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


HEALTH SERVICES BILL 2016

                    Western Australia


         Health Services Bill 2016

                        Contents

      Part 1 -- Preliminary
1.    Short title                                          2
2.    Commencement                                         2
3.    Act binds the State                                  2
4.    Objects of this Act                                  2
5.    Medicare principles                                  3
6.    Terms used                                           3
7.    Meaning of health service and public health
      service                                              8
8.    Meaning of hospital and public hospital              9
9.    Application of Act to hospital where mentally ill
      treated                                             10
      Part 2 -- The Minister
10.   Ministerial Body established                        11
11.   Purpose and nature of Ministerial Body              11
12.   Execution of documents by Ministerial Body          11
13.   Minister's general powers                           13
14.   Minister's powers in relation to business
      arrangements                                        14
15.   Delegation by Minister                              15
16.   Power to delegate under Health Legislation
      Administration Act 1984 excluded                    16
17.   Role of Mental Health Minister not affected         16
      Part 3 -- The Department CEO
      Division 1 -- Role of Department CEO
18.   Administration of this Act                          17
19.   Management of the WA health system                  17
20.   Functions of Department CEO                         17


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      21.      Powers of Department CEO                            19
      22.      Staff who are not public servants                   20
      23.      Department CEO may provide, or arrange for the
               provision of, certain services and facilities       20
      24.      Delegation by Department CEO                        21
      25.      Power to delegate under Health Legislation
               Administration Act 1984 excluded                    22
               Division 2 -- Policy frameworks
      26.      Department CEO may issue policy frameworks          22
      27.      Policy framework is binding                         24
               Division 3 -- Department CEO directions
      28.      Department CEO may issue directions                 24
      29.      Relationship between Department CEO direction
               and other instruments and directions                25
      30.      Department CEO direction is binding                 25
      31.      Department CEO direction must be given to chief
               executive and to board                              25
               Part 4 -- Health service providers
               Division 1 -- Establishment
      32.      Establishment of health service provider            27
      33.      Status of health service provider                   27
               Division 2 -- Functions and powers
      34.      Functions                                           28
      35.      Commercial activities                               30
      36.      General powers                                      30
      37.      Restrictions on power to dispose of land            32
      38.      Transactions that require agreement or approval     32
      39.      Exemptions from section 38                          33
      40.      Delegation                                          33
      41.      Execution of documents by health service provider   34
      42.      Contract formalities                                36
               Part 5 -- Service agreements
               Division 1 -- Preliminary
      43.      Terms used                                          37
               Division 2 -- Commission service agreements
      44.      Head agreement between Department CEO and
               Commission CEO                                      38


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45.   Commission CEO and health service provider may
      enter into service agreement                              38
      Division 3 -- Service agreements generally
46.   Department CEO and health service provider must
      enter into service agreement                              39
47.   Department CEO may decide on terms of service
      agreement                                                 40
48.   General provisions about service agreements               41
49.   Term of service agreement                                 42
50.   Procedure to amend service agreement                      42
51.   Service agreement may provide for Department
      CEO to carry out specified functions                      42
52.   Review and report on service agreements                   43
53.   Other agreements for provision of services                43
      Part 6 -- Fees and charges for health
           services and other matters
54.   Effect of National Health Agreement                       44
55.   Fees and charges for the provision of health
      services                                                  44
56.   Minister may fix fees and charges                         45
57.   Liability of persons for health service fees and
      charges                                                   46
58.   Regulations about payment by compensable
      persons                                                   46
59.   Fees and charges for other services, goods and
      facilities                                                48
      Part 7 -- Accountability and
           financial provisions
      Division 1 -- Accountability
60.   Minister may give directions                              49
61.   Minister to have access to information                    49
      Division 2 -- Financial provisions
62.   Application of Financial Management Act 2006
      and Auditor General Act 2006                              51
63.   Health funding arrangements under the National
      Health Agreement                                          51
64.   Health service provider account                           51


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      65.      Health service provider's funds                    52
      66.      Notice of financial difficulty                     52
      67.      Department CEO's power to require financial
               information                                        53
      68.      Various documents exempt from duty                 53
      69.      Local governments may fund health services         54
               Part 8 -- Administration of health
                    service providers
               Division 1 -- Governance
      70.      Health service provider may be governed by board
               or chief executive                                 56
               Division 2 -- Boards
               Subdivision 1 -- Constitution and procedures
      71.      Constitution of health service provider's board    56
      72.      Chairperson and deputy chairperson                 58
      73.      Deputy chairperson acting as chairperson           59
      74.      Alternate members                                  59
      75.      Remuneration and allowances                        60
      76.      Term of office                                     60
      77.      Casual vacancies                                   60
      78.      Leave of absence                                   61
               Subdivision 2 -- Impartiality and disclosure of
                     material personal interest
      79.      Members must act in public interest                61
      80.      Disclosure of material personal interest           62
      81.      Voting by interested member                        62
      82.      Section 81 may be declared inapplicable            63
      83.      Quorum where section 81 applies                    63
      84.      Minister may declare sections 81 and 83
               inapplicable                                       63
               Subdivision 3 -- Meetings
      85.      Holding meetings                                   64
      86.      Quorum                                             64
      87.      Procedure at meetings                              64
      88.      Voting                                             64
      89.      Holding meetings remotely                          64
      90.      Resolution without meeting                         65
      91.      Minutes                                            65


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       Subdivision 4 -- Committees
92.    Committees                                              65
93.    Remuneration and allowances                             66
       Division 3 -- Appointment of advisers to board,
             administrators, dismissal of board
94.    Terms used                                              66
95.    Minister may appoint advisers to boards                 66
96.    Terms and conditions of appointment as adviser          67
97.    Functions of advisers                                   67
98.    Obligations of board in relation to advisers            67
99.    Minister may appoint administrator for health
       service provider                                        68
100.   Terms and conditions of appointment as
       administrator                                           68
101.   Role of administrator                                   69
102.   Minister may dismiss all members of board               69
       Part 9 -- Health service provider
            employment
       Division 1 -- Preliminary
103.   Term used: employing authority                          70
104.   Application of PSM Act                                  70
       Division 2 -- Health Executive Service
       Subdivision 1 -- Composition
105.   Composition of Health Executive Service                 71
       Subdivision 2 -- Chief executives
106.   Chief executive                                         71
107.   Functions and powers of chief executive                 71
108.   Appointment of chief executive                          73
109.   Procedure for appointment of chief executive            73
110.   Remuneration and leave entitlements                     75
111.   Contract of employment                                  75
112.   Appointment of health service provider employee
       or public service officer                               75
113.   Reappointment of chief executive                        76
114.   Performance criteria for chief executive and review
       of performance                                          76
115.   Removal from office                                     77
116.   Transfer from office                                    77


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      117.     Acting chief executive                                78
      118.     Employment of chief executive cannot be litigated
               and is not an industrial matter                       79
      119.     Delegation                                            80
      120.     Modification of PSM Act delegation provision          81
               Subdivision 3 -- Health executives
      121.     Appointment of health executives                      81
      122.     Reappointment of health executive                     82
      123.     Transfer of health executives                         82
      124.     Performance assessment                                83
      125.     Termination of contract of employment by
               employing authority                                   83
               Subdivision 4 -- General provisions about chief
                     executives and health executives
      126.     Terms used                                            84
      127.     Conditions of employment                              84
      128.     Employment of chief executives and health
               executives governed by contract of employment         84
      129.     Content of contract of employment                     85
      130.     Termination of contract of employment by
               executive                                             85
      131.     Notification or payment in lieu if executive is not
               reappointed                                           85
      132.     Right of return for certain executives                86
      133.     Compensation if executive has no right of return      88
      134.     Repayment of compensation                             88
      135.     Election to take compensation instead of right of
               return                                                89
      136.     Secondment of executive                               89
      137.     Vacation of office of executive                       90
      138.     Operation of Division                                 91
               Division 3 -- Other staff
      139.     Division does not apply to Health Executive
               Service                                               91
      140.     Employees of health service provider                  91
      141.     Transfers between health service providers or
               between health services providers and the
               Department                                            92
      142.     Secondment of employee                                93
      143.     Contracts for services                                94

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       Part 10 -- Criminal and misconduct
            matters concerning employees
144.   Terms used                                              95
145.   Duty of staff member to report certain criminal
       conduct and misconduct findings                         95
146.   Further reporting and notification                      96
147.   Suspending employee if health practitioner
       registration is suspended or becomes conditional        97
148.   Suspending employee pending decision in relation
       to serious offence                                      98
149.   Salary during suspension                                98
150.   Disciplinary or improvement action where
       registration suspended or conditional or in case of
       serious offence                                         99
151.   Protection of patients to be paramount
       consideration                                          100
152.   Power of employing authority to take improvement
       or other action not limited                            100
153.   Appeals and referrals                                  101
       Part 11 -- Substandard performance
            and disciplinary matters
       Division 1 -- General
154.   Application and effect of Part                         102
155.   Application of Part in respect of former employees     102
156.   Power of employing authority to take improvement
       or other action not limited                            103
157.   Inconsistent provisions, instruments and contracts     103
       Division 2 -- Substandard performance
158.   What is substandard performance                        103
159.   Powers in relation to substandard performance          104
       Division 3 -- Disciplinary matters
160.   Term used: section 173(2) breach of discipline         105
161.   What is a breach of discipline                         105
162.   Options in relation to suspected breach of
       discipline                                             105
163.   Dealing with disciplinary matter                       106
164.   Action against employee pending decision on
       breach of discipline                                   107

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      165.     Special disciplinary inquiries                        108
      166.     Consequence of report of special disciplinary
               inquiry                                               109
      167.     Notification of outcome of disciplinary matter        110
      168.     Termination of other employment if employee is
               dismissed                                             110
      169.     Payment and recovery of fine                          111
      170.     When disciplinary action can be taken                 111
               Division 4 -- Appeals and referrals
      171.     Terms used                                            111
      172.     Certain decisions and findings may be appealed or
               referred                                              111
      173.     Referrals in relation to directions that are lawful
               orders                                                113
               Part 12 -- Redeployment and
                    redundancy of employees
      174.     Application of PSM Act Part 6 and regulations
               made for the purposes of that Part                    115
               Part 13 -- Investigations, inspections
                    and audits
      175.     Department CEO may investigate, inspect or audit
               health service provider                               116
      176.     Procedures                                            116
      177.     Powers of Department CEO                              116
      178.     Incriminating information or answers                  118
      179.     Liability for complying with requirement              118
      180.     Failure to comply with requirement                    119
      181.     False information                                     119
               Part 14 -- Inquiries
      182.     Terms used                                            120
      183.     Department CEO may conduct inquiry                    120
      184.     Preliminary matters                                   120
      185.     Procedure                                             121
      186.     Hearings                                              121
      187.     Inquirer's powers                                     122
      188.     Failure to comply with requirements of notice         122
      189.     Incriminating answers or documents                    123

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                                                             Contents



190.   Disruption of inquiry                                   123
191.   False information                                       124
192.   Protection for certain purposes                         124
193.   Reports                                                 124
       Part 15 -- Changes to health service
            providers
       Division 1 -- Transfer of assets, rights and
               liabilities
194.   Minister may order transfer of assets, rights or
       liabilities                                             126
       Division 2 -- Changes to, or abolition of, health
               service provider
195.   Amendment of order establishing health service
       provider                                                127
196.   Abolition, amalgamation, merger or division of
       health service provider                                 128
197.   Order may include savings and transitional
       provisions                                              128
198.   Change of name                                          128
199.   Board of health service provider                        129
200.   Transfer of assets, rights and liabilities              129
201.   Former accounts                                         130
       Division 3 -- General provisions
202.   Term used: transfer order                               132
203.   Registration of documents                               132
204.   Exemption from State tax                                132
205.   Transitional regulations                                133
206.   Effect of other instruments, rights and obligations     135
       Part 16 -- Control of conduct and
            traffic on health service provider
            land
207.   Term used: health service provider land                 136
208.   Declaration of health service provider land             136
209.   Regulations about conduct on, and use of, health
       service provider land                                   136
210.   Regulations about management and control of
       traffic                                                 137


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Contents



      211.     Requirement to leave health service provider land    140
      212.     Proceedings and payment of penalties                 141
               Part 17 -- Information
               Division 1 -- General
      213.     Terms used                                           142
      214.     Health information management systems                142
      215.     Information held in health information
               management system                                    143
               Division 2 -- Disclosure of information
      216.     Disclosure of information by Department CEO          144
      217.     Disclosure of information by health service
               provider                                             144
      218.     Requesting information                               145
               Division 3 -- Confidentiality
      219.     Confidentiality                                      146
      220.     Authorised collection, use or disclosure of
               information                                          147
      221.     Regulations relating to information                  148
               Part 18 -- Miscellaneous
               Division 1 -- Legal proceedings
      222.     Commencement of prosecutions                         149
      223.     Appointments and signatures taken to be proved       149
      224.     Documentary evidence of certain matters              149
      225.     Evidence Act 1906 not affected                       150
               Division 2 -- Miscellaneous
      226.     Protection from liability for persons exercising
               functions                                            150
      227.     Minister and health service providers not required
               to be registered                                     151
      228.     Modifications for purposes of Workers'
               Compensation and Injury Management Act 1981
               Part IV Division 2                                   151
      229.     Laying documents before House of Parliament not
               sitting                                              152
      230.     Regulations -- general power                          153
      231.     Regulations may adopt codes or legislation           154



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                                                            Contents



       Division 3 -- Review of Act
232.   Review of Act                                         155
       Part 19 -- Transitional and savings
            matters
       Division 1 -- Interpretation
233.   Terms used                                            156
       Division 2 -- Boards and ministerial control
234.   Boards abolished and Minister ceases to control
       hospitals                                             157
235.   Immunity continues                                    157
       Division 3 -- Hospital boards' assets, rights and
             liabilities
236.   Division does not apply to land reserved under the
       Queen Elizabeth II Medical Centre Act 1966            158
237.   Transfer to health service provider or Ministerial
       Body                                                  158
238.   Transfer orders                                       159
239.   Correction of errors in transfer orders               161
240.   Reserves                                              161
241.   Registration of documents                             162
242.   Hospital boards to complete necessary transactions    163
243.   Exemption from State tax                              164
244.   Operating accounts of hospital boards                 164
       Division 4 -- Staff
245.   Employees of hospital boards                          165
246.   Preservation of rights                                166
       Division 5 -- Continuation of certain things
247.   Completion of things done                             167
248.   Continuing effect of things done                      167
249.   Agreements, instruments, proceedings and
       remedies generally                                    167
       Division 6 -- Quadriplegic Centre
250.   Terms used                                            168
251.   Quadriplegic Centre continued                         168
252.   Quadriplegic Centre board members                     169
253.   Staff members                                         169
254.   Preservation of rights                                170
255.   Transfer of contracts for services                    170

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               Division 7 -- Other matters
      256.     Transitional regulations                                    170
      257.     Effect of other instruments, rights and obligations         172
      258.     Interpretation Act 1984 not affected                        172
               Part 20 -- Hospitals and Health
                    Services legislation amended
               Division 1 -- Hospitals and Health Services
                     Act 1927 amended
      259.     Act amended                                                 173
      260.     Long title replaced                                         173
      261.     Section 1 replaced                                          173
               1.        Short title                                 173
      262.     Section 2 amended                                           173
      263.     Section 3 amended                                           175
      264.     Section 4 amended                                           175
      265.     Sections 5A and 7 deleted                                   176
      266.     Section 7A replaced                                         176
               7A.       Minister's powers                           176
      267.     Sections 7B to 9 deleted                                    176
      268.     Section 10 replaced                                         176
               10.       Visiting and inspecting private hospitals   176
      269.     Section 11 amended                                          177
      270.     Sections 12 and 12A deleted                                 177
      271.     Part III deleted                                            177
      272.     Section 26P amended                                         178
      273.     Part IIIC heading replaced                                  178
               Part IIIC -- Information
      274.     Section 26R amended                                         178
      275.     Section 26S amended                                         179
      276.     Section 26T replaced                                        179
               26T.      No liability for disclosure                 179
      277.     Sections 27 to 35 deleted                                   179
      278.     Section 35A replaced                                        180
               35A.      Protection from personal liability          180
      279.     Sections 35B, 35C and 36 deleted                            180
      280.     Section 37 amended                                          180
      281.     Section 38 amended                                          181
      282.     Schedule deleted                                            181



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       Division 2 -- Hospitals and Health Services
             Amendment Act 2013 repealed
283.   Hospitals and Health Services Act Amendment
       Act 2013 repealed                                     181
       Part 21 -- Other Acts amended
284.   Births, Deaths and Marriages Registration
       Act 1998 amended                                      182
285.   Blood Donation (Limitation of Liability) Act 1985
       amended                                               182
286.   Carers Recognition Act 2004 amended                   183
287.   Charitable Trusts Act 1962 amended                    183
288.   Constitution Acts Amendment Act 1899 amended          184
289.   Financial Management Act 2006 amended                 184
290.   Food Act 2008 amended                                 185
291.   Health Act 1911 amended                               185
292.   Health and Disability Services (Complaints)
       Act 1995 amended                                      186
293.   Health Legislation Administration Act 1984
       amended                                               186
294.   Human Tissue and Transplant Act 1982 amended          187
295.   Industrial Relations Act 1979 amended                 187
296.   Mental Health Act 2014 amended                        189
297.   National Health Funding Pool Act 2012 amended         190
298.   Pay-roll Tax Assessment Act 2002                      190
299.   Pharmacy Act 2010 amended                             191
300.   Public Works Act 1902 amended                         191
301.   Queen Elizabeth II Medical Centre Act 1966
       amended                                               191
302.   Rail Safety National Law (WA) Act 2015 amended        193
303.   Spent Convictions Act 1988 amended                    193
304.   State Superannuation (Transitional and
       Consequential Provisions) Act 2000                    194
305.   University Medical School, Teaching Hospitals,
       Act 1955                                              194
306.   Workers' Compensation and Injury Management
       Act 1981 amended                                      196




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               Part 22 -- By-laws, regulations and
                    determinations repealed or
                    revoked
      307.     By-laws and regulations repealed     197
      308.     Determinations revoked               197
               Defined terms




page xiv
                           Western Australia


                     LEGISLATIVE ASSEMBLY


                 Health Services Bill 2016

                               A Bill for


An Act to --
•  provide for health services in Western Australia;
•  make consequential amendments to the Hospitals and Health
  Services Act 1927 and other Acts;
•  repeal various enactments.



The Parliament of Western Australia enacts as follows:




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     Health Services Bill 2016
     Part 1          Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Health Services Act 2016.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent;
8              (b) the rest of the Act -- on a day fixed by proclamation,
9                    and different days may be fixed for different provisions.

10   3.       Act binds the State
11            This Act binds the State and, so far as the legislative power of
12            the State permits, the Crown in all its other capacities.

13   4.       Objects of this Act
14            The objects of this Act are as follows --
15             (a) to promote and protect the health status of Western
16                   Australians;
17             (b) to identify and respond to opportunities to reduce
18                   inequities in health status in the Western Australian
19                   community;
20             (c) to provide access to safe, high quality, evidence-based
21                   health services;
22             (d) to promote a patient-centred continuum of care in the
23                   provision of health services;
24             (e) to coordinate the provision of an integrated system of
25                   health services and health policies in the WA health
26                   system;
27              (f) to promote effectiveness, efficiency and innovation in
28                   the provision of health services and teaching, training,



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                                                                        s. 5



1                research and other services within the available financial
2                and other resources;
3          (g)   to engage and support the health workforce in the
4                planning and provision of health services and teaching,
5                training, research and other services.

6    5.   Medicare principles
7         The provision of health services through the public hospital
8         system of the State is based on the Medicare principles set out
9         in the National Health Agreement.

10   6.   Terms used
11        In this Act, unless the contrary intention appears --
12        assets --
13          (a) means any legal or equitable estates or interests
14                (whether present or future, whether vested or contingent
15                and whether personal or assignable) in property; and
16          (b) includes money, securities, choses in action and
17                documents;
18        board means a board constituted under section 71;
19        board governed provider means a health service provider
20        specified under section 32(1)(d) to be a board governed
21        provider;
22        breach of discipline means a breach of discipline referred to in
23        section 161;
24        chief executive, in relation to a health service provider, means
25        the person appointed as chief executive of the health service
26        provider under section 108(1);
27        chief executive governed provider means a health service
28        provider specified under section 32(1)(d) to be a chief executive
29        governed provider;
30        Commission CEO has the meaning given in section 43;
31        committee means a committee appointed under section 92(1);


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     s. 6



1             contracted health entity means a non-government entity that
2             provides health services under a contract or other agreement
3             entered into with the Department CEO on behalf of the State, a
4             health service provider or the Minister;
5             Department means the department of the Public Service
6             principally assisting the Minister in the administration of this
7             Act;
8             Department CEO means the chief executive officer of the
9             Department;
10            Department CEO direction means a direction issued by the
11            Department CEO under section 28;
12            disciplinary action, in relation to a breach of discipline by an
13            employee, means any one or more of the following --
14              (a) a reprimand;
15              (b) the imposition of a fine not exceeding an amount equal
16                    to the amount of remuneration received by the employee
17                    in respect of the last 5 days during which the employee
18                    was at work as an employee before the day on which the
19                    finding of the breach of discipline was made;
20              (c) transferring the employee to another health service
21                    provider with the consent of the employing authority of
22                    that health service provider;
23              (d) if the employee is not a chief executive, transferring the
24                    employee to another office in the health service provider
25                    in which the employee is employed;
26              (e) reduction in the monetary remuneration of the
27                    employee;
28               (f) reduction in the level of classification of the employee;
29              (g) alteration of the employee's scope of practice or duties,
30                    or both;
31              (h) dismissal;




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                                                                  s. 6



1    employee means a person employed in a health service provider
2    and includes --
3      (a) the chief executive of the health service provider;
4      (b) a health executive employed in the health service
5            provider;
6      (c) a person employed in the health service provider under
7            section 140;
8      (d) a person seconded to the health service provider under
9            section 136 or 142;
10   employing authority has the meaning given in section 103;
11   health executive means a person holding an office referred to in
12   section 105(1)(b) but does not include a chief executive;
13   Health Executive Service means the Health Executive Service
14   mentioned in section 105;
15   health professional means a person who is --
16     (a) a health practitioner registered under the Health
17           Practitioner Regulation National Law (Western
18           Australia); or
19     (b) in a class of persons prescribed for the purposes of this
20           definition;
21   health service has the meaning given in section 7;
22   health service area means a health service area declared under
23   section 32(1)(a);
24   health service provider means a health service provider
25   established by an order made under section 32(1)(b);
26   hospital has the meaning given in section 8;
27   improvement action, in relation to an employee, means any one
28   or more of the following actions by the employing authority of
29   the employee for the purpose of improving the performance or
30   conduct of the employee --
31     (a) counselling;
32     (b) training and development;


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1               (c)    issuing a warning to the employee that certain conduct is
2                      unacceptable or that the employee's performance is not
3                      satisfactory;
4               (d) any other action of a similar nature;
5             liabilities means any liabilities, duties or obligations, whether
6             actual, contingent or prospective, liquidated or unliquidated or
7             whether owed alone or jointly or jointly and severally with any
8             other persons;
9             member, of a board, means a person appointed under
10            section 71(1);
11            Ministerial Body means the Health Ministerial Body established
12            by section 10;
13            National Health Agreement means --
14              (a) the National Health Reform Agreement between the
15                     Commonwealth and the States that was agreed to by the
16                     Council of Australian Governments on 2 August 2011,
17                     as amended from time to time; or
18              (b) any agreement that replaces or supersedes that
19                     agreement;
20            patient means a person who has been, is being, or will or may
21            be provided with health treatment or care;
22            personal information has the meaning given in the Freedom of
23            Information Act 1992 in the Glossary clause 1;
24            policy framework means a policy framework issued under
25            section 26;
26            prescribed means prescribed by regulations made under this
27            Act;
28            property means property of every kind, whether real or
29            personal, tangible or intangible, corporeal or incorporeal, and
30            any interest in property;
31            provide includes supply or carry out;
32            PSM Act means the Public Sector Management Act 1994;



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                                            Preliminary          Part 1

                                                                    s. 6



1    public authority means any of these persons or bodies --
2      (a) a department of the Public Service;
3      (b) a State agency or instrumentality;
4      (c) a local government or regional local government;
5      (d) a body (whether corporate or unincorporate), or the
6            holder of an office, post or position, established or
7            continued for a public purpose under a written law;
8      (e) a person or body, or a person or body within a class of
9            persons or bodies, prescribed for the purposes of this
10           paragraph;
11   public health service has the meaning given in section 7(3);
12   public health service facility means a facility at which public
13   health services are provided;
14   public hospital has the meaning given in section 8(6);
15   relevant lands official means --
16     (a) the Minister for Lands; or
17     (b) the Registrar of Titles; or
18     (c) the Registrar of Deeds and Transfers; or
19     (d) any other person authorised by a written law to record
20           and give effect to the registration of documents relating
21           to transaction affecting any estate or interest in land;
22   rights means any rights, powers, privileges or immunities,
23   whether actual, contingent or prospective;
24   service agreement has the meaning given in section 43;
25   staff member, of a health service provider, means --
26     (a) an employee in the health service provider;
27     (b) a person engaged under a contract for services by the
28           health service provider;
29   State tax includes --
30     (a) duty chargeable under the Duties Act 2008; and



                                                                page 7
     Health Services Bill 2016
     Part 1          Preliminary

     s. 7



1                (b)  any other tax, duty, fee, levy or charge under a law of
2                     the State;
3               WA health system has the meaning given in section 19(1);
4               WA health system-wide plan means a plan developed by the
5               Department CEO for the purposes of the WA health system.

6    7.         Meaning of health service and public health service
7         (1)   A health service is a service for maintaining, improving,
8               restoring or managing people's physical and mental health and
9               wellbeing.
10        (2)   Without limiting subsection (1), a health service includes --
11               (a) a service mentioned in subsection (1) that is provided to
12                    a person at a hospital or any other place;
13               (b) a service dealing with public health, including a
14                    programme or activity for --
15                       (i) the prevention and control of disease or sickness;
16                             or
17                      (ii) the prevention of injury; or
18                     (iii) the protection and promotion of health;
19               (c) a support service for a service mentioned in
20                    subsection (1);
21               (d) the provision of goods for a service mentioned in
22                    subsection (1).
23        (3)   A public health service is a health service provided by --
24               (a) a health service provider; or
25               (b) the Department CEO; or
26               (c) a contracted health entity under a contract or other
27                     agreement entered into with the Department CEO on
28                     behalf of the State, a health service provider or the
29                     Minister.




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                                                        Preliminary          Part 1

                                                                                s. 8



1         (4)   A public health service --
2                (a) includes a health service declared under a regulation to
3                      be a public health service; and
4                (b) does not include a health service declared under a
5                      regulation not to be a public health service.

6    8.         Meaning of hospital and public hospital
7         (1)   In this section --
8               day hospital facility means premises that are not attached to, or
9               are set apart from, premises mentioned in subsection (4)(a),
10              being premises at which --
11                (a) persons are provided with a health service determined
12                       by the Minister under subsection (2); and
13                (b) overnight accommodation is not provided;
14              nursing post means a place at which a nurse is stationed and at
15              which facilities exist for medical attention but which is not
16              normally used for overnight accommodation of patients.
17        (2)   The Minister may by written notice determine any health
18              service for the purposes of the definition of day hospital facility
19              in subsection (1).
20        (3)   A determination under subsection (2) may be made --
21               (a) generally; or
22               (b) in relation to specified health services or health services
23                     in a specified class; or
24               (c) by reference to a declaration or determination made
25                     under any law of the State or the Commonwealth.
26        (4)   Each of the following premises is a hospital for the purposes of
27              this Act --
28                (a) premises where medical, surgical or dental treatment, or
29                      nursing care, is provided for ill or injured persons and at
30                      which overnight accommodation may be provided; and
31                (b) a day hospital facility; and

                                                                            page 9
     Health Services Bill 2016
     Part 1          Preliminary

     s. 9



1                 (c)   a nursing post.
2         (5)   In subsection (4) an ill person includes a person who has a
3               mental illness (as defined in the Mental Health Act 2014
4               section 4) but this section does not affect any requirements
5               under that Act that a person be detained at an authorised
6               hospital (as defined in section 4 of that Act) or at another place.
7         (6)   Subject to any order made under subsection (8), each of the
8               following premises is a public hospital for the purposes of this
9               Act --
10                (a) a hospital controlled or managed by a health service
11                     provider or the Department CEO; or
12                (b) a hospital declared to be a public hospital under
13                     subsection (7).
14        (7)   The Minister may by order published in the Gazette declare any
15              hospital to be a public hospital for the purposes of this Act.
16        (8)   The Minister may by order published in the Gazette declare that
17              any hospital is not a public hospital for the purposes of this Act
18              or the Private Hospitals and Health Services Act 1927.

19   9.         Application of Act to hospital where mentally ill treated
20              Where a public hospital or part of a public hospital is an
21              authorised hospital under the Mental Health Act 2014, this Act
22              has effect in relation to the hospital or part of the hospital, and
23              persons received or admitted into it, subject to the provisions of
24              that Act.




     page 10
                                                         Health Services Bill 2016
                                                       The Minister         Part 2

                                                                                 s. 10



1                            Part 2 -- The Minister
2    10.         Ministerial Body established
3          (1)   The Health Ministerial Body is established.
4          (2)   The Ministerial Body is a body corporate with perpetual
5                succession.
6          (3)   Proceedings may be taken by or against the Ministerial Body in
7                its corporate name.
8          (4)   The Ministerial Body must be governed by the Minister.
9          (5)   The Ministerial Body has the status, immunities and privileges
10               of the Crown.

11   11.         Purpose and nature of Ministerial Body
12         (1)   The Ministerial Body is established to provide a body corporate
13               through which the Minister can perform any of the Minister's
14               functions under this Act that can more conveniently be
15               performed by a body corporate than an individual.
16         (2)   Any acts or things done through the Ministerial Body as
17               described in subsection (1) must be regarded as --
18                 (a) services under the control of the Department for the
19                      purposes of the Financial Management Act 2006
20                      section 52; and
21                 (b) operations of the Department for the purposes of Part 5
22                      of that Act.
23         (3)   Despite the employment under the PSM Act of ministerial
24               officers for the purpose of assisting the Minister to perform
25               functions that the Minister performs through the Ministerial
26               Body, the Ministerial Body and those officers are not an
27               organisation for the purposes of that Act.

28   12.         Execution of documents by Ministerial Body
29         (1)   The Ministerial Body must have a common seal.

                                                                           page 11
     Health Services Bill 2016
     Part 2          The Minister

     s. 12



1       (2)    A document is duly executed by the Ministerial Body if --
2               (a) the common seal of the Ministerial Body is affixed to it
3                    in accordance with subsections (3) and (4); or
4               (b) it is signed on behalf of the Ministerial Body by the
5                    Minister; or
6               (c) it is signed on behalf of the Ministerial Body, as
7                    authorised under subsection (5), by the Department CEO
8                    or another person.
9       (3)    The common seal of the Ministerial Body must not be affixed to
10             a document except as authorised by the Ministerial Body.
11      (4)    The common seal of the Ministerial Body must be affixed to a
12             document in the presence of the Minister and the Minister must
13             sign the document to attest that the common seal was so affixed.
14      (5)    The Ministerial Body may, by writing under its seal, authorise
15             the Department CEO or another person to execute deeds or
16             other documents on behalf of the Ministerial Body, either
17             generally or subject to any conditions or restrictions specified in
18             the authorisation.
19      (6)    A document purporting to be executed in accordance with this
20             section must be presumed to be duly executed unless the
21             contrary is shown.
22      (7)    A document executed by the Department CEO or another
23             person under this section without the common seal of the
24             Ministerial Body must not be regarded as a deed unless it is
25             executed as a deed as authorised under subsection (5).
26      (8)    When a document is produced bearing a seal purporting to be
27             the common seal of the Ministerial Body, it must be presumed
28             that the seal is the common seal of the Ministerial Body unless
29             the contrary is shown.
30      (9)    For the purposes of this Act, a facsimile of any of the following
31             may be used --
32              (a) the Ministerial Body's common seal;

     page 12
                                                         Health Services Bill 2016
                                                       The Minister         Part 2

                                                                              s. 13



1                 (b)   the Minister's signature;
2                 (c)   the signature of a person authorised under subsection (5)
3                       to execute deeds or other documents.
4     (10)       A deed or other document purporting to be endorsed with such a
5                facsimile must be regarded as bearing the facsimile under
6                subsection (9) unless the contrary is shown.

7    13.         Minister's general powers
8          (1)   In this section --
9                acquire includes taking on lease or licence or in any other
10               manner in which an interest in property may be acquired;
11               dispose of includes disposing of by way of lease or licence or in
12               any other manner in which an interest in property may be
13               disposed of;
14               joint arrangement means an arrangement entered into by the
15               Minister with a health service provider for the purposes of the
16               functions of the health service provider and which involves any
17               or all of the following --
18                 (a) enabling any property vested in the Ministerial Body to
19                        be used for the purposes of the arrangement (joint use
20                        property);
21                 (b) controlling and managing the use of joint use property
22                        for the purposes of the arrangement;
23                 (c) sharing the use of joint use property for the purposes of
24                        the arrangement.
25         (2)   For the purposes of this Act, the Minister may --
26                (a) acquire, hold, manage, improve, develop, dispose of and
27                       otherwise deal in property; and
28                (b) enter into a contract or other arrangement, including a
29                       contract or arrangement for the provision of services to
30                       or by a health service provider; and
31                (c) do all things necessary or convenient for the purpose of
32                       carrying out joint arrangements; and

                                                                          page 13
     Health Services Bill 2016
     Part 2          The Minister

     s. 14



1                 (d)    develop and turn to account any technology, software or
2                        other intellectual property and apply for, hold, exploit
3                        and dispose of any patent, patent rights, copyright or
4                        similar rights; and
5                 (e)    provide and turn to account health education and
6                        training services; and
7                  (f)   provide and turn to account advertising opportunities or
8                        opportunities to participate in arrangements in the nature
9                        of advertising or having a purpose similar to advertising;
10                       and
11                (g)    give effect to --
12                          (i) any agreement entered into by the
13                               Commonwealth with the State under the Health
14                               Insurance Act 1973 (Commonwealth); and
15                         (ii) the relevant guidelines (if any) formulated under
16                               that Act in relation to health services for the
17                               purposes of the agreement.
18         (3)   The power of the Minister to dispose of land does not extend to
19               the transfer of Crown land for an estate in fee simple.
20         (4)   In exercising any power under this Part the Minister may act in
21               conjunction with --
22                 (a) any person, firm or public authority; or
23                 (b) any department of the Public Service or any agency of
24                       the State or the Commonwealth.

