Hospital and Health Boards Regulation 2012

Hospital and Health Boards Regulation 2012

pt 1 hdg ins 2012 SL No. 90 s 4

1Short title

This regulation may be cited as the Hospital and Health Boards Regulation 2012.

s 1 amd 2012 SL No. 90 s 5

2Definitions

The dictionary in schedule 6 defines particular terms used in this regulation.

s 2 sub 2012 SL No. 90 s 6

pt 2 hdg ins 2012 SL No. 90 s 7

pt 2 div 1 hdg ins 2014 SL No. 49 s 4

3Establishment of Hospital and Health Services—Act, s 17

(1)A part of the State, a public sector hospital, public sector health service facility or public sector health service mentioned in schedule 1, column 2 is declared to be a Service area for a Hospital and Health Service.

(2)A Hospital and Health Service mentioned in schedule 1, column 1 opposite a Service area is established as the Service for the Service area.

(3)The name mentioned in schedule 1, column 1 opposite the Service area is the name assigned to the Service.

s 3 amd 2012 SL No. 90 s 8; 2014 SL No. 49 s 5

pt 2 div 1A hdg ins 2014 SL No. 99 s 4

3AAEmployment power—Act, s 20(4)

For section 20(4) of the Act, a Service mentioned in schedule 1AA may employ health service employees.

s 3AA ins 2014 SL No. 99 s 4

3AB Power to grant or take lease without Minister’s or Treasurer’s approval—Act, s 20A

(1)For section 20A(2) of the Act, a lease of a type mentioned in schedule 1AB, part 1, column 1, for a Service mentioned in column 2 opposite the lease, may be granted by the Service without the prior written approval of the Treasurer.

(2)For section 20A(2) of the Act, a lease of a type mentioned in schedule 1AB, part 2, column 1, for a Service mentioned in column 2 opposite the lease, may be taken by the Service without the prior written approval of the Treasurer.

(3)For section 20A(2) of the Act, a lease of a type mentioned in schedule 1AB, part 3, column 1, for a Service mentioned in column 2 opposite the lease, may be taken by the Service without the prior written approval of the Minister and Treasurer.

s 3AB ins 2014 SL No. 99 s 4

sub 2018 SL No. 215 s 11

pt 2 div 2 hdg ins 2014 SL No. 49 s 6

3AAmalgamation of Hospital and Health Services—Act, s 282(2)(a)

(1)On 1 July 2014—

(a)the merging Services are amalgamated as a Hospital and Health Service (the new Service); and

(b)the transitioned service area is declared to be the health service area for the new Service; and

(c)the name Torres and Cape Hospital and Health Service is assigned to the new Service.

(2)In this section—

merging Service means—

(a)the Cape York Hospital and Health Service; or

(b)the Torres Strait-Northern Peninsula Hospital and Health Service.

transitioned service area means the health service area consisting of the health service areas that are, on the commencement of this section, the health service areas for the merging Services.

s 3A ins 2014 SL No. 49 s 6

pt 3 hdg ins 2012 SL No. 90 s 9

4Definitions for pt 3

In this part—

health system employer means a Service or the department.

relevant chief executive, of an employer, means—

(a)if the employer is a Hospital and Health Service—the Service’s health service chief executive; or

(b)if the employer is the department—the chief executive of the department.

s 4 ins 2012 SL No. 90 s 9

5Movement of health service employees, other than health service chief executives, between health system employers

(1)This section applies to health service employees other than health service chief executives.

(2)A health service employee may be moved from one health system employer to another health system employer—

(a)by agreement between the relevant chief executives of the employers; or

(b)by written direction given by the chief executive of the department to the employee, and—

(i)if the movement is between the department and a Hospital and Health Service—the health service chief executive of the Service; or

(ii)if the movement is between Hospital and Health Services—the health service chief executives of each Service.

(3)However, the chief executive may give a written direction under subsection (2)(b) only if the chief executive considers the movement necessary to mitigate a significant risk to the public sector health system.

(4)Before giving the written direction, the chief executive must consult with the health service chief executive of any Service in which the employee is and will be employed.

(5)A health service employee moved from one health system employer to another health system employer under this section is employed by the other health system employer from the date, and for the period (if any), stated—

(a)for a movement made under subsection (2)(a)—in the agreement mentioned in that subsection; or

(b)for a movement made under subsection (2)(b)—in the written direction given under that subsection.

s 5 ins 2012 SL No. 90 s 9

6Movement of health service chief executives between health system employers

(1)This section applies to health service chief executives.

(2)A health service chief executive may, with the approval of the Minister, be moved—

(a)from a Hospital and Health Service to the department by agreement between the chair of the Service’s board and the chief executive of the department; or

(b)between Hospital and Health Services by agreement between the chairs of the boards of the Services.

(3)A health service chief executive may also be moved by the Minister on the recommendation of the chief executive of the department, by written direction given by the Minister to—

(a)the health service chief executive; and

(b)either—

(i)if the movement is from a Hospital and Health Service to the department—the chair of the board of the Service; or

(ii)if the movement is between Hospital and Health Services—each chair of the boards of the Services.

(4)The recommendation of the chief executive of the department mentioned in subsection (3) may be given only if the chief executive considers the movement is necessary to mitigate a significant risk to the public sector health system.

(5)Before giving the written direction, the Minister must consult with the chair of the board of any Services in which the health service chief executive is and will be employed.

(6)A health service chief executive moved from one health system employer to another health system employer under this section is employed by the other health system employer from the date, and for the period (if any), stated—

(a)for a movement under subsection (2)—in the agreement mentioned in that subsection; or

(b)for a movement under subsection (3)—in the written direction mentioned in that subsection.

(7)A health service chief executive moved under this section may, as a result of the movement, be employed in a position other than health service chief executive.

s 6 ins 2012 SL No. 90 s 9

7Movement of health service employees employed on a contract

(1)This section applies to the movement of a health service employee to another health system employer—

(a)under section 5 if, immediately before the movement, the employee was appointed on a contract; or

(b)under section 6.

(2)The employee is taken to be employed by the health system employer under the contract under which the employee was employed before the movement.

(3)If a provision in the employee’s contract is inconsistent with a movement under this part, the movement takes effect despite the inconsistency.

(4)If, immediately before the movement, the employee was appointed on a contract for a fixed term, the employee is appointed for the following period from the movement—

(a)if a period is stated in the agreement or written direction given under section 5 or 6 for the movement—the period stated;

(b)if no period is stated in the agreement or written direction—the period remaining on the term of the employee’s contract.

(5)The period stated in the agreement or written direction mentioned in subsection (4)(a) may not be more than the remaining term of the employee’s contract.

s 7 ins 2012 SL No. 90 s 9

sub 2013 SL No. 260 s 6

8Movement between classification levels

(1)Subject to subsection (2), the movement of a health service employee under this part may include employing the employee at the same or a different classification level.

(2)The employee may be moved to another health system employer at a lower classification level only if the employee consents to the movement.

(3)However, subsection (2) does not prevent movement to a lower classification level as a result of disciplinary action against the employee.

s 8 ins 2012 SL No. 90 s 9

9Effect of movement of health service employees other than health service chief executives

(1)If a health service employee is moved under section 5, the movement has effect unless the employee establishes reasonable grounds for refusing the movement to the satisfaction of—

(a)if the movement is by agreement under section 5(2)(a)—the chief executive of the health system employer from which the employee is moved; or

(b)if the movement is by written direction under section 5(2)(b)—the chief executive of the department.

