- 4
omit, insert-- 5
`proceeding'. 6
13 Section 94, `Root cause analysis'-- 7
omit, insert-- 8
`root cause analysis'. 9
14 Section 132(3)(c)-- 10
omit. 11
15 Section 318-- 12
omit. 13
16 Schedule 2, section 8(4)(a), `governing council's'-- 14
omit, insert-- 15
`board's'. 16
17 Schedule 3, definition Australian Commission on Safety 17
and Quality in Health Care, `National Health and Hospitals 18
Network Act 2011 (Cwlth)'-- 19
omit, insert-- 20
`National Health Reform Act 2011 (Cwlth)'. 21
Page 110
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Schedule
18 Schedule 3, definition corporate support service, 1
`support service,'-- 2
omit, insert-- 3
`support service'. 4
19 Amendment for references to `network' 5
All provisions of the Health and Hospitals Network Act 2011 6
are amended by omitting `network' and inserting `Service' 7
except where-- 8
(a) the word `network' is used in the terms `network area', 9
`network chief executive', `network chief executives' or 10
`network chief executive's'; or 11
(b) a provision is amended elsewhere in this Act to omit the 12
word `network'. 13
20 Amendment for references to `networks' 14
All provisions of the Health and Hospitals Network Act 2011 15
are amended by omitting `networks' and inserting `Services' 16
except where-- 17
(a) the word `networks' is used in the term `clinical 18
networks'; or 19
(b) a provision is amended elsewhere in this Act to omit the 20
word `networks' and insert other words. 21
21 Amendment for references to `Networks' 22
All provisions of the Health and Hospitals Network Act 2011 23
are amended by omitting `Networks' and inserting `Services' 24
except where-- 25
(a) the word `Networks' is used in the term `Local Health 26
and Hospital Networks'; or 27
(b) a provision is amended elsewhere in this Act to omit the 28
word `Networks' and insert other words. 29
Page 111
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Schedule
22 Amendment for references to `network's' 1
All provisions of the Health and Hospitals Network Act 2011 2
are amended by omitting `network's' and inserting 3
`Service's'. 4
23 Amendment for references to `network area' 5
All provisions of the Health and Hospitals Network Act 2011 6
are amended by omitting `network area' and inserting `health 7
service area'. 8
24 Amendment for references to `network chief executive' 9
All provisions of the Health and Hospitals Network Act 2011 10
are amended by omitting `network chief executive' and 11
inserting `health service chief executive'. 12
25 Amendment for references to `network chief executives' 13
All provisions of the Health and Hospitals Network Act 2011 14
are amended by omitting `network chief executives' and 15
inserting `health service chief executives'. 16
26 Amendment for references to `network chief executive's' 17
All provisions of the Health and Hospitals Network Act 2011 18
are amended by omitting `network chief executive's' and 19
inserting `health service chief executive's'. 20
27 Amendment for references to `governing council' 21
All provisions of the Health and Hospitals Network Act 2011 22
are amended by omitting `governing council' and inserting 23
`board' except where a provision is amended elsewhere in this 24
Act to omit the words `governing council' and insert other 25
words. 26
Page 112
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Schedule
28 Amendment for references to `governing councils' 1
All provisions of the Health and Hospitals Network Act 2011 2
are amended by omitting `governing councils' and inserting 3
`boards' except where a provision is amended elsewhere in 4
this Act to omit the words `governing councils' and insert 5
other words. 6
© State of Queensland 2012
Page 113
AMENDMENTS TO BILL
Health and Hospitals Network and Other Legislation Amendment Bill 2012
Health and Hospitals Network and Other
Legislation Amendment Bill 2012
Amendments agreed to during Consideration
1 Clause 12 (Amendment of s 23 (Membership of governing
councils))
Page 13, line 24--
omit, insert--
`(3) One or more of the members of a board must be clinicians.
`(4) In this section--
clinician means a person who--
(a) is a health professional registered under the Health
Practitioner Regulation National Law, other than as a
student; and
(b) is currently directly or indirectly providing care or
treatment to persons; and
(c) is in a profession that provides care or treatment to
persons in public sector health services.'.'.
2 Clause 16 (Insertion of new pt 2, div 2A)
Page 17, line 9, `An'--
omit, insert--
`(1) An'.