25   14.         Minister's powers in relation to business arrangements
26         (1)   In this section --
27               business arrangement means a company, a partnership, a trust,
28               a joint venture, an arrangement or agreement for sharing profits
29               or an arrangement or agreement for sponsorship;
30               participate in a business arrangement includes form, promote,
31               establish, enter into, manage, dissolve, wind-up and do anything
32               incidental to the business arrangement.

     page 14
                                                        Health Services Bill 2016
                                                      The Minister         Part 2

                                                                               s. 15



1          (2)   Subject to subsection (3), the Minister may, for the purposes of
2                this Act --
3                  (a) participate in a business arrangement; and
4                  (b) acquire, hold and dispose of shares, units or other
5                        interests in or relating to a business arrangement.
6          (3)   Before the Minister exercises a power conferred by
7                subsection (2) in relation to a business arrangement the Minister
8                must --
9                  (a) notify the Treasurer of the proposal; and
10                 (b) seek the Treasurer's approval to it.
11         (4)   Subsection (3) does not apply if the terms and conditions of that
12               business arrangement are terms and conditions approved by the
13               Treasurer in respect of --
14                 (a) that business arrangement; or
15                (b) business arrangements of that class; or
16                 (c) business arrangements generally.
17         (5)   The Treasurer may, by written notice given to the Minister,
18               exempt any business arrangement or class of business
19               arrangement from the operation of subsection (3).
20         (6)   An exemption may be unconditional or on specified conditions.
21         (7)   A notice under subsection (5) may be revoked or amended by
22               the Treasurer by written notice given to the Minister.

23   15.         Delegation by Minister
24         (1)   The Minister may delegate to the Department CEO any function
25               of the Minister under another provision of this Act.
26         (2)   Without limiting the functions that may be delegated under this
27               section, they include functions that are to be exercised or
28               performed in the course of governing the affairs of the
29               Ministerial Body under section 10(4).
30         (3)   The delegation must be in writing signed by the Minister.

                                                                          page 15
     Health Services Bill 2016
     Part 2          The Minister

     s. 16



1          (4)   The Department CEO cannot delegate a function that is
2                delegated to the Department CEO under this section.
3          (5)   The exercise or performance by the Department CEO of a
4                function that has been delegated to the Department CEO under
5                this section is to be taken to be in accordance with the terms of
6                the delegation unless the contrary is shown.
7          (6)   This section does not limit the ability of the Minister to perform
8                a function through an officer or agent.

9    16.         Power to delegate under Health Legislation Administration
10               Act 1984 excluded
11               The Health Legislation Administration Act 1984 section 9 does
12               not apply to or in relation to any function of the Minister under
13               this Act.

14   17.         Role of Mental Health Minister not affected
15               Nothing in this Act affects the role of the Minister responsible
16               for the administration of the Mental Health Act 2014 in the
17               administration of that Act.




     page 16
                                                          Health Services Bill 2016
                                              The Department CEO             Part 3
                                           Role of Department CEO       Division 1
                                                                               s. 18



1                      Part 3 -- The Department CEO
2                     Division 1 -- Role of Department CEO
3    18.         Administration of this Act
4                Subject to the general control of the Minister and any directions
5                or instructions given under the PSM Act section 32 by the
6                Minister to the Department CEO, the Department CEO must
7                carry out the administration of this Act.

8    19.         Management of the WA health system
9          (1)   The WA health system is comprised of --
10                (a) the Department; and
11                (b) health service providers; and
12                (c) to the extent that contracted health entities provide
13                    health services to the State, the contracted health
14                    entities.
15         (2)   The overall management of the WA health system is the
16               responsibility of the Department CEO (the system manager
17               role).
18         (3)   The relationship between the Department CEO and the health
19               service providers is also governed by the service agreements
20               between the Department CEO and each health service provider.

21   20.         Functions of Department CEO
22         (1)   The functions of the Department CEO include --
23                (a) advising and assisting the Minister in the development
24                      and implementation of WA health system-wide
25                      planning;
26                (b) providing strategic leadership and direction for the
27                      provision of public health services in the State;




                                                                           page 17
     Health Services Bill 2016
     Part 3          The Department CEO
     Division 1      Role of Department CEO
     s. 20



1              (c)    recommending to the Minister the amounts that may be
2                     allocated from the monies appropriated from the
3                     Consolidated Account to health service providers;
4              (d)    promoting the effective and efficient use of available
5                     resources in the provision of public health services in
6                     the State;
7              (e)    carrying out certain functions of health service providers
8                     as specified in service agreements pursuant to
9                     section 51;
10              (f)   managing WA health system-wide industrial relations
11                    on behalf of the State, including the negotiation of
12                    industrial agreements, and making applications to make
13                    or vary awards;
14             (g)    subject to subsection (3), commissioning and delivering
15                    capital works and maintenance works for public health
16                    service facilities;
17             (h)    classifying, and determining the remuneration of, health
18                    executives and their offices, and varying the
19                    classification or remuneration;
20              (i)   establishing the conditions of employment for
21                    employees in health service providers in accordance
22                    with the requirements of any binding award, order or
23                    industrial agreement under the Industrial Relations
24                    Act 1979;
25              (j)   arranging for the provision of health services by
26                    contracted health entities;
27             (k)    providing support services to health service providers;
28              (l)   overseeing, monitoring and promoting improvements in
29                    the safety and quality of health services provided by
30                    health service providers;
31             (m)    monitoring the performance of health service providers,
32                    and taking remedial action when performance does not
33                    meet the expected standard;



     page 18
                                                          Health Services Bill 2016
                                              The Department CEO             Part 3
                                           Role of Department CEO       Division 1
                                                                               s. 21



1                 (n)   receiving and validating performance data and other data
2                       provided by service providers;
3                 (o)   other functions given to the Department CEO under this
4                       or another Act.
5          (2)   The conferral of a function on the Department CEO does not
6                override any other written law that relates to or affects the
7                function and in particular subsection (1)(g) has effect subject to
8                the provisions of the State Supply Commission Act 1991 and the
9                Public Works Act 1902.
10         (3)   The Department CEO must have the written agreement of the
11               Minister for Works before commissioning and delivering a
12               capital work or maintenance work under subsection (1)(g).
13         (4)   The Minister for Works may by order exempt a work, or class
14               of work, from the operation of subsection (3).
15         (5)   An exemption may be unconditional or on specified conditions.
16         (6)   An order under subsection (4) may be amended or revoked by
17               the Minister for Works.
18         (7)   In this section --
19               Minister for Works means --
20                 (a) the Minister administering the Public Works Act 1902;
21                        or
22                 (b) a person to whom the Minister has delegated any of the
23                        Minister's powers or duties under the Public Works
24                        Act 1902 section 5A.

25   21.         Powers of Department CEO
26               The Department CEO may do anything necessary or convenient
27               for the performance of the Department CEO's functions under
28               this Act.




                                                                           page 19
     Health Services Bill 2016
     Part 3          The Department CEO
     Division 1      Role of Department CEO
     s. 22



1    22.         Staff who are not public servants
2          (1)   The Department CEO may, for and on behalf of the State,
3                employ and manage persons in the Department for the purposes
4                of this Act --
5                  (a) as wages staff; or
6                  (b) as other staff.
7          (2)   Subject to any relevant award or industrial agreement, the terms
8                and conditions of employment under subsection (1)(a) or (b) are
9                to be the terms and conditions that the Department CEO
10               determines.
11         (3)   A person employed under subsection (1)(a) or (b) is not a
12               person appointed under the PSM Act Part 3.
13         (4)   Nothing in this section limits --
14                (a) the Department CEO's powers under the PSM Act; or
15                (b) health service providers' employment powers under this
16                      Act.

17   23.         Department CEO may provide, or arrange for the provision
18               of, certain services and facilities
19         (1)   The Department CEO may, on behalf of the State, enter into a
20               written contract with a non-government entity for the provision
21               of health services --
22                 (a) to the entity by the State; or
23                 (b) by the entity to the State.
24         (2)   The Department CEO may provide health services, other
25               services or facilities for any or all of the following purposes --
26                 (a) to support the WA health system;
27                 (b) to support a health service provider;
28                 (c) to enable the co-ordinated provision of health services
29                       involving more than one health service provider or on a
30                       State-wide basis.


     page 20
                                                         Health Services Bill 2016
                                             The Department CEO             Part 3
                                          Role of Department CEO       Division 1
                                                                              s. 24



1          (3)   The Department CEO may determine the charges, if any,
2                payable for any service or facilities provided by the Department
3                CEO under subsection (2).
4          (4)   The Department CEO may arrange for a health service provider
5                to use the services of any officer or employee (including by way
6                of secondment to the health service provider) --
7                  (a) in the Public Sector; or
8                  (b) in a State agency or instrumentality; or
9                  (c) otherwise in the service of the State.
10         (5)   The Department CEO may arrange for a health service provider
11               to make use of the facilities of a department of the Public
12               Service or a State agency or instrumentality.
13         (6)   An arrangement under subsection (4) or (5) must be made on
14               terms agreed to by the Department CEO, the relevant health
15               service provider and the party providing the services or
16               facilities.
17         (7)   Nothing in this section limits the Department CEO's other
18               powers under this or any other written law.

19   24.         Delegation by Department CEO
20         (1)   The Department CEO may delegate any function of the
21               Department CEO under another provision of this Act to --
22                (a) a person employed or engaged in the Department; or
23                (b) a staff member of a health service provider.
24         (2)   The Department CEO may delegate the function of the
25               Department CEO under section 20(1)(g) to a health service
26               provider.
27         (3)   The delegation must be in writing signed by the Department
28               CEO.
29         (4)   A person to whom a function is delegated under this section
30               cannot delegate that function.


                                                                          page 21
     Health Services Bill 2016
     Part 3          The Department CEO
     Division 2      Policy frameworks
     s. 25



1          (5)   A person exercising or performing a function that has been
2                delegated to the person under this section is to be taken to be in
3                accordance with the terms of the delegation unless the contrary
4                is shown.
5          (6)   This section does not limit the ability of the Department CEO to
6                perform a function through an officer or agent.

7    25.         Power to delegate under Health Legislation Administration
8                Act 1984 excluded
9                The Health Legislation Administration Act 1984 section 9 does
10               not apply to or in relation to any function of the Department
11               CEO under this Act.

12                        Division 2 -- Policy frameworks
13   26.         Department CEO may issue policy frameworks
14         (1)   In this section --
15               provision, of health services, includes the following --
16                 (a) matters that support the provision of health services,
17                        including --
18                           (i) the engagement of contracted health
19                                professionals; and
20                          (ii) private practice arrangements for health
21                                professionals;
22                 (b) the provision of health services by contracted health
23                        entities.
24         (2)   The Department CEO may issue policy frameworks to ensure
25               consistent approaches to the following --
26                 (a) service coordination and integration, and efficiency and
27                       effectiveness, in the provision of health services --
28                         (i) between health service providers; and
29                        (ii) between health service providers, the Department
30                               and other service providers;

     page 22
                                                     Health Services Bill 2016
                                        The Department CEO              Part 3
                                           Policy frameworks       Division 2
                                                                          s. 26



1           (b)    the making of service agreements, other than
2                  Commission service agreements made under section 45;
3           (c)    the provision of health services;
4           (d)    the performance and exercise of functions by health
5                  service providers;
6           (e)    financial management of health service providers;
7           (f)    employment, and termination of employment, in health
8                  service providers;
9           (g)    the movement of employees between health service
10                 providers or between a health service provider and
11                 another employer --
12                    (i) by transfer for temporary or permanent
13                         employment; or
14                   (ii) on secondment or temporary redeployment; or
15                  (iii) for training;
16          (h)    the management and administration of the Health
17                 Executive Service;
18           (i)   the engagement of health professionals by health service
19                 providers and the conditions of engagement;
20           (j)   investigations, inspections and audits under section 175;
21          (k)    the management of information, including the way in
22                 which information is collected, used and disclosed;
23           (l)   any other matter in connection with the functions of the
24                 Department CEO under this Act in respect of which the
25                 Department CEO considers it necessary or desirable to
26                 issue a policy framework.
27   (3)   A policy framework may apply to any of the following --
28          (a) the health service providers specified in the policy
29                framework;
30          (b) all health service providers;
31          (c) a type of public health service facility specified in the
32                policy framework;

                                                                      page 23
     Health Services Bill 2016
     Part 3          The Department CEO
     Division 3      Department CEO directions
     s. 27



1                 (d)   a type of public health service specified in the policy
2                       framework;
3                 (e)   a type of staff member of a health service provider.
4          (4)   The Department CEO may revoke or amend a policy
5                framework.
6          (5)   The Department CEO must ensure that each policy framework
7                is publicly available.

8    27.         Policy framework is binding
9          (1)   A policy framework is binding on each health service provider
10               to which it applies or relates.
11         (2)   A policy framework that applies to a staff member of a health
12               service provider is binding on the staff member and the health
13               service provider.

14                  Division 3 -- Department CEO directions
15   28.         Department CEO may issue directions
16         (1)   The Department CEO may issue a direction requiring
17               compliance in relation to --
18                 (a) a matter set out in a policy framework; or
19                 (b) any other matter in connection with the functions of the
20                      Department CEO under this Act in respect of which the
21                      Department CEO considers it necessary or desirable to
22                      issue directions.
23         (2)   A Department CEO direction under subsection (1)(a) may apply
24               to any person or body to which the policy framework applies.
25         (3)   A Department CEO direction under subsection (1)(b) may apply
26               to any person or body in relation to which the Department CEO
27               performs or exercises functions.




     page 24
                                                        Health Services Bill 2016
                                             The Department CEO            Part 3
                                        Department CEO directions     Division 3
                                                                             s. 29



1    29.         Relationship between Department CEO direction and other
2                instruments and directions
3          (1)   In this section --
4                Department CEO direction includes a decision made in the
5                exercise of a discretion under the direction;
6                industrial instrument means an award, industrial agreement or
7                order made under the Industrial Relations Act 1979, including a
8                General Order made under section 50 of that Act.
9          (2)   A Department CEO direction does not override --
10                (a) an industrial instrument; or
11                (b) a Commissioner's instruction under the PSM Act; or
12                (c) a direction of the Minister under section 60; or
13                (d) any other prescribed instrument.
14         (3)   If a Department CEO direction is inconsistent with a direction
15               of a responsible authority given to a chief executive under the
16               PSM Act section 32, the Department CEO direction prevails
17               over the responsible authority's direction.

18   30.         Department CEO direction is binding
19         (1)   A Department CEO direction is binding on each person or body
20               to which it applies.
21         (2)   A Department CEO direction that applies to a staff member of a
22               health service provider is binding on the staff member and the
23               health service provider.

24   31.         Department CEO direction must be given to chief executive
25               and to board
26               The Department CEO must give a Department CEO direction
27               to --
28                 (a) each person or body to which it applies; and
29                 (b) the board of any board governed provider to which it
30                     relates or applies; and

                                                                          page 25
    Health Services Bill 2016
    Part 3          The Department CEO
    Division 3      Department CEO directions
    s. 31



1             (c)   the chief executive of any chief executive governed
2                   provider to which it relates or applies.




    page 26
                                                           Health Services Bill 2016
                                            Health service providers          Part 4
                                                      Establishment      Division 1
                                                                                s. 32



1                     Part 4 -- Health service providers
2                           Division 1 -- Establishment
3    32.         Establishment of health service provider
4          (1)   The Minister may, by order published in the Gazette --
5                 (a) declare any one or more of the following to be a health
6                      service area --
7                         (i) a part of the State;
8                        (ii) a public hospital;
9                       (iii) a public health service facility;
10                      (iv) a public health service;
11                     and
12                (b) establish a health service provider for the health service
13                     area; and
14                (c) assign a corporate name to the health service provider;
15                     and
16                (d) specify whether the health service provider is to be a
17                     board governed provider or a chief executive governed
18                     provider.
19         (2)   A health service provider is a body corporate with perpetual
20               succession.
21         (3)   Proceedings may be taken by or against a health service
22               provider in its corporate name.

23   33.         Status of health service provider
24               A health service provider is an agent of the State and has the
25               status, immunities and privileges of the State.




                                                                            page 27
     Health Services Bill 2016
     Part 4          Health service providers
     Division 2      Functions and powers
     s. 34



1                       Division 2 -- Functions and powers
2    34.         Functions
3          (1)   A health service provider's main function is to provide --
4                 (a) health services stated in the service agreements for the
5                       health service provider; and
6                 (b) teaching, training and research that supports the
7                       provision of health services as agreed with the
8                       Department CEO; and
9                 (c) any other services agreed with the Department CEO.
10         (2)   A health service provider also has the following functions --
11                (a) to ensure the operations of the health service provider
12                      are carried out efficiently, effectively and economically;
13                (b) to enter into, and comply with, service agreements with
14                      the Department CEO and, if appropriate, with the
15                      Commission CEO;
16                (c) to comply with the policy frameworks and Department
17                      CEO directions that apply or relate to the health service
18                      provider;
19                (d) to contribute to the development of, and implement, WA
20                      health system-wide plans that apply to the health service
21                      provider and undertake further service planning that
22                      aligns with the WA health system-wide plans;
23                (e) to prepare and keep under review strategies --
24                         (i) for the provision of health services by the health
25                              service provider; and
26                        (ii) to promote consultation with health professionals
27                              working in the health service provider; and
28                       (iii) to promote consultation with health consumers
29                              and community members about the provision of
30                              health services by the health service provider;
31                 (f) to report to the Department CEO on the provision of
32                      health services by the health service provider;

     page 28
                                                     Health Services Bill 2016
                                      Health service providers          Part 4
                                       Functions and powers        Division 2
                                                                          s. 34



1           (g)    to monitor and improve the quality of health services
2                  provided by the health service provider;
3           (h)    to develop and implement corporate and clinical
4                  governance arrangements for the health service
5                  provider;
6            (i)   to maintain land, buildings and other assets controlled
7                  and managed by the health service provider;
8            (j)   to cooperate with other providers of health services,
9                  including providers of primary health care, in planning
10                 for, and providing, health services;
11          (k)    subject to any Department CEO direction and the State
12                 Supply Commission Act 1991, to arrange for the
13                 provision of health services by contracted health
14                 entities;
15           (l)   to manage the performance of the health service
16                 provider against the performance measures and
17                 operational targets stated in the service agreements;
18          (m)    to provide performance data, other data and any other
19                 information the Department CEO may require to the
20                 Department CEO;
21          (n)    other functions imposed under this Act or another
22                 written law;
23          (o)    other functions necessary or incidental to the functions
24                 mentioned in paragraphs (a) to (n).
25   (3)   In subsection (2)(h) --
26         clinical governance arrangements means policies, processes
27         and systems for maintaining and improving --
28           (a) patient safety, quality and care; and
29           (b) the effectiveness and dependability of services provided
30                 by a health service provider.




                                                                      page 29
     Health Services Bill 2016
     Part 4          Health service providers
     Division 2      Functions and powers
     s. 35




1    35.         Commercial activities
2          (1)   A health service provider may earn revenue by engaging in
3                commercial activities that are not inconsistent with, and do not
4                have an adverse effect on, the performance of its other
5                functions.
6          (2)   Without limiting subsection (1), a hospital service provider may
7                provide any facility under its control or management for the use
8                of a health professional to carry out a health service or other
9                service.
10         (3)   The provision of a facility under subsection (2) may be on such
11               terms and conditions, including the payment of charges, as the
12               health service provider determines from time to time.
13         (4)   When engaging, or proposing to engage, in a commercial
14               activity, a health service provider must ensure that --
15                 (a) the activity is consistent with its service agreements and
16                       any relevant policy framework; and
17                 (b) the activity is likely to be of benefit to the WA health
18                       system.
19         (5)   A health service provider may perform its functions under this
20               section in the State or elsewhere.
21         (6)   A health service provider is taken to be expressly authorised by
22               Parliament for the purposes of the State Trading Concerns
23               Act 1916 section 4(2).

24   36.         General powers
25         (1)   In this section --
26               acquire includes taking on lease or licence or in any other
27               manner in which an interest in property may be acquired;
28               business arrangement means a company, a partnership, a trust,
29               a joint venture or an arrangement or agreement for sharing
30               profits;


     page 30
                                                     Health Services Bill 2016
                                      Health service providers          Part 4
                                       Functions and powers        Division 2
                                                                          s. 36



1          dispose of includes disposing of by way of a lease or licence or
2          in any other manner in which an interest in property may be
3          disposed of;
4          participate in a business arrangement includes form, promote,
5          establish, enter into, manage, dissolve, wind-up and do anything
6          incidental to the business arrangement.
7    (2)   Subject to sections 37 and 38, a health service provider has all
8          the powers it needs to perform its functions.
9    (3)   Subject to sections 37 and 38, a health service provider may, for
10         the purpose of performing any of its functions --
11           (a) acquire, hold, manage, improve, develop or dispose of
12                 and otherwise deal in property;
13           (b) enter into a contract or other arrangement, including a
14                 contract or arrangement for the provision of services to
15                 the health service provider;
16           (c) participate in any business arrangement and acquire,
17                 hold and dispose of, shares, units, or other interests in,
18                 or relating to a business arrangement;
19           (d) produce and publish information on matters relating to
20                 its functions, including results for research and
21                 development undertaken by the health service provider,
22                 alone or collaboratively;
23           (e) produce and deal in any equipment, facilities or system
24                 associated with the performance of its functions;
25            (f) develop and turn to account any technology, software or
26                 other intellectual property that relates to its functions
27                 and, for that purpose, apply for, hold, exploit and
28                 dispose of any patent, patent rights, copyright or similar
29                 rights;
30           (g) sell advertising opportunities and enter into
31                 arrangements for sponsorship;
32           (h) use its expertise and resources to provide consultancy,
33                 advisory or other services for profit.


                                                                      page 31
     Health Services Bill 2016
     Part 4          Health service providers
     Division 2      Functions and powers
     s. 37



1          (4)   Subsection (3) does not limit subsection (2) or any of the health
2                service provider's other powers.
3          (5)   The health service provider may --
4                 (a) make any gift for a charitable purpose or any other
5                       purpose of benefit to the community or a section of the
6                       community; or
7                 (b) make any ex gratia payment that it considers to be in the
8                       health service provider's interest; or
9                 (c) accept any gift, bequest or other payment if it is
10                      absolute, or subject to conditions that the health service
11                      provider would be able to satisfy.

12   37.         Restrictions on power to dispose of land
13         (1)   In this section --
14               health service land means --
15                 (a) land vested in a health service provider under this Act;
16                        or
17                 (b) land acquired by a health service provider.
18         (2)   The power of a health service provider to dispose of land does
19               not extend to the transfer of Crown land for an estate in fee
20               simple.
21         (3)   A health service provider must have the Minister's written
22               agreement before it disposes of health service land.

23   38.         Transactions that require agreement or approval
24         (1)   In this section --
25               health service provider's liability means the amount or value of
26               the consideration or the amount to be paid or received by the
27               health service provider, ascertained as at the time when the
28               transaction is entered into;




     page 32
                                                            Health Services Bill 2016
                                             Health service providers          Part 4
                                              Functions and powers        Division 2
                                                                                 s. 39



1                transaction means --
2                  (a) the exercise of a power conferred by section 36(3)(c) in
3                       relation to a business arrangement; or
4                  (b) a transaction for which the health service provider's
5                       liability exceeds the prescribed amount.
6          (2)   An amount for the purpose of paragraph (b) of the definition of
7                transaction in subsection (1) may be prescribed by regulations
8                made on the recommendation of the Treasurer.
9          (3)   Despite section 36, a health service provider must have the
10               Minister's written agreement before it enters into a transaction
11               that is not exempt under section 39.
12         (4)   The Minister must obtain the Treasurer's approval before giving
13               a written agreement under subsection (3).

14   39.         Exemptions from section 38
15         (1)   The Minister, with the Treasurer's agreement, may by order
16               exempt a transaction or class of transaction from the operation
17               of section 38(3).
18         (2)   An exemption may be unconditional or on specified conditions.
19         (3)   An order under subsection (1) may be revoked or amended by
20               the Minister with the Treasurer's agreement.
21         (4)   An order under subsection (1) or (3) must show sufficient
22               particulars of the transaction or class of transaction to which it
23               relates to enable the transaction or class to be identified.

24   40.         Delegation
25         (1)   A health service provider may delegate any function of the
26               health service provider under another provision of this Act to --
27                 (a) a member of the health service provider's board; or
28                 (b) a committee; or
29                 (c) a staff member of the health service provider.


                                                                             page 33
     Health Services Bill 2016
     Part 4          Health service providers
     Division 2      Functions and powers
     s. 41



1          (2)   The delegation must be in writing executed by the health service
2                provider.
3          (3)   A person or committee to whom a function is delegated under
4                this section cannot delegate that function.
5          (4)   A person or committee exercising or performing a function that
6                has been delegated to the person or committee under this section
7                is to be taken to do so in accordance with the terms of the
8                delegation unless the contrary is shown.
9          (5)   This section does not limit the ability of a health service
10               provider to perform a function through an officer or agent.

11   41.         Execution of documents by health service provider
12         (1)   A health service provider must have a common seal.
13         (2)   A document is duly executed by a board governed provider if --
14                (a) the common seal of the provider is affixed to it in
15                     accordance with subsections (4) and (5); or
16                (b) it is signed on behalf of the provider by a person or
17                     persons authorised to do so under subsection (7).
18         (3)   A document is duly executed by a chief executive governed
19               provider if --
20                 (a) the common seal of the provider is affixed to it in
21                      accordance with subsections (4) and (6); or
22                 (b) it is signed on behalf of the provider by a person or
23                      persons authorised to do so under subsection (8).
24         (4)   The common seal of a health service provider must not be
25               affixed to any document except as authorised by the health
26               service provider.
27         (5)   The common seal of a board governed provider must be affixed
28               to a document in the presence of the chairperson of the board
29               and another member of the board, or the chairperson and a
30               person employed in the provider, and each of them must sign
31               the document to attest that the common seal was so affixed.

     page 34
                                                     Health Services Bill 2016
                                      Health service providers          Part 4
                                       Functions and powers        Division 2
                                                                          s. 41



1     (6)   The common seal of a chief executive governed provider must
2           be affixed to a document in the presence of the chief executive,
3           and the chief executive must sign the document to attest that the
4           common seal was so affixed.
5     (7)   A board governed provider may, by writing under its seal,
6           authorise a member or members of its board or an employee or
7           employees in the provider to execute deeds or other documents
8           on its behalf, either generally or subject to such conditions or
9           restrictions specified in the authorisation.
10    (8)   A chief executive governed provider may, by writing under its
11          common seal, authorise an employee or employees in the
12          provider to execute deeds or other documents on its behalf,
13          either generally or subject to such conditions or restrictions
14          specified in the authorisation.
15    (9)   A document purporting to be executed in accordance with this
16          section is to be presumed to be duly executed unless the
17          contrary is shown.
18   (10)   A document executed by a person under this section without the
19          common seal of the health service provider is not to be regarded
20          as a deed unless it is executed as a deed as authorised under
21          subsection (7) or (8).
22   (11)   When a document is produced bearing a seal purporting to be
23          the common seal of a health service provider, it must be
24          presumed that the seal is the common seal of the health service
25          provider unless the contrary is shown.
26   (12)   For the purposes of this Act, a facsimile of any of the following
27          may be used --
28           (a) a health service provider's common seal;
29           (b) the signature of a member of a health service provider;
30           (c) the signature of a person authorised under subsection (7)
31                  or (8) to execute deeds or other documents.



                                                                      page 35
     Health Services Bill 2016
     Part 4          Health service providers
     Division 2      Functions and powers
     s. 42



1      (13)      A deed or document purporting to be endorsed with a facsimile
2                mentioned in subsection (12) must be regarded as bearing the
3                facsimile under that subsection unless the contrary is shown.

4    42.         Contract formalities
5          (1)   Insofar as the formalities of making, varying or discharging a
6                contract are concerned, a person acting as authorised by a health
7                service provider may make, vary or discharge a contract in the
8                name of or on behalf of the health service provider in the same
9                manner as if that contract were made, varied or discharged by a
10               natural person.
11         (2)   The making or variation of a contract in accordance with
12               subsection (1) is effectual in law and binds the health service
13               provider and other parties to the contract.
14         (3)   Subsection (1) does not prevent a health service provider from
15               making, varying or discharging the contract under its common
16               seal.




     page 36
                                                     Health Services Bill 2016
                                          Service agreements            Part 5
                                                   Preliminary     Division 1
                                                                          s. 43



1                  Part 5 -- Service agreements
2                       Division 1 -- Preliminary
3    43.   Terms used
4          In this Part --
5          alcohol and drug health service means assessment, treatment,
6          management, care or rehabilitation of persons experiencing
7          alcohol or other drug use problems or co-occurring health
8          issues;
9          alcohol and drug health service provider means a health
10         service provider, but only to the extent that the health service
11         provider provides an alcohol and drug health service;
12         Commission CEO means the chief executive officer of the
13         department of the Public Service principally assisting the
14         Minister in the administration of the Mental Health Act 2014
15         and the Alcohol and Other Drugs Act 1974;
16         Commission health service means --
17           (a) a mental health service; or
18           (b) an alcohol and drug health service;
19         Commission service agreement means an agreement entered
20         into under section 45(1) or (2);
21         mental health service means treatment or care provided to
22         people who have or may have a mental illness;
23         mental health service provider means a health service provider,
24         but only to the extent that the health service provider provides a
25         mental health service;
26         mental illness has the meaning given in the Mental Health
27         Act 2014 section 6;
28         service agreement means --
29           (a) an agreement entered into under section 46(2); or
30           (b) a Commission service agreement.


                                                                      page 37
     Health Services Bill 2016
     Part 5          Service agreements
     Division 2      Commission service agreements
     s. 44



1                 Division 2 -- Commission service agreements
2    44.         Head agreement between Department CEO and
3                Commission CEO
4          (1)   The Department CEO may enter into an agreement (a head
5                agreement) with the Commission CEO concerning the making
6                of Commission service agreements during the period to which
7                the head agreement relates.
8          (2)   The head agreement must state --
9                 (a) the system-wide funding caps and performance
10                      standards that apply to the provision of Commission
11                      health services; and
12                (b) the role, responsibilities and accountability of the
13                      Department CEO in relation to the provision of
14                      Commission health services; and
15                (c) the role, responsibilities and accountability of the
16                      Commission CEO as a purchaser of Commission health
17                      services; and
18                (d) the action to be taken if the terms of a Commission
19                      service agreement are not agreed.
20         (3)   The Commission CEO and health service providers must give
21               effect to the head agreement when entering into or amending a
22               Commission service agreement.

23   45.         Commission CEO and health service provider may enter
24               into service agreement
25         (1)   The Commission CEO and a mental health service provider may
26               enter into a service agreement for the provision of mental health
27               services by the mental health service provider.
28         (2)   The Commission CEO and an alcohol and drug health service
29               provider may enter into a service agreement for the provision of
30               alcohol and drug health services by the alcohol and drug health
31               service provider.


     page 38
                                                         Health Services Bill 2016
                                               Service agreements           Part 5
                                      Service agreements generally     Division 3
                                                                              s. 46



1          (3)   The service agreement must state the following --
2                 (a) the mental health services or alcohol and drug health
3                       services (the services) to be provided to the State by the
4                       mental health service provider or alcohol and drug
5                       health service provider (the provider);
6                 (b) the teaching, training and research in support of the
7                       provision of the services to be provided by the provider;
8                 (c) the funding to be provided to the provider for the
9                       provision of the services, including the way in which the
10                      funding is to be provided;
11                (d) the performance measures and operational targets for the
12                      provision of the services by the provider;
13                (e) how the evaluation and review of results in relation to
14                      the performance measures and operational targets is to
15                      be carried out;
16                 (f) the performance data and other data to be provided by
17                      the provider to the Commission CEO and the
18                      Department CEO, including how, and how often, the
19                      data is to be provided;
20                (g) any other matter the Commission CEO considers
21                      relevant to the provision of the services by the provider.
22         (4)   A Commission service agreement is binding on the Commission
23               CEO and the provider.

24                  Division 3 -- Service agreements generally
25   46.         Department CEO and health service provider must enter
26               into service agreement
27         (1)   This section does not apply in relation to the provision of
28               Commission health services by a health service provider to the
29               extent that a Commission service agreement is in effect in
30               respect of those services.




                                                                          page 39
     Health Services Bill 2016
     Part 5          Service agreements
     Division 3      Service agreements generally
     s. 47



1          (2)   The Department CEO and a health service provider must enter
2                into a service agreement for the provision of health services by
3                the health service provider.
4          (3)   The service agreement must state the following --
5                 (a) the health services to be provided to the State by the
6                       health service provider;
7                 (b) the teaching, training and research in support of the
8                       provision of health services to be provided;
9                 (c) the funding to be provided to the health service provider
10                      for the provision of the services, including the way in
11                      which the funding is to be provided;
12                (d) the performance measures and operational targets for the
13                      provision of the services by the health service provider;
14                (e) how the evaluation and review of results in relation to
15                      the performance measures and operational targets is to
16                      be carried out;
17                 (f) the performance data and other data to be provided by
18                      the health service provider to the Department CEO,
19                      including how, and how often, the data is to be
20                      provided;
21                (g) any other matter the Department CEO considers relevant
22                      to the provision of the services by the health service
23                      provider.
24         (4)   A service agreement entered into under subsection (2) is binding
25               on the Department CEO and the health service provider.