(2)The health service employee must be given a reasonable time to establish reasonable grounds for refusing the movement.

(3)Subsection (4) applies if the health service employee refuses the movement after failing to establish reasonable grounds for refusing the movement.

(4)The relevant chief executive of the health system employer from which the employee is moved—

(a)if the movement is by agreement under section 5(2)(a)—may end the employee’s employment by signed notice given to the employee; or

(b)if the movement is by written direction under section 5(2)(b)—must end the employee’s employment by signed notice given to the employee.

(5)If the employee establishes reasonable grounds for refusing the movement—

(a)the movement is cancelled; and

(b)the refusal must not be used to prejudice the employee’s prospects for future promotion or advancement.

s 9 ins 2012 SL No. 90 s 9

10Effect of movement of health service chief executives

(1)If a health service chief executive is moved under section 6, the movement has effect unless the health service chief executive establishes reasonable grounds for refusing the movement to the satisfaction of the following—

(a)if the movement is by agreement under section 6(2)—the chair of the board of the Service from which the health service chief executive is moved;

(b)if the movement is by written direction under section 6(3)—the Minister.

(2)A health service chief executive must be given a reasonable time to establish reasonable grounds for refusing the movement.

(3)Subsection (4) applies if the health service chief executive refuses the movement after failing to establish reasonable grounds for refusing the movement.

(4)The chair of the board for the Service from which the health service chief executive is moved—

(a)if the movement is by agreement under section 6(2)—may end the health service chief executive’s employment by signed notice given to the health service chief executive; or

(b)if the movement is by written direction under section 6(3)—must end the health service chief executive’s employment by signed notice given to the health service chief executive.

(5)If the health service chief executive establishes reasonable grounds for refusing the movement—

(a)the movement is cancelled; and

(b)the refusal must not be used to prejudice the health service chief executive’s prospects for future promotion or advancement.

s 10 ins 2012 SL No. 90 s 9

11Continuation of entitlements of health service employees

(1)This section applies to a health service employee of a health system employer (the first employer) if the employee is appointed to another health system employer without break of service, including as a result of a movement under this part.

(2)The following apply for the employee—

(a)the employee is entitled to all leave entitlements and superannuation that have accrued to the employee because of the employee’s employment with the first employer;

Examples of leave entitlements that have accrued to the employee—

accrued recreation leave or accrued sick leave

(b)the employee’s continuity of service is not interrupted, including for the purposes of accruing leave entitlements and superannuation, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;

(c)the employee’s appointment does not constitute a termination of employment or a retrenchment or redundancy;

(d)the employee is not entitled to a payment or other benefit because he or she is no longer employed by the first employer.

(3)This section applies to rights accrued and service undertaken before or after the commencement of this section.

s 11 ins 2012 SL No. 90 s 9

11ASenior health service employees—Act, s 74A

For section 74A(1) of the Act, the following positions are prescribed as senior health service employee positions—

(a)a position at a classification level mentioned in schedule 1A, part 1;

(b)a position mentioned in schedule 1A, part 2.

s 11A ins 2013 SL No. 260 s 7

amd 2016 SL No. 212 s 3

11BCertain disclosure of personal information of health service employees and departmental public service employees

(1)This section applies to a person’s personal information held by a health system employer if the person—

(a)is or was a health service employee; or

(b)is or was a public service employee employed in the department (a departmental public service employee); or

(c)is being, or was, considered for appointment as a health service employee or departmental public service employee.

(2)The health system employer (the first health system employer) may transfer or otherwise disclose the person’s personal information to another health system employer (the second health system employer) if—

(a)the information was collected or held by the first health system employer in relation to the person’s employment or appointment with the employer; and

(b)either—

(i)for a person mentioned in subsection (1)(c) whose suitability for employment has not been finally assessed by the first health system employer—the person is being considered for appointment, or is appointed, by the second health system employer; or

(ii)in any other case—the person transfers or moves to, or is appointed by, the second health system employer.

(3)This section applies—

(a)to personal information held by a health system employer before or after the commencement of this section; and

(b)to matters not dealt with in section 274 of the Act.

(4)For this section, a person is considered for appointment as a health service employee or departmental public service employee if—

(a)the person applied or otherwise expressed an interest in being appointed; and

(b)the person’s suitability for employment has not been finally assessed.

(5)In this section—

personal information see the Information Privacy Act 2009, section 12.

s 11B ins 2014 SL No. 99 s 5

pt 4 hdg ins 2012 SL No. 90 s 9

12Prescribed requirements for clinician engagement strategies

For section 40(3)(a) of the Act, a clinician engagement strategy of a Service must—

(a)include the following—

(i)the objectives of the strategy;

(ii)how the strategy will contribute to the achievement of the organisational objectives of the Service;

(iii)the methods to be used for carrying out consultation with health professionals working in the Service, including how the consultation will involve health professionals with a diverse range of skills and experience;

Examples for subparagraph (iii)—

•holding quarterly meetings of a council consisting of senior health professionals to discuss key clinical issues

•appointing health professionals to committees established by the Service

(iv)the key issues on which consultation with health professionals working in the Service will be carried out;

Examples of key issues for subparagraph (iv)—

•safety and quality of health services

•clinical standards, local clinical governance arrangements, clinical workforce education and training

•service planning and design for the Service

•service delivery by the Service

•monitoring and evaluation of service delivery by the Service

(v)how the Service will use information obtained from implementing the strategy to continuously improve consultation with health professionals under the strategy;

(vi)how the effectiveness of consultation with health professionals under the strategy will be measured and publicly reported; and

(b)have regard to national and State strategies, policies, agreements and standards relevant to promoting consultation with health professionals working in the Service; and

Examples of strategies and standards—

•a departmental strategy for establishing clinical networks to promote consultation between clinicians at a State-wide level

• the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care

•the document called ‘Queensland Health Clinician Engagement Framework’ dated February 2012, published by the department

(c)outline the relationship between the Service’s clinician engagement strategy and its consumer and community engagement strategy and protocol with local primary healthcare organisations; and

(d)require a summary of the key issues discussed and decisions made in each board meeting to be made available to health professionals working in the Service, subject to the board’s obligations relating to confidentiality and privacy.

s 12 ins 2012 SL No. 90 s 9

amd 2016 SL No. 212 s 4; 2019 SL No. 40 s 8

13Prescribed requirements for consumer and community engagement strategies

(1)For section 40(3)(a) of the Act, a consumer and community engagement strategy of a Service must—

(a)include the following—

(i)the objectives of the strategy;

(ii)how the strategy will contribute to the achievement of the organisational objectives of the Service;

(iii)the methods to be used for carrying out consultation with consumers and members of the community, including at individual, service and Hospital and Health Service level, and with any ancillary board established for the Service’s board;

(iv)the key issues on which consultation with consumers, members of the community and any ancillary board established for the Service’s board will be carried out;

Examples of key issues for subparagraph (iv)—

•service planning and design for the Service

•service delivery by the Service

•monitoring and evaluation of service delivery by the Service

(v)how the Service will actively identify and consult with particular consumers and members of the community who are at risk of experiencing poor health outcomes or who may have difficulty accessing health services;

Example for subparagraph (v)—

The Service may involve providers of community services as part of the consultation arrangements stated in the strategy.