3 Clause 16 (Insertion of new pt 2, div 2A)
Page 17, after line 13--
insert--
`(2) In this section--
clinician means a person who--
Page 1
Health and Hospitals Network and Other Legislation Amendment Bill 2012
(a) is a health professional registered under the Health
Practitioner Regulation National Law, other than as a
student; and
(b) is currently directly or indirectly providing care or
treatment to persons; and
(c) is in a profession that provides care or treatment to
persons in public sector health services.'.
4 Clause 51 (Insertion of new sch 4A)
Page 99, after line 21--
insert--
`12A How s 147A (Employer may ask employees to approve
proposed agreement being negotiated with employee
organisation) applies
`(1) For requesting employees to approve a proposed agreement
and doing other things under section 147A, the chief executive
is taken to be the employer instead of the prescribed Service
for health service employees employed by the Service.
`(2) However, the chief executive is not taken to be the employer
instead of the prescribed Service for section 147A(4).'.
5 Clause 51 (Insertion of new sch 4A)
Page 102, after line 9--
insert--
`22A How s 175 (Requirements for industrial action in
response to industrial action by another party) applies
`For section 175, the prescribed Service for the proposed
agreement is taken to be the negotiating party, instead of the
chief executive, for the purpose of taking industrial action in
response to industrial action by another negotiating party.
Page 2
Health and Hospitals Network and Other Legislation Amendment Bill 2012
`22B How s 181D (Minister may give directions to reduce or
remove threat, damage or danger) applies
`For section 181D(1)(c), the chief executive and a prescribed
Service for a proposed agreement are each taken to be the
employer who is a party to the proposed agreement and the
Minister may give either or both of them written directions to
take, or not take, stated action.'.
6 Clause 51 (Insertion of new sch 4A)
Page 106, line 12--
omit, insert--
`application to consolidate an award.
`32 How sch 4, s 5 (Notice of application) applies
`For schedule 4, section 5, the chief executive and the
prescribed Service for the employees are each taken to be the
employer for the purpose of the applicant giving the employer
a copy of the application for a protected action ballot order.
`33 How sch 4, s 7 (Dealing with multiple actions together)
applies
`For schedule 4, section 7, the commission may treat the
following as being employees of the same employer for
dealing with 2 or more applications for a protected action
ballot order at the same time--
(a) employees of 2 or more prescribed Services;
(b) employees of 1 or more prescribed Services and the
department.
Page 3
Health and Hospitals Network and Other Legislation Amendment Bill 2012
`34 How sch 4, s 8 (Making of protected action ballot order by
commission) applies
`For schedule 4, section 8, the chief executive is taken to be
the employer instead of a prescribed Service for the purpose
of the commission being satisfied that each applicant has
been, and is, genuinely trying to reach agreement with the
employer of the employees who are to be balloted.
`35 How sch 4, s 9 (Notice of protected action ballot order)
applies
`For schedule 4, section 9, the chief executive and the
prescribed Service for the employees who are to be balloted
are each taken to be the employer for the purpose of the
commission giving the employer of the employees a copy of a
protected action ballot order.
`36 How sch 4, s 10 (Protected action ballot order may
require 2 or more ballots to be held together) applies
`For schedule 4, section 10, the commission may treat the
following as being employees of the same employer for
requiring protected action ballots to be held at the same
time--
(a) employees of 2 or more prescribed Services;
(b) employees of 1 or more prescribed Services and the
department.
`37 How sch 4, s 22 (Results of protected action ballot)
applies
`For schedule 4, section 22, the chief executive and the
prescribed Service for the employees who were balloted are
each taken to be the employer for the purpose of the ECQ
informing the employer of the employees of the results of the
ballot.'.'.
Page 4
Health and Hospitals Network and Other Legislation Amendment Bill 2012
7 Schedule (Acts amended)
Page 109, after line 14--
insert--
`7A Section 44D, `schedule 2'--
omit, insert--
`schedule 1'.'.
8 Schedule (Acts amended)
Page 113, after line 6--
insert--
`29 Amendment for references to `Chairperson' etc.
`All provisions of the Health and Hospitals Network Act 2011
are amended by omitting `Chairperson', `chairperson' and
`chairpersons' and inserting `Chair', `chair' and `chairs'
respectively.'.
© State of Queensland 2012
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