26   47.         Department CEO may decide on terms of service agreement
27         (1)   This section applies if the Department CEO and a health service
28               provider cannot agree on some or all of the terms of a service
29               agreement that is not a Commission service agreement --
30                 (a) for the first agreement after the health service provider is
31                      established -- by a prescribed date; or



     page 40
                                                          Health Services Bill 2016
                                                Service agreements           Part 5
                                       Service agreements generally     Division 3
                                                                               s. 48



1                 (b)    for a service agreement that is to replace an existing
2                        service agreement -- at least one month before the
3                        expiry of the existing agreement.
4          (2)   If the Department CEO and the health service provider cannot
5                agree on a term of a service agreement, the Department CEO
6                must decide the term and advise the health service provider of
7                the decision.
8          (3)   A term decided under this section by the Department CEO must
9                be included in the service agreement.

10   48.         General provisions about service agreements
11         (1)   Without limiting section 45(3) or 46(3), a service agreement
12               may --
13                (a) deal with the matters stated in section 45(3) or 46(3)
14                     relating to funding provided by the Commonwealth,
15                     without the Commonwealth being a party to the
16                     agreement; and
17                (b) state the circumstances in which the health service
18                     provider (the first provider) may agree with another
19                     health service provider to provide services for the first
20                     provider.
21         (2)   A health service provider is authorised to enter into an
22               agreement with the first provider to provide services to the first
23               provider in the circumstances stated in the relevant service
24               agreement.
25         (3)   Negotiations for a service agreement that is not a Commission
26               service agreement must be conducted in accordance with the
27               relevant policy framework.
28         (4)   Negotiations for a Commission service agreement must be
29               conducted in accordance with the head agreement referred to in
30               section 44.




                                                                            page 41
     Health Services Bill 2016
     Part 5          Service agreements
     Division 3      Service agreements generally
     s. 49



1    49.         Term of service agreement
2          (1)   A service agreement must be for a term of not longer than
3                one year.
4          (2)   A service agreement that is not a Commission service
5                agreement must cover the forecast period set out in the relevant
6                policy framework.

7    50.         Procedure to amend service agreement
8          (1)   If a party to a service agreement wants to amend the terms of a
9                service agreement, the party that wants to amend the agreement
10               must give written notice of the proposed amendment to the
11               other party.
12         (2)   If the parties cannot agree on a term of the amendment, the
13               Department CEO or Commission CEO, as the case requires,
14               must decide the term and advise the health service provider of
15               the decision.
16         (3)   A term decided under this section by the Department CEO or
17               Commission CEO must be included in the service agreement.

18   51.         Service agreement may provide for Department CEO to
19               carry out specified functions
20         (1)   A service agreement may provide that the Department CEO,
21               through the Department, will perform functions of the health
22               service provider that are specified in the agreement for a period
23               specified in the agreement (the transfer period).
24         (2)   Despite any other provision of this Act or any other written law,
25               during the transfer period --
26                 (a) the Department CEO may perform the functions
27                       mentioned in subsection (1) as if the Department CEO
28                       were the health service provider; and
29                (b) the health service provider is not required to perform the
30                       functions mentioned in subsection (1).


     page 42
                                                         Health Services Bill 2016
                                               Service agreements           Part 5
                                      Service agreements generally     Division 3
                                                                              s. 52



1          (3)   The Department CEO has power to do all things that are
2                necessary or convenient to be done for or in connection with the
3                performance of the functions mentioned in subsection (1) during
4                the transfer period.

5    52.         Review and report on service agreements
6          (1)   A health service provider must report the results of the service
7                provider's performance under a service agreement during the
8                year covered by the service agreement within 3 months after the
9                end of that year.
10         (2)   The report must be given to the Department CEO and, if the
11               report relates to a Commission service agreement, to the
12               Commission CEO.
13         (3)   The Department CEO and Commission CEO, if the case
14               requires, must evaluate and review the results of the health
15               service provider's performance under a service agreement for
16               each year covered by a service agreement.

17   53.         Other agreements for provision of services
18               Nothing in this Part limits the power of a health service provider
19               to enter into an agreement to provide services under section 35
20               or 36.




                                                                           page 43
     Health Services Bill 2016
     Part 6          Fees and charges for health services and other matters

     s. 54



1          Part 6 -- Fees and charges for health services and
2                           other matters
3    54.         Effect of National Health Agreement
4                In performing or exercising any function under this Part, the
5                Minister and health service providers must have regard to the
6                National Health Agreement.

7    55.         Fees and charges for the provision of health services
8          (1)   In this section --
9                non-chargeable health service means --
10                 (a) a health service provided to a person in respect of which
11                        it has been agreed under the National Health Agreement
12                        that the person is not to be charged, but only if the
13                        Agreement is in force at the time the service is provided;
14                        and
15                 (b) a health service in respect of which the Minister has
16                        made an order under section 56(2)(b), but only if the
17                        order is in force at the time the service is provided.
18         (2)   Except as provided in subsection (5), a health service provider
19               may impose a fee or charge for the provision of a health service
20               by the health service provider.
21         (3)   A health service provider may determine the amount of the fee
22               or charge for a health service it provides if --
23                 (a) a fee or charge for the provision of a health service has
24                       not been fixed in a scale under section 56; and
25                 (b) the health service is not a non-chargeable health service.
26         (4)   If a fee or charge for the provision of a health service has been
27               fixed in a scale under section 56, the fee or charge imposed by
28               the health service provider must not exceed the fee or charge
29               fixed in the scale.



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                 Fees and charges for health services and other matters          Part 6

                                                                                  s. 56



1          (5)     A health service provider does not have the authority to charge
2                  fees for the provision of non-chargeable health services.

3    56.           Minister may fix fees and charges
4          (1)     In this section --
5                  specified means specified in the order.
6          (2)     The Minister may, by order published in the Gazette --
7                   (a) fix a scale of fees and charges for the provision of health
8                        services by health service providers; and
9                   (b) provide that no fees or charges are payable in respect
10                       of --
11                          (i) a specified health service or class of health
12                               service; or
13                         (ii) a health service rendered to a specified class of
14                               patient; or
15                        (iii) a health service in respect of any specified public
16                               hospital or class of public hospital.
17         (3)     The Minister may amend or revoke an order made under
18                 subsection (2).
19         (4)     The order may adopt by reference any scale of fees or charges
20                 (as in force at a particular time or as in force from time to time)
21                 fixed or determined by a Commonwealth authority or body.
22         (5)     An adoption under subsection (4) may be wholly or in part and
23                 with or without modification.
24         (6)     The order may --
25                  (a) define classes of patient and classes of service; and
26                  (b) adopt for the purposes of referring to a class of patient
27                        or class of service any definition in any law of the
28                        Commonwealth; and
29                  (c) discriminate between classes of patient and classes of
30                        service and according to the circumstances in which a


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     Part 6          Fees and charges for health services and other matters

     s. 57



1                       service is provided and in respect of the class of patient
2                       to whom it is provided; and
3                 (d)   fix different fees and charges according to the public
4                       hospital or class of public hospital in which or on behalf
5                       of which a service or class of service is provided; and
6                 (e)   provide that the charges for any health services provided
7                       in respect of any specified class of patient at or by a
8                       public hospital are to be of an amount determined by the
9                       Minister or another specified person according to the
10                      cost of providing the health service.
11         (7)   An order made under subsection (2) is subsidiary legislation for
12               the purposes of the Interpretation Act 1984.
13         (8)   The Interpretation Act 1984 section 42 applies to an order made
14               under subsection (2) as if the order were a regulation.

15   57.         Liability of persons for health service fees and charges
16         (1)   A fee or charge imposed under section 55 is payable by or on
17               behalf of the person who received the health service.
18         (2)   A health service provider may waive, or refund, the whole or
19               any part of a fee or charge.

20   58.         Regulations about payment by compensable persons
21         (1)   In this section --
22               claimant, in relation to compensation, means the person seeking
23               compensation either on the person's own behalf or on behalf of
24               another person;
25               compensable person means --
26                 (a) an individual who is entitled to receive or has received a
27                        compensation payment in respect of an injury; or
28                 (b) if the individual has died -- the individual's estate;
29               compensation has the meaning given by the regulations;
30               injury includes an illness or disease.


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           Fees and charges for health services and other matters          Part 6

                                                                            s. 58



1    (2)     The regulations may --
2             (a) specify the circumstances in which payment for the
3                   provision of health services by a health service provider
4                   may be recovered by the health service provider from
5                   compensation paid or payable to a compensable person;
6                   and
7             (b) specify the manner in which the payment is to be
8                   apportioned if --
9                      (i) liability for the injury is apportioned in a
10                          judgment or settlement; or
11                    (ii) a component of the compensation is specified to
12                          be for expenses that have already been incurred;
13                  and
14            (c) require the chief executive of the health service provider
15                  to give notice to prescribed persons of the intention to
16                  recover the payment; and
17            (d) require prescribed persons to give information to the
18                  chief executive of the health service provider about
19                  matters related to the claim for compensation and the
20                  health services that have been provided to the claimant;
21                  and
22            (e) specify the manner in which it is to be determined
23                  whether or not a health service was provided in the
24                  course of treatment of, or as a result of, the injury the
25                  claimant claims to have suffered; and
26             (f) provide for the recovery of the payment from the
27                  claimant, or insurers or other compensation payers; and
28            (g) provide for the recovery of payments that are not made
29                  in accordance with the regulations.
30   (3)     The regulations may apply irrespective of whether the health
31           services were provided before or after it is determined that the
32           person to whom the health services were provided is a
33           compensable person.


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     s. 59



1          (4)   A reference in this section, or regulations made under this
2                section, to a person receiving a compensation payment includes
3                a reference to another person receiving it on behalf of, or at the
4                direction of, the first person.
5          (5)   If a claimant is seeking compensation on behalf of another
6                person --
7                   (a) references in this section, or regulations made under this
8                         section, to health services provided to the claimant are
9                         taken to be references to health services provided to the
10                        individual who is claimed to have suffered the injury;
11                        and
12                 (b) references in this section, or regulations made under this
13                        section, to the claimant's injury are taken to be
14                        references to the injury in question.

15   59.         Fees and charges for other services, goods and facilities
16         (1)   Subject to subsection (2), a health service provider may
17               determine, impose and collect a fee or charge for --
18                 (a) the provision of services other than health services;
19                 (b) the provision or use of goods and materials other than
20                      goods and materials that are part of a health service;
21                 (c) the use of facilities other than facilities that are part of a
22                      health service.
23         (2)   If a fee or charge is prescribed under section 230(2)(c) in
24               respect of a matter referred to in subsection (1)(a), (b) or (c)
25               (including in relation to a matter referred to in
26               section 210(3)(b)(i)), a health service provider cannot impose a
27               fee or charge that differs from the prescribed fee or charge.
28         (3)   Nothing in this section limits the powers of a health service
29               provider to enter into an agreement to provide services, goods or
30               facilities under section 35 or 36.




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                               Accountability and financial provisions          Part 7
                                                       Accountability      Division 1
                                                                                  s. 60



1          Part 7 -- Accountability and financial provisions
2                            Division 1 -- Accountability
3    60.         Minister may give directions
4          (1)   Subject to subsection (2), the Minister may give written
5                directions to a health service provider with respect to the
6                performance or exercise of its functions, either generally or in
7                relation to a particular matter, and the health service provider
8                must give effect to the direction.
9          (2)   A direction given under this section cannot be --
10                (a) about the nature of a health service to be provided to a
11                      particular person; or
12                (b) in any other way in respect of a particular person.
13         (3)   The health service provider must comply with a direction given
14               under this section.
15         (4)   The text of a direction given under subsection (1) must --
16                (a) be laid before each House of Parliament, or dealt with
17                      under section 229, within 14 days after the direction is
18                      given; and
19                (b) be included in the annual report submitted by the
20                      accountable authority in respect of the health service
21                      provider under the Financial Management Act 2006
22                      Part 5.

23   61.         Minister to have access to information
24         (1)   In this section --
25               document includes any tape, disk or other device or medium on
26               which information is recorded or stored;
27               information means information specified, or of a description
28               specified, by the Minister that relates to the functions of a health
29               service provider.


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     Health Services Bill 2016
     Part 7          Accountability and financial provisions
     Division 1      Accountability
     s. 61



1       (2)    The Minister is entitled --
2               (a) to have information in the possession of a health service
3                    provider; and
4               (b) if the information is in or on a document, to have, and
5                    make and retain copies of, that document.
6       (3)    For the purposes of subsection (2), the Minister may --
7               (a) request the health service provider to furnish
8                      information to the Minister; and
9               (b) request the health service provider to give the Minister
10                     access to information; and
11              (c) for the purposes of paragraph (b) make use of the
12                     employees in the health service provider to obtain the
13                     information and furnish it to the Minister.
14      (4)    The health service provider must comply with a request under
15             subsection (3) and make employees and facilities available to
16             the Minister for the purposes of subsection (3)(c).
17      (5)    This section does not entitle the Minister to have personal
18             information unless --
19               (a) disclosure of the information is required by some other
20                    written law; or
21               (b) the information is about an individual who consents to
22                    the Minister having the information; or
23               (c) the information is for the purpose of enabling or
24                    assisting the Minister to respond to or deal with a
25                    complaint or query made by the individual; or
26               (d) the information is for the purpose of enabling or
27                    assisting the Minister to --
28                       (i) prepare for, answer, respond to or deal with a
29                            question asked or matter raised by a member of
30                            Parliament, whether in a House of Parliament or
31                            otherwise; or



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                                 Accountability and financial provisions          Part 7
                                                   Financial provisions      Division 2
                                                                                    s. 62



1                         (ii)    comply with a written law, or an order or
2                                 resolution of a House of Parliament, that requires
3                                 information to be furnished to a House of
4                                 Parliament.

5                        Division 2 -- Financial provisions
6    62.         Application of Financial Management Act 2006 and Auditor
7                General Act 2006
8          (1)   Except as provided in subsection (2), the provisions of the
9                Financial Management Act 2006 and the Auditor General
10               Act 2006 regulating the financial administration, audit and
11               reporting of statutory authorities apply to and in respect of
12               health service providers and their operations.
13         (2)   The Financial Management Act 2006 section 36(3) does not
14               apply to money that comes into the possession of or under the
15               control of a person employed in a health service provider in
16               prescribed circumstances if the amount of the money is less than
17               the amount approved under subsection (3).
18         (3)   The Minister may, with the consent of the Treasurer, approve an
19               amount for the purposes of subsection (2).

20   63.         Health funding arrangements under the National Health
21               Agreement
22               The National Health Funding Pool Act 2012 contains
23               provisions relating to health funding arrangements.

24   64.         Health service provider account
25         (1)   An account called the (name of health service provider)
26               Account is to be established as an agency special purpose
27               account under the Financial Management Act 2006 section 16
28               for each health service provider.




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     Health Services Bill 2016
     Part 7          Accountability and financial provisions
     Division 2      Financial provisions
     s. 65



1          (2)   Money received by the health service provider is to be credited
2                to, and money paid by the health service provider is to be
3                debited to, the Account.
4          (3)   Subsection (2) does not apply in respect of money for specific
5                purposes or held on trust that the health service provider is
6                obliged to credit to a separate agency special purpose account
7                established under the Financial Management Act 2006
8                section 16.

9    65.         Health service provider's funds
10         (1)   Subject to subsection (2), the funds available for the purpose of
11               enabling a health service provider to perform or exercise its
12               functions under this or any other Act consist of money that is,
13               under this Act or any other Act, lawfully received by or made
14               available to, the health service provider.
15         (2)   Where any money has been accepted by the health service
16               provider upon trust or lawful condition, the health service
17               provider must apply the money in accordance with the trust or
18               condition and is authorised by this section to do so.

19   66.         Notice of financial difficulty
20         (1)   If the board of a board governed provider or the chief executive
21               of a chief executive governed provider forms the opinion that
22               the health service provider is unable to, or will be unlikely to be
23               able to, satisfy any of its financial obligations from the financial
24               resources available or likely to be available to it at the time the
25               financial obligation is due, the board or chief executive must
26               notify the Department CEO.
27         (2)   The notice must be in writing, giving reasons for the opinion of
28               the board or chief executive.
29         (3)   The Department CEO must forward the notice to the Minister.




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                               Accountability and financial provisions          Part 7
                                                 Financial provisions      Division 2
                                                                                  s. 67



1          (4)   Within 7 days of receipt of the notice, the Minister must --
2                 (a) confer with the Treasurer and the health service provider
3                       for the purpose of determining what action is required to
4                       ensure that the health service provider is able to satisfy
5                       the relevant financial obligation when it is due; and
6                 (b) initiate such action as is required to ensure that the
7                       health service provider is able to satisfy the relevant
8                       financial obligation when it is due.
9          (5)   For the purposes of subsection (4) the Minister may give the
10               health service provider a direction under section 60 requiring
11               the health service provider to cease or limit the performance or
12               exercise of any function.

13   67.         Department CEO's power to require financial information
14         (1)   The Department CEO may direct the accountable authority or
15               an employee in a health service provider to provide the
16               Department CEO with any information relating to the financial
17               management of the health service provider that the Department
18               CEO thinks necessary for the purposes of this Act.
19         (2)   An accountable authority or employee given a direction under
20               subsection (1) must provide the information to the Department
21               CEO within the period and in the manner and form directed by
22               the Department CEO.

23   68.         Various documents exempt from duty
24               The following documents are exempt from duty under the
25               Duties Act 2008 --
26                (a) receipts given by and on behalf of the Department or a
27                       health service provider in relation to a public hospital;
28                (b) declarations required or authorised under this Act in
29                       relation to a public hospital;
30                (c) agreements entered into under this Act in relation to a
31                       public hospital.


                                                                              page 53
     Health Services Bill 2016
     Part 7          Accountability and financial provisions
     Division 2      Financial provisions
     s. 69



1    69.         Local governments may fund health services
2          (1)   In this section --
3                medical practitioner means a person registered under the
4                Health Practitioner Regulation National Law (Western
5                Australia) in the medical profession.
6          (2)   A local government has power to expend and apply, or to enter
7                into an agreement to expend and apply, a portion of its general
8                rates for any of the following --
9                  (a) in subsidising health services;
10                 (b) in or towards the construction or acquisition,
11                       establishment, and maintenance of premises for the
12                       provision of health services;
13                 (c) in subsidising a district nursing scheme;
14                 (d) in contributing towards a subsidy or providing a subsidy
15                       to secure the services of a medical practitioner.
16         (3)   Despite subsection (2) --
17                (a) the maximum portion of the general rates to be
18                      expended or applied under that subsection is 10% of the
19                      average annual amount received by the local
20                      government from general rates during the last 2 financial
21                      years preceding the year in which the amount is
22                      expended or applied; and
23                (b) an agreement under that subsection is not valid if it
24                      purports to bind the local government to expend or
25                      apply in any year a sum exceeding 10% of the average
26                      annual amount received by it from general rates during
27                      the last 2 financial years preceding the year in which the
28                      undertaking was given.
29         (4)   The term of an agreement entered into for the purposes of
30               subsection (2) must not exceed 5 years.




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                          Accountability and financial provisions          Part 7
                                            Financial provisions      Division 2
                                                                             s. 69



1     (5)   An agreement entered into for the purposes of subsection (2)
2           may be renewed during the last year of the agreement (with or
3           without modification) for a term not exceeding 5 years.
4     (6)   A local government is authorised to borrow money for the
5           construction, enlargement, improvement, and equipment of a
6           hospital within the area of the local government.
7     (7)   The provisions of the Local Government Act 1995 relating to
8           the borrowing of money apply to the borrowing of money under
9           subsection (6).
10    (8)   This section does not prejudice any power vested in a local
11          government by or under any other Act.
12    (9)   The powers of a local government vested in it by or under the
13          Local Government Act 1995 are to be taken to be extended to
14          give effect to this section.
15   (10)   The local governments of 2 or more districts the boundaries of
16          which are adjacent, may enter into an agreement between
17          themselves and the Minister for the purposes of this section.
18   (11)   This section does not apply to or in relation to a public hospital
19          or proposed public hospital unless the Minister has given --
20            (a) prior approval in relation to the application of this
21                 section to or in relation to the public hospital or
22                 proposed public hospital; and
23            (b) a valid undertaking to provide at least one-half of the
24                 capital costs involved.




                                                                         page 55
     Health Services Bill 2016
     Part 8          Administration of health service providers
     Division 1      Governance
     s. 70



1      Part 8 -- Administration of health service providers
2                             Division 1 -- Governance
3    70.         Health service provider may be governed by board or chief
4                executive
5          (1)   If an order made under section 32(1)(d) specifies that a health
6                service provider is to be a board governed provider --
7                   (a) the health service provider must have a board; and
8                  (b) the board --
9                          (i) is the governing body of the health service
10                              provider; and
11                        (ii) in the name of the health service provider, is to
12                              perform or exercise the functions of the health
13                              service provider under this Act or any other
14                              written law.
15         (2)   If an order made under section 32(1)(d) specifies that a health
16               service provider is to be a chief executive governed provider --
17                  (a) the health service provider must not have a board; and
18                 (b) the chief executive --
19                         (i) is the governing body of the health service
20                              provider; and
21                        (ii) in the name of the health service provider, is to
22                              perform or exercise the functions of the health
23                              service provider under this Act or any other
24                              written law.

25                               Division 2 -- Boards
26                  Subdivision 1 -- Constitution and procedures
27   71.         Constitution of health service provider's board
28         (1)   A health service provider's board consists of at least 6 but not
29               more than 10 persons appointed as members by the Minister.

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                                                         Boards      Division 2
                                                                            s. 71



1    (2)   Before appointing a member the Minister must seek and have
2          regard to the recommendation of the Department CEO.
3    (3)   The Minister must ensure that --
4           (a) at least 3 members are health professionals, and at least
5                2 of them are practising health professionals; and
6           (b) each other member has a relevant qualification needed
7                to enable the health service provider's functions under
8                this Act to be effectively performed.
9    (4)   In subsection (3)(a) --
10         practising health professional means a person who --
11           (a) is a health professional registered under the Health
12                 Practitioner Regulation National Law (Western
13                 Australia), other than as a student; and
14           (b) is currently directly or indirectly providing care or
15                 treatment to persons.
16   (5)   A relevant qualification for the purposes of subsection (3)(b) is
17         one or more of the following --
18           (a) expertise and experience in health management,
19                business management, financial management or human
20                resource management;
21          (b) legal expertise;
22           (c) expertise and experience in the provision of clinical or
23                other health services;
24          (d) expertise and experience in primary health care;
25           (e) expertise in the education and training of health
26                professionals;
27           (f) knowledge and experience of the community serviced
28                by the health service provider;
29          (g) any other background, skills, expertise, knowledge or
30                experience that will enable the effective performance of
31                the health service provider's functions.


                                                                        page 57
     Health Services Bill 2016
     Part 8          Administration of health service providers
     Division 2      Boards
     s. 72



1          (6)   The following persons are not eligible to be appointed as
2                members of a health service provider's board --
3                 (a) a staff member of the health service provider;
4                 (b) an employee in the Department;
5                 (c) an employee in the department of the Public Service
6                        principally assisting in the administration of the Mental
7                        Health Act 2014;
8                 (d) an employee in the department of the Public Service
9                        principally assisting in the administration of the Alcohol
10                       and Other Drugs Act 1974.

11   72.         Chairperson and deputy chairperson
12         (1)   The Minister must designate --
13                (a) a member of a board to be the chairperson of the board;
14                     and
15                (b) another member to be deputy chairperson of the board.
16         (2)   A member of a board may be designated as the chairperson or
17               deputy chairperson at the same time as the person is appointed
18               as a member or at any time after the person is appointed as a
19               member.
20         (3)   Subject to this Subdivision, the chairperson or deputy
21               chairperson holds office for the term, ending not later than the
22               term of appointment as a member, stated in the instrument of
23               designation as chairperson or deputy chairperson.
24         (4)   A vacancy arises in the office of chairperson or deputy
25               chairperson of a board if the person holding the office --
26                 (a) resigns office by written resignation given to the
27                      Minister; or
28                 (b) ceases to be a member of the board.
29         (5)   A person resigning the office of chairperson or deputy
30               chairperson of a board may continue to be a member of the
31               board.

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                                                              Boards      Division 2
                                                                                 s. 73



1    73.         Deputy chairperson acting as chairperson
2          (1)   The deputy chairperson of a board must act as chairperson of
3                the board --
4                  (a) during a vacancy in the office of chairperson; and
5                  (b) during all periods when the chairperson is absent from
6                       duty or for another reason cannot perform the duties of
7                       the office.
8          (2)   An act or omission of the deputy chairperson acting in the place
9                of the chairperson is not to be questioned on the ground that the
10               occasion for acting had not arisen or had ceased.

11   74.         Alternate members
12         (1)   In this section --
13               cause includes --
14                 (a) illness; and
15                 (b) absence; and
16                 (c) the operation of section 81(1).
17         (2)   If a member of a board other than the chairperson is unable for
18               any cause to act as a member, the Minister may appoint another
19               person as an alternate member to act temporarily in the
20               member's place.
21         (3)   If the deputy chairperson of a board is unable for any cause to
22               act in the place of the chairperson at a meeting --
23                  (a) the members present may elect one of their number to
24                        act as chairperson; and
25                 (b) subsection (2) applies as if the member elected were
26                        absent from the meeting.
27         (4)   While acting in accordance with the appointment the alternate
28               member is to be taken to be, and to have any entitlement of, a
29               member.



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     Part 8          Administration of health service providers
     Division 2      Boards
     s. 75



1          (5)   An act or omission of an alternate member cannot be questioned
2                on the ground that the occasion for the appointment or acting
3                had not arisen or had ceased.

4    75.         Remuneration and allowances
5                A member of a board is entitled to be paid any remuneration
6                and allowances that the Minister may determine on the
7                recommendation of the Public Sector Commissioner.

8    76.         Term of office
9          (1)   Subject to section 77, a member of a board holds office for the
10               term, not exceeding 3 years, fixed in the member's instrument
11               of appointment.
12         (2)   A member is eligible for reappointment but cannot hold office
13               for more than 9 consecutive years.
14         (3)   A member of a board whose term of office expires without a
15               person having been appointed to fill the vacancy continues in
16               office until whichever of the following occurs first --
17                 (a) a person is appointed to fill the vacancy;
18                 (b) a period of 3 months elapses after the expiry of the term
19                       of office.
20         (4)   Subsection (3) ceases to apply if the member resigns or is
21               removed from office.

22   77.         Casual vacancies
23         (1)   In this section --
24               misconduct includes conduct that renders the member of a
25               board unfit to hold office as a member even though the conduct
26               does not relate to a duty of the office.
27         (2)   The office of a member of a board becomes vacant if the
28               member --
29                (a) dies, resigns or is removed from office under this
30                      section; or

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                                                                Boards      Division 2
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1                   (b)   is, according to the Interpretation Act 1984 section 13D,
2                         a bankrupt or a person whose affairs are under
3                         insolvency laws; or
4                   (c)   is convicted of an offence punishable by imprisonment
5                         for more than 12 months; or
6                   (d)   is convicted of an offence under section 80(1).
7          (3)    A member of a board may at any time resign from office by
8                 written resignation given to the Minister.
9          (4)    The Minister may remove a member of a board from office on
10                the grounds of --
11                  (a) neglect of duty; or
12                  (b) misconduct or incompetence; or
13                  (c) mental or physical incapacity, other than temporary
14                        illness, impairing the performance of the member's
15                        duties; or
16                  (d) absence, without leave, from 3 consecutive board
17                        meetings of which the member has had notice.

18   78.          Leave of absence
19                A board may, on any terms and conditions it thinks fit, grant a
20                member of the board leave to be absent from office.

21               Subdivision 2 -- Impartiality and disclosure of material
22                                 personal interest

23   79.          Members must act in public interest
24         (1)    A member of a board or committee must act impartially and in
25                the public interest in the exercise of the member's functions as a
26                member.
27         (2)    Accordingly a member must put the public interest before the
28                interest of the health service provider.




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1    80.         Disclosure of material personal interest
2          (1)   A member of a board who has a material personal interest in a
3                matter being considered or about to be considered by the board
4                must, as soon as possible after the relevant facts have come to
5                the member's knowledge, disclose the nature of the interest at a
6                meeting of the board.
7                Penalty for this subsection: a fine of $25 000.
8          (2)   A member of a committee who has a material personal interest
9                in a matter being considered or about to be considered by the
10               committee must, as soon as possible after the relevant facts have
11               come to the member's knowledge, disclose the nature of the
12               interest at a committee meeting.
13               Penalty for this subsection: a fine of $25 000.
14         (3)   Subsection (2) applies to a person who is a member of the
15               committee and also a member of the board even though the
16               person has already disclosed the nature of the interest at a board
17               meeting.
18         (4)   A disclosure under subsection (1) or (2) must be recorded in the
19               minutes of the meeting.

20   81.         Voting by interested member
21         (1)   A member of a board or a committee who has a material
22               personal interest in a matter being considered or about to be
23               considered by the board or the committee --
24                 (a) must not vote, whether at a meeting or otherwise, on the
25                      matter; and
26                 (b) must not be present while the matter is being considered
27                      at the meeting.
28         (2)   A reference in subsection (1)(a) or (b) to a matter includes a
29               reference to a proposed resolution under section 82 in respect of
30               the matter, whether relating to that member or a different
31               member.


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                                                               Boards      Division 2
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1    82.         Section 81 may be declared inapplicable
2                Section 81 does not apply if --
3                  (a) a member has disclosed under section 80 an interest in a
4                       matter; and
5                 (b) the board or committee, as the case requires, has at any
6                       time passed a resolution that --
7                          (i) specifies the member, the interest and the matter;
8                               and
9                         (ii) states that the members voting for the resolution
10                              are satisfied that the interest is so trivial or
11                              insignificant as to be unlikely to influence the
12                              disclosing member's conduct and should not
13                              disqualify the member from considering or
14                              voting on the matter.

15   83.         Quorum where section 81 applies
16         (1)   Despite section 86, if a member of a board is disqualified under
17               section 81 in relation to a matter, a quorum is present during the
18               consideration of the matter if at least half the number of
19               members who are entitled to vote on any motion that may be
20               moved at the meeting in relation to the matter are present.
21         (2)   The Department CEO may deal with a matter insofar as the
22               Board cannot deal with it because of subsection (1).

23   84.         Minister may declare sections 81 and 83 inapplicable
24         (1)   The Minister may by writing declare that section 81 or 83 or
25               both of them do not apply in relation to a specified matter either
26               generally or in voting on particular resolutions.
27         (2)   The Minister must cause a copy of the declaration to be laid
28               before each House of Parliament, or dealt with under
29               section 229, within 14 sitting days after the declaration is made.




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     Division 2      Boards
     s. 85



1                             Subdivision 3 -- Meetings

2    85.         Holding meetings
3          (1)   The first meeting of a board is to be convened by its chairperson
4                and subsequent meetings, unless convened under subsection (2),
5                are to be held at times and places determined by the board.
6          (2)   A special meeting of a board may at any time be convened by
7                its chairperson.

8    86.         Quorum
9                A number of members of a board equal to at least half the
10               number of members in office constitutes a quorum of the board.

11   87.         Procedure at meetings
12               A board must determine its own meeting procedures to the
13               extent that they are not fixed by this Act.

14   88.         Voting
15         (1)   At a meeting of a board, each member present has a deliberative
16               vote unless section 81 prevents the member from voting.
17         (2)   In the case of an equality of votes, the member presiding has a
18               casting vote in addition to a deliberative vote.
19         (3)   A question is resolved according to how a majority of the votes
20               are cast.

21   89.         Holding meetings remotely
22               The presence of a person at a meeting of a board need not be by
23               attendance in person but may be by that person and each other
24               person at the meeting being simultaneously in contact by
25               telephone or other means of instantaneous communication.




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                                                                                 s. 90



1    90.         Resolution without meeting
2                A resolution in writing signed or assented to in writing by at
3                least half of the number of members of a board in office has the
4                same effect as if it had been passed at a meeting of the board.

5    91.         Minutes
6                A board must cause accurate minutes to be kept of the
7                proceedings at each of its meetings.

8                            Subdivision 4 -- Committees

9    92.         Committees
10         (1)   A board governed provider --
11                (a) may appoint committees to assist it to perform its
12                      functions; and
13                (b) may discharge or alter any committee it has appointed.
14         (2)   A committee may include persons who are not members of the
15               board of the health service provider but must include at least
16               one member of the board.
17         (3)   A person who is a staff member of a board governed provider is
18               not eligible to be a member of a committee of the board
19               governed provider.
20         (4)   A board governed provider may give directions to a committee
21               on the following matters --
22                 (a) the functions to be performed by the committee;
23                (b) the committee's procedures;
24                 (c) reporting by the committee on the performance of its
25                       functions.
26         (5)   A committee must comply with a direction of the board
27               governed provider.
28         (6)   A committee may determine its own procedures but they must
29               be consistent with any directions of the board governed provider

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     s. 93


1                and the terms of any delegation under which the committee is
2                acting.

3    93.         Remuneration and allowances
4                A member of a committee is entitled to be paid any
5                remuneration and allowances that the Minister may determine
6                on the recommendation of the Public Sector Commissioner.

7    Division 3 -- Appointment of advisers to board, administrators,
8                         dismissal of board
9    94.         Terms used
10               In this Division --
11               administrator means an administrator appointed under
12               section 99;
13               adviser means an adviser appointed under section 95.

14   95.         Minister may appoint advisers to boards
15         (1)   The Minister may appoint a person to be an adviser to a board if
16               the Minister considers that the adviser may assist the board to
17               improve the performance of --
18                 (a) the board; or
19                 (b) the health service provider governed by the board.
20         (2)   The Minister must not appoint more than 2 persons to be
21               advisers to a board at the same time.
22         (3)   In deciding whether to appoint an adviser to a board, the
23               Minister may have regard to the performance of the board or the
24               health service provider governed by the board in relation to the
25               following --
26                 (a) the safety and quality of health services being provided
27                       by the health service provider;




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      Appointment of advisers to board, administrators, dismissal of     Division 3
                                                              board
                                                                                s. 96


1                 (b)    the way in which the health service provider is
2                        complying with a service agreement for the health
3                        service provider;
4                  (c)   the financial management of the health service provider.

5    96.         Terms and conditions of appointment as adviser
6          (1)   An adviser holds office for the period (not exceeding one year)
7                specified in the adviser's instrument of appointment.
8          (2)   An adviser is entitled to be paid remuneration and allowances
9                determined by the Minister on the recommendation of the
10               Public Sector Commissioner.
11         (3)   An adviser may resign from office by written resignation given
12               to the Minister.