(vi)how the Service will use information obtained from implementing the strategy to continuously improve consultation with consumers and the community under the strategy;

(vii)how the effectiveness of the consumer and communities engagement strategy will be measured and publicly reported; and

(b)have regard to national and State strategies, policies, agreements and standards relevant to promoting consultation with health consumers and members of the community about the provision of health services by the Service; and

Examples of policies and standards—

• the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care

•the document called ‘Queensland Health public patients’ charter’, published by the department

(c)outline the relationship between the Service’s consumer and community engagement strategy and its clinician engagement strategy and protocol with local primary healthcare organisations; and

(d)require a summary of the key issues discussed and decisions made in each board meeting to be made available to consumers and the community, subject to the board’s obligations relating to confidentiality and privacy.

(2)In this section—

community includes a group or organisation consisting of individuals with a common interest.

Examples of common interests—

•provision of health services in a particular geographic location

•an interest in particular health issues

•a common cultural background, religion or language

consumer includes the following—

(a)an individual who uses or may use a health service;

(b)the individual’s family members, carers and representatives;

(c)a group of, or organisation for, individuals mentioned in paragraphs (a) and (b);

(d)a representative of the group or organisation.

s 13 ins 2012 SL No. 90 s 9

amd 2016 SL No. 212 s 5; 2019 SL No. 40 s 9

14Prescribed requirements for protocol with local primary healthcare organisations

For section 42(2)(a) of the Act, a protocol of a Service agreed with local primary healthcare organisations must—

(a)include the following—

(i)the objectives of the protocol;

(ii)how the protocol will contribute to the achievement of the organisational objectives of the Service;

(iii)the key issues on which the Service and the local primary healthcare organisations are to cooperate;

Examples of key issues for subparagraph (iii)—

•health service integration

•the protection and promotion of public health

•service planning and design for the Service

•local clinical governance arrangements

(iv)how the Service and local primary healthcare organisations will support the implementation of the protocol, including arrangements for sharing staff and allowing access to facilities and information management systems;

(v)arrangements for sharing information between the Service and local primary healthcare organisations to improve service delivery and health outcomes;

(vi)how the protocol aligns with the Service’s cooperative arrangements with other entities delivering services in the health, aged care and disability sectors to improve service delivery and health outcomes;

(vii)how the Service will use information obtained from implementing the protocol to continuously improve cooperation with local primary healthcare organisations under the protocol;

(viii)how the effectiveness of the protocol will be measured and publicly reported; and

(b)have regard to national and State strategies, policies, agreements and standards; and

(c)outline the relationship between the Service’s protocol and its consumer and community engagement strategy and clinician engagement strategy; and

(d)require a summary of the key issues discussed and decisions made in each board meeting to be made available to the Service’s local primary healthcare organisations, subject to the board’s obligations relating to confidentiality and privacy.

s 14 ins 2012 SL No. 90 s 9

pt 5 hdg ins 2012 SL No. 90 s 9

pt 5 div 1 hdg ins 2012 SL No. 90 s 9

15Definitions for pt 5

In this part—

committee means a quality assurance committee established under the Act, section 82.

member means a member of a committee.

privacy policy see section 23.

specified information see section 25.

s 15 ins 2012 SL No. 90 s 9

pt 5 div 2 hdg ins 2012 SL No. 90 s 9

16Chairperson

(1)If the entity that established a committee does not appoint a member to be chairperson of the committee, the committee must elect a member to be the chairperson.

(2)Also, a committee may elect a member to be chairperson of the committee at any time.

(3)The member elected under subsection (1) or (2) is appointed as chairperson when the entity establishing the committee approves the appointment.

(4)If a committee was established by an entity other than the chief executive, as soon as practicable after the chairperson is appointed the committee must give the chief executive a written notice containing the following information—

(a)the member’s full name;

(b)the date the member was appointed as chairperson.

s 16 ins 2012 SL No. 90 s 9

17Times and places of meetings

(1)Committee meetings are to be held at the times and places the chairperson decides.

(2)However, the chairperson must call a meeting if asked in writing to do so by at least the number of members forming a quorum for the committee.

(3)Also, a committee must hold its first meeting within 3 months after its establishment.

s 17 ins 2012 SL No. 90 s 9

18Quorum

A quorum for a committee is the number equal to one-half of the number of its members or, if one-half is not a whole number, the next highest whole number.

s 18 ins 2012 SL No. 90 s 9

19Presiding at meetings

(1)The chairperson is to preside at all meetings of a committee at which the chairperson is present.

(2)If the chairperson is absent from a meeting or the office of chairperson is vacant, a member chosen by the members present is to preside.

s 19 ins 2012 SL No. 90 s 9

20Conduct of meetings

(1)A question at a committee meeting is decided by a majority of the votes of the members present.

(2)Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.

s 20 ins 2012 SL No. 90 s 9

21Minutes

(1)A committee must keep the minutes of a meeting of the committee for 10 years after the meeting.

(2)Subsection (1) does not apply to the extent that the minutes are a public record under the Public Records Act 2002.

s 21 ins 2012 SL No. 90 s 9

22Other procedures

Subject to this division—

(a)a committee must conduct its business, including its meetings, under the procedures, if any, decided for the committee by the entity that established the committee; or

(b)otherwise, the committee may conduct its business, including its meetings, under procedures decided by the committee.

s 22) ins 2012 SL No. 90 s 9

pt 5 div 3 hdg ins 2012 SL No. 90 s 9

23A committee must adopt a privacy policy

A committee must adopt, by resolution, a written privacy policy (a privacy policy).

s 23 ins 2012 SL No. 90 s 9

24Content of privacy policy

(1)A committee’s privacy policy must state the ways the committee, or a member of the committee, may do any of the following—

(a)acquire and compile relevant information;

(b)securely store relevant information;

(c)disclose relevant information;

(d)ask an individual for consent to disclose the individual’s identity under section 83(2) of the Act.

(2)The privacy policy also must state the circumstances under which a record containing relevant information may be copied or destroyed.

(3)Nothing in this section affects the operation of the Information Privacy Act 2009 or the Privacy Act 1988 (Cwlth).

(4)In this section—

relevant information means information acquired or compiled by the committee in the exercise of its functions.

s 24 ins 2012 SL No. 90 s 9

pt 5 div 4 hdg ins 2012 SL No. 90 s 9

25Specified information to be made available to the public

(1)A committee must make available to the public the information stated in subsection (3) (the specified information).

(2)The specified information must—

(a)for the first time a committee makes the specified information available to the public—be made available within 3 years after, and relate to the period since, the committee was established; or

(b)otherwise—be made available within 3 years after, and relate to the period since, the committee last made the specified information available.

(3)For subsection (1), the information is—

(a)a statement of the committee’s functions; and

(b)for each current committee member—

(i)the member’s full name and qualifications; and

(ii)the member’s office or position; and

(iii)a summary of the member’s experience that is relevant to the committee’s functions; and

(c)a summary of the activities performed in, and any outcomes of, the exercise of the committee’s functions; and

(d)a summary of the committee’s privacy policy.

(4)The committee must give the specified information to the entity that established the committee before the committee makes it available to the public.

(5)A committee may make the specified information available in a form the committee considers appropriate.

Example of an appropriate form for the specified information—

The specified information may be included in the annual report of the entity that established the committee.

s 25 ins 2012 SL No. 90 s 9

pt 5 div 5 hdg ins 2012 SL No. 90 s 9

26Review of functions

(1)A committee must carry out a review of its functions—

(a)either—

(i)for a committee continued under section 294 of the Act—before 1 July 2015; or

(ii)otherwise—within 3 years after the committee is established; and

(b)afterwards—within 3 years after the previous review.

