HEALTH LEGISLATION AMENDMENT BILL 2004

Western Australian Bills

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This is a Bill, not an Act. For current law, see the Acts databases.

HEALTH LEGISLATION AMENDMENT BILL 2004

Western Australia

Health Legislation Amendment Bill 2004

CONTENTS

Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Health Act 1911
3. The Act amended 3
4. Section 182 amended 3
5. Section 289F amended 3
6. Section 289I amended 3
Part 3 -- Health Services (Quality
Improvement) Act 1994
7. The Act amended 4
8. Section 9 amended 4
9. Section 10 amended 4
10. Section 12 amended 5
Part 4 -- Hospitals and Health Services
Act 1927
11. The Act amended 6
12. Section 2 amended 6
13. Section 18A repealed 6
14. Part IIIC inserted 6
15. Section 36 amended 8

285--2 page i
Health Legislation Amendment Bill 2004

Contents

Part 5 -- Queen Elizabeth II Medical
Centre Act 1966
16. The Act amended 9
17. Section 16 amended 9
18. Validation 10

page ii
Western Australia

LEGISLATIVE ASSEMBLY

(As amended during consideration in detail)

Health Legislation Amendment Bill 2004

A Bill for

An Act to amend the --
• Health Act 1911;
• Health Services (Quality Improvement) Act 1994;
• Hospitals and Health Services Act 1927; and
• Queen Elizabeth II Medical Centre Act 1966,
to make provision in relation to the management of certain hospitals
under the Queen Elizabeth II Medical Centre Act 1966, and for
related purposes.

The Parliament of Western Australia enacts as follows:

page 1
Health Legislation Amendment Bill 2004
Part 1 Preliminary

s. 1

Part 1 -- Preliminary
1. Short title
This Act may be cited as the Health Legislation Amendment
Act 2004.

5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.

page 2
Health Legislation Amendment Bill 2004
Health Act 1911 Part 2

s. 3

Part 2 -- Health Act 1911
3. The Act amended
The amendments in this Part are to the Health Act 1911*.
[* Reprinted as at 31 March 2000.
5 For subsequent amendments see 2003 Index to Legislation of
Western Australia, Table 1, p. 172.]

4. Section 182 amended
Section 182(11) is amended by deleting "(not being the chimney
of a private dwelling-house)".

10 5. Section 289F amended
Section 289F(4) is repealed.

6. Section 289I amended
(1) Section 289I(1) is amended by deleting "after the expiry of
3 years from the commencement of the Health Amendment
15 Act 1998." and inserting instead --
"
after --
(a) 1 January 2005; and
(b) every fourth anniversary of that date.
20 ".
(2) Section 289I(2) is amended by deleting "4 years after the
commencement referred to in subsection (1)." and inserting
instead --
" 12 months after the requirement for the review arose. ".

page 3
Health Legislation Amendment Bill 2004
Part 3 Health Services (Quality Improvement) Act 1994

s. 7

Part 3 -- Health Services (Quality Improvement)
Act 1994
7. The Act amended
The amendments in this Part are to the Health Services (Quality
5 Improvement) Act 1994*.
[* Reprint 1 as at 12 December 2003.]

8. Section 9 amended
(1) Section 9(1) is amended by deleting "that person's membership
of, employment by, or association with, a Committee" and
10 inserting instead --
" the performance of the Committee's functions ".
(2) After section 9(1) the following subsection is inserted --
"
(1a) Subsection (1) applies to a person who acquires
15 information, whether the person did so directly or
indirectly.
".

9. Section 10 amended
(1) Section 10(1) is repealed and the following subsections are
20 inserted instead --
"
(1) A person who acquires information solely as a result of
a Committee performing its functions is neither
competent nor compellable in civil proceedings to
25 divulge or communicate that information to any court,
tribunal, board or person.
(1a) A document that was created by or at the request of a
Committee, or solely for the performance of a
Committee's functions, is not subject to discovery and

page 4
Health Legislation Amendment Bill 2004
Health Services (Quality Improvement) Act 1994 Part 3

s. 10

is not to be used in evidence in civil proceedings before
any court, tribunal, board or person unless the
document has been made available to the public or
given to the Minister or to the governing body of the
5 Committee.
".
(2) Section 10(2) is amended by deleting "Subsection (1) does" and
inserting instead --
" Subsections (1) and (1a) do ".
10 (3) After section 10(2) the following subsection is inserted --
"
(3) This section does not limit section 9.
".

10. Section 12 amended
15 (1) Section 12(1) is amended by deleting "person acting under the
direction of a Committee" and inserting instead --
" other person ".
(2) Section 12(3) is amended as follows:
(a) by deleting "The members of a Committee are, and are"
20 and inserting instead --
" A person referred to in subsection (1) is, and is ";
(b) by deleting "they are" and inserting instead --
" the person is ".

page 5
Health Legislation Amendment Bill 2004
Part 4 Hospitals and Health Services Act 1927

s. 11

Part 4 -- Hospitals and Health Services Act 1927
11. The Act amended
The amendments in this Part are to the Hospitals and Health
Services Act 1927*.
5 [* Reprinted as at 15 October 1999.
For subsequent amendments see 2003 Index to Legislation of
Western Australia, Table 1, p. 178.]