13   97.         Functions of advisers
14         (1)   The functions of an adviser to a board are --
15                (a) to attend board meetings; and
16                (b) to provide information and advice to the board to assist
17                      it in performing its functions under this Act; and
18                (c) to advise the Minister and the Department CEO on any
19                      matter relating to the performance of the board or the
20                      health service provider governed by the board.
21         (2)   An advisor to a board is not a member of the board but
22               sections 80(1) and 81(1)(b) apply to an adviser as if the adviser
23               were a member of the board.

24   98.         Obligations of board in relation to advisers
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                (a) to attend all meetings of the board; and


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1                 (b)   to provide information and advice to the board during
2                       meetings.

3    99.         Minister may appoint administrator for health service
4                provider
5          (1)   In this section --
6                qualified person means a person the Minister considers has the
7                necessary qualifications and experience to administer a health
8                service provider.
9          (2)   This section applies --
10                (a) if the members of a health service provider's board are
11                      dismissed under section 102; or
12                (b) if at any other time there are no members of a health
13                      service provider's board; or
14                (c) if, in the case of a board governed provider, a board has
15                      not been appointed.
16         (3)   The Minister may appoint the Department CEO, the chief
17               executive of the health service provider or another qualified
18               person to administer the health service provider.

19   100.        Terms and conditions of appointment as administrator
20         (1)   An administrator is entitled to be paid remuneration and
21               allowances determined by the Minister on the recommendation
22               of the Public Sector Commissioner.
23         (2)   The Minister may revoke the appointment of an administrator
24               for any reason before the term of appointment expires, either to
25               appoint a different person as administrator or to appoint new
26               members of a board of the health service provider.
27         (3)   The regulations may make provision with respect to
28               administrators.




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                                                                              s. 101


1    101.     Role of administrator
2       (1)   An administrator must administer the health service provider's
3             affairs for the term stated in the administrator's instrument of
4             appointment.
5       (2)   The functions of an administrator are subject to any conditions
6             that may be specified in the administrator's instrument of
7             appointment.
8       (3)   While the appointment continues, the administrator is to be
9             taken to constitute the board instead of the members.

10   102.     Minister may dismiss all members of board
11      (1)   The Minister may, at any time, dismiss all the members of the
12            board of a health service provider.
13      (2)   If the Minister acts under subsection (1) all of the offices of the
14            members become vacant.
15      (3)   The Minister may act under subsection (1) only if the Minister
16            is satisfied that --
17              (a) the health service provider has failed to perform its
18                     functions effectively; or
19              (b) the health service provider has negligently or wilfully
20                     failed to comply with a service agreement; or
21              (c) the health service provider has failed to comply with a
22                     direction given by the Minister under section 60.
23      (4)   No compensation is payable to a member of the board in
24            relation to the dismissal of the member from the board under
25            this section.




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     Part 9          Health service provider employment
     Division 1      Preliminary
     s. 103



1           Part 9 -- Health service provider employment
2                           Division 1 -- Preliminary
3    103.      Term used: employing authority
4       (1)    In this Part --
5              employing authority means --
6                (a) in relation to a chief executive -- the Department CEO;
7                (b) in relation to a health executive employed in a health
8                       service provider --
9                         (i) if the health service provider is a board governed
10                              provider -- the board;
11                       (ii) if the health service provider is a chief executive
12                              governed provider -- the chief executive;
13               (c) in relation to a health service provider or an employee
14                      (other than a chief executive or a health executive) in the
15                      health service provider, the chief executive or board on
16                      whom the power to employ or engage employees is
17                      conferred.
18      (2)    For the purposes of paragraph (b) of the definition of employing
19             authority in the PSM Act section 5(1), the Department CEO is
20             the employer of the chief executive.

21   104.      Application of PSM Act
22      (1)    Unless otherwise specified in this Act or by the regulations, the
23             PSM Act applies to administration and management, human
24             resource management and conduct of health service providers
25             and employees under this Act.
26      (2)    For the purposes of subsection (1) the PSM Act applies as if --
27              (a) a reference in that Act to an employee were a reference
28                     to an employee as defined in section 6;




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                                        Health Executive Service     Division 2
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1              (b)    a reference in that Act to an employing authority were a
2                     reference to an employing authority as defined in
3                     section 103.
4       (3)   The PSM Act Part 3 does not apply to employees.

5                    Division 2 -- Health Executive Service
6                         Subdivision 1 -- Composition

7    105.     Composition of Health Executive Service
8       (1)   The Health Executive Service comprises --
9              (a) the chief executives of health service providers; and
10             (b) the persons holding offices that are for the time being
11                  the subject of a determination under subsection (2).
12      (2)   The Department CEO may make a written determination that an
13            office in a health service provider is an executive office.
14      (3)   The Department CEO may revoke or amend a determination
15            made under subsection (2).

16                      Subdivision 2 -- Chief executives

17   106.     Chief executive
18      (1)   Each health service provider must have a chief executive.
19      (2)   A chief executive of a health service provider is the chief
20            employee of the health service provider for the purposes of the
21            PSM Act.

22   107.     Functions and powers of chief executive
23      (1)   Subject to Department CEO directions and, in the case of a
24            board governed provider, the control of the board, a chief
25            executive has --
26              (a) the functions and powers conferred on a chief employee
27                   under the PSM Act; and

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1               (b)   the functions and powers mentioned in subsections (2)
2                     and (3).
3       (2)    The chief executive of a health service provider has the
4              following functions --
5                (a) to manage the day-to-day operations of the health
6                     service provider;
7                (b) in the case of a board governed provider, to advise the
8                     board in relation to the functions of the provider under
9                     this Act and other written laws;
10               (c) to ensure that advice and information is available to the
11                    health service provider so that informed decisions can be
12                    made;
13               (d) to cause health service provider decisions to be
14                    implemented;
15               (e) to be responsible for the employment, management,
16                    supervision, transfer, direction and dismissal of other
17                    employees of the health service provider;
18                (f) to perform any other function specified or delegated by
19                    the health service provider or imposed under this Act or
20                    any other written law as a function to be performed by
21                    the chief executive.
22      (3)    Subject to Department CEO directions and, in the case of a
23             board governed provider, to the control of the board, a chief
24             executive may do all things that are necessary or convenient to
25             be done for or in connection with the performance of the
26             functions of a chief executive.
27      (4)    In performing the functions of a chief executive of a health
28             service provider, the chief executive must use best endeavours
29             to attain performance objectives agreed with the Department
30             CEO and, in the case of a board governed provider, the board.




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                                          Health Executive Service     Division 2
                                                                            s. 108



1    108.     Appointment of chief executive
2       (1)   Each chief executive is to be appointed by the Department CEO
3             for and on behalf of the State.
4       (2)   The term for which a person is appointed to be the chief
5             executive of a health service provider must be fixed in the
6             instrument of appointment and must not be longer than 5 years.
7       (3)   The appointment must be to the level of classification
8             determined by the Department CEO --
9               (a) in accordance with the relevant policy framework; and
10              (b) as being appropriate to the functions to be performed by
11                   the person appointed.

12   109.     Procedure for appointment of chief executive
13      (1)   If --
14               (a)   there is a vacancy or an impending vacancy in the office
15                     of a chief executive of a health service provider; and
16              (b)    it is not intended to fill the vacancy by transferring a
17                     chief executive to that office under section 116, or
18                     temporarily by directing an employee to act in the office
19                     under section 117,
20            the Department CEO must act under this section to enable the
21            filling of the vacancy or impending vacancy.
22      (2)   In the case of a vacancy or impending vacancy in the office of a
23            chief executive of a board governed provider, the Department
24            CEO must, for the purposes of subsection (1), invite the board
25            of the provider to inform the Department CEO of any matters
26            that it wishes the Department CEO to take into account in
27            recommending a person for appointment to the office referred to
28            in subsection (1).
29      (3)   The Department CEO must give notice of the vacancy or
30            impending vacancy in the manner the Department CEO thinks



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     s. 109



1              sufficient to enable suitably qualified persons to apply for the
2              office.
3       (4)    The Department CEO must cause applicants for the office to be
4              examined, but nothing in this section requires the examination
5              of all the applicants.
6       (5)    The Department CEO --
7               (a) may seek advice from such sources as the Department
8                    CEO considers relevant; and
9               (b) if the appointment is to the office of chief executive of a
10                   board governed provider, may invite the chairperson of
11                   the board to assist the Department CEO to decide on the
12                   person or persons suitable for appointment to the office;
13                   and
14              (c) may invite any other persons the Department CEO
15                   thinks fit to assist the Department CEO to decide on the
16                   person or persons suitable for appointment to the office.
17      (6)    Any person invited to assist the Department CEO may take part
18             in the examination of applicants or in the deliberations of the
19             Department CEO on the matter or in both.
20      (7)    In deciding on a person to be appointed as a chief executive of a
21             health service provider, the Department CEO must have regard
22             to the need for the appointment of a person who --
23               (a) is able to discharge the specific responsibilities placed
24                     on the chief executive; and
25               (b) will foster a spirit of service to the community in staff
26                     members of the health service provider; and
27               (c) will promote effectiveness and efficiency in the health
28                     service provider; and
29               (d) will be a responsible manager of the health service
30                     provider; and




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1               (e)   will maintain appropriate standards of conduct and
2                     integrity among staff members of the health service
3                     provider.

4    110.     Remuneration and leave entitlements
5       (1)   The remuneration and allowances of a chief executive are to be
6             determined by the Department CEO on the recommendation of
7             the Public Sector Commissioner.
8       (2)   Subsection (1) has effect subject to the Salaries and Allowances
9             Act 1975 if that Act applies to the chief executive.

10   111.     Contract of employment
11            Subject to this Act, the employment of a chief executive
12            appointed under section 108 or reappointed under section 113 is
13            governed by a contract of employment referred to in
14            section 128.

15   112.     Appointment of health service provider employee or public
16            service officer
17      (1)   If a person was --
18               (a) an employee in a health service provider; or
19              (b) a public service officer,
20            immediately before appointment as a chief executive, the person
21            retains all existing and accrued rights on appointment as if
22            service as the chief executive were a continuation of service as
23            that employee or officer.
24      (2)   If a person was a chief executive immediately before
25            appointment as a public service officer, the person retains all
26            existing and accrued rights on appointment as if service as a
27            public service officer were a continuation of service as a chief
28            executive.




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     Division 2      Health Executive Service
     s. 113



1    113.      Reappointment of chief executive
2       (1)    If the contract of employment of a chief executive of a health
3              service provider is about to expire and the chief executive has
4              notified the Department CEO that the chief executive wishes to
5              be reappointed, the Department CEO must --
6                 (a) reappoint the chief executive to the relevant office for
7                       and on behalf of the State; or
8                (b) notify the chief executive that the chief executive will
9                       not be reappointed.
10      (2)    Before making a decision under subsection (1) in relation to the
11             chief executive of a board governed provider, the Department
12             CEO must invite the board of the provider to inform the
13             Department CEO of any matters that it wishes the Department
14             CEO to take into account in making the decision.
15      (3)    The term for which a person is reappointed to be the chief
16             executive of a health service provider must be fixed in the
17             instrument of appointment and must not be longer than 5 years.
18      (4)    If the Department CEO notifies the chief executive that the
19             chief executive will not be reappointed, the vacancy or
20             impending vacancy must be filled in accordance with
21             section 108.

22   114.      Performance criteria for chief executive and review of
23             performance
24      (1)    The chief executive of a health service provider must enter into
25             an agreement with the Department CEO and, in the case of a
26             board governed provider, the chairperson of the board
27             concerning the performance criteria to be met by the chief
28             executive during the period to which the agreement relates.
29      (2)    The agreement must be entered into --
30              (a) on appointment under section 108(1); and
31              (b) at any time when required to do so under a Department
32                    CEO direction.

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1       (3)   The performance agreement is not legally enforceable.
2       (4)   The performance of the chief executive of a health service
3             provider must be reviewed, at least annually, by the Department
4             CEO and, in the case of the chief executive of a board governed
5             provider, the chairperson of the board.
6       (5)   The review must have regard to the agreed performance criteria
7             for the office and any other relevant matter.

8    115.     Removal from office
9       (1)   The Department CEO may at any time remove a chief executive
10            of a health service provider from the office of chief executive.
11      (2)   If the health service provider is a board governed provider, the
12            Department CEO must consult with the board before acting
13            under subsection (1).

14   116.     Transfer from office
15      (1)   The Department CEO may at any time transfer a chief executive
16            from --
17              (a) the office of chief executive to --
18                     (i) another office of chief executive that is vacant
19                          and that is at the same level of classification as,
20                          or at a lower level of classification than, the
21                          first-mentioned office; or
22                    (ii) the performance of other functions in a health
23                          service provider;
24                  or
25              (b) the performance of other functions in a health service
26                  provider to an office of chief executive that is vacant
27                  and that is at the same level of classification as, or at a
28                  lower level of classification than, the office from which
29                  the chief executive was transferred to the performance
30                  of those functions.



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     Division 2      Health Executive Service
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1       (2)    Before transferring a chief executive the Department CEO must
2              consult --
3                (a) if the chief executive to whom the proposed transfer
4                      relates is located in a board governed provider -- with
5                      the board; and
6                (b) if the provider of destination is a board governed
7                      provider -- with the board; and
8                (c) with the chief executive to whom the proposed transfer
9                      relates.
10      (3)    In subsection (2)(b) --
11             provider of destination means --
12               (a) the health service provider to an office in which the
13                    chief executive is proposed to be transferred; or
14               (b) the health service provider to the performance of other
15                    functions in which the chief executive is proposed to be
16                    transferred.
17      (4)    Subject to the provisions of this Act relating to the management
18             of the redeployment and redundancy of employees, a chief
19             executive who is transferred under subsection (1) retains for the
20             remainder of the term of the chief executive's contract of
21             employment a level of classification equal to the highest level of
22             classification of any office previously occupied by the chief
23             executive during that period.
24      (5)    The transfer of a chief executive under this section does not
25             affect the term of the chief executive's contract of employment.

26   117.      Acting chief executive
27      (1)    The Department CEO may direct an employee to act in the
28             office of a chief executive --
29               (a) during a vacancy in the office; or
30               (b) during a period when the person holding the office is, or
31                     is expected to be absent or for any reason unable to
32                     perform the functions of the office.

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1       (2)   The Department CEO must specify in the direction the period,
2             not exceeding 12 months, for which the employee can act.
3       (3)   The Department CEO may cancel the direction at any time.
4       (4)   Before giving a direction under subsection (1) in respect of the
5             office of a chief executive of a board governed provider, the
6             Department CEO must consult with the board.
7       (5)   An employee directed under subsection (1) to act in an office --
8              (a) must comply with the direction; and
9              (b) has, while acting in the office, all the powers and
10                  functions of the office.
11      (6)   The validity of anything done by or in relation to a person
12            purporting to act under this section cannot be called into
13            question on the ground that --
14              (a) the occasion for the person to act had not arisen or had
15                   ceased; or
16             (b) there is a defect or irregularity in the direction.

17   118.     Employment of chief executive cannot be litigated and is not
18            an industrial matter
19      (1)   In this section, a reference to the employment of a chief
20            executive is a reference to --
21              (a) the appointment of, or failure to appoint, a person to a
22                     vacant office of chief executive; or
23              (b) the removal, retirement, termination of employment or
24                     other cessation of office of a chief executive; or
25              (c) any disciplinary proceedings or action taken under
26                     Part 10 or 11 against a chief executive; or
27              (d) the remuneration or terms and conditions of
28                     employment of a chief executive.
29      (2)   The employment of a chief executive, or any matter, question or
30            dispute relating to any such employment, is not an industrial
31            matter for the purposes of the Industrial Relations Act 1979.

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1       (3)    Subsection (2) applies whether or not any person has been
2              appointed to a vacant office of chief executive.
3       (4)    An award, order or industrial agreement under the Industrial
4              Relations Act 1979, whether made or registered, as the case
5              requires, before or after the commencement of this section, does
6              not have effect insofar as it relates to the employment of a chief
7              executive.
8       (5)    Subsection (4) does not prevent a contract of employment of a
9              chief executive from applying any provision of an award, order
10             or industrial agreement under the Industrial Relations Act 1979
11             to the employment of the chief executive.
12      (6)    An appeal does not lie under the Industrial Relations Act 1979
13             in relation to the employment of a chief executive.
14      (7)    No proceedings for an order in the nature of prohibition,
15             certiorari or mandamus or for a declaration or injunction or for
16             any other relief lie in respect of --
17               (a) the appointment of, or failure to appoint, a person to a
18                     vacant office of chief executive; or
19               (b) the reappointment of, or failure to reappoint, a chief
20                     executive; or
21               (c) the entitlement or non-entitlement of a person to be so
22                     appointed or reappointed.
23      (8)    Nothing in this section prevents a person from raising with the
24             Department CEO a complaint concerning the employment of a
25             chief executive.

26   119.      Delegation
27      (1)    A chief executive of a health service provider may delegate any
28             function of the chief executive under another provision of this
29             Act to --
30               (a) a staff member in the health service provider or another
31                    health service provider;


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1              (b)    an employee or person engaged in the Department.
2       (2)   A delegation under this section must be in writing signed by the
3             chief executive.
4       (3)   A person to whom a function is delegated under this section
5             cannot delegate that function.
6       (4)   A person exercising or performing a function that has been
7             delegated to the person under this section is to be taken to do so
8             in accordance with the terms of the delegation unless the
9             contrary is shown.
10      (5)   Nothing in this section limits the ability of the chief executive to
11            perform a function through an officer or agent.

12   120.     Modification of PSM Act delegation provision
13            For the purpose of the exercise of a chief executive's powers
14            under the PSM Act section 33, that section is to be read as if any
15            reference in that section to the Commissioner were a reference
16            to the Department CEO.

17                     Subdivision 3 -- Health executives

18   121.     Appointment of health executives
19      (1)   The employing authority of a health service provider may for
20            and on behalf of the State appoint a person to an office of health
21            executive in the health service provider.
22      (2)   An appointment under subsection (1) is subject to any binding
23            award, order or industrial agreement under the Industrial
24            Relations Act 1979.
25      (3)   The term for which a person is appointed to be a health
26            executive must be fixed in the instrument of appointment and
27            must not be longer than 5 years.
28      (4)   The appointment must be governed by a contract of
29            employment referred to in section 128.


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1       (5)    The appointment must be to the level of classification
2              determined by the employing authority of the health
3              executive --
4                (a) in accordance with the relevant policy framework; and
5                (b) as being appropriate to the functions to be performed by
6                     the person appointed.

7    122.      Reappointment of health executive
8              On the expiry of the term of a health executive in a health
9              service provider, the health executive is eligible for
10             reappointment under section 121(1) on the basis of terms and
11             conditions agreed between the health executive and the health
12             executive's employing authority.

13   123.      Transfer of health executives
14      (1)    The employing authority of a health service provider may at any
15             time transfer a health executive of the health service provider
16             from the health executive's office, or the performance of any
17             functions in the Health Executive Service, to --
18               (a) another office of health executive that is vacant; or
19               (b) the performance of other functions in a health service
20                     provider.
21      (2)    An employing authority must, before transferring a health
22             executive under subsection (1) from one health service provider
23             to another health service provider --
24               (a) obtain the consent of the employing authority of the
25                     health service provider to which the health executive is
26                     proposed to be transferred; and
27               (b) consult with the health executive proposed to be
28                     transferred.
29      (3)    Subject to the provisions of this Act relating to the management
30             of the redeployment and redundancy of employees, a health
31             executive may only be transferred under subsection (1) at the


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1             level of classification which the health executive had
2             immediately before the transfer.
3       (4)   If the office to which a health executive is transferred under
4             subsection (1)(a) is an office, or the functions to the
5             performance of which a health executive is transferred under
6             subsection (1)(b) are functions, in a different health service
7             provider, the employing authority of that health service provider
8             becomes the employing authority of the health executive.
9       (5)   On the transfer of a health executive under subsection (1), the
10            employing authority of the health service provider to which that
11            transfer takes place is substituted for the employing authority of
12            the health service provider from which that transfer takes place
13            as a party to the contract of employment of the health executive.
14      (6)   The transfer of a health executive under subsection (1) does not
15            affect the term of the health executive's contract of
16            employment.

17   124.     Performance assessment
18      (1)   The performance of a health executive must be reviewed, at
19            least annually, by the employing authority of the health
20            executive.
21      (2)   The review must have regard to the agreed performance criteria
22            for the office and any other relevant matter.

23   125.     Termination of contract of employment by employing
24            authority
25      (1)   A health executive's contract of employment may be terminated
26            before its expiry on the expiry of not less than 4 weeks' notice
27            of termination given to the health executive by the health
28            executive's employing authority.
29      (2)   An employing authority may, in lieu of 4 weeks' notice of
30            termination, pay the health executive a prescribed amount.



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1       Subdivision 4 -- General provisions about chief executives and
2                            health executives

3    126.      Terms used
4              In this Subdivision --
5              department has the meaning given in the PSM Act section 3(1);
6              executive means a chief executive or a health executive;
7              organisation has the meaning given in the PSM Act
8              section 3(1) and includes a health service provider.

9    127.      Conditions of employment
10             An executive's employment is governed by --
11              (a) this Act and other applicable written laws; and
12              (b) the executive's contract of employment.

13   128.      Employment of chief executives and health executives
14             governed by contract of employment
15      (1)    The contract of employment of an executive must --
16              (a) be in writing; and
17              (b) be signed by or on behalf of the parties to the contract.
18      (2)    The contract of employment expires on the day on which the
19             term of appointment of the executive concerned expires or is
20             terminated.
21      (3)    The contract of employment (the original contract) may be
22             varied at any time by a further contract between the parties but
23             the term of the original contract cannot be extended to a total
24             period of more than 5 years after the day on which the original
25             contract of employment came into force.
26      (4)    The employing authority of an executive acts for and on behalf
27             of the State in any contract of employment between that
28             employing authority and the executive.



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1    129.     Content of contract of employment
2       (1)   The matters to be dealt with in a contract of employment
3             between an executive and the executive's employing authority
4             include --
5               (a) the functions of the office of the executive, including
6                     performance criteria for the purpose of reviews of the
7                     member's performance; and
8               (b) the remuneration for the executive; and
9               (c) any election by the executive to retain a right of return
10                    within the meaning of section 132.
11      (2)   Subsection (1) has effect subject to the Salaries and Allowances
12            Act 1975, if that Act applies to the executive.

13   130.     Termination of contract of employment by executive
14      (1)   An executive's contract of employment may be terminated
15            before its expiry on the expiry of not less than 4 weeks' notice
16            of termination given to the executive's employing authority by
17            the executive.
18      (2)   An employing authority may agree to an executive giving the
19            employing authority less than 4 weeks' notice of termination.

20   131.     Notification or payment in lieu if executive is not
21            reappointed
22            If the employing authority of an executive does not propose to
23            reappoint the executive, the employing authority must --
24               (a) notify the executive of that fact not less than 4 weeks
25                    before the expiry of the executive's contract of
26                    employment; or
27              (b) pay the executive in lieu of that period of notice an
28                    amount --
29                      (i) not exceeding the maximum amount prescribed;
30                            and


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1                       (ii)   not less than the minimum amount prescribed for
2                              each day by which that period of notice falls
3                              short of 4 weeks.

4    132.      Right of return for certain executives
5       (1)    In this section --
6              right of return means the entitlement of an executive to
7              employment in a department or organisation in accordance with
8              this section;
9              statutory office means an office, post or position that is
10             established under an Act by which the right to appoint to that
11             office, post or position is vested in the Governor or a Minister.
12      (2)    An executive may elect to retain a right of return if, for a
13             continuous period of not less than 6 months ending immediately
14             before the executive's first appointment as an executive, the
15             executive --
16               (a) was employed for an indefinite period in a department
17                     or organisation (the originating place of employment);
18                     or
19               (b) held a statutory office or a series of statutory offices on
20                     a full-time basis and, before holding the statutory office
21                     or any of those statutory offices, was employed for an
22                     indefinite period in a department or organisation (the
23                     originating place of employment).
24      (3)    An election referred to in subsection (2) --
25              (a) may be made in the first contract of employment entered
26                    into by the executive, but, unless made in that contract,
27                    cannot be made in any subsequent contract of
28                    employment for the same or another office in the Health
29                    Executive Service; and
30              (b) is revoked if that election is not again made by the
31                    executive in a subsequent contract of employment; and
32              (c) may be revoked by the executive by notice in writing
33                    delivered to the executive's employing authority; and

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1           (d)   if revoked, cannot be made again.
2    (4)   An executive who has elected to retain a right of return is
3          entitled to employment in the executive's originating place of
4          employment at the same level of classification as the executive
5          held immediately before ceasing to be employed for an
6          indefinite period within the meaning of subsection (2)(a) or (b),
7          as the case requires, if the executive --
8            (a) ceases to be an executive otherwise than by reason of
9                  the revocation of a determination under section 105(3);
10                 and
11           (b) in the case of --
12                    (i) a chief executive, is not reappointed to the same
13                         or another office of chief executive or to the
14                         performance of other functions in the Health
15                         Executive Service; or
16                   (ii) a health executive, is not reappointed to the same
17                         or another office of health executive or to the
18                         performance of other functions in a health
19                         service provider.
20   (5)   A person is not entitled to a right of return if the person's
21         employment in the Public Sector was terminated, or the person
22         was dismissed, under this Act for substandard performance or
23         breach of discipline.
24   (6)   An employee dismissed under Part 10 is, for the purposes of
25         subsection (5), to be taken to have been dismissed for breach of
26         discipline.
27   (7)   This section does not prevent the application of the provisions
28         of this Act relating to the management of the redeployment and
29         redundancy of employees to a person who is employed in a
30         health service provider, department or organisation under a right
31         of return.
32   (8)   Nothing in this section affects the entitlement of any executive
33         under another written law to employment in a department or
34         organisation in accordance with that written law.

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1    133.      Compensation if executive has no right of return
2       (1)    This section applies to a person --
3               (a) who ceases to be an executive, otherwise than by reason
4                     of --
5                        (i) the revocation of a determination under
6                             section 105(3); or
7                       (ii) termination of employment in the Public Sector,
8                             or dismissal, under this Act for substandard
9                             performance or breach of discipline,
10                    before the executive's contract of employment expires
11                    by effluxion of time; and
12              (b) who does not have a right of return within the meaning
13                    of section 132.
14      (2)    An employee dismissed under Part 10 is, for the purposes of
15             subsection (1)(a)(ii), to be taken to have been dismissed for
16             breach of discipline.
17      (3)    A person to whom this section applies is entitled to such
18             compensation, if any, as the Department CEO determines by
19             reference to the remuneration to which that person is entitled for
20             a particular period ending immediately before the day referred
21             to in subsection (4).
22      (4)    The maximum compensation payable to a person under this
23             section is an amount equal to the remuneration to which the
24             person is entitled for the period of one year ending immediately
25             before the day on which the person ceased to be an executive in
26             the manner specified in subsection (1)(a).

27   134.      Repayment of compensation
28      (1)    In this section --
29             prescribed period means a period prescribed for the purposes of
30             this section that commences on the payment of compensation to
31             a person under section 133.


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1       (2)   This section applies to a person if the person --
2              (a) is paid compensation under section 133; and
3              (b) is subsequently --
4                       (i) employed in a department or organisation; or
5                      (ii) engaged by an employing authority within the
6                            meaning of this Act or the PSM Act under a
7                            contract for services.
8       (3)   A person employed or engaged as mentioned in
9             subsection (2)(b) before the expiry of the prescribed period in
10            relation to that person must refund to the Treasurer an amount
11            that bears to the amount of the compensation the same
12            proportion as the unexpired portion of that period bears to that
13            period.
14      (4)   If a person who is required to comply with subsection (3) does
15            not do so, the amount unrefunded may be recovered by the
16            Treasurer in a court of competent jurisdiction as a debt owed by
17            that person to the State.

18   135.     Election to take compensation instead of right of return
19      (1)   An executive who has an entitlement under section 132(4) to
20            employment may elect in writing to take compensation under
21            section 133 instead of exercising that entitlement.
22      (2)   On an election under subsection (1) taking effect, the executive
23            concerned --
24              (a) ceases to have an entitlement under section 132(4); and
25              (b) becomes entitled to compensation under section 133.

26   136.     Secondment of executive
27      (1)   In this section --
28            relevant employer means --
29              (a) the employing authority of a department or organisation;
30                     or


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1               (b)   an employer outside the Public Sector.
2       (2)    The employing authority of an executive may enter into an
3              arrangement in writing with a relevant employer for the
4              secondment of the executive to perform functions or services
5              for, or duties in the service of, the relevant employer during the
6              period specified in the arrangement.
7       (3)    An employing authority must not act under subsection (2)
8              unless --
9                (a) the employing authority considers it to be in the public
10                    interest to do so; and
11              (b) the executive concerned consents.

12   137.      Vacation of office of executive
13      (1)    The office of an executive becomes vacant if --
14              (a) the executive dies; or
15              (b) in the case of a chief executive, the chief executive is
16                    removed from the office under section 115; or
17              (c) the executive completes a term and is not reappointed;
18                    or
19              (d) the executive is dismissed, or retires, under this Act; or
20              (e) the employment of the executive is terminated under this
21                    Act; or
22               (f) the executive resigns by written resignation given --
23                       (i) in the case of a chief executive, to the
24                            Department CEO; or
25                      (ii) in the case of a health executive, to the
26                            employing authority of the executive's health
27                            service provider,
28                    and the Department CEO or that employing authority, as
29                    the case requires, accepts that resignation; or




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1              (g)   the executive is appointed or transferred under this Part
2                    to another office (unless it is an appointment and the
3                    Department CEO authorises the offices being held
4                    concurrently by the executive).
5       (2)   The vacation of an office under subsection (1)(a), (b), (c), (d),
6             (e) or (f) terminates the contract of employment of the executive
7             concerned.

8    138.     Operation of Division
9             This Division prevails over any inconsistent provision of any
10            other written law or of the terms of appointment of or contract
11            with a person.

12                         Division 3 -- Other staff
13   139.     Division does not apply to Health Executive Service
14            This Division does not apply to employees employed in the
15            Health Executive Service.

16   140.     Employees of health service provider
17      (1)   A health service provider may employ and manage employees
18            for and on behalf of the State.
19      (2)   Employees employed under subsection (1) are in addition to
20            employees employed as health executives in the Health
21            Executive Service.
22      (3)   Subject to any relevant award, order or industrial agreement
23            under the Industrial Relations Act 1979, the terms and
24            conditions of employment of employees employed under
25            subsection (1) are the terms and conditions the health service
26            provider determines.




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1    141.      Transfers between health service providers or between
2              health services providers and the Department
3       (1)    If the employing authority of a health service provider considers
4              it to be in the best interests of the health service provider or the
5              WA health system to do so, the employing authority may --
6                 (a) transfer an employee in the health service provider from
7                       one office in the health service provider to another office
8                       in that health service provider; or
9                 (b) transfer an employee in the health service provider from
10                      an office in the health service provider to an office in
11                      another health service provider.
12      (2)    If the employing authority of the Department and the employing
13             authority of a health service provider consider it to be in the best
14             interests of the WA health system to do so --
15                (a) the employing authority of the Department may transfer
16                     an employee in the Department from an office in the
17                     Department to an office in the health service provider;
18                     and
19               (b) the employing authority of the health service provider
20                     may transfer an employee in the health service provider
21                     from an office in the health service provider to an office
22                     in the Department.
23      (3)    A transfer under subsection (1) or (2) must be --
24              (a) at the same or equivalent level of classification; and
25              (b) to an office --
26                       (i) for which the employee possesses requisite
27                            qualifications; and
28                      (ii) the functions of which are appropriate to the
29                            employee's level of classification.




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1       (4)   An employing authority cannot transfer an employee under
2             subsection (1)(b) or (2) unless --
3               (a) the transfer complies with the relevant policy
4                    framework; and
5               (b) the employing authority of the health service provider to
6                    which the employee is to be transferred or, if the
7                    employee is to be transferred to the Department, the
8                    Department CEO, has approved the transfer; and
9               (c) the employee to be transferred has been consulted.
10      (5)   On the transfer of an employee under subsection (1)(b) or (2) --
11             (a) the office from which the employee was transferred
12                   becomes vacant; and
13             (b) the employing authority of the health service provider to
14                   which the employee was transferred or, if the employee
15                   was transferred to the Department, the Department
16                   CEO --
17                      (i) becomes the employing authority of the
18                           employee; and
19                     (ii) is substituted for the employing authority of the
20                           health service provider from which the employee
21                           was transferred as a party to any contract of
22                           employment of the employee.
23      (6)   If the employee is employed on contract, the transfer has effect
24            despite anything in the contract under which the employee is
25            transferred.

26   142.     Secondment of employee
27      (1)   In subsection (3) --
28            relevant employer means --
29              (a) the employing authority of a department or organisation;
30                   or
31              (b) an employer outside the Public Sector.


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1       (2)    A chief executive of a health service provider may arrange with
2              another employer for an employee of that other employer to
3              perform duties in the service of the health service provider for
4              the purposes of this Act.
5       (3)    A chief executive of a health service provider may enter into an
6              arrangement with a relevant employer for the secondment of an
7              employee in the health service provider to perform functions or
8              services for, or duties in the service of, the relevant employer
9              during the period specified in the arrangement.
10      (4)    A chief executive must not act under subsection (3) unless --
11              (a) the chief executive considers it to be in the public
12                    interest to do so; and
13              (b) the employee concerned consents.

14   143.      Contracts for services
15      (1)    The employing authority of a health service provider may, in
16             accordance with any relevant policy framework, engage a
17             person under a contract for services on the terms and conditions
18             (including as to remuneration) that the employing authority
19             determines.
20      (2)    This section does not detract from the power that the PSM Act
21             section 100 gives the employing authority of a health service
22             provider to engage a person under a contract for services or
23             appoint a person on a casual employment basis.




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1             Part 10 -- Criminal and misconduct matters
2                       concerning employees
3    144.       Terms used
4               In this Part --
5               responsible authority means --
6                 (a) in relation to a chief executive -- the Department CEO;
7                 (b) in relation to an employee (other than a chief executive)
8                        in a health service provider -- the chief executive of the
9                        health service provider;
10                (c) in relation to a staff member who is engaged under a
11                       contract for services in a health service provider -- the
12                       chief executive of the health service provider;
13              serious offence has the meaning given in the PSM Act
14              section 80A.