(2)As soon as practicable after each review is carried out, the committee must give a report about the review to—

(a)the entity that established the committee; and

(b)if the committee was established by an entity other than the chief executive—the chief executive.

s 26 ins 2012 SL No. 90 s 9

27Annual activity statement

(1)A committee must prepare an annual activity statement.

(2)The statement must include the following for the committee—

(a)the chairperson’s full name;

(b)each member’s full name;

(c)for any person appointed as a member during the reporting period—

(i)the person’s full name and qualifications; and

(ii)the person’s office or position; and

(iii)a summary of the person’s experience that is relevant to the committee’s functions; and

(iv)the date the person became a member;

(d)if a person ceased being a member during the reporting period—the date the individual ceased being a member;

(e)the dates of each meeting held by the committee during the reporting period.

(3)The report must, on or before each anniversary of the day the committee was established, be given to—

(a)the entity that established the committee; and

(b)if the committee was established by an entity other than the chief executive—the chief executive.

s 27 ins 2012 SL No. 90 s 9

pt 5 div 6 hdg ins 2012 SL No. 90 s 9

28Prescribed patient safety entities and authorised purposes

(1)Each of the following is a patient safety entity prescribed for section 85(3) of the Act, definition prescribed patient safety entity—

(a)the administrative unit of the department responsible for coordinating improvements in the safety and quality of health services;

(b)the administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas;

(c)an executive committee established by the chief executive to oversee improvements in the safety and quality of health services;

(d)each safety and quality committee established by a board.

(2)For section 85(3) of the Act, definition authorised purpose, the purposes stated in schedule 2, part 1 for a prescribed patient safety entity are the purposes prescribed for the entity.

s 28 ins 2012 SL No. 90 s 9

pt 6 hdg ins 2012 SL No. 90 s 9

29Reportable events

(1)For section 94 of the Act, definition reportable event, the following events are prescribed—

(a)maternal death or serious maternal morbidity associated with labour or delivery;

(b)the death of a person associated with the incorrect management of the person’s medication;

(c)the death of a person, or neurological damage suffered by a person, associated with an intravascular gas embolism;

(d)the wrong procedure being performed on a person, or a procedure being performed on the wrong part of a person’s body, resulting in the death of the person or an injury being suffered by the person;

(e)the retention of an instrument, or other material, in a person’s body during surgery that requires further surgery to remedy the retention;

(f)the death of a person, or an injury suffered by a person, associated with a haemolytic blood transfusion reaction resulting from the wrong blood type being used for the person during a blood transfusion;

(g)the suspected suicide of a person receiving inpatient health care;

(h)the suspected suicide of a person with a mental illness who is under the care of a provider of mental health services while residing in the community;

(i)any other death of a person, or an injury suffered by a person, that was not reasonably expected to be an outcome of the health service provided to the person;

(j)a stillbirth.

(2)For subsection (1), a reference to an injury is a reference to an injury that is likely to be permanent.

(3)In this section—

mental illness see the Mental Health Act 2016, section 10.

stillbirth means the birth of a child—

(a)who shows no sign of respiration or heartbeat, or other sign of life, after completely leaving the child’s mother’s body; and

(b)who—

(i)has been gestated for 20 weeks or more; or

(ii)weighs 400g or more.

s 29 ins 2012 SL No. 90 s 9

amd 2016 SL No. 212 s 6; 2017 SL No. 16 s 5 sch 2

30Prescribed patient safety entities and authorised purposes

(1)Each of the following is a patient safety entity prescribed for section 112(6) of the Act, definition prescribed patient safety entity—

(a)the administrative unit of the department responsible for coordinating improvements in the safety and quality of health services;

(b)the administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas;

(c)an executive committee established by the chief executive to oversee improvements in the safety and quality of health services;

(d)each safety and quality committee established by a board;

(e)each quality assurance committee.

(2)For section 112(6) of the Act, definition authorised purpose, the purposes stated in schedule 2, part 2 for a prescribed patient safety entity are the purposes prescribed for the entity.

s 30 ins 2012 SL No. 90 s 9

pt 6A hdg ins 2016 SL No. 106 s 4

30AReferences to shifts

(1)In this part—

(a)the morning shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 7a.m. and 3p.m.; and

(b)the afternoon shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 3p.m. and 11p.m.; and

(c)the night shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 11p.m. and 7a.m.

(2)However—

(a)if a shift falls equally across the periods mentioned in subsection (1)(a) and (b), it is taken to be an afternoon shift; and

Example—

A shift from 11a.m. to 7p.m. is an afternoon shift.

(b)if a shift falls equally across the periods mentioned in subsection (1)(b) and (c), it is taken to be a night shift; and

(c)if a shift falls equally across the periods mentioned in subsection (1)(a) and (c), it is taken to be a morning shift.

s 30A ins 2016 SL No. 106 s 4

30BNurse-to-patient and midwife-to-patient ratios applying to particular acute adult wards—Act, s 138B

(1)This section applies in relation to an acute adult ward in a public sector health service facility if, in the table in schedule 2A—

(a)the facility is listed in the first column; and

(b)a dot point appears opposite the facility in the column for the type of ward.

(2)The minimum number of nurses or midwives who must be engaged in delivering health services to patients in the ward is—

(a)for the morning shift—the number of patients divided by 4; or

(b)for the afternoon shift—the number of patients divided by 4; or

(c)for the night shift—the number of patients divided by 7.

(3)If the number worked out under subsection (2) is less than 1, the number is taken to be 1.

(4)Otherwise, if the number worked out under subsection (2) is not a whole number, the number must be rounded to the nearest whole number (rounding one-half downwards).

Example—

For the morning shift in a ward with 7 patients, the number worked out under subsection (2)(a) is 1.75, so the minimum number of nurses or midwives required is 2.

(5)In this section—

acute adult ward means an acute ward in which health services are provided to adult patients.

s 30B ins 2016 SL No. 106 s 4

pt 7 hdg ins 2012 SL No. 90 s 9

31Prescribed committees

(1)For schedule 1, section 8(1)(b) of the Act, the following committees are prescribed—

(a)a safety and quality committee;

(b)a finance committee;

(c)an audit committee under the Financial and Performance Management Standard 2009, section 35.

Note—

A Service must comply with requirements under the Financial and Performance Management Standard 2009, section 35 in establishing an audit committee.

(2)The board establishing the committee may assign a different name to a committee mentioned in subsection (1), if the name is appropriate having regard to the committee’s functions.

s 31 ins 2012 SL No. 90 s 9

32Functions of a safety and quality committee

A safety and quality committee established by a Service’s board has the following functions—

(a)advising the board on matters relating to the safety and quality of health services provided by the Service, including the Service’s strategies for the following—

(i)minimising preventable patient harm;

(ii)reducing unjustified variation in clinical care;

(iii)improving the experience of patients and carers of the Service in receiving health services;

(iv)complying with national and State strategies, policies, agreements and standards relevant to promoting consultation with health consumers and members of the community about the provision of health services by the Service;

Examples of policies and standards—

• the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care

•the document called ‘Queensland Health public patients’ charter’, published by the department

(b)monitoring the Service’s governance arrangements relating to the safety and quality of health services, including by monitoring compliance with the Service’s policies and plans about safety and quality;

(c)promoting improvements in the safety and quality of health services provided by the Service;

(d)monitoring the safety and quality of health services being provided by the Service using appropriate indicators developed by the Service;

(e)collaborating with other safety and quality committees, the department and State-wide quality assurance committees in relation to the safety and quality of health services;

(f)any other function given to the committee by the Service’s board, if the function is not inconsistent with a function mentioned in paragraphs (a) to (e).