12. Section 2 amended
Section 2(1) is amended by inserting the following definition in
10 the appropriate alphabetical position --
"
"hospital service provider" means --
(a) the board of a public hospital;
(b) the holder of a licence granted under this Act
15 to conduct a private hospital or a private
psychiatric hostel;
".
13. Section 18A repealed
Section 18A is repealed.
20 14. Part IIIC inserted
After Part IIIB the following Part is inserted --
"
Part IIIC -- Collection of information about
health services
25 26R. Purpose for collecting information
The purpose for which the Commissioner may collect
information under this Part is to assist in --
(a) the management of public hospitals;

page 6
Health Legislation Amendment Bill 2004
Hospitals and Health Services Act 1927 Part 4

s. 14

(b) the regulation of private hospitals and private
psychiatric hostels;
(c) the planning for and evaluation of hospital and
health services; and
5 (d) the conduct of epidemiological analysis and
health research.

26S. Commissioner may require certain information
(1) The Commissioner may direct a hospital service
provider to give to the Commissioner the information
10 specified in the direction.
(2) The information specified may include personal
information.
(3) The Commissioner may not specify information in a
direction unless --
15 (a) the information relates to hospital, health or
psychiatric services provided to individuals by
the hospital service provider; and
(b) the Commissioner is satisfied that collecting the
information is consistent with the purpose for
20 which information may be collected under this
Part.
(4) The direction may specify the information by reference
to a class of information and may specify the form in
which it is to be given.
25 (5) The hospital service provider must comply with the
direction.
(6) A direction may be given in relation to information
obtained by the hospital service provider before the
commencement of this Part.
30 (7) A particular direction may be given to one or more
named hospital service providers, one or more classes

page 7
Health Legislation Amendment Bill 2004
Part 4 Hospitals and Health Services Act 1927

s. 15

of hospital service providers, or all hospital service
providers.
(8) In this section --
"personal information" means information or an
5 opinion, whether true or not, about an individual
whose identity is apparent, or can reasonably be
ascertained, from the information or opinion.

26T. No liability for notification etc. or disclosure
A hospital services provider that complies with a
10 direction given under section 26S incurs no civil or
criminal liability as a result, and is not to be regarded
for any purpose as being in breach of any duty of
confidentiality.
".

15 15. Section 36 amended
Section 36 is amended by deleting "$100" and inserting
instead --
" $1 000 ".

page 8
Health Legislation Amendment Bill 2004
Queen Elizabeth II Medical Centre Act 1966 Part 5

s. 16

Part 5 -- Queen Elizabeth II Medical Centre Act 1966
16. The Act amended
The amendments in this Part are to the Queen Elizabeth II
Medical Centre Act 1966*.
5 [* Reprinted as at 3 August 2001.]

17. Section 16 amended
(1) Section 16(3) is amended by deleting "hospital on the reserve
that is, or is so declared, a".
(2) After section 16(7) the following subsection is inserted --
10 "
(7a) Subsections (2) to (7) do not apply to a teaching
hospital if --
(a) the managing body of the hospital has the
management and control of another hospital; or
15 (b) the Minister is the managing body of the
hospital.
".
(3) Section 16(8) is repealed and the following subsection is
inserted instead --
20 "
(8) In this section --
"managing body", in relation to a teaching hospital,
means --
(a) the hospital board constituted under Part III
25 of the Hospitals and Health Services
Act 1927 in relation to the hospital; or
(b) the Minister in whom the management and
control of the hospital is vested under
section 7 of that Act;

page 9
Health Legislation Amendment Bill 2004
Part 5 Queen Elizabeth II Medical Centre Act 1966

s. 18

"teaching hospital" means a hospital to which
subsection (1) applies.
".

18. Validation
5 (1) The formation of the MHSB by the Hospitals and Health
Services (Re-organisation of Hospital Boards) Notice 1997 is
declared to be, and always to have been, as valid as it would
have been if section 16(7a) of the principal Act (as inserted by
section 17 of this Act) had been in force at the time when that
10 Notice came into operation.
(2) Anything done or omitted, or purported to have been done or
omitted, by the MHSB or the Minister in respect of a teaching
hospital before the commencement of this section is declared to
be, and always to have been, as valid as it would have been if it
15 had been done or omitted by a managing body or an
appointments committee constituted in accordance with
section 16 of the principal Act.
(3) In this section --
"MHSB" means the Metropolitan Health Service Board formed
20 by the Hospitals and Health Services (Re-organisation of
Hospital Boards) Notice 1997, published in the Gazette on
16 July 1997 at pages 3695-6;
"Minister" means the Minister in whom the management of a
teaching hospital is vested under section 7 of the Hospitals
25 and Health Services Act 1927;
"principal Act" means the Queen Elizabeth II Medical Centre
Act 1966;
"teaching hospital" means a hospital to which section 16(1) of
the principal Act applies.

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