15   145.       Duty of staff member to report certain criminal conduct and
16              misconduct findings
17      (1)     A staff member who is charged with having committed, or is
18              convicted or found guilty of, a serious offence must, within
19              7 days of the charge being laid or the conviction, report that fact
20              in writing to the staff member's responsible authority.
21      (2)     A staff member who has a misconduct finding made against
22              them under the Health Practitioner Regulation National Law
23              (Western Australia) must, within 7 days of receiving notice of
24              the finding --
25                (a) report that fact to the staff member's responsible
26                      authority; and
27                (b) provide the person to whom the report is made with a
28                      copy of the finding.




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1       (3)    In subsection (2) --
2              misconduct finding includes a finding of unsatisfactory
3              professional performance, unprofessional conduct or
4              professional misconduct.

5    146.      Further reporting and notification
6       (1)    A staff member's responsible authority must report any conduct
7              of the staff member that the responsible authority suspects on
8              reasonable grounds constitutes or may constitute professional
9              misconduct or unsatisfactory professional performance under
10             the Health Practitioner Regulation National Law (Western
11             Australia) to --
12               (a) the professional board or authority that deals with the
13                     registration of the staff member as a health practitioner;
14                     and
15               (b) the Department CEO.
16      (2)    A staff member's responsible authority must, on becoming
17             aware that the staff member has been charged with having
18             committed, or has been convicted or found guilty of, a serious
19             offence, report the staff member's charge, conviction or the
20             finding of guilt to the Department CEO.
21      (3)    The Department CEO may, if the Department CEO considers it
22             appropriate to do so for the protection of a health service
23             provider's patients, notify a health service provider or any other
24             person or body of a report received under subsection (1) or (2).
25      (4)    A notification under subsection (3) may be made in such form
26             as the Department CEO considers appropriate.
27      (5)    The duty of a person to make a report under subsection (1)
28             or (2) must be complied with, and the Department CEO may
29             give a notification under subsection (3), despite --
30               (a) the provisions of any other Act, whether enacted before
31                     or after this Act; or



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1                 (b)   any obligation the person has to maintain confidentiality
2                       about a matter to which the report relates.
3       (6)     Without limiting section 220, in complying with subsection (1)
4               or (2) or giving a notification under subsection (3) a person --
5                 (a) does not incur any civil or criminal liability; and
6                 (b) is not to be taken to have breached any duty of
7                       confidentiality or secrecy imposed by law; and
8                 (c) is not to be taken to have breached any professional
9                       ethics or standards or any principles of conduct
10                      applicable to the person's employment or to have
11                      engaged in unprofessional conduct.
12      (7)     Subsection (1) does not affect an obligation under another
13              written law to report professional misconduct or unsatisfactory
14              professional performance.

15   147.       Suspending employee if health practitioner registration is
16              suspended or becomes conditional
17      (1)     An employee's employing authority may suspend the employee
18              from duty during any period for which --
19                (a) the registration of an employee as a registered health
20                     practitioner is suspended under the Health Practitioner
21                     Regulation National Law (Western Australia); or
22                (b) conditions are imposed on the registration of an
23                     employee as a registered health practitioner under the
24                     Health Practitioner Regulation National Law (Western
25                     Australia) that, in the opinion of the employee's
26                     employing authority, are inconsistent with any of the
27                     inherent requirements of the terms of employment of the
28                     employee; or
29                (c) conditions are imposed on the registration of an
30                     employee as a registered health practitioner under the
31                     Health Practitioner Regulation National Law (Western
32                     Australia) that, in the opinion of the employee's
33                     employing authority, the health service provider in

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1                       which the health practitioner is employed will be unable
2                       to accommodate for operational reasons.
3       (2)    An employing authority who has suspended an employee from
4              duty under this section may at any time remove or vary the
5              terms of the suspension.

6    148.      Suspending employee pending decision in relation to serious
7              offence
8       (1)    If an employee is charged with having committed a serious
9              offence, the employing authority of the employee may suspend
10             the employee from duty.
11      (2)    Subject to subsection (3), a suspension arising from a charge
12             referred to in subsection (1) has effect until the criminal charge
13             or any action that the employing authority is considering taking
14             under section 150 has been finalised.
15      (3)    The employing authority may at any time remove or vary the
16             terms of the suspension.

17   149.      Salary during suspension
18      (1)    An employee may be suspended under section 147 or 148 on
19             full pay, partial pay or without pay.
20      (2)    If --
21                (a)   an employee suspended under section 147 does not
22                      successfully appeal under the Health Practitioner
23                      Regulation National Law (Western Australia) against
24                      the action taken under that Act as mentioned in
25                      section 147(1)(a) or (b); or
26               (b)    an employee suspended under section 148 is convicted
27                      or found guilty of the offence concerned,
28             any salary withheld under subsection (1) is forfeited to the State
29             unless the employing authority otherwise directs.




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1       (3)     An employee is entitled to have any pay of the employee that is
2               withheld under subsection (1) and not forfeited under
3               subsection (2) restored to the employee.

4    150.       Disciplinary or improvement action where registration
5               suspended or conditional or in case of serious offence
6       (1)     If --
7                  (a)   the registration of an employee as a registered health
8                        practitioner is suspended under the Health Practitioner
9                        Regulation National Law (Western Australia); or
10                (b)    conditions are imposed on the registration of an
11                       employee as a registered health practitioner under the
12                       Health Practitioner Regulation National Law (Western
13                       Australia) that, in the opinion of the employee's
14                       employing authority, are inconsistent with any of the
15                       inherent requirements of the terms of employment of the
16                       employee; or
17                (c)    conditions are imposed on the registration of an
18                       employee as a registered health practitioner under the
19                       Health Practitioner Regulation National Law (Western
20                       Australia) that, in the opinion of the employee's
21                       employing authority, the health service provider in
22                       which the health practitioner is employed will be unable
23                       to accommodate for operational reasons,
24              the employee's employing authority may take such disciplinary
25              action or improvement action, or both disciplinary action and
26              improvement action, as the employing authority considers
27              appropriate (having regard to section 151) with respect to the
28              employee.
29      (2)     An employing authority cannot take action under
30              subsection (1) --
31                (a) until all rights of appeal under the Health Practitioner
32                     Regulation National Law (Western Australia) against



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1                      the action taken under that Act have lapsed or been
2                      exhausted; or
3                (b)   if the employee successfully appeals under the Health
4                      Practitioner Regulation National Law (Western
5                      Australia) against the action taken under that Act.
6       (3)     Despite the Sentencing Act 1995 section 11, if an employee is
7               convicted or found guilty of a serious offence the employing
8               authority may take such disciplinary action or improvement
9               action, or both disciplinary action and improvement action, as
10              the employing authority considers appropriate (having regard to
11              section 151) with respect to the employee.
12      (4)     Before any disciplinary action or improvement action is taken
13              with respect to an employee under this section, the employee
14              must be given an opportunity to make a submission in relation
15              to the action that the employing authority is considering taking.
16      (5)     A decision of an employing authority to take disciplinary action
17              or improvement action with respect to an employee may be
18              carried into effect at any time.

19   151.       Protection of patients to be paramount consideration
20              The protection of a health service provider's patients must be
21              the paramount consideration in relation to determining whether
22              to take disciplinary action against an employee under
23              section 150.

24   152.       Power of employing authority to take improvement or other
25              action not limited
26      (1)     Nothing in this Part limits the power of an employing authority
27              under other provisions of this Act or the PSM Act to take
28              improvement action in relation to an employee in circumstances
29              in which the employing authority considers it appropriate to do
30              so.




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1      (2)     Nothing in this Part limits the power of an employing authority
2              to take other action against an employee under Part 11 or under
3              any other law.

4   153.       Appeals and referrals
5      (1)     Section 172 applies to a decision to suspend an employee under
6              section 147 or 148 or to take disciplinary action under
7              section 150.
8      (2)     In the exercise of jurisdiction under the Industrial Relations
9              Act 1979, regard must be had to section 151.




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     Division 1      General
     s. 154



1               Part 11 -- Substandard performance and
2                         disciplinary matters
3                               Division 1 -- General
4    154.       Application and effect of Part
5       (1)     Subject to section 155, this Part applies to all employees.
6       (2)     This Part prevails to the extent that it is inconsistent with any
7               enactment that applies to --
8                 (a) an employee; or
9                 (b) a member of a class of employees.

10   155.       Application of Part in respect of former employees
11      (1)     A person who has ceased to be employed in a health service
12              provider (a former employee) is, in prescribed circumstances, to
13              be taken to be an employee for the purposes of this Part if the
14              person --
15                (a) may have committed a breach of discipline; and
16                (b) was an employee at the time of the suspected breach.
17      (2)     If the former employee is found to have committed a breach of
18              discipline, the disciplinary action that may be taken under this
19              Act in respect of a former employee is the disciplinary action
20              prescribed for the purposes of this subsection.
21      (3)     A former employee's retirement or resignation, or the benefits,
22              rights and liabilities arising from the retirement or resignation,
23              are not affected by any disciplinary action taken in respect of
24              the former employee.
25      (4)     For the purposes of this Part, a reference to an employing
26              authority is, in prescribed circumstances, to be taken to be a
27              reference to the employing authority of a former employee.




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                                      Substandard performance        Division 2
                                                                          s. 156



1    156.     Power of employing authority to take improvement or other
2             action not limited
3       (1)   Nothing in this Part limits the power of an employing authority
4             under other provisions of this Act to take improvement action in
5             relation to an employee in circumstances in which the
6             employing authority considers it appropriate to do so.
7       (2)   Nothing in this Part limits the power of an employing authority
8             to take other action against an employee under Part 10 or under
9             any other law.

10   157.     Inconsistent provisions, instruments and contracts
11      (1)   In this section --
12            industrial instrument means an award, industrial agreement or
13            order made under the Industrial Relations Act 1979, including a
14            General Order made under section 50 of that Act, whether made
15            before, on or after the commencement of this section.
16      (2)   The provisions of this Part prevail, to the extent of any
17            inconsistency, over any other provision of this Act.
18      (3)   The provisions of this Part and any regulations made for the
19            purposes of this Part prevail, to the extent of any inconsistency,
20            over any industrial instrument.
21      (4)   The provisions of this Part and any regulations made for the
22            purposes of this Part prevail, to the extent of any inconsistency,
23            over the terms and conditions applying to an employee's
24            employment under a contract of employment or agreement with
25            the employee, whether entered into or renewed before, on or
26            after the commencement of this section.

27                Division 2 -- Substandard performance
28   158.     What is substandard performance
29      (1)   For the purposes of this Division, the performance of an
30            employee is substandard if and only if the employee does not, in


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     Division 2      Substandard performance
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1               the performance of the functions that the employee is required
2               to perform, attain or sustain a standard that a person may
3               reasonably be expected to attain or sustain in the performance of
4               those functions.
5       (2)     Without limiting the generality of the matters to which regard
6               may be had for the purpose of determining whether or not the
7               performance of an employee is substandard, regard --
8                 (a) must be had --
9                         (i) to any written selection criteria or job
10                             specifications applicable to; and
11                       (ii) to any duty statement describing; and
12                      (iii) to any written work standards or instructions
13                             relating to the manner of performance of,
14                     the functions the employee is required to perform; and
15                (b) may be had --
16                        (i) to any written selection criteria or job
17                             specifications applicable to; and
18                       (ii) to any duty statement describing; and
19                      (iii) to any written work standards or instructions
20                             relating to the manner of performance of,
21                     functions similar to those functions.

22   159.       Powers in relation to substandard performance
23      (1)     Subject to subsection (2), if an employee's employing authority
24              is of the opinion that the performance of the employee is
25              substandard, the employing authority may --
26                (a) withhold for such period as the employing authority
27                       thinks fit an increment of remuneration otherwise
28                       payable to the employee; or
29                (b) reduce the level of classification of the employee; or
30                (c) terminate the employment in the health service provider
31                       of the employee.


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                                           Disciplinary matters      Division 3
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1       (2)   If an employee does not admit to the employee's employing
2             authority that the employee's performance is substandard, that
3             employing authority must, before forming the opinion that the
4             performance of the employee is substandard, cause an
5             investigation to be held into whether or not the performance of
6             the employee is substandard.

7                     Division 3 -- Disciplinary matters
8    160.     Term used: section 173(2) breach of discipline
9             In this Division --
10            section 173(2) breach of discipline means a breach of discipline
11            arising out of disobedience to, or disregard of, a lawful order
12            referred to in section 173(2).

13   161.     What is a breach of discipline
14            An employee commits a breach of discipline if the employee --
15             (a) disobeys or disregards a lawful order; or
16             (b) contravenes --
17                     (i) any provision of this Act applicable to that
18                         employee; or
19                    (ii) any public sector standard or code of ethics; or
20                   (iii) a policy framework;
21                  or
22             (c) commits an act of misconduct; or
23             (d) is negligent or careless in the performance of the
24                  employee's functions; or
25             (e) commits an act of victimisation within the meaning of
26                  the Public Interest Disclosure Act 2003 section 15.

27   162.     Options in relation to suspected breach of discipline
28            If an employing authority of an employee is made aware, or
29            becomes aware, by any means that the employee may have


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     Division 3      Disciplinary matters
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1               committed a breach of discipline, the employing authority
2               may --
3                 (a) decide to deal with the matter as a disciplinary matter
4                     under this Division in accordance with the relevant
5                     regulations; or
6                 (b) decide that it is appropriate --
7                        (i) to take improvement action with respect to the
8                             employee; or
9                       (ii) to take no action.

10   163.       Dealing with disciplinary matter
11      (1)     In dealing with a disciplinary matter under this Division an
12              employing authority --
13                (a) must proceed with as little formality and technicality as
14                      this Division, the relevant regulations and the
15                      circumstances of the matter permit; and
16                (b) is not bound by the rules of evidence; and
17                (c) may, subject to this Division and the relevant
18                      regulations, determine the procedure to be followed.
19      (2)     Even though an employing authority decides to act under
20              section 162(a), the employing authority may, at any stage of the
21              process, decide instead that it is appropriate --
22                (a) to take improvement action with respect to the
23                      employee; or
24                (b) that no further action be taken.
25      (3)     After dealing with a matter as a disciplinary matter under this
26              Division --
27               (a) if the employing authority finds that the employee has
28                     committed a section 173(2) breach of discipline, the
29                     employing authority must take disciplinary action by
30                     dismissing the employee; and



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                                           Disciplinary matters      Division 3
                                                                          s. 164



1              (b)    if the employing authority finds that the employee has
2                     committed a breach of discipline that is not a
3                     section 173(2) breach of discipline, the employing
4                     authority must decide --
5                        (i) to take disciplinary action, or both disciplinary
6                             action and improvement action, with respect to
7                             the employee; or
8                       (ii) to take improvement action with respect to the
9                             employee; or
10                     (iii) that no further action is to be taken.

11   164.     Action against employee pending decision on breach of
12            discipline
13      (1)   If an employing authority has decided to act under
14            section 162(a) in relation to an employee, the employing
15            authority may, in accordance with the relevant regulations --
16               (a) suspend the employee on full pay, partial pay or without
17                    pay; or
18              (b) alter the employee's scope of practice or duties.
19      (2)   Subject to subsection (3) a suspension or alteration arising from
20            a decision referred to in subsection (1) has effect until a decision
21            is made under section 163(2) or (3) or 166 in respect of the
22            suspected breach.
23      (3)   The employing authority may at any time remove, or vary the
24            terms of, the suspension or alteration.
25      (4)   Unless the employing authority otherwise directs, any pay
26            withheld under subsection (1) is forfeited to the State if it is
27            decided to take disciplinary action with respect to the employee
28            for the breach of discipline.
29      (5)   An employee is entitled to have any pay of the employee that is
30            withheld under subsection (1) and not forfeited under
31            subsection (4) restored to the employee.


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     Division 3      Disciplinary matters
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1    165.       Special disciplinary inquiries
2       (1)     The Department CEO may at any time before a decision is made
3               under section 162(b) or 163(2) or (3) in respect of a suspected
4               breach of discipline direct that a special disciplinary inquiry be
5               held into the suspected breach.
6       (2)     A direction under subsection (1) may be made on the request of
7               the employing authority of the employee suspected to have
8               committed the breach of discipline or on the initiative of the
9               Department CEO.
10      (3)     Sections 185 to 192 apply to and in relation to a person holding
11              a special disciplinary inquiry and to a special disciplinary
12              inquiry as if references in those sections to an inquirer and to an
13              inquiry were references to the person holding the special
14              disciplinary inquiry and to the special disciplinary inquiry,
15              respectively.
16      (4)     Without limiting subsection (1), a person holding a special
17              disciplinary inquiry may have regard to any information
18              elicited, or findings made, in another special disciplinary
19              inquiry, or in an investigation, inspection or audit under Part 13
20              or an inquiry under Part 14.
21      (5)     A person who holds a special disciplinary inquiry must, at the
22              conclusion of the inquiry --
23                (a) make a finding that the employee --
24                        (i) has committed a section 173(2) breach of
25                             discipline; or
26                       (ii) has committed a breach of discipline other than a
27                             section 173(2) breach of discipline; or
28                      (iii) has not committed a breach of discipline;
29                     and
30                (b) prepare a report on the conduct and finding of the
31                     special disciplinary inquiry; and



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                                         Disciplinary matters      Division 3
                                                                        s. 166



1             (c)   if the finding is that the employee has committed a
2                   breach of discipline other than a section 173(2) breach
3                   of discipline, include in the report a recommendation as
4                   to any disciplinary action and improvement action that
5                   should be taken by the employing authority; and
6            (d)    provide the employing authority and the Department
7                   CEO with a copy of the report.

8    166.   Consequence of report of special disciplinary inquiry
9           On receiving a report under section 165(5), the employing
10          authority must accept the finding in the report and --
11            (a) in the case of a finding that the employee has committed
12                  a section 173(2) breach of discipline, take disciplinary
13                  action by dismissing the employee; or
14            (b) in the case of a finding that the employee has committed
15                  a breach of discipline other than a section 173(2) breach
16                  of discipline --
17                     (i) decide to take disciplinary action or
18                          improvement action, or both disciplinary action
19                          and improvement action, in relation to the
20                          employee in accordance with the
21                          recommendation in the report; or
22                    (ii) decline to accept the recommendation in the
23                          report and decide to take such other disciplinary
24                          action or improvement action, or both
25                          disciplinary action and improvement action, in
26                          relation to the employee as could have been
27                          recommended in the report;
28                  or
29            (c) in the case of a finding that no breach of discipline was
30                  committed by the employee, notify the employee of that
31                  finding and that no further action will be taken in the
32                  matter.



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     Division 3      Disciplinary matters
     s. 167



1    167.       Notification of outcome of disciplinary matter
2       (1)     The employing authority of an employee must notify the
3               employee --
4                (a) whether or not the employee has been found under this
5                     Division to have committed any breach of discipline
6                     alleged against the employee; and
7                (b) if such a finding has been made against the employee,
8                     what action has been taken under this Division in
9                     relation to the employee.
10      (2)     The employing authority of an employee must notify the
11              Department CEO if --
12               (a) the employee has been found under this Division to have
13                    committed any breach of discipline alleged against the
14                    employee; and
15               (b) the disciplinary action ordered was dismissal, or the
16                    employing authority is of the opinion that the breach of
17                    discipline could result in a serious risk to the safety of
18                    patients.
19      (3)     A notification under subsection (1) or (2) must be given in
20              writing within 30 days of the finding being made.
21      (4)     The Department CEO may notify any employing authority of
22              the employee of the matters notified under subsection (2).

23   168.       Termination of other employment if employee is dismissed
24      (1)     Any employing authority of an employee may, after receiving
25              notification under section 167(4) that the employee has been
26              dismissed by disciplinary action under this Part by another
27              employing authority of the employee, terminate the employment
28              of the employee.
29      (2)     An employing authority --
30               (a) must not terminate the employment of an employee
31                    under subsection (1) earlier than the prescribed period


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                                          Appeals and referrals      Division 4
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1                    after receiving notification under section 167(4) in
2                    respect of the employee; and
3              (b)   must comply with the relevant policy framework when
4                    acting under subsection (1).
5       (3)   If the employment of an employee is terminated under
6             subsection (1), the contract of employment of the employee is
7             terminated.

8    169.     Payment and recovery of fine
9             If a fine is imposed on an employee under this Division, the
10            employee must pay the amount of the fine to the Treasurer and,
11            if the employee does not do so, that amount may be recovered in
12            a court of competent jurisdiction as a debt owing to the State.

13   170.     When disciplinary action can be taken
14            A decision of an employing authority to take disciplinary action
15            or improvement action with respect to an employee may be
16            carried into effect at any time.

17                   Division 4 -- Appeals and referrals
18   171.     Terms used
19            In this section --
20            government officer has the meaning given in the Industrial
21            Relations Act 1979 section 80C;
22            Industrial Commission has the meaning given to Commission
23            in the Industrial Relations Act 1979 section 7(1).

24   172.     Certain decisions and findings may be appealed or referred
25      (1)   In this section --
26            disciplinary decision or finding means --
27              (a) a decision made under section 159(1)(b) or (c); or



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1                (b)    a finding made in the exercise of a power under
2                       section 165(5)(a)(ii); or
3                 (c)   a decision made under section 147, 148 or 164 to
4                       suspend a government officer or other employee on
5                       partial pay or without pay; or
6                (d)    a decision to take disciplinary action made under
7                       section 150(1), 163(3)(b) or 166(b); or
8                 (e)   a decision to terminate the employment of a government
9                       officer or other employee under section 168(1).
10      (2)     Subject to sections 118 and 173, an employee or former
11              employee who --
12               (a) is, or was, a government officer; and
13               (b) is aggrieved by a disciplinary decision or finding made
14                     in respect of the government officer,
15              may appeal against that decision or finding to the Industrial
16              Commission constituted by a Public Service Appeal Board
17              appointed under the Industrial Relations Act 1979 Part IIA
18              Division 2.
19      (3)     A Public Service Appeal Board has jurisdiction to hear and
20              determine an appeal under subsection (2) in accordance with the
21              Industrial Relations Act 1979 Part IIA Division 2.
22      (4)     Despite the Industrial Relations Act 1979 section 29, but subject
23              to section 173, an employee or former employee who --
24                (a) is not a government officer; and
25                (b) is aggrieved by a disciplinary decision or finding made
26                      in respect of the employee,
27              may refer the decision or finding to the Industrial Commission
28              as if the decision or finding were an industrial matter that could
29              be so referred under the Industrial Relations Act 1979, and that
30              Act applies to and in relation to that decision accordingly.
31      (5)     A referral under subsection (4) must be made within the
32              prescribed period after the making of the decision or finding.

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                                          Appeals and referrals      Division 4
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1       (6)   If it appears to the Industrial Commission or the Public Service
2             Appeal Board that the employing authority failed to comply
3             with the relevant policy framework or the rules of procedural
4             fairness in making the decision or finding the subject of a
5             referral or appealed against, the Industrial Commission or
6             Public Service Appeal Board --
7                (a) is not required to determine the reference or allow the
8                      appeal solely on that basis and may proceed to decide
9                      the reference or appeal on its merits; or
10              (b) may quash the decision or finding and remit the matter
11                     back to the employing authority with directions as to the
12                     stage at which the disciplinary process in relation to the
13                     matter is to be recommenced by the employing authority
14                     if the employing authority continues the disciplinary
15                     process.

16   173.     Referrals in relation to directions that are lawful orders
17      (1)   A reference in this section to an applied section is a reference to
18            that section of the PSM Act as applied under Part 12.
19      (2)   A direction referred to in applied section 94(2)(b) or (3)(c)(i) is
20            a lawful order for the purposes of section 161(a) if --
21              (a) the direction is given to the employee concerned in
22                   accordance with the relevant regulations referred to in
23                   applied section 94; and
24              (b) the direction is upheld by the Industrial Commission on
25                   a referral under applied section 95(2), or if the period
26                   referred to in applied section 95(3) has expired without
27                   that direction having been so referred.
28      (3)   Nothing in subsection (2) limits the meaning of lawful order in
29            section 161(a).
30      (4)   Despite the Industrial Relations Act 1979 section 29(1), but
31            subject to section 118, an employee or former employee --
32              (a) against whom proceedings have been taken under this
33                    Part for a suspected breach of discipline arising out of

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     s. 173



1                      alleged disobedience to, or disregard of, a direction
2                      which is by virtue of subsection (2) a lawful order for
3                      the purposes of section 161(a); and
4                (b)   who is aggrieved by --
5                         (i) a decision made under section 164 to suspend the
6                             employee on partial pay or without pay; or
7                        (ii) a finding made in respect of the person referred
8                             to in section 163(3)(a), 165(5)(a)(i) or 166(a),
9               may refer the decision or finding referred to in paragraph (b) to
10              the Industrial Commission as if that decision or finding were an
11              industrial matter that could be so referred under that Act.
12      (5)     The Industrial Relations Act 1979 applies to and in relation to
13              that decision or finding referred under subsection (4) as if the
14              decision were an industrial matter referred to the Industrial
15              Commission in accordance with that Act.
16      (6)     In exercising its jurisdiction under this section in relation to a
17              direction consisting of a lawful order referred to in
18              subsection (2), the Industrial Commission must confine itself to
19              determining whether or not that direction has been, or is capable
20              of having been, complied with.




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                     Redeployment and redundancy of employees         Part 12

                                                                          s. 174



1             Part 12 -- Redeployment and redundancy
2                          of employees
3    174.     Application of PSM Act Part 6 and regulations made for the
4             purposes of that Part
5       (1)   The PSM Act Part 6 applies, with the changes set out in
6             subsection (2) and any other necessary changes, to and in
7             respect of health service providers and employees in health
8             service providers.
9       (2)   For the purposes of subsection (1) the following changes
10            apply --
11              (a) section 173(2) of this Act applies in the place of the
12                    PSM Act section 94(4);
13              (b) the reference in the PSM Act section 95(1) definition of
14                    section 94 decision to "a lawful order by virtue of
15                    section 94(4)" is to be read as "a lawful order by virtue
16                    of the Health Services Act 2016 section 173(2)".
17      (3)   The regulations may modify the operation of regulations made
18            for the purposes of the PSM Act Part 6 in relation to their
19            application to and in respect of health service providers and
20            employees in health service providers.




                                                                      page 115
     Health Services Bill 2016
     Part 13         Investigations, inspections and audits

     s. 175



1           Part 13 -- Investigations, inspections and audits
2    175.       Department CEO may investigate, inspect or audit health
3               service provider
4               The Department CEO may, for the purpose of assessing
5               compliance with this Act --
6                 (a) investigate the management, administration and
7                      operations of, and health services provided by, a health
8                      service provider; and
9                 (b) inspect public health service facilities and other
10                     premises of a health service provider; and
11                (c) audit health service providers.

12   176.       Procedures
13              Subject to the policy framework mentioned in section 26(2)(j)
14              and this Part, the Department CEO may determine the
15              procedures to be followed in connection with investigations,
16              inspections and audits under this Part.

17   177.       Powers of Department CEO
18      (1)     In this section --
19              confidential information means any information that --
20                (a) is about a person who is receiving or has received a
21                       health service; and
22                (b) could identify the person;
23              record includes any record of information, irrespective of how
24              the information is recorded or stored or able to be recovered and
25              includes --
26                (a) anything from which images, sounds or writings can be
27                       reproduced, with or without the aid of anything else; and
28                (b) anything on which information is recorded or stored,
29                       whether electronically, magnetically, mechanically or by
30                       some other means.


     page 116
                                                      Health Services Bill 2016
                         Investigations, inspections and audits        Part 13

                                                                        s. 177



1    (2)   For the purposes of section 175, the Department CEO may enter
2          the premises of a health service provider (including any hospital
3          or other facility controlled or managed by the health service
4          provider) to investigate any matters relating to the operation or
5          administration of the health service provider.
6    (3)   On entering premises under this section the Department CEO
7          may do any one or more of the following --
8           (a) inspect the premises;
9           (b) generally make any investigation or inquiry that is
10                relevant to the operation or administration of the health
11                service provider;
12          (c) examine any records of the health service provider,
13                including records containing confidential information,
14                that are relevant to the Department CEO's functions;
15          (d) make copies of records referred to in paragraph (c) or
16                any part of them and, for that purpose, take away and
17                retain any of those records or any part of them for any
18                time that may be reasonably necessary;
19          (e) require a person in or about the premises to provide
20                information or answer questions in connection with the
21                Department CEO's functions;
22           (f) require any person to produce any record or other thing
23                in the possession or under the control of the person that
24                relates to, or that the Department CEO believes on
25                reasonable grounds relates to, the operation or
26                administration of the health service provider;
27          (g) require the owner or occupier of the premises to provide
28                the Department CEO with such assistance and facilities
29                as is or are reasonably necessary to enable the
30                Department CEO to exercise functions under this
31                section.




                                                                     page 117
     Health Services Bill 2016
     Part 13         Investigations, inspections and audits

     s. 178




1    178.       Incriminating information or answers
2       (1)     An individual is not excused from complying with a
3               requirement under section 177(3) to provide information or
4               answer questions, or to produce any document or thing, on the
5               ground that the information, answer, document or thing might
6               tend to incriminate the individual or make the individual liable
7               to a penalty.
8       (2)     However, any information or answer provided, or document or
9               thing produced, by an individual in compliance with a
10              requirement under section 177(3) is not admissible in evidence
11              in any criminal proceedings against the individual, other than
12              proceedings for an offence under section 181.

13   179.       Liability for complying with requirement
14      (1)     A person must comply with a requirement under section 177(3)
15              to provide information or answer questions, or to produce any
16              document or thing, despite the provisions of any other written
17              law.
18      (2)     No civil or criminal liability is incurred as a result of
19              compliance with a requirement under section 177(3).
20      (3)     Compliance with a requirement under section 177(3) is not to be
21              regarded as --
22                (a) a breach of any duty of confidentiality or secrecy
23                     imposed by law; or
24                (b) a breach of professional ethics or standards or any
25                     principles of conduct applicable to the person's
26                     employment; or
27                (c) unprofessional conduct.




     page 118
                                                         Health Services Bill 2016
                            Investigations, inspections and audits        Part 13

                                                                           s. 180



1    180.     Failure to comply with requirement
2       (1)   A person must not, without reasonable excuse, fail to comply
3             with a requirement of the Department CEO under
4             section 177(3).
5             Penalty for this subsection: a fine of $10 000.
6       (2)   Subsection (1) does not apply unless, when the Department
7             CEO makes the requirement, the Department CEO informs the
8             person that a failure to comply with the requirement may
9             constitute an offence.

10   181.     False information
11            A person must not, in connection with a requirement made by
12            the Department CEO under section 177(3), provide any
13            information or produce any document that the person knows is
14            false or misleading in a material particular.
15            Penalty: a fine of $10 000.




                                                                        page 119
     Health Services Bill 2016
     Part 14         Inquiries

     s. 182



1                              Part 14 -- Inquiries
2    182.       Terms used
3               In this Division --
4               inquirer means a person conducting an inquiry;
5               inquiry means an inquiry conducted under section 183.

6    183.       Department CEO may conduct inquiry
7       (1)     The Department CEO may, on the Department CEO's own
8               initiative or on the direction of the Minister, conduct an inquiry
9               in respect of part or all of the functions, management or
10              operations of one or more health service providers.
11      (2)     An inquiry may be conducted by the Department CEO
12              personally, or by a person appointed in writing by the
13              Department CEO for the purpose.
14      (3)     A person appointed by the Department CEO to conduct an
15              inquiry --
16                (a) is to be paid the remuneration and allowances (if any)
17                      that are determined by the Department CEO on the
18                      recommendation of the Public Sector Commissioner;
19                      and
20                (b) must conduct the inquiry in accordance with any
21                      directions given in writing by the Department CEO.

22   184.       Preliminary matters
23      (1)     Before an inquiry is conducted, the Department CEO must --
24               (a) inform the Minister in writing of the Department CEO's
25                     intention to do so; and
26               (b) state in writing the terms of reference of the inquiry; and
27               (c) if the inquiry is to be conducted by someone other than
28                     the Department CEO, state in writing which (if any) of
29                     the powers set out in section 187 the inquirer is to have
30                     for the purposes of the inquiry.

     page 120
                                                        Health Services Bill 2016
                                                        Inquiries        Part 14

                                                                           s. 185



1       (2)   The Department CEO may at any time, in writing --
2              (a) amend the terms of reference of an inquiry; or
3              (b) amend the statement of powers required by
4                   subsection (1)(c).
5       (3)   If the Department CEO does either of the things mentioned in
6             subsection (2), the Department CEO must inform the Minister
7             in writing what the Department CEO has done.

8    185.     Procedure
9       (1)   In conducting an inquiry the inquirer --
10              (a) must act with as little formality as possible; and
11              (b) is not bound by the rules of evidence and may inform
12                   themself on any matter in any manner the inquirer
13                   considers appropriate; and
14              (c) may receive written or oral submissions; and
15              (d) may consult with any person the inquirer considers
16                   appropriate.
17      (2)   Subject to this Part and the regulations, the inquirer may
18            determine the procedure to be followed at, or in connection
19            with, an inquiry.

20   186.     Hearings
21      (1)   The inquirer may hold hearings for the purposes of an inquiry.
22      (2)   Hearings must be held in public.
23      (3)   However, the inquirer may direct that a hearing, or any part of a
24            hearing, be held in private if the inquirer is satisfied that it is
25            desirable to do so because of the confidential nature of any
26            evidence or matter or for any other reason.
27      (4)   The inquirer has a discretion as to whether any person may
28            appear at a hearing in person or be represented by another
29            person.


                                                                        page 121
     Health Services Bill 2016
     Part 14         Inquiries

     s. 187



1    187.       Inquirer's powers
2       (1)     For the purposes of an inquiry, the inquirer (if the Department
3               CEO) --
4                (a) may, by written notice, require the attendance of a
5                       person at a place and time specified in the notice; and
6                (b) may, by written notice, require a person to produce at a
7                       place and time specified in the notice a document that is
8                       in the possession or under the control of that person; and
9                (c) may inspect any document produced and retain it for
10                      any reasonable period that the inquirer thinks fit, and
11                      may make copies of it or any of its contents; and
12               (d) may require a person to take an oath or make an
13                      affirmation and may administer an oath or affirmation to
14                      a person; and
15               (e) may require a person to answer any question put to that
16                      person.
17      (2)     For the purposes of an inquiry, the inquirer (if not the
18              Department CEO) has whichever of the powers set out in
19              subsection (1) that the statement in writing required by
20              section 184(1)(c) states that the inquirer is to have for that
21              purpose.
22      (3)     A person required by a notice under this section to attend or to
23              produce a document is entitled to be paid the prescribed
24              allowances (if any) for the person's travelling and other
25              expenses.