Example of a function for paragraph (f)—

overseeing workplace health and safety practices in the Service

s 32 ins 2012 SL No. 90 s 9

amd 2016 SL No. 212 s 7; 2019 SL No. 40 s 10

33Functions of a finance committee

A finance committee established by Service’s board has the following functions—

(a)advising the board about the matters stated in paragraphs (b) to (g);

(b)assessing the Service’s budgets and ensuring the budgets are—

(i)consistent with the organisational objectives of the Service; and

(ii)appropriate having regard to the Service’s funding;

(c)monitoring the Service’s cash flow, having regard to the revenue and expenditure of the Service;

(d)monitoring the financial and operating performance of the Service;

(e)monitoring the adequacy of the Service’s financial systems, having regard to its operational requirements and obligations under the Financial Accountability Act 2009;

(f)assessing financial risks or concerns that impact, or may impact, on the financial performance and reporting obligations of the Service, and how the Service is managing the risks or concerns;

Examples of financial risks or concerns for paragraph (f)—

•the accuracy of the valuation of fixed assets

•the adequacy of financial reserves

(g)assessing the Service’s complex or unusual financial transactions;

(h)any other function given to the committee by the Service’s board, if the function is not inconsistent with a function mentioned in paragraphs (a) to (g).

Examples of functions for paragraph (h)—

performance and resource management functions

s 33 ins 2012 SL No. 90 s 9

34Functions of an audit committee

(1)An audit committee established by a Service’s board has the following functions—

(a)advising the board about the matters stated in paragraphs (b) to (h);

(b)assessing the adequacy of the Service’s financial statements, having regard to the following—

(i)the appropriateness of the accounting practices used;

(ii)compliance with prescribed accounting standards under the Financial Accountability Act 2009;

(iii)external audits of the Service’s financial statements;

(iv)information provided by the Service about the accuracy and completeness of the financial statements;

(c)monitoring the Service’s compliance with its obligation to establish and maintain an internal control structure and systems of risk management under the Financial Accountability Act 2009, including—

(i)whether the Service has appropriate policies and procedures in place; and

(ii)whether the Service is complying with the policies and procedures;

(d)if an internal audit function is established for the Service under the Financial and Performance Management Standard 2009, part 2, division 5—monitoring and advising the Service’s board about its internal audit function;

(e)overseeing the Service’s liaison with the Queensland Audit Office in relation to the Service’s proposed audit strategies and plans;

(f)assessing external audit reports for the Service and the adequacy of actions taken by the Service as a result of the reports;

(g)monitoring the adequacy of the Service’s management of legal and compliance risks and internal compliance systems, including the effectiveness of the systems in monitoring compliance by the Service with relevant laws and government policies;

(h)assessing the Service’s complex or unusual transactions or series of transactions, or any material deviation from the Service’s budget;

(i)any other function given to the committee by the Service’s board, if the function is not inconsistent with a function mentioned in paragraphs (a) to (h).

Example of a function for paragraph (i)—

overseeing improvements in the quality of the Service’s systems and procedures

(2)In this section—

external audit means an audit conducted by or for the Queensland Audit Office.

Queensland Audit Office means the Queensland Audit Office established under the Auditor-General Act 2009, section 6(3).

s 34 ins 2012 SL No. 90 s 9

pt 8 hdg ins 2012 SL No. 90 s 9

sub 2017 SL No. 107 s 6

34APrescribed health practitioner—Act, s 139

For section 139 of the Act, definition prescribed health practitioner, a medical practitioner holding any of the following types of registration under the Health Practitioner Regulation National Law is prescribed—

(a)general registration;

(b)limited registration for a purpose mentioned in the Health Practitioner Regulation National Law, section 66 or 67;

(c)limited registration in the public interest to which the Health Practitioner Regulation National Law, section 273 applies;

(d)specialist registration;

(e)provisional registration.

s 34A ins 2016 SL No. 237 s 3

reloc 2017 SL No. 107 s 5

34BPrescribed information system—Act, s 139

For section 139 of the Act, definition prescribed information system, the information system provided by the department called ‘The Viewer’ and with asset number 326492 is prescribed.

s 34B ins 2016 SL No. 237 s 3

reloc 2017 SL No. 107 s 5

34CPrescribed designated person—Act, s 139A

The following persons are prescribed as designated persons for section 139A(1)(m) of the Act—

(a)the commissioner of the Queensland Ambulance Service appointed under the Ambulance Service Act 1991, section 4;

(b)a person employed under the Ambulance Service Act 1991, section 13.

s 34C ins 2017 SL No. 107 s 7

35Disclosure of confidential information for purposes relating to health services

(1)For section 150(b) of the Act, the following are prescribed entities for evaluating, managing, monitoring or planning health services—

(a)Alfred Health ABN 27 318 956 319 and Monash University ABN 12 377 614 012 for collecting data about a relevant trauma patient for use in the Australian Trauma Registry;

(b)Hardes & Associates Pty Ltd ACN 079 150 940 for reviewing patterns of health services delivery and projecting the future demand for, and supply of, health services;

(c)Medicare Australia for maintaining the Australian Childhood Immunisation Register;

(d)the relevant statistical research entity for collecting and evaluating data about a person who receives treatment in a public sector hospital for the purpose of the department’s patient satisfaction surveys;

(e)the Australian Orthopaedic Association ACN 000 759 795 for collecting data about joint replacement surgery for use in the Australian Orthopaedic Association National Joint Replacement Registry;

(f)the Australasian Cardiac Surgery Research Institution ABN 44 099 817 106 and Monash University ABN 12 377 614 012 for collecting data about cardiac surgery for use in the Australian and New Zealand Society of Cardiac and Thoracic Surgeons Cardiac Surgery Database;

(g)the Department of Communities, Child Safety and Disability Services and the Department of Housing and Public Works for the purposes of the Joint Action Plan;

(h)the Florey Institute of Neuroscience and Mental Health ABN 92 124 762 027 for collecting data about eligible stroke and transient ischaemic attack patients for use in the Australian Stroke Clinical Registry and for community based follow-up;

(i)Alfred Health ABN 27 318 956 319 for collecting data about a relevant asplenic patient for use in the Spleen Australia registry.

(2)Also for section 150(b) of the Act, the following are prescribed entities for evaluating, managing, monitoring or planning health services relating to the implementation and management of the National Disability Insurance Scheme—

(a)the NDIS agency;

(b)the following departments of government—

(i)the Department of Communities, Child Safety and Disability Services;

(ii)the Department of Housing and Public Works;

(iii)Queensland Treasury and Trade.

(3)In this section—

Joint Action Plan means the arrangement, known as the ‘Joint Action Plan: Transitioning long-stay younger people with disability from Queensland public health facilities’, among Queensland Health, the Department of Communities, Child Safety and Disability Services and the Department of Housing and Public Works—

(a)to support young people with disability who are long-stay patients in Queensland public health facilities in moving to more appropriate accommodation and accessing support in the community; and

(b)otherwise to support young people with disability who are long-stay patients in Queensland public health facilities and their families in preparation for, and in the implementation of, the National Disability Insurance Scheme in Queensland.

National Disability Insurance Scheme see the National Disability Insurance Scheme Act 2013 (Cwlth), section 9.

NDIS agency means the National Disability Insurance Scheme Launch Transition Agency established under the National Disability Insurance Scheme Act 2013 (Cwlth), section 117.

relevant asplenic patient means a person with—

(a)asplenia; or

(b)reduced spleen function due to a medical condition or intervention.

Examples of medical conditions or interventions that cause reduced spleen function—

splenectomy, partial splenectomy, splenic embolisation, splenic infarction, splenic irradiation, hyposplenism

relevant statistical research entity means the department in which the Statistical Returns Act 1896 is administered.

relevant trauma patient means a person who attends a public sector hospital for treatment of a physical injury and—

(a)is admitted for 24 hours or more; or

(b)dies within 24 hours of receiving treatment in the hospital’s emergency department; or

(c)dies within 24 hours of being admitted.

s 35 ins 2012 SL No. 90 s 9

amd 2013 SL No. 60 s 3; 2014 SL No. 29 s 3; 2014 SL No. 99 s 6; 2016 SL No. 17 s 40; 2016 SL No. 20 s 3; 2016 SL No. 212 s 8; 2017 SL No. 107 s 8

36Disclosure to Commonwealth, another State or Commonwealth or State entity

(1)Each agreement stated in schedule 3, part 1, is prescribed for section 151(1)(a)(i)(B) of the Act.

(2)Each agreement stated in schedule 3, part 2, is prescribed for section 151(1)(b)(i)(B) of the Act.

s 36 ins 2012 SL No. 90 s 9

pt 8A hdg ins 2017 SL No. 107 s 9

37Major capital works

For the Act, schedule 2, definition major capital works, capital works are prescribed if the works—

(a)are structural works for the construction of a building; or

(b)involve alterations to the building envelope of an existing building; or

(c)consist of work that requires assessment, certification or approval under an Act.

Example of work for paragraph (c)—

building work that requires assessment by a building certifier under the Building Act 1975

s 37 ins 2012 SL No. 90 s 9

pt 9 hdg ins 2012 SL No. 90 s 9

pt 9 div 1 hdg ins 2012 SL No. 90 s 9

sub 2014 SL No. 49 s 7

pt 9 div 1 sdiv 1 hdg ins 2014 SL No. 49 s 7

38Definition for div 1

In this division—

commencement means 1 July 2012.

s 38 ins 2012 SL No. 90 s 9

amd 2014 SL No. 49 s 8

pt 9 div 1 sdiv 2 hdg ins 2014 SL No. 49 s 9

39Appointment of existing health executives other than district managers to Services

For section 286(2)(a) of the Act, a person mentioned in section 286(1) of the Act employed immediately before the commencement in a health service district stated in schedule 4, column 1 is appointed to the Service stated opposite the district in column 2 of the schedule as a health executive.

s 39 ins 2012 SL No. 90 s 9

40Continued appointment of authorised persons and security officers

For the Act, sections 289(3) and 290(3), definition corresponding Service, a health service district mentioned in schedule 4, column 1 is replaced by the Service mentioned opposite the health service district in column 2 of the schedule.

s 40 ins 2012 SL No. 90 s 9

41Continuation of quality assurance committees

For section 294 of the Act, each continued committee stated in schedule 5, column 1 is taken to be established by the entity stated opposite the committee in column 2 of the schedule.

s 41 ins 2012 SL No. 90 s 9

pt 9 div 2 hdg prev div 2 hdg ins 2012 SL No. 90 s 9

om 2014 SL No. 49 s 9

pres div 2 hdg ins 2014 SL No. 49 s 10

42Application of sch 5A

(1)Schedule 5A applies for the amalgamation of the merging Services as the new Service under section 3A.

(2)In this section and schedule 5A, as it applies under subsection (1)—

amalgamation day means 1 July 2014.

merging Service see section 3A(2).

new Service see section 3A(1)(a).

s 42 prev s 42 ins 2012 SL No. 90 s 9

exp 30 June 2013 (see s 42(1)(b))

pres s 42 ins 2014 SL No. 49 s 10

section 3

sch 1 num 2012 SL No. 90 s 10 (1)

amd 2012 SL No. 90 s 10 (2)–(4); 2014 SL No. 49 s 11; 2017 SL No. 107 s 10; 2018 SL No. 174 s 57

section 3AA

•Children’s Health Queensland

•Gold Coast

•Metro North

•Metro South

•North West

•Sunshine Coast

•Townsville

•West Moreton

sch 1AA ins 2014 SL No. 99 s 7

section 3AB

sch 1AB ins 2014 SL No. 99 s 7

sub 2018 SL No. 215 s 12

section 11A

The following classification levels under the ‘Medical Officers (Queensland Health) Award - State 2015’ are prescribed—

•L13 but only if the position has a pay point of C1-1 under the award

•L14 to L29

• MOPP 1-1

•MOPP 1-2

•MOPP 1-3

• MSPP 1-1

•MSPP 1-2

•MSPP 1-3

•MSPP 1-4

• MSPP 2-1

•MSPP 2-2.

A position, known as a visiting medical officer position, in which a health service employee is employed if the employee—

(a)is registered under the Health Practitioner Regulation National Law to practise in the medical profession; and

(b)incurs ongoing private practice costs.

sch 1A ins 2013 SL No. 260 s 8

amd 2019 SL No. 263 s 7

sections 28 and 30

1Administrative unit of the department responsible for coordinating improvements in the safety and quality of health services

•improving the effectiveness and outcomes of quality assurance activities undertaken in Services and the department

•facilitating State-wide learning from quality assurance activities, including by issuing State-wide patient safety alerts, advisory documents and other information to support patient safety initiatives

•developing, monitoring and evaluating patient safety initiatives and programs

•undertaking research on the operation and effectiveness of quality assurance committees

2Administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas

•contributing to the development, review and improvement of policies and standards relating to quality assurance activities in rural Services

•monitoring and reporting on the implementation of recommendations contained in quality assurance committee reports or other documents in rural Services

•developing and implementing patient safety initiatives in rural Services

3Executive committee established by the chief executive to oversee improvements in the safety and quality of health services

•reviewing patient safety and quality performance in Services and the department

•monitoring, evaluating and promoting improvement in patient safety and quality performance in Services and the department

4Safety and quality committees

•contributing to the development, review and improvement of policies and standards of the committee’s board relating to quality assurance activities in the Service of the board that established the committee

•monitoring and reporting to the committee’s board on the implementation of recommendations contained in quality assurance committee reports or other documents in the Service

•developing and implementing patient safety initiatives of the committee’s board in the Service

5Administrative unit of the department responsible for coordinating improvements in the safety and quality of health services

•improving the effectiveness and outcomes of root cause analyses undertaken in Services and the department

•facilitating State-wide learning from root cause analyses, including by issuing State-wide patient safety alerts, advisory documents and other information to support patient safety initiatives

•developing, monitoring and evaluating patient safety initiatives and programs

•undertaking research on the operation and effectiveness of root cause analyses

6Administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas

•contributing to the development, review and improvement of policies and standards relating to root cause analyses in rural Services

•monitoring and reporting on the implementation of recommendations contained in RCA reports or chain of events documents relevant to rural Services

•using information contained in RCA reports or chain of events documents to develop and implement patient safety initiatives in rural Services

7Executive committee established by the chief executive to oversee improvements in the safety and quality of health services

•reviewing patient safety and quality performance in Services and the department

•monitoring, evaluating and promoting improvement in patient safety and quality performance in Services and the department

8Safety and quality committees

•contributing to the development, review and improvement of policies and standards relating to root cause analyses in the Service of the board that established the committee

•monitoring and reporting to the committee’s board on the implementation of recommendations contained in RCA reports or other documents relevant to the board’s Service

•using information contained in RCA reports or chain of events documents to develop and implement patient safety initiatives in the Service

9Quality assurance committees

•assessing and evaluating the quality of health services, to the extent the services are relevant to a reportable event

•reporting and making recommendations concerning the quality of health services, to the extent the services are relevant to a reportable event

•monitoring the implementation of its recommendations, to the extent its recommendations are relevant to a reportable event

sch 2 ins 2012 SL No. 90 s 11

section 30B

sch 2A ins 2016 SL No. 106 s 5

amd 2017 SL No. 213 s 3

sub 2019 SL No. 225 s 3

section 36

1The agreement made on 1 December 2016 called ‘Hospital Services Arrangement between the Commonwealth of Australia and the Repatriation Commission and the Military Rehabilitation and Compensation Commission and the State of Queensland for public hospital services provided to persons entitled for Treatment under Part V and s. 203 of the Veterans’ Entitlements Act 1986 or under s. 285 and s. 286 of the Military Rehabilitation and Compensation Act 2004 or under s. 16 of the Safety Rehabilitation and Compensation Act 1988 or under s. 7 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006’.