26   188.       Failure to comply with requirements of notice
27      (1)     A person must not, without lawful excuse, refuse or fail to
28              attend as required by a notice under section 187(1)(a).
29              Penalty for this subsection: a fine of $10 000.




     page 122
                                                       Health Services Bill 2016
                                                       Inquiries        Part 14

                                                                            s. 189



1       (2)   A person must not, without lawful excuse, refuse or fail to
2             produce a document as required by a notice under
3             section 187(1)(b).
4             Penalty for this subsection: a fine of $10 000.
5       (3)   A person must not, without lawful excuse, refuse or fail to be
6             sworn or make an affirmation when required to do so under
7             section 187(1)(d).
8             Penalty for this subsection: a fine of $10 000.
9       (4)   A person must not, without lawful excuse, refuse or fail to
10            answer a question when required to do so under
11            section 187(1)(e).
12            Penalty for this subsection: a fine of $10 000.

13   189.     Incriminating answers or documents
14      (1)   It is not a lawful excuse for the purposes of section 188 for an
15            individual to refuse to answer a question or produce a document
16            on the ground that the answer or the document might tend to
17            incriminate the individual or make the individual liable to a
18            penalty.
19      (2)   However, an answer given or a document produced by an
20            individual in compliance with a requirement under section 187
21            is not admissible in evidence in any criminal proceedings
22            against the individual, other than proceedings for an offence
23            under section 191.

24   190.     Disruption of inquiry
25      (1)   A person must not wilfully insult an inquirer when the inquirer
26            is conducting an inquiry.
27            Penalty for this subsection: a fine of $10 000.
28      (2)   A person must not wilfully interrupt or wilfully obstruct the
29            conduct of an inquiry.
30            Penalty for this subsection: a fine of $10 000.


                                                                      page 123
     Health Services Bill 2016
     Part 14         Inquiries

     s. 191



1    191.       False information
2               During an inquiry a person must not give an answer or other
3               information to the inquirer if the person knows that the answer
4               or information is false or misleading in a material particular.
5               Penalty: a fine of $10 000.

6    192.       Protection for certain purposes
7       (1)     A person (the informant) is not liable in any way for any loss or
8               damage suffered by another person because the informant has
9               given information or produced a document, in good faith, to an
10              inquirer for the purposes of an inquiry.
11      (2)     An action in tort does not lie against an inquirer, or any person
12              acting under the direction of an inquirer, for anything the
13              inquirer or person has done or omitted to do, in good faith, for
14              the purposes of an inquiry or an inquirer's report under
15              section 193.
16      (3)     Nothing in this section limits section 220 or 226.

17   193.       Reports
18      (1)     As soon as is practicable after completing an inquiry, the
19              inquirer must --
20                (a) prepare a written report relating to the inquiry; and
21                (b) give the report to each health service provider to which
22                      the inquiry relates; and
23                (c) notify the health service provider that the health service
24                      provider may provide comments on the report to the
25                      inquirer with 28 days after receiving the report.
26      (2)     The report must include --
27               (a) the inquirer's findings and conclusions from conducting
28                     the inquiry; and




     page 124
                                                  Health Services Bill 2016
                                                  Inquiries        Part 14

                                                                     s. 193



1          (b)   any recommendations that the inquirer wishes to make
2                arising from the inquiry and the reasons for those
3                recommendations; and
4          (c)   any comments on the report received by the inquirer
5                under subsection (1)(c); and
6          (d)   any other prescribed matters.
7   (3)   The Minister must cause a copy of the report to be laid before
8         each House of Parliament, or dealt with under section 229,
9         within 14 sitting days after the report is given.




                                                                 page 125
     Health Services Bill 2016
     Part 15         Changes to health service providers
     Division 1      Transfer of assets, rights and liabilities
     s. 194



1           Part 15 -- Changes to health service providers
2             Division 1 -- Transfer of assets, rights and liabilities
3    194.       Minister may order transfer of assets, rights or liabilities
4       (1)     In this section --
5               associated interest means a lease, easement, occupancy right,
6               contract, agreement, asset, liability, licence, instrument or other
7               right, function or obligation associated with an interest in land
8               transferred under subsection (2)(a) or (b);
9               earlier transfer order includes an earlier transfer order under
10              section 238.
11      (2)     The Minister may, by order published in the Gazette (a transfer
12              order) --
13                (a) transfer an interest in land, or any other asset, right or
14                     liability, held by the State or the Ministerial Body to a
15                     health service provider;
16                (b) transfer an interest in land, or any other asset, right or
17                     liability, held by a health service provider to the State,
18                     the Ministerial Body or another health service provider;
19                (c) transfer or grant, to the State, the Ministerial Body or a
20                     health service provider, an associated interest;
21                (d) vary an associated interest held by the State, the
22                     Ministerial Body or a health service provider.
23      (3)     A transfer order may specify things by reference to one or more
24              schedules that --
25                (a) need not be published in the Gazette; but
26                (b) must be available for public inspection.
27      (4)     Anything specified in a schedule for a transfer order is to be
28              taken to be specified in the transfer order.
29      (5)     A thing may be specified in a transfer order by describing the
30              class to which it belongs.

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                                                           Health Services Bill 2016
                             Changes to health service providers            Part 15
                Changes to, or abolition of, health service provider     Division 2
                                                                              s. 195



1       (6)   Before a transfer order relating to an interest in land or an
2             associated interest is made specifying anything by reference to a
3             schedule, the Minister must consult with each relevant lands
4             official about the form and content of the schedule.
5       (7)   To the extent to which a schedule for a transfer order relates to
6             the functions of the Registrar of Titles, the schedule must be in a
7             form that meets the requirements of the Registrar.
8       (8)   A transfer order may amend an earlier transfer order or a
9             schedule for a transfer order, or a further transfer order may be
10            made, to correct an error in an earlier transfer order or schedule
11            for a transfer order.
12      (9)   A transfer order may contain provisions of a savings or
13            transitional nature consequent on the making of the order.
14    (10)    A thing done by, under or for the purposes of this Division is
15            not invalid merely because subsection (6) or (7) was not
16            complied with.

17            Division 2 -- Changes to, or abolition of, health
18                          service provider
19   195.     Amendment of order establishing health service provider
20            The Minister may, by order published in the Gazette, amend an
21            order made under section 32(1) by --
22              (a) altering the name of the health service provider
23                   established by the order; or
24              (b) altering the area in respect of which a health service
25                   provider is established; or
26              (c) changing the nature of governance of a health service
27                   provider.




                                                                          page 127
     Health Services Bill 2016
     Part 15         Changes to health service providers
     Division 2      Changes to, or abolition of, health service provider
     s. 196



1    196.       Abolition, amalgamation, merger or division of health
2               service provider
3               The Minister may, by order published in the Gazette --
4                (a) abolish a health service provider; or
5                (b) amalgamate 2 or more existing health service providers
6                     and establish a new health service provider under
7                     section 32(1)(b); or
8                (c) merge 2 or more existing health service providers; or
9                (d) divide a health service provider and establish 2 or more
10                    new health service providers under section 32(1)(b).

11   197.       Order may include savings and transitional provisions
12              An order under section 195 or 196 may contain provisions, not
13              inconsistent with this Part or regulations made under
14              section 205(2), of a savings or transitional nature consequent on
15              the making of the order, including provisions with respect to the
16              following --
17                (a) the rights, obligations and liabilities of a health service
18                      provider;
19                (b) the rights and interests of persons employed by a health
20                      service provider;
21                (c) the continuation of legal proceedings pending by or
22                      against a health service provider.

23   198.       Change of name
24      (1)     The change of name of a health service provider by order under
25              section 195(a) does not operate --
26                (a) to create a new legal entity; or
27                (b) to prejudice or affect the identity of the body corporate
28                      constituted as a health service provider or its continuity
29                      as a health service provider; or
30                (c) to affect the property, or the rights or obligations, of the
31                      health service provider; or

     page 128
                                                           Health Services Bill 2016
                             Changes to health service providers            Part 15
                Changes to, or abolition of, health service provider     Division 2
                                                                              s. 199



1              (d)   to render defective any legal proceedings by or against
2                    the health service provider.
3       (2)   Any legal proceedings that could have been continued or
4             commenced by or against the health service provider by its
5             former name may be continued or commenced by or against it
6             by its new name.

7    199.     Board of health service provider
8       (1)   On the day on which the nature of the governance of a health
9             service provider is changed by order under section 195(c) from
10            board governed provider to chief executive governed provider,
11            the members of the board cease to hold office.
12      (2)   On the day on which a board governed provider is abolished by
13            order under section 196(a), amalgamated by order under
14            section 196(b) or divided by order under section 196(d), the
15            members of the board cease to hold office.
16      (3)   On the day on which 2 or more health service providers are
17            merged by order under section 196(c), the members of the board
18            of any board governed provider specified in the order as a health
19            service provider to be abolished cease to hold office.

20   200.     Transfer of assets, rights and liabilities
21      (1)   In this section --
22            assets does not include moneys standing to the credit of an
23            account established under section 64 for a health service
24            provider.
25      (2)   On the day on which a health service provider is abolished by
26            order under section 196(a), each asset, right and liability of the
27            health service provider is transferred --
28              (a) if a transfer order made under section 194 applies to the
29                    asset, right or liability -- to the State, the Ministerial
30                    Body or the health service provider as specified in the
31                    transfer order; and


                                                                          page 129
     Health Services Bill 2016
     Part 15         Changes to health service providers
     Division 2      Changes to, or abolition of, health service provider
     s. 201



1                (b)   otherwise -- to the Ministerial Body.
2       (3)     On the day on which 2 or more health service providers are
3               amalgamated by order under section 196(b) --
4                (a) each health service provider amalgamated by the order
5                      is abolished; and
6                (b) the assets, rights and liabilities of each amalgamating
7                      health service provider are transferred to the new health
8                      service provider.
9       (4)     On the day on which 2 or more health service providers are
10              merged by order under section 196(c) --
11               (a) each health service provider specified in the order as a
12                     health service provider to be abolished is abolished; and
13               (b) the assets, rights and liabilities of each of those health
14                     service providers are transferred to the health service
15                     provider that is specified in the order as the health
16                     service provider that is to continue.
17      (5)     On the day on which a health service provider is divided by
18              order under section 196(d), each asset, right and liability of the
19              health service provider is transferred --
20                (a) if a transfer order made under section 194 applies to the
21                      asset, right or liability -- to the State, the Ministerial
22                      Body or the health service provider as specified in the
23                      transfer order; and
24                (b) otherwise -- to the Ministerial Body.

25   201.       Former accounts
26      (1)     In this section --
27              former account, in relation to a health service provider that has
28              been abolished, divided or merged with another health service
29              provider, means the account established under section 64 for the
30              health service provider;




     page 130
                                                        Health Services Bill 2016
                          Changes to health service providers            Part 15
             Changes to, or abolition of, health service provider     Division 2
                                                                           s. 201



1          operating account means an agency special purpose account
2          established under the Financial Management Act 2006
3          section 16.
4    (2)   On the day on which a health service provider is abolished by
5          order under section 196(a) --
6            (a) any moneys standing to the credit of the health service
7                 provider's former account are to be credited to an
8                 operating account of the Department; and
9            (b) the former account is then to be closed.
10   (3)   On the day on which 2 or more health service providers are
11         abolished under section 200(3)(a) as a consequence of an order
12         under section 196(b) --
13           (a) any moneys standing to the credit of the health service
14                providers' former accounts are to be credited to the
15                operating account of the new health service provider
16                established by the order; and
17           (b) the former accounts are then to be closed.
18   (4)   On the day on which 2 or more health service providers are
19         merged by order under section 196(c) --
20          (a) any moneys standing to the credit of the former account
21                of a health service provider that is specified in the order
22                as a health service provider to be abolished are to be
23                credited to the operating account of the health service
24                provider that is specified in the order as the service
25                provider that is to continue; and
26          (b) the former accounts are then to be closed.
27   (5)   On the day on which a health service provider is divided by
28         order under section 196(d) --
29           (a) any moneys standing to the credit of the health service
30                provider's former account are to be credited to the
31                operating accounts of the new health service providers
32                as determined by the Department CEO; and


                                                                       page 131
     Health Services Bill 2016
     Part 15         Changes to health service providers
     Division 3      General provisions
     s. 202



1                (b)    the former account is then to be closed.

2                        Division 3 -- General provisions
3    202.       Term used: transfer order
4               In this Division --
5               transfer order has the meaning given in section 194(2).

6    203.       Registration of documents
7       (1)     The relevant lands officials --
8                (a) must take notice of this Part and any transfer order,
9                       including any schedule for the transfer order; and
10               (b) must record and register in the appropriate manner the
11                      documents necessary to show the effect of this Part and
12                      any transfer order.
13      (2)     The Minister must give a copy of each transfer order and any
14              schedule for it, and any amendment to a transfer order or to a
15              schedule for a transfer order, to each relevant lands official.

16   204.       Exemption from State tax
17      (1)     State tax is not payable in relation to --
18                (a) anything that occurs by operation of this Part; or
19                (b) anything done (including a transaction entered into or an
20                      instrument or document of any kind made, executed,
21                      lodged or given) under this Part, or to give effect to this
22                      Part, or for a purpose connected with or arising out of
23                      giving effect to this Part.
24      (2)     The Minister may certify in writing that --
25               (a) a specified thing occurred by operation of this Part; or
26               (b) a specified thing was done under this Part, or to give
27                    effect to this Part, or for a purpose connected with or
28                    arising out of giving effect to this Part.


     page 132
                                                        Health Services Bill 2016
                              Changes to health service providers        Part 15
                                              General provisions      Division 3
                                                                           s. 205



1       (3)   For all purposes and in all proceedings, a certificate under
2             subsection (2) is sufficient evidence of the matters it certifies
3             unless the contrary is shown.

4    205.     Transitional regulations
5       (1)   In this section --
6             publication day, for regulations made under subsection (3),
7             means the day on which the regulations are published in the
8             Gazette;
9             specified means specified or described in regulations made
10            under subsection (3);
11            transitional matter --
12              (a) means a matter that needs to be dealt with for the
13                     purpose of effecting a transition under this Part; and
14              (b) includes a saving or application matter.
15      (2)   The Governor may make regulations about the following --
16             (a) the abolition, amalgamation, merger or division of
17                  health service providers;
18             (b) changing the services to be provided by a health service
19                  provider as a consequence of the making of an order
20                  under section 195 or 196, including by transferring the
21                  services to be provided from one health service provider
22                  to another health service provider;
23             (c) any matter or thing necessary or convenient to facilitate
24                  or support a thing mentioned in paragraph (a) or (b)
25                  including --
26                     (i) the transfer of staff;
27                    (ii) staff entitlements;
28                   (iii) matters relating to contracts, agreements or other
29                          documents entered into by a health service
30                          provider, the Department CEO or the State;




                                                                         page 133
     Health Services Bill 2016
     Part 15         Changes to health service providers
     Division 3      General provisions
     s. 205



1                        (iv)   the continuation of proceedings involving a
2                               health service provider, the Department or the
3                               State.
4       (3)     Without limiting subsection (2), if there is no sufficient
5               provision in this Part or in a transfer order for dealing with a
6               transitional matter, the Governor may make regulations
7               prescribing matters --
8                 (a) required to be prescribed for the purpose of dealing with
9                        the transitional matter; or
10                (b) necessary or convenient to be prescribed for the purpose
11                       of dealing with the transitional matter.
12      (4)     Without limiting subsection (3), regulations made under that
13              subsection may provide --
14                (a) for or with respect to the legal consequences of the
15                     differential transfer of rights, obligations or other
16                     liabilities under the same contract or other agreement to
17                     more than one transferee;
18                (b) that specified provisions of this Act --
19                        (i) do not apply to or in relation to a specified
20                              matter; or
21                       (ii) apply with specified modifications to or in
22                              relation to a specified matter.
23      (5)     If regulations made under subsection (3) provide that a specified
24              state of affairs is to be taken to have existed, or not to have
25              existed, on and after a day that is earlier than publication day
26              but not earlier than transition day, the regulations have effect
27              according to their terms.
28      (6)     If regulations contain a provision referred to in subsection (5),
29              the provision does not operate so as --
30                 (a) to affect in a manner prejudicial to any person (other
31                      than the State or an authority of the State) the rights of
32                      that person existing before publication day for those
33                      regulations; or

     page 134
                                                        Health Services Bill 2016
                              Changes to health service providers        Part 15
                                              General provisions      Division 3
                                                                           s. 206



1              (b)    to impose liabilities on a person (other than the State or
2                     an authority of the State) in respect of an act done or
3                     omission made before publication day for those
4                     regulations.
5       (7)   A regulation referred to in this section has, if the regulations so
6             provide, effect despite any other provision of this Part.
7       (8)   Regulations can only be made under subsection (3) within
8             36 months after the making of the relevant order under
9             section 195 or 196.

10   206.     Effect of other instruments, rights and obligations
11            The operation of this Part, regulations made under this Part or a
12            transfer order must not be regarded --
13              (a) as a breach of contract or confidence or otherwise as a
14                    civil wrong; or
15              (b) as a breach of any contractual provision prohibiting,
16                    restricting or regulating the assignment or transfer of
17                    assets, rights or liabilities or the disclosure of
18                    information; or
19              (c) as giving rise to any remedy by a party to an instrument,
20                    or as causing or permitting the termination of any
21                    instrument, because of a change in the beneficial or legal
22                    ownership of any assets, rights or liabilities; or
23              (d) as causing any contract or instrument to be void or
24                    otherwise unenforceable; or
25              (e) as releasing or allowing the release of any surety.




                                                                         page 135
     Health Services Bill 2016
     Part 16         Control of conduct and traffic on health service provider land

     s. 207



1       Part 16 -- Control of conduct and traffic on health
2                    service provider land
3    207.       Term used: health service provider land
4               In this Part --
5               health service provider land means land declared under
6               section 208(1) to be health service provider land.

7    208.       Declaration of health service provider land
8       (1)     For the purposes of this Part and regulations made under this
9               Act, the Minister may, by order published in the Gazette,
10              declare any land vested in, or under the care, control and
11              management of, a health service provider to be health service
12              provider land.
13      (2)     The Minister may revoke or amend an order made under
14              subsection (1).
15      (3)     In proceedings for a contravention of a regulation an allegation
16              in the prosecution notice that any place was within the
17              boundaries of health service provider land to which the
18              regulations applied is sufficient evidence of the fact alleged in
19              the absence of proof to the contrary.

20   209.       Regulations about conduct on, and use of, health service
21              provider land
22              Without limiting section 230, the regulations may provide for,
23              authorise, prescribe, require, prohibit, restrict or otherwise
24              regulate the following --
25                (a) the maintenance of good order on health service
26                      provider land;
27                (b) conduct of persons on health service provider land;
28                (c) the prohibition, restriction or regulation of the admission
29                      of persons, vehicles and animals to health service
30                      provider land;


     page 136
                                                           Health Services Bill 2016
       Control of conduct and traffic on health service provider land       Part 16

                                                                             s. 210



1               (d)   what may be brought on to health service provider land;
2               (e)   the appointment of authorised persons and their powers
3                     in connection with the operation and enforcement of the
4                     regulations;
5               (f)   the conferral on persons specified in the regulations of
6                     powers --
7                        (i) to remove property from health service provider
8                             land, move property within the land, and recover
9                             attendant costs and expenses; and
10                      (ii) to take possession of property on health service
11                            provider land that appears to be lost, discarded or
12                            disused and, subject to any prescribed
13                            requirements for notice to be given, to dispose of
14                            the property as if it were property of the health
15                            service provider;
16              (g)   the method of notifying a person alleged to have
17                    committed an offence against a regulation of the alleged
18                    offence and how it may or will be dealt with.

19   210.     Regulations about management and control of traffic
20      (1)   In this section --
21            specified means specified in the regulations.
22      (2)   Without limiting section 209 or 230, the regulations may
23            provide for, authorise, prescribe, require, prohibit, restrict or
24            otherwise regulate the following --
25              (a) the use of vehicles on health service provider land; and
26              (b) the control, supervision and management of parking or
27                   standing areas on health service provider land.
28      (3)   The regulations may --
29             (a) include provisions as to speed, manner of driving, class
30                   of vehicles, routes, entrances and exits, one-way traffic,
31                   noise, parking and standing and the control of traffic
32                   generally;

                                                                          page 137
     Health Services Bill 2016
     Part 16         Control of conduct and traffic on health service provider land

     s. 210



1               (b)    prescribe --
2                         (i) fees and charges payable to a health service
3                              provider by a person using, or in respect of a
4                              vehicle occupying, a parking or standing area
5                              and exempting any person or vehicle or class of
6                              person or class of vehicle from paying all or any
7                              of those fees; and
8                        (ii) the method and means by which the fees may or
9                              must be paid and collected and recovered;
10               (c)   provide for --
11                        (i) the issue of permits, whether on application to a
12                             specified person or otherwise, entitling the
13                             holders of those permits to park vehicles in
14                             parking areas or elsewhere in health service
15                             provider land for periods and on other terms and
16                             conditions specified in the permits; and
17                       (ii) the circumstances in which permits may be
18                             amended, suspended or revoked by a specified
19                             person;
20              (d)    provide for the protection of parking and standing areas
21                     and all equipment pertaining to them against misuse,
22                     damage, interference or attempted interference by any
23                     person;
24               (e)   regulate the parking and standing of vehicles in any
25                     parking or standing area and prohibit any person from
26                     parking or standing any vehicle in a parking area or
27                     standing area otherwise than in accordance with the
28                     regulations;
29               (f)   require persons in charge of vehicles within health
30                     service provider land to obey the orders and directions
31                     of specified persons or members of specified classes of
32                     persons given for the purpose of controlling traffic;
33              (g)    provide for the display, erection or marking of signs for
34                     the purposes of the regulations;


     page 138
                                                         Health Services Bill 2016
     Control of conduct and traffic on health service provider land       Part 16

                                                                           s. 210



1             (h)   prohibit, or empower a specified person by the display,
2                   erection or marking of a sign referred to in paragraph (g)
3                   to prohibit --
4                      (i) the use of a parking area for a purpose other than
5                            a specified purpose; or
6                     (ii) the parking of a vehicle in a parking area by a
7                            person other than a specified person or a member
8                            of a specified class of persons;
9             (i)   exempt, or empower a specified person to exempt, any
10                  person or vehicle or class of person or class of vehicle
11                  from complying with any regulation prohibiting or
12                  restricting the parking or standing of vehicles generally
13                  or otherwise;
14            (j)   prescribe the following --
15                     (i) the circumstances under which a staff member of
16                           a health service provider may remove a vehicle
17                           or cause it to be removed from a parking or
18                           standing area or from any other area within
19                           health service provider land to a specified place,
20                           whether within health service provider land or
21                           not;
22                    (ii) any further powers in relation to the removal;
23                   (iii) the scale of fees to be paid to the health service
24                           provider to recover the vehicle from that place;
25                   (iv) the circumstances in which the health service
26                           provider may hold the vehicle until the
27                           prescribed fees are paid to the health service
28                           provider;
29            (k)   prohibit the driving of vehicles in any part of health
30                  service provider land at a speed in excess of that
31                  specified in respect of that part by a regulation or by any
32                  sign referred to in paragraph (g);
33            (l)   prescribe evidentiary provisions in relation to speed
34                  measuring equipment and the use of that equipment;


                                                                        page 139
     Health Services Bill 2016
     Part 16         Control of conduct and traffic on health service provider land

     s. 211



1                (m)   prohibit the removal by any person other than the driver
2                      of a vehicle in respect of which an offence against a
3                      regulation is alleged to have been committed of any
4                      notice relating to that offence affixed to the vehicle or
5                      left in or on the vehicle by a person authorised under the
6                      regulations to leave the notice.

7    211.       Requirement to leave health service provider land
8       (1)     In this section --
9               authorised person means a person appointed under regulations
10              mentioned in section 209(e);
11              reasonably suspects has the meaning given in the Criminal
12              Investigation Act 2006 section 4.
13      (2)     This section applies if an authorised person --
14               (a) finds a person being disorderly or creating a disturbance;
15                     or
16               (b) reasonably suspects that a person has just been
17                     disorderly or created a disturbance; or
18               (c) reasonably suspects that a person's presence may pose a
19                     threat to the safety of anyone else on or leaving health
20                     service provider land; or
21               (d) reasonably suspects that a person is on health service
22                     provider land without lawful justification or excuse; or
23               (e) reasonably suspects that a person is on health service
24                     provider land in contravention of a regulation or is
25                     otherwise contravening a regulation.
26      (3)     The authorised person may direct the person to leave the health
27              service provider land or part of the health service provider land.
28      (4)     A person given a direction under subsection (3) must comply
29              with the direction.
30              Penalty for this subsection: a fine of $5 000.



     page 140
                                                           Health Services Bill 2016
       Control of conduct and traffic on health service provider land       Part 16

                                                                             s. 212



1    212.     Proceedings and payment of penalties
2       (1)   In this section --
3             provider offence means an offence under section 211(4) or
4             regulations mentioned in section 209 or 210;
5             responsible provider, in relation to a provider offence, means
6             the health service provider in which the land on which the
7             offence occurred is vested or that has care, control and
8             management of the land.
9       (2)   Proceedings for a provider offence may be commenced in the
10            name of the responsible provider by the chief executive of the
11            responsible provider or a person authorised to do so by the chief
12            executive.
13      (3)   In any proceedings no proof is required of the authorisation of a
14            person under subsection (2), but an averment in a prosecution
15            notice that the person is so authorised is to be taken to be proved
16            in the absence of proof to the contrary.
17      (4)   Subsection (2) does not limit the ability of a person to
18            commence or conduct the prosecution of an offence if the
19            person has authority at law to do so.
20      (5)   A pecuniary penalty recovered in respect of a provider offence
21            must be paid to the responsible provider.




                                                                          page 141
     Health Services Bill 2016
     Part 17         Information
     Division 1      General
     s. 213



1                           Part 17 -- Information
2                               Division 1 -- General
3    213.       Terms used
4               In this Part --
5               disability has the meaning given in the Disability Services
6               Act 1993 section 3;
7               health information means --
8                 (a) information, or an opinion, that is also personal
9                        information, about --
10                          (i) the health (at any time) of an individual; or
11                         (ii) a disability (at any time) of an individual; or
12                        (iii) an individual's expressed wishes about the future
13                              provision of health services to the individual; or
14                        (iv) a health service provided, or to be provided, to
15                              an individual;
16                       or
17                (b) other personal information collected to provide, or in
18                       providing, a health service;
19              health information management system means a system
20              referred to in section 214(1);
21              information policy framework means a policy framework
22              issued under section 26(2)(k).

23   214.       Health information management systems
24      (1)     The Department CEO is to establish and maintain systems for
25              the collection, receipt, storage and disclosure of, and access to,
26              health information.
27      (2)     A health information management system is to be controlled
28              and maintained in accordance with an information policy
29              framework.


     page 142
                                                       Health Services Bill 2016
                                                     Information        Part 17
                                                         General     Division 1
                                                                          s. 215



1       (3)   Information in a health information management system is held
2             on behalf of the State.
3       (4)   An information policy framework may provide for the
4             following --
5               (a) the receipt and storage of health information collected
6                    by a health service provider, the Department CEO or
7                    contracted health entity;
8               (b) access to that health information;
9               (c) circumstances in which that health information may be
10                   used.

11   215.     Information held in health information management system
12      (1)   The following health information must be held in a health
13            information management system --
14              (a) health information collected by a health service provider
15                    or the Department CEO;
16              (b) health information collected by a contracted health
17                    entity to the extent that the health information --
18                      (i) relates to the provision of a public health service;
19                            and
20                     (ii) is provided to the health service provider or the
21                            Department CEO in connection with the
22                            provision of that service;
23              (c) health information provided in response to a request
24                    made under section 218(2).
25      (2)   The Department CEO may, for purposes relating to the
26            provision of public health services and in accordance with the
27            information policy framework, permit any of the following to
28            have access to any health information that is held in a health
29            information management system --
30              (a) an employee in the Department;
31              (b) a staff member of a health service provider;


                                                                       page 143
     Health Services Bill 2016
     Part 17         Information
     Division 2      Disclosure of information
     s. 216



1                 (c)     a staff member of a contracted health entity.

2                       Division 2 -- Disclosure of information
3    216.       Disclosure of information by Department CEO
4               The Department CEO may, in accordance with the regulations,
5               disclose health information for any of these purposes --
6                 (a) the administration or enforcement of this Act;
7                 (b) the management of health service providers;
8                 (c) the planning for, provision, monitoring and evaluation
9                       of public health services;
10                (d) health related research, whether that research is
11                      conducted by persons who are staff members of a health
12                      service provider or persons employed or engaged in the
13                      Department or other persons.

14   217.       Disclosure of information by health service provider
15      (1)     In this section --
16              relevant information means health information that, in the
17              opinion of the chief executive of a health service provider, is or
18              is likely to be relevant to any of the following --
19                (a) the treatment or care of a patient who has been, is being,
20                       or will or may be, provided with a health service by the
21                       health service provider;
22                (b) the health, safety or wellbeing of a patient who has been,
23                       is being, or will or may be, provided with a health
24                       service by the health service provider.
25      (2)     The chief executive of a health service provider may, in
26              accordance with the regulations, disclose relevant information
27              about a patient of the health service provider to any person who,
28              in the opinion of the chief executive, has a sufficient interest in
29              the treatment, care, health, safety or wellbeing of the patient.



     page 144
                                                        Health Services Bill 2016
                                                      Information        Part 17
                                        Disclosure of information     Division 2
                                                                           s. 218



1    218.     Requesting information
2       (1)   In this section --
3             external provider --
4               (a) includes --
5                        (i) a contracted health entity;
6                       (ii) an individual, a group of individuals or a body
7                              (whether corporate or unincorporate) that
8                              provides a service specifically for people who
9                              have or may have an illness or disability, wholly
10                             or partly from funds paid to the individual, group
11                             or body by or on behalf of the State;
12                     but
13              (b) does not include a person who is the carer under the
14                     Carers Recognition Act 2004 section 5 of a person who
15                     has or may have an illness or disability;
16            interstate authority means --
17              (a) a department of the Public Service of the
18                     Commonwealth, another State or a Territory; or
19              (b) an agency or instrumentality of the Commonwealth,
20                     another State or a Territory; or
21              (c) a body (whether corporate or unincorporate), or the
22                     holder of an office, post or position, established or
23                     continued in existence for a public purpose under a law
24                     of the Commonwealth, another State or a Territory;
25            relevant information means information (including personal
26            information) that, in the opinion of the Department CEO, is or is
27            likely to be relevant to any of the following --
28              (a) the administration or enforcement of this Act;
29              (b) the management of health service providers;
30              (c) the planning for, provision, monitoring and evaluation
31                     of public health services;



                                                                       page 145
     Health Services Bill 2016
     Part 17         Information
     Division 3      Confidentiality
     s. 219



1                (d)   health related research, whether that research is
2                      conducted by persons who are staff members of a health
3                      service provider or persons employed or engaged in the
4                      Department or other persons.
5       (2)     The Department CEO may request any of these persons or
6               bodies to disclose relevant information to the Department
7               CEO --
8                 (a) a public authority;
9                (b) an interstate authority;
10                (c) an external provider.

11                         Division 3 -- Confidentiality
12   219.       Confidentiality
13      (1)     A person must not (whether directly or indirectly) collect, use or
14              disclose any information obtained by the person because of --
15                (a) the person's office, position, employment or
16                      engagement under or for the purposes of this Act; or
17                (b) any disclosure made to the person under this Act,
18                      including in response to a request made under
19                      section 218(2).
20              Penalty for this subsection: a fine of $5 000.
21      (2)     Subsection (1) does not apply in relation to the collection, use or
22              disclosure of statistical or other information that is not personal
23              information.
24      (3)     A person does not commit an offence under subsection (1) if the
25              collection, use or disclosure of the information is authorised
26              under section 220(1).




     page 146
                                                       Health Services Bill 2016
                                                     Information        Part 17
                                                   Confidentiality   Division 3
                                                                          s. 220



1    220.     Authorised collection, use or disclosure of information
2       (1)   For the purposes of this Act, the collection, use or disclosure of
3             information is authorised if the information is collected, used or
4             disclosed in good faith in any of these circumstances --
5               (a) for the purpose of, or in connection with, performing a
6                     function under this Act or another written law;
7               (b) for the purposes of section 215 or Division 2;
8               (c) otherwise under this Act, including in response to a
9                     request made under section 61 or 218(2);
10              (d) under another law;
11              (e) to a court or other person or body acting judicially in the
12                    course of proceedings before the court or other person or
13                    body;
14               (f) under an order of a court or other person or body acting
15                    judicially;
16              (g) for the purposes of the investigation of a suspected
17                    offence or disciplinary matter or the conduct of
18                    proceedings against a person for an offence or
19                    disciplinary matter;
20              (h) if the information collected, used or disclosed is
21                    personal information -- with the consent of the
22                    individual, or each individual, to whom the personal
23                    information relates;
24               (i) any other circumstances prescribed for this subsection.
25      (2)   Subsection (1)(e) and (f) apply subject to section 178(2).
26      (3)   If the collection, use or disclosure of information is authorised
27            under subsection (1) --
28               (a) no civil or criminal liability is incurred in respect of the
29                     collection, use or disclosure; and




                                                                         page 147
     Health Services Bill 2016
     Part 17         Information
     Division 3      Confidentiality
     s. 221



1                (b)   the collection, use or disclosure is not to be regarded
2                      as --
3                         (i) a breach of any duty of confidentiality or secrecy
4                              imposed by law; or
5                        (ii) a breach of professional ethics or standards or
6                              any principles of conduct applicable to a
7                              person's employment; or
8                       (iii) unprofessional conduct.