2Agreement between Queensland and the Australian Capital Territory for the funding of admitted patient services provided to residents of Queensland by the Australian Capital Territory and vice versa, 1 July 2009 onwards.

3Agreement between Queensland and the Northern Territory for the funding of admitted patient services provided to residents of Queensland by the Northern Territory and vice versa, 1 July 2009 onwards.

4Agreement between Queensland and South Australia for the funding of admitted patient services provided to residents of Queensland by South Australia and vice versa, 1 July 2009 onwards.

5Agreement between Queensland and Tasmania for the funding of admitted patient services provided to residents of Queensland by Tasmania and vice versa, 1 July 2009 onwards.

6Agreement between Queensland and Victoria for the funding of admitted and non-admitted patient services provided to residents of Queensland by Victoria and residents of Victoria by Queensland, 1 July 2009 onwards.

7Agreement between Queensland and Western Australia for the funding of admitted patient services provided to residents of Queensland by Western Australia and vice versa, 1 July 2009 onwards.

8National Health Information Agreement between the Commonwealth, State and Territory health, statistical and national authorities, commenced 1 October 2013.

9Intergovernmental Agreement on Federal Financial Relations, the schedules and any agreements under the schedules, between the Commonwealth of Australia and the States and Territories of Australia, commenced 1 January 2009.

9AThe agreement called ‘2014-2017 Agreement between The Health Authorities of the States and Territories of Australia and The Organ and Tissue Authority’.

9BThe agreement called ‘ARF/RHD Register Service Agreement’ between Queensland and the Menzies School of Health Research.

9CThe agreement of 2019 called ‘Agreement pursuant to section 151(1)(a) of the Hospital and Health Boards Act 2011 (Qld) between State of Queensland through the Chief Executive of Queensland Health and Commonwealth of Australia represented by the Department of Human Services for information exchange between Queensland Health and the Department of Human Services to identify women who are eligible to receive breast screening services in Queensland’.

10The agreement dated 15 June 2017 called ‘Memorandum of Understanding between The State of Queensland acting through Queensland Health and The State of Queensland acting through the Queensland Police Service, Mental Health Collaboration’.

11The agreement of 2017 called ‘Memorandum of Understanding between the Chief Executive of Queensland Health and the State of Queensland acting through the Department of Justice and Attorney-General represented by Queensland Corrective Services, Confidential Information Disclosure’.

12The agreement of 2010 called ‘Memorandum of Understanding between the State of Queensland through Queensland Health and the State of Queensland through Queensland Government Insurance Fund, Queensland Treasury, in relation to reciprocal information sharing’.

13The agreement dated 2 November 2017 called ‘Memorandum of Understanding between the Chief Executive of Queensland Health and the Queensland Police Service, Confidential Information Disclosure’.

14The agreement of 2010 called ‘Memorandum of Understanding between the State of Queensland acting through Queensland Health and the State of Queensland acting through the Department of Community Safety (Queensland Ambulance Service), for transmission of CCTV images’.

15The agreement dated 5 July 2018 called ‘Agreement pursuant to section 151(1)(b) of the Hospital and Health Boards Act 2011 (Qld) between The State of Queensland through the Chief Executive of Queensland Health and National Injury Insurance Agency Queensland’.

sch 3 ins 2012 SL No. 90 s 11

amd 2013 SL No. 287 s 3; 2014 SL No. 99 s 8; 2014 SL No. 260 s 5; 2016 SL No. 212 s 9; 2017 SL No. 16 s 5 sch 2; 2017 SL No. 107 s 11; 2018 SL No. 31 s 5; 2018 SL No. 215 s 13; 2019 SL No. 35 s 3; 2019 SL No. 225 s 4

sections 39 and 40

sch 4 ins 2012 SL No. 90 s 11

amd 2016 SL No. 212 s 10

section 41

sch 5 ins 2012 SL No. 90 s 11

section 42

1Definition for sch 5A

In this schedule—

new health service chief executive see section 2(2).

2Appointment of new health service chief executive

(1)This section applies if—

(a)before the amalgamation day, a Hospital and Health Board is appointed for the new Service under section 23 of the Act; and

(b)the appointment is to take effect on the amalgamation day.

(2)The persons who are to constitute the board may, before the amalgamation day, appoint a health service chief executive (the new health service chief executive) for the new Service.

(3)An appointment made under subsection (2)—

(a)takes effect on the amalgamation day; and

(b)subject to paragraph (a), is taken to have been made by the board under section 33 of the Act.

3Continued appointment as authorised person or security officer

(1)This section applies to a person appointed to a relevant office by the health service chief executive for a merging Service, if the appointment is in force immediately before the amalgamation day.

(2)On and from the amalgamation day, the person continues to be appointed to the relevant office for the new Service—

(a)until the appointment ends; and

(b)on the same terms of appointment that applied to the person immediately before the amalgamation day.

(3)In this section—

relevant office means either or both of the following—

(a)an authorised person;

(b)a security officer.

4Continued appointments to relevant offices to undertake official functions

(1)This section applies if—

(a)the health service chief executive for a merging Service has appointed a person to any of the following offices (each a relevant office)—

(i)health service auditor;

(ii)clinical reviewer;

(iii)health service investigator; and

(b)the person has not finished undertaking the person’s official function before the amalgamation day.

(2)Subject to subsections (3) and (4), on and from the amalgamation day, the person continues to be appointed to the relevant office in the new Service on the same terms of appointment that applied to the person immediately before the amalgamation day.

(3)Subsection (2) applies only until—

(a)the person gives the new health service chief executive a relevant report for the person’s official function; or

(b)the person’s appointment to the relevant office sooner ends.

(4)On and from the amalgamation day, the new health service chief executive is taken to be the appointer of the person to the relevant office.

(5)Subsections (2) and (3) do not prevent the new health service chief executive from reappointing the person to the relevant office to finish undertaking the person’s official function.

(6)In this section—

official function means—

(a)for a health service auditor—a health service audit; or

(b)for a clinical reviewer—a clinical review under part 6, division 3 of the Act; or

(c)for a health service investigator—a health service investigation under part 9 of the Act.

relevant report means—

(a)for a health service audit—a report under section 64 of the Act; or

(b)for a clinical review under part 6, division 3 of the Act—a report under section 135 or 136 of the Act; or

(c)for a health service investigation under part 9 of the Act—a report under section 199 of the Act.

5Continuation of quality assurance committees

(1)This section applies if a merging Service has established a quality assurance committee that is in existence immediately before the amalgamation day.

(2)On and from the amalgamation day—

(a)the quality assurance committee continues; and

(b)the committee is taken to have been established by the new Service; and

(c)for applying section 22(a) of the regulation, any procedures that were decided for the committee by the merging Service before the amalgamation day are taken to have been decided by the new Service.

6Continuation of RCA teams and RCAs

(1)This section applies if—

(a)the health service chief executive for a merging Service has appointed persons to be members of an RCA team to conduct an RCA of a reportable event; and

(b)the RCA team has not finished conducting the RCA before the amalgamation day.

(2)Subject to subsection (3), on and from the amalgamation day—

(a)the appointment of the RCA team continues in force; and

(b)the RCA continues; and

(c)unless the context otherwise requires, the new health service chief executive is taken to be the commissioning authority who appointed the RCA team members.

(3)Subsection (2) applies to the RCA team only until—

(a)the RCA team gives the new health service chief executive an RCA report about the reportable event; or

(b)the conduct of the RCA is sooner stopped.

7Application for internal review

(1)This section applies if, before the amalgamation day, a merging Service had started dealing with, but had not finally dealt with, an application under—

(a)the Information Privacy Act 2009, section 43, 44 or 94; or

(b)the Right to Information Act 2009, section 24 or 80.

(2)On and from the amalgamation day, the new Service must continue to deal with the application as if the application had been made to the new Service.

8Application for external review

(1)This section applies if, before the amalgamation day, the information commissioner had started dealing with, but had not finally dealt with, an application for external review, under the Information Privacy Act 2009 or Right to Information Act 2009, of a decision made by a merging Service.

(2)On the amalgamation day, the new Service becomes a participant in the external review.

(3)In this section—

participant—

(a)in an external review of a decision under the Information Privacy Act 2009—see schedule 5 of that Act; or

(b)for an external review of a decision under the Right to Information Act 2009—see schedule 6 of that Act.

9Persons affected by reviewable decisions

(1)This section applies if—

(a)a person was affected by a reviewable decision made by a merging Service under the Information Privacy Act 2009 or Right to Information Act 2009 before the amalgamation day; and

(b)the period in which the person may apply for a review of the decision under the Information Privacy Act 2009, section 94 or 99 or the Right to Information Act 2009, section 80 or 85, has not ended before the amalgamation day; and

Note—

For the relevant period, see the Information Privacy Act 2009, section 96(c) or 101(1)(d), or the Right to Information Act 2009, section 82(c) or 88(1)(d).

(c)the person has not applied for a review of the decision before the amalgamation day.

(2)On and from the amalgamation day, for applying the provisions of the Information Privacy Act 2009 or Right to Information Act 2009 in relation to a review of the decision, that Act applies as if the decision had been made by the new Service.

10Divestment of assets, release of liabilities and transfer of assets and liabilities

On the amalgamation day—

(a)each merging Service is divested of all its assets and released from all its liabilities; and

(b)the assets become the assets of the new Service; and

(c)the liabilities are assumed by the new Service.

11Successor in law

On the amalgamation day, the new Service is the successor in law of each merging Service.

12Instruments

(1)On the amalgamation day, a merging Service instrument applies to the new Service in place of the merging Service.

(2)Without limiting subsection (1)—

(a)any right, title, interest or liability arising under or relating to a merging Service instrument is taken to be transferred from the merging Service to the new Service; and

(b)a merging Service instrument, including a benefit or right provided by a merging Service instrument, or given to, by or in favour of, a merging Service is taken to have been given to, by or in favour of, the new Service; and

(c)the new Service is taken to be a party to each merging Service instrument in place of the merging Service to which it applied; and

(d)a reference to a merging Service in a merging Service instrument is taken to be a reference to the new Service; and

(e)an application for a merging Service instrument made in the merging Service’s name is taken to have been made in the new Service’s name; and

(f)a merging Service instrument under which an amount is, or may become, payable to or by a merging Service is taken to be an instrument under which the amount is, or may become, payable to or by the new Service in the way the amount was, or might have become, payable to or by the merging Service; and

(g)a merging Service instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by a merging Service is taken to be an instrument under which property is or may become liable to be transferred, conveyed or assigned to or by the new Service in the way the property was or might have become liable to be transferred, conveyed or assigned to or by the merging Service.

(3)In this section—

merging Service instrument means an instrument applying to a merging Service.

13Particular health service employees

(1)This section applies to a person who, immediately before the amalgamation day, was employed as a health executive or senior health service employee in a merging Service.

(2)On and from the amalgamation day, the person continues to be employed as a health executive or senior health service employee in the new Service—

(a)until the term of the person’s employment ends or the employment otherwise ends; and

(b)on the same conditions of employment that applied to the person immediately before the amalgamation day.

s 13 ins 2014 SL No. 49 s 12

amd 2015 Act No. 7 s 36 sch 1

14Pending legal proceedings

On and from the amalgamation day, a legal proceeding by or against a merging Service that is not finished before the amalgamation day must be continued and finished by or against the new Service.

15Transfer of records

On the amalgamation day, the records of a merging Service become the records of the new Service.

sch 5A ins 2014 SL No. 49 s 12

section 2

afternoon shift, for part 6A, see section 30A(1)(b).

sch 6 def afternoon shift ins 2016 SL No. 106 s 6

Australian Standard Geographical Classification means the Australian Standard Geographical Classification (Cat. No. 1216.0), July 2011 edition published by the Australian Bureau of Statistics.

Australian Statistical Geography Standard means the Australian Statistical Geography Standard (Cat. No. 1270.0.55.001), July 2011 edition published by the Australian Bureau of Statistics.

commencement, for part 9, see section 38.

committee, for part 5, see section 15.

community of Cardwell means the area consisting of statistical area level 1 (SA1) 3116116, 3116117, 3116118, 3116119, 3116106, 3116122, 3116123, 3116139.

community of Taroom means the area consisting of statistical area level 1 (SA1) 3119407, 3119408, 3119410.

community of Urandangi means the area consisting of mesh blocks 30023480000 and 30023490000.

health system employer, for part 3, see section 4.

local government area means a local government area under the Australian Standard Geographical Classification.

member, for part 5, see section 15.

Menzies School of Health Research means the school established under the Menzies School of Health Research Act (NT), section 4.

sch 6 def Menzies School of Health Research ins 2017 SL No. 107 s 12

mesh block means a mesh block under the Australian Statistical Geography Standard.

morning shift, for part 6A, see section 30A(1)(a).

sch 6 def morning shift ins 2016 SL No. 106 s 6

night shift, for part 6A, see section 30A(1)(c).

sch 6 def night shift ins 2016 SL No. 106 s 6

privacy policy, for part 5, see section 15.

relevant chief executive, for part 3, see section 4.

residential premises see the Residential Tenancies and Rooming Accommodation Act 2008, section 10.

sch 6 def residential premises ins 2014 SL No. 99 s 9

rural Service means each the following Hospital and Health Services—

(a)Central West;

(b)North West;

(c)South West;

(d)Torres and Cape.

sch 6 def rural Service amd 2014 SL No. 49 s 13

safety and quality committee means a safety and quality committee established by a board under schedule 1, section 8(1)(b) of the Act and section 31(a).

specified information, for part 5, see section 15.

statistical area level 1 (SA1) means a statistical area level 1 (SA1) under the Australian Statistical Geography Standard.

statistical local area means a statistical local area under the Australian Standard Geographical Classification.

sch 6 ins 2012 SL No. 90 s 11