9    221.       Regulations relating to information
10              The regulations may include provisions about the following --
11               (a) the circumstances in which information may be
12                     disclosed under this Part;
13               (b) the conditions subject to which information may be
14                     disclosed under this Part;
15               (c) the receipt, use and storage of information disclosed
16                     under this Part;
17               (d) the restriction of access to information disclosed under
18                     this Part;
19               (e) the maximum period for which information disclosed
20                     under this Part may be retained;
21                (f) the circumstances in which information disclosed under
22                     this Part must be destroyed.




     page 148
                                                        Health Services Bill 2016
                                                  Miscellaneous          Part 18
                                               Legal proceedings      Division 1
                                                                           s. 222



1                        Part 18 -- Miscellaneous
2                      Division 1 -- Legal proceedings
3    222.     Commencement of prosecutions
4       (1)   Except as provided in section 212(2), proceedings for an
5             offence under this Act may be commenced in the name of the
6             Department CEO by the Department CEO or a person
7             authorised to do so by the CEO.
8       (2)   In any proceedings no proof is required of the authorisation of a
9             person under subsection (1), but an averment in a prosecution
10            notice that the person is so authorised is to be taken to be proved
11            in the absence of proof to the contrary.
12      (3)   Subsection (1) does not limit the ability of a person to
13            commence or conduct the prosecution of an offence if the
14            person has authority at law to do so.

15   223.     Appointments and signatures taken to be proved
16      (1)   In any proceedings the appointments of the following are,
17            unless the contrary is shown, to be taken to be proved --
18              (a) the Department CEO;
19              (b) a chief executive;
20              (c) a member of the board of a health service provider;
21              (d) the chairperson of a health service provider;
22              (e) a member of a committee.
23      (2)   In any proceedings, the signatures of the persons mentioned in
24            subsection (1) are, in the absence of proof to the contrary, to be
25            taken to be proved.

26   224.     Documentary evidence of certain matters
27      (1)   In this section --
28            specified means specified in the relevant certificate.


                                                                        page 149
     Health Services Bill 2016
     Part 18         Miscellaneous
     Division 2      Miscellaneous
     s. 225



1       (2)     A certificate purporting to be signed by the Department CEO or
2               a chief executive and stating any of the following matters is,
3               unless the contrary is shown, proof of the matter --
4                 (a) a specified document is one of the following things
5                       made, given, issued or kept under this Act --
6                          (i) a policy framework, direction or requirement;
7                         (ii) an appointment, notice or decision;
8                        (iii) a record or report, or an extract from a record or
9                               report;
10                (b) a specified document is a copy of a thing mentioned in
11                      paragraph (a);
12                (c) on a specified day, or during a specified period, an
13                      appointment as an authorised person under regulations
14                      mentioned in section 209(e) was, or was not, in force for
15                      a specified person;
16                (d) on a specified day a specified person was given a
17                      specified document under this Act;
18                (e) on a specified day a specified requirement was made of,
19                      or a specified direction was given to, a specified person;
20                 (f) a specified amount is payable by a specified person
21                      under this Act and has not been paid.

22   225.       Evidence Act 1906 not affected
23              This Division is in addition to and does not affect the operation
24              of the Evidence Act 1906.

25                          Division 2 -- Miscellaneous
26   226.       Protection from liability for persons exercising functions
27      (1)     An action in tort does not lie against a person other than a health
28              service provider for any thing that the person has done, in good
29              faith, in the performance or purported performance of a function
30              under this Act.


     page 150
                                                       Health Services Bill 2016
                                                   Miscellaneous        Part 18
                                                   Miscellaneous     Division 2
                                                                          s. 227



1       (2)   The protection given by subsection (1) applies even though the
2             thing done as described in that subsection may have been
3             capable of being done whether or not this Act had been enacted.
4       (3)   Despite subsection (1), neither a health service provider nor the
5             State is relieved of any liability that it might have for another
6             person having done any thing as described in that subsection.
7       (4)   In this section, a reference to the doing of any thing includes a
8             reference to the omission to do any thing.

9    227.     Minister and health service providers not required to be
10            registered
11            Despite any written law requiring the registration of a person
12            who provides a health service, the Minister or a health service
13            provider --
14              (a) may provide the health service even though the Minister
15                   or health service provider is not registered under that
16                   written law; and
17              (b) does not commit an offence by providing the health
18                   service.

19   228.     Modifications for purposes of Workers' Compensation and
20            Injury Management Act 1981 Part IV Division 2
21      (1)   In this section --
22            health service employee has the same meaning as employee has
23            in section 6;
24            injury or hearing loss means --
25              (a) an injury suffered by a health service employee; or
26              (b) a noise induced hearing loss suffered by a health service
27                     employee that is not an injury,
28            in respect of which compensation has been paid or is payable
29            under the WCIM Act by or on behalf of the State, or would
30            have been so payable but for section 22 of that Act;



                                                                        page 151
     Health Services Bill 2016
     Part 18         Miscellaneous
     Division 2      Miscellaneous
     s. 229



1               WCIM Act means the Workers' Compensation and Injury
2               Management Act 1981.
3       (2)     For the purposes of the application of the WCIM Act Part IV
4               Division 2 --
5                (a) the awarding of damages against a health service
6                       provider independently of the WCIM Act in respect of
7                       an injury or hearing loss suffered by a health service
8                       employee is to be taken to be the awarding of damages
9                       against the State; and
10               (b) any negligence or other tort by the health service
11                      provider that caused the injury or hearing loss is to be
12                      taken to be the negligence or other tort of the State; and
13               (c) any prohibition under that Division against the awarding
14                      of damages in respect of the injury or hearing loss is to
15                      be taken to be a prohibition against the awarding of the
16                      damages against either or both of the State and the
17                      health service provider; and
18               (d) any conditions or limitations that apply under that
19                      Division in relation to the awarding of damages in
20                      respect of the injury or hearing loss, or to the amount of
21                      the damages, are to be taken to be conditions or
22                      limitations that apply to the awarding of the damages
23                      against either or both of the State and the health service
24                      provider or to the amount of the damages.

25   229.       Laying documents before House of Parliament not sitting
26      (1)     If a provision of this Act requires the Minister to cause a
27              document to be laid before each House of Parliament, or be
28              dealt with under this section, within a period and --
29                 (a) when the Minister is ready to act, a House of Parliament
30                      is not sitting; and




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                                                   Miscellaneous        Part 18
                                                   Miscellaneous     Division 2
                                                                          s. 230



1              (b)   the Minister is of the opinion that the House will not sit
2                    during that period,
3             the Minister must transmit a copy of the document to the Clerk
4             of that House.
5       (2)   A copy of a document transmitted to the Clerk of a House is to
6             be regarded as having been laid before that House.
7       (3)   The laying of a copy of a document that is regarded as having
8             occurred under subsection (2) is to be recorded in the Minutes,
9             or Votes and Proceedings, of the House on the first sitting day
10            of the House after the Clerk received the copy.

11   230.     Regulations -- general power
12      (1)   The Governor may make regulations prescribing matters --
13             (a) required or permitted by this Act to be prescribed: or
14             (b) necessary or convenient to be prescribed for giving
15                  effect to this Act.
16      (2)   Without limiting subsection (1), the regulations may provide
17            for, authorise, prescribe, require, prohibit, restrict or otherwise
18            regulate the following --
19              (a) the procedure to be followed at, or in connection with,
20                    an inquiry under Part 14;
21              (b) the seizure or forfeiture of items under this Act;
22              (c) fees and charges payable under this Act and the recovery
23                    of those fees and charges;
24              (d) the verification by statutory declaration of information
25                    or documents given under this Act;
26              (e) the review by the State Administrative Tribunal of a
27                    decision made under this Act.
28      (3)   The regulations may provide that contravention of a regulation
29            is an offence and may provide for the offence to be punishable
30            on conviction by a penalty not exceeding a fine of $10 000.


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     Health Services Bill 2016
     Part 18         Miscellaneous
     Division 2      Miscellaneous
     s. 231



1       (4)     A regulation may specify the method and the means by which
2               any fines imposed are to be paid and collected, or recovered.

3    231.       Regulations may adopt codes or legislation
4       (1)     In this section --
5               code means a code, standard, rule, specification or other
6               document, published in or outside Australia, that does not by
7               itself have legislative effect in this State;
8               subsidiary legislation includes rules, regulations, instructions,
9               local laws and by-laws.
10      (2)     Regulations may adopt, either wholly or in part or with
11              modifications --
12               (a) any code; or
13               (b) any subsidiary legislation made, determined or issued
14                     under any other Act or under any Act of the
15                     Commonwealth, another State or a Territory.
16      (3)     The adoption may be by --
17               (a) incorporating the code or subsidiary legislation in the
18                     regulations; or
19               (b) incorporating the code or subsidiary legislation by
20                     reference.
21      (4)     If regulations adopt a code or subsidiary legislation by
22              reference, then, unless the regulations specify that a particular
23              text is adopted --
24                 (a) the code or subsidiary legislation is adopted as existing
25                       or in force when the regulations are made; and
26                (b) any amendments made to the code or subsidiary
27                       legislation after the regulations are made have no legal
28                       effect as part of the regulations unless they are
29                       specifically adopted by later regulations or a later
30                       amendment to the regulations.



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                                                  Miscellaneous        Part 18
                                                  Review of Act     Division 3
                                                                         s. 232



1       (5)   If regulations adopt a code or subsidiary legislation by
2             reference, the Department CEO must --
3                (a) ensure that a copy of the code or subsidiary legislation,
4                     including any amendments made to it from time to time
5                     that have been adopted, is available, without charge, for
6                     public inspection; and
7               (b) publish a notice in the Gazette giving details of where
8                     those documents may be inspected or obtained.

9                         Division 3 -- Review of Act
10   232.     Review of Act
11      (1)   The Minister must carry out a review of the operation and
12            effectiveness of this Act --
13              (a) as soon as is practicable after the expiry of the period of
14                    5 years beginning on the day on which this section
15                    comes into operation; and
16              (b) after that, at intervals of not more than 5 years.
17      (2)   The Minister must --
18             (a) prepare a report based on each review; and
19             (b) cause it to be laid before each House of Parliament, or
20                  dealt with under section 229, within 14 days after it is
21                  prepared.




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     Health Services Bill 2016
     Part 19         Transitional and savings matters
     Division 1      Interpretation
     s. 233



1            Part 19 -- Transitional and savings matters
2                          Division 1 -- Interpretation
3    233.       Terms used
4               In this Part unless the contrary intention appears --
5               hospital board --
6                 (a) means a board constituted under the HHS Act
7                        section 15; and
8                 (b) except in Division 2, includes the Minister in relation to
9                        any public hospital controlled by the Minister under the
10                       HHS Act section 7;
11              HHS Act means the Hospitals and Health Services Act 1927 as
12              in force immediately before transition day;
13              LA Act means the Land Administration Act 1997;
14              Minister for Lands means the Minister as defined in the LA Act
15              section 3(1);
16              operating account means an agency special purpose account
17              established under the Financial Management Act 2006
18              section 16;
19              relevant successor means --
20                (a) in relation to a function of a hospital board that becomes
21                       a function of a health service provider on transition
22                       day -- the health service provider;
23                (b) in relation to a function of a hospital board that becomes
24                       a function of the Department CEO on transition day --
25                       the Department CEO;
26                (c) in relation to assets and liabilities assigned to a health
27                       service provider by section 237 -- the health service
28                       provider;
29                (d) in relation to assets and liabilities assigned to the
30                       Ministerial Body by section 237 -- the Ministerial
31                       Body;

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                               Transitional and savings matters        Part 19
                                 Boards and ministerial control     Division 2
                                                                         s. 234



1           statutory transition --
2             (a) means the transition from the provisions of the HHS Act
3                   to this Act; and
4             (b) includes the transition from hospital boards to a relevant
5                   successor;
6           this Part includes regulations made under section 256;
7           transfer order means an order made under section 238;
8           transition day means the day on which section 234 comes into
9           operation.

10            Division 2 -- Boards and ministerial control
11   234.   Boards abolished and Minister ceases to control hospitals
12          On transition day --
13           (a) each hospital board constituted under the HHS Act
14                 section 15 is abolished and the members of each hospital
15                 board go out of office; and
16           (b) the Minister ceases to have management and control of
17                 any hospital under the HHS Act section 7.

18   235.   Immunity continues
19          Despite the abolition of the hospital boards, and removal of
20          ministerial control and management, by section 234, if a
21          hospital board or the Minister had the benefit of any immunity
22          in respect of an act, matter or thing done or omitted before
23          transition day, that immunity continues on and after transition
24          day in that respect for the benefit of a relevant successor so far
25          as the act, matter or thing is within the relevant successor's
26          functions.




                                                                      page 157
     Health Services Bill 2016
     Part 19         Transitional and savings matters
     Division 3      Hospital boards' assets, rights and liabilities
     s. 236



1        Division 3 -- Hospital boards' assets, rights and liabilities
2    236.       Division does not apply to land reserved under the Queen
3               Elizabeth II Medical Centre Act 1966
4               Nothing in this Division applies to land that forms part of the
5               reserve under the Queen Elizabeth II Medical Centre Act 1966.

6    237.       Transfer to health service provider or Ministerial Body
7       (1)     On transition day --
8                 (a)   the assets of a hospital board specified in a transfer order
9                       are assigned to and become assets of the health service
10                      provider specified in the order; and
11               (b)    the rest of the assets of each hospital board are assigned
12                      to and become assets of the Ministerial Body.
13      (2)     On transition day --
14                (a)   the liabilities of a hospital board specified in a transfer
15                      order are assigned to and become liabilities of the health
16                      service provider specified in the order; and
17               (b)    the rest of the liabilities of each hospital board are
18                      assigned to and become liabilities of the Ministerial
19                      Body.
20      (3)     On transition day the Ministerial Body is substituted for the
21              hospital board as a party to any proceedings specified in a
22              transfer order.
23      (4)     On and after transition day, any agreement or instrument
24              specified in a transfer order has effect as if references to the
25              Ministerial Body were substituted, in accordance with the order,
26              for references to a hospital board.
27      (5)     On and after transition day, any proceedings or remedy that
28              might have been commenced by or against, or might have been
29              available to or against, a hospital board in relation to the assets



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                                                         Health Services Bill 2016
                                 Transitional and savings matters         Part 19
                      Hospital boards' assets, rights and liabilities  Division 3
                                                                            s. 238



1             and liabilities assigned by subsections (1) and (2) may be
2             commenced by or against, or are available to or against --
3               (a) a health service provider in the case of assets and
4                     liabilities assigned to the health service provider by
5                     subsections (1)(a) and (2)(a); and
6               (b) the Ministerial Body in the case of assets and liabilities
7                     assigned by subsections (1)(b) and (2)(b).
8       (6)   On and after transition day, an act or omission done or omitted
9             in relation to the assets and liabilities assigned by
10            subsections (1) and (2) before the assignment by, to or in
11            respect of a hospital board is, to the extent that the act or
12            omission has any effect, to be taken to have been done or
13            omitted by, to or in respect of --
14              (a) the health service provider in the case of the assets and
15                     liabilities assigned to the health service provider by
16                     subsections (1)(a) and (2)(a); and
17              (b) the Ministerial Body in the case of assets and liabilities
18                     assigned by subsections (1)(b) and (2)(b).
19      (7)   This section does not apply to --
20             (a) moneys standing to the credit of an operating account of
21                   a hospital board; or
22             (b) Crown land to which section 240 applies.

23   238.     Transfer orders
24      (1)   To facilitate the statutory transition, the Minister may, by order
25            published in the Gazette (a transfer order), specify all or any of
26            the following --
27              (a) assets and liabilities of a hospital board that are to be
28                    assigned to a health service provider by operation of
29                    section 237;
30              (b) proceedings in which the Ministerial Body is to be
31                    substituted for a hospital board as a party by operation
32                    of section 237;


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     Health Services Bill 2016
     Part 19         Transitional and savings matters
     Division 3      Hospital boards' assets, rights and liabilities
     s. 238



1                 (c)   agreements and instruments that, by operation of
2                       section 237, are to have effect as if references to the
3                       Ministerial Body were substituted, in accordance with
4                       the order, for references in the agreements and
5                       instruments to a hospital board.
6       (2)     A transfer order may also deal with any matter that is incidental
7               or supplementary to a matter to which subsection (1) relates and
8               the transfer order has effect accordingly.
9       (3)     A transfer order may specify things by reference to one or more
10              schedules that --
11                (a) need not be published in the Gazette; but
12                (b) must be available for public inspection.
13      (4)     Anything specified in a schedule for a transfer order is to be
14              taken to be specified in the transfer order.
15      (5)     A thing may be specified in a transfer order by describing the
16              class to which it belongs.
17      (6)     Before a transfer order is made specifying anything by reference
18              to a schedule, the Minister must consult with each relevant lands
19              official about the form and content of the schedule.
20      (7)     To the extent to which a schedule for a transfer order relates to
21              the functions of the Registrar of Titles, the schedule must be in a
22              form that meets the requirements of the Registrar.
23      (8)     A thing done by, under or for the purposes of this Part is not
24              invalid merely because subsection (6) or (7) was not complied
25              with.
26      (9)     The fact that a previous transfer order has been made does not
27              prevent a further transfer order from being made.
28     (10)     The Minister may, by order published in the Gazette, amend a
29              transfer order or a schedule for a transfer order.




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                                                         Health Services Bill 2016
                                 Transitional and savings matters         Part 19
                      Hospital boards' assets, rights and liabilities  Division 3
                                                                            s. 239



1     (11)    A transfer order, or an amendment to a transfer order or to a
2             schedule for a transfer order, can only be made before transition
3             day.

4    239.     Correction of errors in transfer orders
5       (1)   The Minister may, by order published in the Gazette, make any
6             provision that is necessary to correct any error in a transfer
7             order or a schedule for a transfer order.
8       (2)   An order made under subsection (1) may have effect on and
9             after transition day.
10      (3)   To the extent that an order made under subsection (1) has effect
11            before the day of its publication in the Gazette, section 237 does
12            not operate as a result of the order so as --
13              (a) to affect in a manner prejudicial to any person (other
14                    than the State or an authority of the State) the rights of
15                    that person existing before the day of its publication; or
16              (b) to impose liabilities on any person (other than the State
17                    or an authority of the State) in respect of anything done
18                    or omitted before the day of its publication.

19   240.     Reserves
20      (1)   This section applies to --
21             (a) any Crown land that, immediately before transition day,
22                   was a reserve under the LA Act section 41 for which a
23                   hospital board was the management body under the
24                   LA Act section 46(1); and
25             (b) any Crown land that, immediately before transition day
26                   was a reserve for the endowment of a public hospital
27                   under the HHS Act section 12.
28      (2)   On transition day --
29             (a) Crown land to which this section applies is to be taken
30                   to be a reserve under the LA Act section 41 for the
31                   purposes of this Act; and


                                                                        page 161
     Health Services Bill 2016
     Part 19         Transitional and savings matters
     Division 3      Hospital boards' assets, rights and liabilities
     s. 241



1                (b)   the Ministerial Body is to be taken to be the
2                      management body of the reserve under the LA Act
3                      section 46(1).
4       (3)     For the purposes of section 241 and the purposes of the
5               LA Act --
6                (a) subsection (2)(a) must be treated as if it were an order
7                       made under the LA Act section 51 changing the purpose
8                       of the reserve; and
9                (b) subsection (2)(b) must be treated as if it were --
10                        (i) an order made under the LA Act section 50(1)(a)
11                              revoking the management order placing the care,
12                              control and management of the reserve with the
13                              hospital board and specifying that any interests
14                              that existed in, or any caveats that existed in
15                              respect of, the reserve immediately before
16                              transition day continue to exist in respect of the
17                              reserve on and after transition day; and
18                       (ii) a management order made under the LA Act
19                              section 46(1) placing the care, control and
20                              management of the reserve with the Ministerial
21                              Body subject to any conditions (with the changes
22                              necessary to take account of differences as to the
23                              purpose and management body) to which the
24                              management order referred to in subparagraph (i)
25                              was subject immediately before transition day.

26   241.       Registration of documents
27      (1)     The relevant lands officials --
28               (a) must take notice of this Part and any transfer order,
29                      including any schedule for the transfer order; and
30               (b) must record and register in the appropriate manner the
31                      documents necessary to show the effect of this Part and
32                      any transfer order.



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                                                          Health Services Bill 2016
                                  Transitional and savings matters         Part 19
                       Hospital boards' assets, rights and liabilities  Division 3
                                                                             s. 242



1       (2)   The Minister must give a copy of each transfer order and any
2             schedule for it, and any amendment to a transfer order or to a
3             schedule for a transfer order, to each relevant lands official.

4    242.     Hospital boards to complete necessary transactions
5       (1)   If an asset or liability of a hospital board cannot be properly
6             assigned to a health service provider or the Ministerial Body by
7             the operation of this Division (whether because the matter is
8             governed otherwise than by the law of the State or for any other
9             reason) --
10               (a) the hospital board is to be taken to continue to hold that
11                    asset or be liable for that liability until it is effectively
12                    assigned to a health service provider or the Ministerial
13                    Body in accordance with this Division; and
14              (b) the hospital board must take all practicable steps for the
15                    purpose of ensuring that the asset or liability is
16                    effectively assigned to a health service provider or the
17                    Ministerial Body in accordance with this Division.
18      (2)   The fact that subsection (1)(a) applies to an asset or liability that
19            is to be assigned to a health service provider or the Ministerial
20            Body under this Division does not affect the duty of the
21            accountable authority of the hospital board under the Financial
22            Management Act 2006.
23      (3)   Despite section 234, a hospital board continues in existence as a
24            corporate body for the purpose of performing the functions
25            described in subsection (1).
26      (4)   The hospital board must perform those functions through a
27            person appointed by the Minister.
28      (5)   The person holds office at the pleasure of the Minister and on
29            such terms and conditions as the Minister determines.
30      (6)   The hospital boards as continued by this section have the
31            powers that are necessary or convenient for the purposes of this
32            section.


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     Health Services Bill 2016
     Part 19         Transitional and savings matters
     Division 3      Hospital boards' assets, rights and liabilities
     s. 243



1    243.       Exemption from State tax
2       (1)     State tax is not payable in relation to --
3                 (a) anything that occurs by operation of this Part; or
4                 (b) anything done (including a transaction entered into or an
5                       instrument or document of any kind made, executed,
6                       lodged or given) under this Part, or to give effect to this
7                       Part, or for a purpose connected with or arising out of
8                       giving effect to this Part.
9       (2)     The Minister may certify in writing that --
10               (a) a specified thing occurred by operation of this Part; or
11               (b) a specified thing was done under this Part, or to give
12                    effect to this Part, or for a purpose connected with or
13                    arising out of giving effect to this Part.
14      (3)     For all purposes and in all proceedings, a certificate under
15              subsection (2) is sufficient evidence of the matters it certifies
16              unless the contrary is shown.

17   244.       Operating accounts of hospital boards
18      (1)     In this section --
19              former account means the operating account of a hospital
20              board.
21      (2)     On transition day, moneys standing to the credit of a former
22              account must be credited in amounts determined in writing by
23              the Minister to either or both of the following accounts --
24                (a) an operating account of a specified health service
25                     provider;
26                (b) an operating account of the Department.
27      (3)     The former account must be closed after moneys are credited
28              under subsection (2).




     page 164
                                                        Health Services Bill 2016
                                 Transitional and savings matters        Part 19
                                                            Staff     Division 4
                                                                           s. 245



1       (4)   Moneys referred to in subsection (2) may be applied --
2              (a) in the payment of any liabilities of the former account
3                   arising before transition day; and
4              (b) for the purposes of the health service provider or the
5                   Department, as the case requires.
6       (5)   An operating account to which moneys are credited under
7             subsection (2) must be credited as directed in writing by the
8             Minister with any money payable to the former accounts before
9             transition day that is paid on or after that day.
10      (6)   On and after transition day, any agreement, instrument or other
11            document that contains a reference to any of the former
12            accounts has effect as if the reference were to the relevant
13            operating account to which moneys are credited under
14            subsection (2).
15      (7)   If there is any doubt as to which is the relevant operating
16            account for the purposes of subsection (6), the Minister will
17            determine the relevant operating account.

18                             Division 4 -- Staff
19   245.     Employees of hospital boards
20      (1)   In this section --
21            existing employee means a person employed by a hospital board
22            immediately before transition day.
23      (2)   The Department CEO must, before transition day --
24             (a) determine that an existing employee is to be employed
25                  in a specified health service provider on and from
26                  transition day; or
27             (b) determine that an existing employee is to be employed
28                  in the Department on and from transition day.
29      (3)   The Department CEO must notify each existing employee of the
30            determination made in respect of the employee.


                                                                       page 165
     Health Services Bill 2016
     Part 19         Transitional and savings matters
     Division 4      Staff
     s. 246



1       (4)     A notification under subsection (3) --
2                (a) if the determination changes the employment location or
3                       status of the existing employee -- must be given in
4                       writing to the existing employee; or
5                (b) otherwise -- may be given by notice in writing
6                       addressed to a class of existing employees.
7       (5)     An existing employee given a notice under subsection (3) is, on
8               and after transition day, to be taken to be employed under this
9               Act as an employee in the health service provider or employed
10              under the PSM Act or under section 22 as an employee in the
11              Department, as is specified in the notice.

12   246.       Preservation of rights
13      (1)     This section applies in relation to an existing employee to whom
14              section 245 applies.
15      (2)     Except as otherwise agreed by an employee, the change from
16              employment by a hospital board to employment in a health
17              service provider or the Department does not --
18                (a) affect the employee's pay as defined in the Public
19                      Sector Management (Redeployment and Redundancy)
20                      Regulations 2014 regulation 3(1); or
21                (b) affect the employee's existing or accrued rights in
22                      respect of annual leave, long service leave, sick leave or
23                      any other leave; or
24                (c) affect any rights under a superannuation scheme; or
25                (d) interrupt the continuity of the employee's service.
26      (3)     For the purposes of subsection (2)(d), the person's service with
27              the hospital board is to be taken to have been service in the
28              health service provider or Department, as the case requires.




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                                                        Health Services Bill 2016
                                 Transitional and savings matters        Part 19
                                    Continuation of certain things    Division 5
                                                                           s. 247



1               Division 5 -- Continuation of certain things
2    247.     Completion of things done
3             Anything commenced to be done by a hospital board before
4             transition day may be continued on and after transition day by a
5             relevant successor so far as the doing of the thing is within the
6             relevant successor's functions.

7    248.     Continuing effect of things done
8       (1)   This section applies in relation to an act or omission done or
9             omitted before transition day by, to or in respect of a hospital
10            board to the extent that the act or omission --
11              (a) has force or significance; and
12             (b) is not governed by another provision of this Part.
13      (2)   On and after transition day, the act or omission is to be taken to
14            have been done or omitted by, to or in respect of a relevant
15            successor so far as the act or omission relates to the relevant
16            successor's functions.

17   249.     Agreements, instruments, proceedings and remedies
18            generally
19      (1)   Subsection (2) applies to any agreement or instrument to which
20            section 237 does not apply.
21      (2)   On and after transition day, any agreement or instrument that
22            contains a reference to a hospital board has effect as if the
23            reference were to a relevant successor so far as the reference
24            relates to the relevant successor's functions, unless the context
25            otherwise requires.
26      (3)   Subsection (4) applies in relation to any proceedings or remedy
27            to which section 237 does not apply.
28      (4)   On and after transition day, any proceedings or remedy that
29            might have been commenced or continued by or against, or
30            might have been available to or against, a hospital board may be

                                                                        page 167
     Health Services Bill 2016
     Part 19         Transitional and savings matters
     Division 6      Quadriplegic Centre
     s. 250



1               commenced or continued by or against, or is available to or
2               against, a relevant successor so far as the proceedings or remedy
3               are in respect of an act, matter or thing that is within the
4               relevant successor's functions.

5                       Division 6 -- Quadriplegic Centre
6    250.       Terms used
7               In this section --
8               new body corporate means the body corporate mentioned in
9               section 251(2);
10              old body corporate means the body corporate established by the
11              corporate name the Quadriplegic Centre Board under the
12              HHS Act section 15.

13   251.       Quadriplegic Centre continued
14      (1)     The public hospital known as the Quadriplegic Centre is to be
15              taken to have been declared by order under section 32(1) to be a
16              health service area.
17      (2)     A body corporate is to be taken to have been established by
18              order under section 32(1) as a board governed provider for the
19              Quadriplegic Centre and to have been assigned the corporate
20              name Quadriplegic Centre.
21      (3)     The new body corporate is a continuation of, and the same legal
22              entity as, the old body corporate.
23      (4)     Subsections (1) and (2) have effect and may be treated as if they
24              were orders under section 32(1).
25      (5)     The assets, rights and liabilities of or in relation to the old body
26              corporate continue as assets, rights and liabilities of or in
27              relation to the new body corporate.
28      (6)     If in a written law or other document or instrument there is --
29                 (a) a reference to the old body corporate; or


     page 168
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                                 Transitional and savings matters        Part 19
                                              Quadriplegic Centre     Division 6
                                                                           s. 252



1              (b)   a reference that is read and construed as a reference to
2                    the old body corporate,
3             the reference may, where the context so requires, be read as if it
4             had been amended to be a reference to the new body corporate.

5    252.     Quadriplegic Centre board members
6             On and after transition day a person who was a member of the
7             Quadriplegic Centre board, as constituted under the HHS Act
8             section 15 immediately before transition day --
9               (a) is to be taken to have been appointed as a member of the
10                    board of the Quadriplegic Centre under section 71(1);
11                    and
12              (b) subject to this Act, holds that office for the remainder of
13                    the period for which the person was appointed to the
14                    Quadriplegic Centre board constituted under the
15                    HHS Act.

16   253.     Staff members
17      (1)   In this section --
18            existing employee means a person employed under the HHS Act
19            section 19 by the old body corporate immediately before
20            transition day.
21      (2)   An existing employee is, on and after transition day, to be taken
22            to be employed under this Act as an employee in the new body
23            corporate.
24      (3)   A person who was engaged under the HHS Act section 19 by
25            the old body corporate immediately before transition day is to
26            be taken to be engaged by the new body corporate under this
27            Act.




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     Part 19         Transitional and savings matters
     Division 7      Other matters
     s. 254



1    254.       Preservation of rights
2       (1)     Except as otherwise agreed by an employee, the change from
3               employment by the old body corporate to employment in the
4               new body corporate does not --
5                 (a) affect the employee's pay as defined in the Public
6                      Sector Management (Redeployment and Redundancy)
7                      Regulations 2014 regulation 3(1); or
8                 (b) affect the employee's existing or accrued rights in
9                      respect of annual leave, long service leave, sick leave or
10                     any other leave; or
11                (c) affect any rights under a superannuation scheme; or
12                (d) interrupt the continuity of the employee's service.
13      (2)     For the purposes of subsection (1)(d), the person's service with
14              the old body corporate is to be taken to have been service in the
15              new body corporate.

16   255.       Transfer of contracts for services
17              A person engaged by the old body corporate under a contract for
18              services that is in force immediately before transition day, is to
19              be taken to have been engaged, on and from transition day, by
20              the new body corporate on the same terms and conditions, for
21              the remainder of the duration of the contract.

22                          Division 7 -- Other matters
23   256.       Transitional regulations
24      (1)     In this section --
25              publication day, for regulations made under subsection (2),
26              means the day on which those regulations are published in the
27              Gazette;
28              specified means specified or described in regulations made
29              under subsection (2);



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                                                 Other matters     Division 7
                                                                        s. 256



1          transitional matter --
2            (a) means a matter that needs to be dealt with for the
3                  purpose of effecting the statutory transition; and
4            (b) includes a saving or application matter.
5    (2)   If there is no sufficient provision in this Part or in a transfer
6          order for dealing with a transitional matter, the Governor may
7          make regulations prescribing matters --
8             (a) required to be prescribed for the purpose of dealing with
9                   the transitional matter; or
10           (b) necessary or convenient to be prescribed for the purpose
11                  of dealing with the transitional matter.
12   (3)   Regulations made under subsection (2) may provide that
13         specified provisions of this Act --
14           (a) do not apply to or in relation to a specified matter; or
15           (b) apply with specified modifications to or in relation to a
16                 specified matter.
17   (4)   If regulations made under subsection (2) provide that a specified
18         state of affairs is to be taken to have existed, or not to have
19         existed, on and after a day that is earlier than publication day
20         but not earlier than transition day, the regulations have effect
21         according to their terms.
22   (5)   If regulations contain a provision referred to in subsection (4),
23         the provision does not operate so as --
24            (a) to affect in a manner prejudicial to any person (other
25                 than the State or an authority of the State) the rights of
26                 that person existing before publication day for those
27                 regulations; or
28           (b) to impose liabilities on a person (other than the State or
29                 an authority of the State) in respect of an act done or
30                 omission made before publication day for those
31                 regulations.



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     Division 7      Other matters
     s. 257



1       (6)     Regulations can only be made under subsection (2) within
2               36 months after the day on which this Act receives the Royal
3               Assent.

4    257.       Effect of other instruments, rights and obligations
5               The operation of this Part or a transfer order must not be
6               regarded --
7                 (a) as a breach of contract or confidence or otherwise as a
8                      civil wrong; or
9                 (b) as a breach of any contractual provision prohibiting,
10                     restricting or regulating the assignment or transfer of
11                     assets, rights or liabilities or the disclosure of
12                     information; or
13                (c) as giving rise to any remedy by a party to an instrument,
14                     or as causing or permitting the termination of any
15                     instrument, because of a change in the beneficial or legal
16                     ownership of any assets, rights or liabilities; or
17                (d) as causing any contract or instrument to be void or
18                     otherwise unenforceable; or
19                (e) as releasing or allowing the release of any surety.

20   258.       Interpretation Act 1984 not affected
21              Except to the extent this Part expressly provides differently, the
22              Interpretation Act 1984 applies in relation to the repeal of an
23              enactment by Part 20, 21 or 22.




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                   Hospitals and Health Services legislation amended          Part 20
                    Hospitals and Health Services Act 1927 amended         Division 1
                                                                                s. 259



1                Part 20 -- Hospitals and Health Services
2                         legislation amended
3     Division 1 -- Hospitals and Health Services Act 1927 amended
4    259.        Act amended
5                This Division amends the Hospitals and Health Services
6                Act 1927.

7    260.        Long title replaced
8                Delete the long title and insert:
9

10               An Act to provide for the control and regulation of private
11               hospitals and private psychiatric hostels and for related
12               purposes.
13


14   261.        Section 1 replaced
15               Delete section 1 and insert:
16


17          1.         Short title
18                     This is the Private Hospitals and Health Services
19                     Act 1927.
20


21   262.        Section 2 amended
22      (1)      In section 2(1) delete the definitions of:
23               agency
24               agency board
25               board
26               Commonwealth Act
27               day hospital facility

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     Part 20         Hospitals and Health Services legislation amended
     Division 1      Hospitals and Health Services Act 1927 amended
     s. 262



1               Executive Director
2               hospital
3               hospital service
4               hospital service provider
5               nursing post
6               practitioner
7               public hospital
8               teaching hospital
9       (2)     In section 2(1) insert in alphabetical order:
10

11                    health service has the meaning given in the Health
12                    Services Act 2016 section 7;
13                    hospital has the meaning given in the Health Services
14                    Act 2016 section 8;
15                    medical practitioner means a person registered under
16                    the Health Practitioner Regulation National Law
17                    (Western Australia) in the medical profession;
18                    mental illness has the meaning given in the Mental
19                    Health Act 2014 section 4;
20                    private hospital service provider means the holder of a
21                    licence granted under this Act to conduct a private
22                    hospital or a private psychiatric hostel;
23                    private psychiatric hostel means private premises in
24                    which 3 or more persons who --
25                      (a) are socially dependent because of mental
26                            illness; and
27                      (b) are not members of the family of the proprietor
28                            of the premises,
29                    reside and are treated or cared for;




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                Hospitals and Health Services legislation amended          Part 20
                 Hospitals and Health Services Act 1927 amended         Division 1
                                                                             s. 263



1                   public hospital has the meaning given in the Health
2                   Services Act 2016 section 8(6) and --
3                     (a) includes a hospital declared to be a public
4                          hospital under the Health Services Act 2016
5                          section 8(7); and
6                    (b) does not include a hospital declared not to be a
7                          public hospital under the Health Services
8                          Act 2016 section 8(8).
9

10      (3)   In section 2(1) in the definition of private non-profit hospital
11            delete "a hospital" and insert:
12

13            a private hospital
14

15      (4)   Delete section 2(1A).
16      (5)   Delete section 2(3) and (4).

17   263.     Section 3 amended
18      (1)   In section 3(1) delete "and any public hospital".
19      (2)   Delete section 3(2).
20      (3)   In section 3(3) delete "a public hospital, or is not a nursing
21            home, as the case may be, for" and insert:
22

23            a nursing home for
24

25      (4)   Delete section 3(4) and (5).
26   264.     Section 4 amended
27            In section 4 delete "a hospital or part of a hospital" and insert:
28
29            a private hospital or part of a private hospital
30


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     Health Services Bill 2016
     Part 20         Hospitals and Health Services legislation amended
     Division 1      Hospitals and Health Services Act 1927 amended
     s. 265



1    265.         Sections 5A and 7 deleted
2                 Delete sections 5A and 7.

3    266.         Section 7A replaced
4                 Delete section 7A and insert:
5


6           7A.         Minister's powers
7                       The Minister has power --
8                        (a) with the approval of the Treasurer, to make
9                             payments to or on behalf of any religious or
10                            charitable organisation for the purpose of
11                            defraying the interest on moneys borrowed by
12                            that organisation and expended or intended to
13                            be expended by that organisation on a project
14                            approved by the Minister in connection with a
15                            private non-profit hospital or nursing home
16                            maintained by that organisation; and
17                       (b) to make payments by way of subsidy in respect
18                            of patients who are unable to afford the
19                            payment of reasonable fees.
20


21   267.         Sections 7B to 9 deleted
22                Delete sections 7B to 9.

23   268.         Section 10 replaced
24                Delete section 10 and insert:
25


26          10.         Visiting and inspecting private hospitals
27                (1)   Any person authorised by the CEO for that purpose
28                      may --
29                       (a) visit any private hospital; and

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              Hospitals and Health Services legislation amended          Part 20
               Hospitals and Health Services Act 1927 amended         Division 1
                                                                           s. 269



1                   (b)   inspect every part of any private hospital,
2                         including any outbuildings or premises attached
3                         to the private hospital; and
4                   (c)   subject to subsection (2) if the person is a
5                         medical practitioner, medically examine any
6                         patient in any hospital.
7           (2)   Where a patient is a patient in a private hospital the
8                 following provisions apply in respect of an
9                 examination under subsection (1)(c) --
10                  (a) an examination must not be made except on
11                       complaint to the CEO; and
12                  (b) the patient's medical practitioner must be
13                       notified of the intention of the authorised
14                       person to examine the patient and given an
15                       opportunity to be present at the examination;
16                       and
17                  (c) the person who is the licence holder under
18                       Part IIIA in relation to the hospital in which the
19                       patient is accommodated must be notified of the
20                       intention to conduct the examination.
21


22   269.   Section 11 amended
23          In section 11(a) delete "duties, or the visitation or inspection of
24          any public hospital; or" and insert:
25

26          duties; or
27

28   270.   Sections 12 and 12A deleted
29          Delete sections 12 and 12A.

30   271.   Part III deleted
31          Delete Part III.

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     Part 20         Hospitals and Health Services legislation amended
     Division 1      Hospitals and Health Services Act 1927 amended
     s. 272



1    272.       Section 26P amended
2               In section 26P delete the definitions of:
3               mental illness
4               private psychiatric hostel

5    273.       Part IIIC heading replaced
6               Delete the heading to Part IIIC and insert:
7


8                               Part IIIC -- Information
9

10   274.       Section 26R amended
11              In section 26R:
12                (a) delete "collect" and insert:
13

14                        collect, use or disclose
15

16                (b)     delete paragraphs (a) and (c);
17                (c)     delete paragraph (d) and insert:
18

19                        (d)   health related research, whether that research is
20                              conducted by persons employed or engaged in
21                              the Department or other persons.
22

23              Note: The heading to amended section 26R is to read:
24                      Purpose for collecting, using or disclosing information




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                   Hospitals and Health Services legislation amended          Part 20
                    Hospitals and Health Services Act 1927 amended         Division 1
                                                                                s. 275



1    275.     Section 26S amended
2             In section 26S(1), (3)(a), (5), (6) and (7) before "hospital
3             service" (each occurrence) insert:
4

5             private
6

7             Note: The heading to amended section 26S is to read:
8                     CEO may direct private hospital service provider to give
9                     information

10   276.     Section 26T replaced
11            Delete section 26T and insert:
12


13          26T.       No liability for disclosure
14                     If a private hospital service provider discloses
15                     information in compliance with a direction under
16                     section 26S --
17                       (a) no civil or criminal liability is incurred in
18                              respect of the disclosure; and
19                       (b) the disclosure is not to be regarded as --
20                                 (i) a breach of any duty of confidentiality
21                                      or secrecy imposed by law; or
22                                (ii) a breach of professional ethics or
23                                      standards or any principles of conduct
24                                      applicable to a person's employment; or
25                               (iii) unprofessional conduct.
26


27   277.     Sections 27 to 35 deleted
28            Delete sections 27 to 35.




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     Part 20         Hospitals and Health Services legislation amended
     Division 1      Hospitals and Health Services Act 1927 amended
     s. 278



1    278.       Section 35A replaced
2               Delete section 35A and insert:
3


4           35A.      Protection from personal liability
5               (1)   An action in tort does not lie against a person for
6                     anything that the person has done, in good faith, in the
7                     performance or purported performance of a function
8                     under this Act.
9               (2)   The protection given by this section applies even
10                    though the thing done as described in subsection (1)
11                    may have been capable of being done whether or not
12                    this Act had been enacted.
13              (3)   Despite subsection (1), the State is not relieved of any
14                    liability that it might have for another person having
15                    done any thing as described in that subsection.
16              (4)   In this section, a reference to the doing of anything
17                    includes a reference to an omission to do anything.
18


19   279.       Sections 35B, 35C and 36 deleted
20              Delete sections 35B, 35C and 36.

21   280.       Section 37 amended
22      (1)     Delete section 37(2) to (2g).
23      (2)     Delete section 37(3)(aa) to (af).
24              Note: The heading to amended section 37 is to read:
25                    Regulations




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                Hospitals and Health Services legislation amended          Part 20
     Hospitals and Health Services Amendment Act 2013 repealed          Division 2
                                                                             s. 281



1    281.      Section 38 amended
2              Delete section 38(1)(c) and (d) and insert:
3

4                      (c)   the effectiveness of the operations of the
5                            Minister, the Department, the CEO and
6                            authorised persons under this Act;
7


8    282.      Schedule deleted
9              Delete the Schedule.

10          Division 2 -- Hospitals and Health Services Amendment
11                           Act 2013 repealed
12   283.      Hospitals and Health Services Act Amendment Act 2013
13             repealed
14             The Hospitals and Health Services Amendment Act 2013 is
15             repealed.




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     Health Services Bill 2016
     Part 21         Other Acts amended

     s. 284



1                     Part 21 -- Other Acts amended
2    284.       Births, Deaths and Marriages Registration Act 1998 amended
3       (1)     This section amends the Births, Deaths and Marriages
4               Registration Act 1998.
5       (2)     In section 12(1) in the definition of responsible person
6               paragraph (a) delete "means the chief executive officer or
7               general manager of the hospital; or" and insert:
8

9                             means --
10                              (i) in the case of a public hospital as
11                                  defined in the Health Services Act 2016
12                                  section 6 -- the chief executive of the
13                                  health service provider for that hospital;
14                                  or
15                             (ii) in the case of a private hospital as
16                                  defined in the Private Hospitals and
17                                  Health Services Act 1927
18                                  section 2(1) -- the chief executive
19                                  officer or general manager of the
20                                  hospital;
21                             or
22

23   285.       Blood Donation (Limitation of Liability) Act 1985 amended
24      (1)     This section amends the Blood Donation (Limitation of
25              Liability) Act 1985.
26      (2)     In section 3 in the definition of hospital delete paragraph (a) and
27              insert:
28

29                      (a)   a public hospital as defined in the Health
30                            Services Act 2016 section 6, means the health
31                            service provider for that hospital;
32



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                                                   Other Acts amended          Part 21

                                                                                   s. 286



1       (3)      In section 3A(1) after "employed by" insert:
2

3                or in
4

5       (4)      In section 9(1)(a)(ii) delete "employee of," and insert:
6

7                employee of or in,
8


9    286.        Carers Recognition Act 2004 amended
10      (1)      This section amends the Carers Recognition Act 2004.
11      (2)      In section 8(3)(b) delete "Hospitals and Health Services
12               Act 1927." and insert:
13

14               Health Services Act 2016.
15

16      (3)      Delete Schedule 2 Division 1 item 3 and insert:
17

18          3.           A health service provider as defined in the Health Services
19                       Act 2016 section 6.
20          3A.          The chief executive officer of the department principally
21                       assisting in the administration of the Health Services
22                       Act 2016 in relation to any health services provided by the
23                       chief executive officer under the Health Services Act 2016.
24


25   287.        Charitable Trusts Act 1962 amended
26      (1)      This section amends the Charitable Trusts Act 1962.




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     s. 288



1       (2)     Delete section 13(b) and insert:
2

3                       (b)    any health service provider as defined in the
4                              Health Services Act 2016 section 6; or
5


6    288.       Constitution Acts Amendment Act 1899 amended
7       (1)     This section amends the Constitution Acts Amendment Act 1899.
8       (2)     In Schedule V Part 3 delete the items:
9

10              Agency established under section 7B of the Hospitals and Health
11                       Services Act 1927.
12              Any hospital board constituted under the Hospitals and Health
13                       Services Act 1927.
14

15      (3)     In Schedule V Part 3 after the item relating to the Health
16              Education Council of Western Australia insert:
17

18              Any health service provider established by order under the Health
19                        Services Act 2016.
20


21   289.       Financial Management Act 2006 amended
22      (1)     This section amends the Financial Management Act 2006.
23      (2)     In Schedule 1 delete the items:
24
25              Agencies established under the Hospitals and Health Services
26                       Act 1927 section 7B
27              Hospital boards constituted under the Hospitals and Health Services
28                       Act 1927 section 15 and the Minister in relation to any
29                       public hospital controlled by the Minister under section 7 of
30                       that Act
31




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                                              Other Acts amended          Part 21

                                                                               s. 290



1       (3)   In Schedule 1 after the item relating to the Health and Disability
2             Services Complaints Office insert:
3

4             Health service providers established by order under the Health
5                      Services Act 2016 section 32(1)
6


7    290.     Food Act 2008 amended
8       (1)   This section amends the Food Act 2008.
9       (2)   In section 8 in the definition of public institution delete
10            "Hospitals and Health Services Act 1927; or" and insert:
11

12            Health Services Act 2016 section 6; or
13

14      (3)   In section 8 in the definition of public institution after each of
15            paragraphs (a) and (b) insert:
16

17            or
18


19   291.     Health Act 1911 amended
20      (1)   This section amends the Health Act 1911.
21      (2)   In section 290 in the definition of hospital delete "under the
22            Hospitals and Health Services Act 1927;" and insert:
23

24            as defined in the Health Services Act 2016 section 6;
25




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     s. 292



1       (3)     In section 340AB(3)(c) and (d) delete "the Hospital Board of
2               that hospital; and" and insert:
3

4               the chief executive of the health service provider for that
5               hospital under the Health Services Act 2016; and
6


7    292.       Health and Disability Services (Complaints) Act 1995
8               amended
9       (1)     This section amends the Health and Disability Services
10              (Complaints) Act 1995.
11      (2)     In section 3(1) in the definition of provider paragraph (c) delete
12              "under the Hospitals and Health Services Act 1927;" and insert:
13

14              as defined in the Health Services Act 2016 section 6;
15


16   293.       Health Legislation Administration Act 1984 amended
17      (1)     This section amends the Health Legislation Administration
18              Act 1984.
19      (2)     Delete section 6(2) and insert:
20

21              (2)   The Minister may for the purposes of the Acts to which
22                    this Act applies, other than the Health Services
23                    Act 2016 --
24                      (a) appoint persons, other than public service
25                            officers, as employees on a full-time, part-time
26                            or casual basis or for a specified period; and
27                      (b) engage persons, other than public service
28                            officers, under contract for services.
29




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                                             Other Acts amended          Part 21

                                                                            s. 294



1    294.     Human Tissue and Transplant Act 1982 amended
2       (1)   This section amends the Human Tissue and Transplant
3             Act 1982.
4       (2)   Delete section 3(2) and insert:
5

6             (2)   For the purposes of this Act --
7                   hospital includes a health service provider as defined
8                   in the Health Services Act 2016 section 6 that has the
9                   conduct of pathological examinations as an area for
10                  which it is established.
11


12   295.     Industrial Relations Act 1979 amended
13      (1)   This section amends the Industrial Relations Act 1979.
14      (2)   In section 7(1) in the definition of public hospital delete
15            "Hospitals and Health Services Act 1927" and insert:
16

17            Health Services Act 2016 section 6;
18

19      (3)   In section 80C(1) delete the definition of employing authority
20            and insert:
21

22                  employing authority means --
23                   (a) in relation to a government officer who is an
24                        employee within the meaning of the Health
25                        Services Act 2016 section 6, an employing
26                        authority within the meaning of section 103 of
27                        that Act;
28                   (b) in relation to any other government officer, an
29                        employing authority within the meaning of the
30                        Public Sector Management Act 1994 section 5;
31



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     Health Services Bill 2016
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     s. 295



1       (4)     In section 80C(1) in the definition of employer after
2               paragraph (a) insert:
3

4                     (aa)   in relation to a government officer who is an
5                            employee within the meaning of the Health
6                            Services Act 2016 section 6, means the
7                            employing authority of the employee;
8

9       (5)     In section 80C(2) delete "1994." and insert:
10

11              1994 and the Health Services Act 2016.
12

13      (6)     Delete section 80I(1) and (2) and insert:
14

15              (1)   Subject to the Public Sector Management Act 1994
16                    section 52, the Health Services Act 2016 section 118
17                    and subsection (3) of this section, a Board has
18                    jurisdiction to hear and determine --
19                      (a) an appeal by any public service officer against
20                            any decision of an employing authority in
21                            relation to an interpretation of any provision of
22                            the Public Sector Management Act 1994, and
23                            any provision of the regulations made under
24                            that Act, concerning the conditions of service
25                            (other than salaries and allowances) of public
26                            service officers;
27                      (b) an appeal by a government officer under the
28                            Public Sector Management Act 1994 section 78
29                            against a decision or finding referred to in
30                            subsection (1)(b) of that section;
31                      (c) an appeal by a government officer under the
32                            Health Services Act 2016 section 172 against a
33                            decision or finding referred to in
34                            subsection (1)(b) of that section;

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                                             Other Acts amended          Part 21

                                                                              s. 296



1                     (d)   an appeal, other than an appeal under the Public
2                           Sector Management Act 1994 section 78(1) or
3                           the Health Services Act 2016 section 172(2), by
4                           a government officer that the government
5                           officer be dismissed,
6                   and to adjust all such matters as are referred to in
7                   paragraphs (a), (b), (c) and (d).
8


9    296.     Mental Health Act 2014 amended
10      (1)   This section amends the Mental Health Act 2014.
11      (2)   In section 4 in the definition of general hospital delete
12            "Hospitals and Health Services Act 1927 section 2(1))" and
13            insert:
14

15            Health Services Act 2016 section 6)
16

17      (3)   In section 4 in the definition of private hospital delete
18            "Hospitals and Health Services Act 1927" and insert:
19

20            Private Hospitals and Health Services Act 1927
21

22      (4)   In section 4 in the definition of public hospital delete
23            "Hospitals and Health Services Act 1927 section 2(1);" and
24            insert:
25

26            Health Services Act 2016 section 6;
27




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     s. 297



1       (5)     In section 348 in the definition of identified person
2               paragraph (h) delete "Hospitals and Health Services Act 1927"
3               and insert:
4

5               Private Hospitals and Health Services Act 1927
6


7    297.       National Health Funding Pool Act 2012 amended
8       (1)     This section amends the National Health Funding Pool
9               Act 2012.
10      (2)     In section 16(1)(a) delete "Hospitals and Health Services
11              Act 1927; and" and insert:
12

13              Health Services Act 2016; and
14


15   298.       Pay-roll Tax Assessment Act 2002
16      (1)     This section amends the Pay-roll Tax Assessment Act 2002.
17      (2)     Delete section 40(2)(d) and insert:
18

19                      (d)   to a person who is staff member as defined in
20                            the Health Services Act 2016 section 6 of a
21                            health service provider, in connection with that
22                            person's employment in, or engagement under
23                            a contract for services by, the health service
24                            provider under that Act; or
25

26      (3)     After section 40(2) insert:
27

28            (2A)    The exemption provided for by subsection (2)(d) does
29                    not apply to wages that are paid or payable to a staff
30                    member to the extent that the person's employment or
31                    engagement is in connection with a commercial

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                                             Other Acts amended          Part 21

                                                                           s. 299



1                   activity referred to in the Health Services Act 2016
2                   section 35 unless the commercial activity is, or is in a
3                   class of commercial activity, prescribed in the
4                   regulations for the purposes of this subsection.
5


6    299.     Pharmacy Act 2010 amended
7       (1)   This section amends the Pharmacy Act 2010.
8       (2)   In section 3(1) in the definition of pharmacy business
9             paragraph (c) delete "Hospitals and Health Services Act 1927
10            section 2(1); or" and insert:
11

12            Health Services Act 2016 section 6; or
13


14   300.     Public Works Act 1902 amended
15      (1)   This section amends the Public Works Act 1902.
16      (2)   In section 2 insert in alphabetical order:
17

18                  hospital has the meaning given in the Health Services
19                  Act 2016 section 6;
20

21      (3)   In section 2 in the definition of public work paragraph (f) delete
22            "hospitals within the meaning given to that term by section 2 of
23            the Hospitals and Health Services Act 1927," and insert:
24

25            hospitals,
26


27   301.     Queen Elizabeth II Medical Centre Act 1966 amended
28      (1)   This section amends the Queen Elizabeth II Medical Centre
29            Act 1966.


                                                                        page 191
     Health Services Bill 2016
     Part 21         Other Acts amended

     s. 301



1       (2)     Delete section 13(2e) and insert:
2

3             (2e)    While a setting aside and delegation under
4                     subsection (2a) are in force, the delegate, for the
5                     purposes for which the site was set aside, has all the
6                     powers delegated to the delegate under subsection (2a)
7                     in respect of the site as if those powers had been
8                     conferred on the delegate by this Act.
9

10      (3)     Delete section 13(2g)(b)(i) and insert:
11

12                              (i)   to the delegate under the regulations; or
13

14      (4)     Delete section 16.
15      (5)     In section 19(1) delete "Hospitals and Health Services
16              Act 1927," and insert:
17

18              Private Hospitals and Health Services Act 1927, the Health
19              Services Act 2016,
20

21      (6)     In section 20(1) and (1a) delete "Trust may, with the approval
22              of the Governor, make by-laws" and insert:
23

24              Governor may make regulations
25

26      (7)     In the provisions listed in the Table:
27                (a) delete "by-laws" (each occurrence) and insert:
28

29                     regulations
30




     page 192
                                                           Health Services Bill 2016
                                                Other Acts amended          Part 21

                                                                                s. 302



1                 (b)     delete "by-law" (each occurrence) and insert:
2

3                         regulation
4

5                                          Table
       s. 20(1a)(i), (k), (m), (n), (p),       s. 20(1b) def. of specified
       (q), (r), (s) and (t)

       s. 20(1c)                               s. 20(1d)

       s. 20(1e)                               s. 20(2)

       s. 20(3)                                s. 20(4)

6             Note: The heading to amended section 20 is to read:
7                       Regulations

8    302.     Rail Safety National Law (WA) Act 2015 amended
9       (1)   This section amends the Rail Safety National Law (WA)
10            Act 2015.
11      (2)   In section 23 in the definition of hospital delete "Hospitals and
12            Health Services Act 1927 section 2(1)." and insert:
13

14            Health Services Act 2016 section 6.
15


16   303.     Spent Convictions Act 1988 amended
17      (1)   This section amends the Spent Convictions Act 1988.




                                                                             page 193
     Health Services Bill 2016
     Part 21         Other Acts amended

     s. 304



1       (2)     In Schedule 3 clause 1(7) delete the Table and insert:
2

3                                            Table
                 1.   A person who is employed in or seconded to, or who is being
                      considered for employment in or secondment to, the
                      Department of Health or the Mental Health Commission under
                      any of the following --
                       (a)   the Health Act 1911;
                       (b)   the Health Services Act 2016;
                       (c)   the Mental Health Act 2014;
                       (d)   the Alcohol and Other Drugs Act 1974.
                 2.   A person who is employed in or seconded to, or who is being
                      considered for employment in or secondment to, a health
                      service provider under the Health Services Act 2016.
                 3.   A person who is placed, or who is being considered for
                      placement, as a student undertaking a practicum or in an
                      unpaid capacity in the Department of Health, the Mental
                      Health Commission or a health service provider as defined in
                      the Health Services Act 2016 section 6.
4


5    304.       State Superannuation (Transitional and Consequential
6               Provisions) Act 2000
7       (1)     This section amends the State Superannuation (Transitional and
8               Consequential Provisions) Act 2000.
9       (2)     Delete section 48(2).

10   305.       University Medical School, Teaching Hospitals, Act 1955
11      (1)     This section amends the University Medical School, Teaching
12              Hospitals, Act 1955.




     page 194
                                                     Health Services Bill 2016
                                          Other Acts amended          Part 21

                                                                        s. 305



1    (2)   In section 2 delete the definition of managing body and insert:
2

3                managing body, in relation to a hospital, means the
4                health service provider that has control or management
5                of the hospital;
6

7    (3)   In section 2 insert in alphabetical order:
8

9                health service provider has the meaning given in the
10               Health Services Act 2016 section 6;
11

12   (4)   In section 2 in the definition of public hospital delete "same
13         meaning as in section 2 of the Hospitals and Health Services
14         Act 1927," and insert:
15

16         meaning given in the Health Services Act 2016 section 6,
17

18   (5)   Delete section 4(1) and insert:
19

20         (1)   Subject to subsection (2) and section 5, a health service
21               provider that has control or management of a teaching
22               hospital may enter into an agreement with the State in
23               relation to --
24                 (a) the provision in the teaching hospital of
25                       facilities for research and for the teaching of
26                       medicine, including the use of land under the
27                       control of the teaching hospital and the erection
28                       of buildings thereon; and
29                 (b) the admission of medical students to the
30                       practice, referred to in that agreement, of the
31                       teaching hospital; and
32                 (c) except in the case of a teaching hospital which
33                       is on the reserve within the meaning of the

                                                                    page 195
     Health Services Bill 2016
     Part 21         Other Acts amended

     s. 306



1                             Queen Elizabeth II Medical Centre Act 1966,
2                             the formation of an electoral committee for the
3                             teaching hospital charged with the
4                             responsibility of making recommendations to
5                             the managing body of the teaching hospital or
6                             the Minister, as the case requires, concerning
7                             the appointment of persons who are concerned
8                             with teaching duties to the consultant clinical
9                             staff of the teaching hospital.
10

11      (6)     Delete sections 5 and 6.

12   306.       Workers' Compensation and Injury Management Act 1981
13              amended
14      (1)     This section amends the Workers' Compensation and Injury
15              Management Act 1981.
16      (2)     In Schedule 1 clause 18(1) delete "Hospitals and Health Services
17              Act 1927" and insert:
18

19              Health Services Act 2016
20




     page 196
                                                        Health Services Bill 2016
      By-laws, regulations and determinations repealed or revoked        Part 22

                                                                          s. 307



1      Part 22 -- By-laws, regulations and determinations
2                    repealed or revoked
3    307.    By-laws and regulations repealed
4            These by-laws and regulations are repealed:
5              (a) Armadale Kelmscott District Memorial Hospital
6                   By-laws 2002;
7              (b) Bentley Hospital By-laws 2001;
8              (c) Fiona Stanley Hospital By-laws 2014;
9              (d) Fremantle Hospital By-laws 1992;
10             (e) Hospitals (Administration of Public Hospitals)
11                  Regulations 1940;
12              (f) Hospitals and Health Services (Pathology)
13                  Regulations 2005;
14             (g) Hospitals (Services Charges) Regulations 1984;
15             (h) Metropolitan Health Service By-laws 2008;
16              (i) Osborne Park Hospital By-laws 2007;
17              (j) Queen Elizabeth II Medical Centre (Delegated Site)
18                  By-laws 1986;
19             (k) Royal Perth Hospital By-laws 2009;
20              (l) WA Country Health Service By-laws 2007;
21            (m) Women's and Children's Hospitals By-laws 2005.

22   308.    Determinations revoked
23           These determinations are revoked:
24            (a) Hospitals and Health Services (Day Hospital Facility)
25                  Determination 2005;
26            (b) Hospitals and Health Services (Day Hospital Facility)
27                  Determination (No. 2) 2005;
28            (c) Hospitals (Services Charges for Compensable Patients)
29                  Determination 2005;


                                                                       page 197
    Health Services Bill 2016
    Part 22         By-laws, regulations and determinations repealed or revoked

    s. 308



1              (d)   Hospitals (Services Charges for Magnetic Resonance
2                    Imaging) Determination 2004;
3              (e)   Hospitals (Services Charges for Pathology Services)
4                    Determination 2012;
5              (f)   Hospitals (Services Charges for Specialised Orthoses)
6                    Determination 2015;
7              (g)   Hospitals (Services Charges for the Supply of Surgically
8                    Implanted Prostheses) Determination 2013.

9




    page 198
                                                                                Health Services Bill 2016



                                                                                                     Defined terms



                                        Defined terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined term                                                                                              Provision(s)
assets ........................................................................................................ 6, 200(1)
acquire................................................................................................. 13(1), 36(1)
administrator ....................................................................................................... 94
adviser ................................................................................................................. 94
alcohol and drug health service........................................................................... 43
alcohol and drug health service provider ............................................................ 43
associated interest ........................................................................................ 194(1)
authorised person ......................................................................................... 211(1)
board ..................................................................................................................... 6
board governed provider ....................................................................................... 6
breach of discipline ............................................................................................... 6
business arrangement .......................................................................... 14(1), 36(1)
cause .............................................................................................................. 74(1)
chief executive ...................................................................................................... 6
chief executive governed provider ........................................................................ 6
claimant.......................................................................................................... 58(1)
clinical governance arrangements .................................................................. 34(3)
code .............................................................................................................. 231(1)
Commission CEO ................................................................................................ 6
Commission CEO ............................................................................................... 43
Commission health service ................................................................................. 43
Commission service agreement .......................................................................... 43
committee ............................................................................................................. 6
compensable person ....................................................................................... 58(1)
compensation ................................................................................................. 58(1)
confidential information............................................................................... 177(1)
contracted health entity ......................................................................................... 6
day hospital facility ................................................................................. 8(1), 8(2)
Department ........................................................................................................... 6
department ........................................................................................................ 126
Department CEO................................................................................................... 6
Department CEO direction ........................................................................ 6, 29(1)
disability ........................................................................................................... 213
disciplinary action ................................................................................................. 6
disciplinary decision or finding ................................................................... 172(1)
dispose of ............................................................................................ 13(1), 36(1)
document........................................................................................................ 61(1)
earlier transfer order..................................................................................... 194(1)
employee ............................................................................................................... 6
employing authority ................................................................................. 6, 103(1)


                                                                                                            page 199
Health Services Bill 2016


Defined terms



      executive ........................................................................................................... 126
      existing employee ............................................................................245(1), 253(1)
      external provider .......................................................................................... 218(1)
      first provider .................................................................................................. 48(1)
      former account .................................................................................201(1), 244(1)
      former employee .......................................................................................... 155(1)
      government officer ............................................................................................ 171
      head agreement .............................................................................................. 44(1)
      health executive .................................................................................................... 6
      Health Executive Service ...................................................................................... 6
      health information ............................................................................................. 213
      health information management system ........................................................... 213
      health professional ................................................................................................ 6
      health service ............................................................................................... 6, 7(1)
      health service area ................................................................................................. 6
      health service employee ............................................................................... 228(1)
      health service land ......................................................................................... 37(1)
      health service provider .......................................................................................... 6
      health service provider land .............................................................................. 207
      health service provider's liability ................................................................... 38(1)
      HHS Act............................................................................................................ 233
      hospital .............................................................................................6, 8(4), 285(2)
      hospital board.................................................................................................... 233
      improvement action .............................................................................................. 6
      Industrial Commission ...................................................................................... 171
      industrial instrument ..........................................................................29(1), 157(1)
      informant...................................................................................................... 192(1)
      information .................................................................................................... 61(1)
      information policy framework .......................................................................... 213
      injury .............................................................................................................. 58(1)
      injury or hearing loss ................................................................................... 228(1)
      inquirer .............................................................................................................. 182
      inquiry ............................................................................................................... 182
      interstate authority ....................................................................................... 218(1)
      joint arrangement ........................................................................................... 13(1)
      joint use property ........................................................................................... 13(1)
      LA Act .............................................................................................................. 233
      liabilities ............................................................................................................... 6
      medical practitioner ....................................................................................... 69(1)
      member ................................................................................................................. 6
      mental health service .......................................................................................... 43
      mental health service provider ............................................................................ 43
      mental illness ...................................................................................................... 43
      Minister for Lands ............................................................................................ 233
      Minister for Works......................................................................................... 20(7)


page 200
                                                                                Health Services Bill 2016



                                                                                                      Defined terms



Ministerial Body ................................................................................................... 6
misconduct ..................................................................................................... 77(1)
misconduct finding ...................................................................................... 145(3)
National Health Agreement .................................................................................. 6
new body corporate ........................................................................................... 250
non-chargeable health service ........................................................................ 55(1)
nursing post ...................................................................................................... 8(1)
old body corporate ............................................................................................ 250
operating account ................................................................................. 201(1), 233
organisation....................................................................................................... 126
original contract ........................................................................................... 128(3)
originating place of employment ................................................................. 132(2)
participate ........................................................................................... 14(1), 36(1)
patient ................................................................................................................... 6
personal information ............................................................................................. 6
policy framework .................................................................................................. 6
practising health professional ........................................................................ 71(4)
prescribed.............................................................................................................. 6
prescribed period.......................................................................................... 134(1)
property ................................................................................................................. 6
provide .................................................................................................................. 6
provider .......................................................................................................... 45(3)
provider of destination ................................................................................. 116(3)
provider offence ........................................................................................... 212(1)
provision ........................................................................................................ 26(1)
PSM Act................................................................................................................ 6
public authority ..................................................................................................... 6
public health service .................................................................................... 6, 7(3)
public health service facility ................................................................................. 6
public hospital ....................................................................................................... 6
publication day .................................................................................205(1), 256(1)
qualified person.............................................................................................. 99(1)
reasonably suspects ...................................................................................... 211(1)
record ........................................................................................................... 177(1)
relevant employer ............................................................................136(1), 142(1)
relevant information .........................................................................217(1), 218(1)
relevant lands official............................................................................................ 6
relevant successor ............................................................................................. 233
responsible authority ........................................................................................ 144
responsible provider ..................................................................................... 212(1)
right of return ............................................................................................... 132(1)
rights ..................................................................................................................... 6
section 173(2) breach of discipline ................................................................... 160
serious offence .................................................................................................. 144
service agreement ........................................................................................... 6, 43


                                                                                                             page 201
Health Services Bill 2016


Defined terms



      services .......................................................................................................... 45(3)
      specified ....................................................... 56(1), 205(1), 210(1), 224(1), 256(1)
      staff member ......................................................................................................... 6
      State tax ................................................................................................................ 6
      statutory office ............................................................................................. 132(1)
      statutory transition ............................................................................................ 233
      subsidiary legislation ................................................................................... 231(1)
      system manager role ...................................................................................... 19(2)
      this Part ............................................................................................................. 233
      transaction ...................................................................................................... 38(1)
      transfer order .................................................................... 194(2), 202, 233, 238(1)
      transfer period ................................................................................................ 51(1)
      transition day .................................................................................................... 233
      transitional matter ............................................................................205(1), 256(1)
      WA health system ................................................................................................. 6
      WA health system-wide plan ................................................................................ 6
      WCIM Act ................................................................................................... 228(1)




 


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