Health and Hospitals Network and Other Legislation Amendment Act 2012 (Qld)
Case
No judgment structure available for this case.
Queensland Health and Hospitals Network and Other Legislation Amendment Act 2012 Act No. 9 of 2012
Queensland Health and Hospitals Network and Other Legislation Amendment Act 2012 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of Health and Hospitals Network Act 2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Replacement of s 7 (Establishment of Local Health and Hospital Networks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7 Establishment of Hospital and Health Services . . . . . 11 Amendment of s 8 (Management of the public sector health system) ....................................... 11 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8A Funding of public sector health system . . . . . . . . . . . 12 Amendment of s 10 (State-wide employment and industrial relations arrangements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of s 19 (Functions of networks) . . . . . . . . . . . . . . . . 12 Amendment of s 20 (Powers of networks) . . . . . . . . . . . . . . . . . . 12 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20A Limitation on Service’s dealing with land or buildings 13 Amendment of s 23 (Membership of governing councils) . . . . . . 13 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 27A Suspension from office of Hospital and Health Board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 28 (Removal from office of governing council members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Replacement of pt 2, div 2, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . 15 Subdivision 3 Delegation by Hospital and Health Boards
Health and Hospitals Network and Other Legislation Amendment Act 2012 Contents 16 17 18 19 20 21 22 23 24 25 26 Page 2 30 Delegation by boards . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2A Executive committees 32A Hospital and Health Board must establish executive committee for Hospital and Health Service . . . . . . . . 32B Function of executive committee . . . . . . . . . . . . . . . . 32C Membership of executive committee . . . . . . . . . . . . . 32D Conduct of business by executive committee. . . . . . . Replacement of pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Health service chief executives 33 Appointment of health service chief executives . . . . . 34 Delegation by health service chief executive . . . . . . . Insertion of new s 39A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39A Chief executive to make service agreements available Insertion of new pt 2, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4A Hospital and Health Ancillary Boards 43A Minister may establish ancillary board . . . . . . . . . . . . Replacement of pt 2, div 5, heading. . . . . . . . . . . . . . . . . . . . . . . Amendment of s 44 (Minister may give directions to network) . . . Insertion of new ss 44A to 44E. . . . . . . . . . . . . . . . . . . . . . . . . . . 44A Minister may appoint advisers to boards . . . . . . . . . . 44B Matters to which Minister may have regard in deciding whether to appoint adviser . . . . . . . . . . . . . . . . . . . . . 44C Functions of advisers . . . . . . . . . . . . . . . . . . . . . . . . . 44D Adviser not a member of board but has duty of disclosure ............................. 44E Obligations of board in relation to adviser . . . . . . . . . Insertion of new s 44F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44F Chief executive subject to direction of the Minister. . . Amendment of s 45 (Functions of chief executive). . . . . . . . . . . . Amendment of s 46 (Delegation by chief executive) . . . . . . . . . . Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3A Funding of public sector health system Division 1 Purpose of part 53A Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 State pool account 53B Establishment of State pool account . . . . . . . . . . . . . 15 16 16 16 17 18 18 18 18 19 19 19 20 21 21 21 22 22 23 23 23 23 23 24 24 24 25 25 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Contents 53C Payment into State pool account . . . . . . . . . . . . . . . . 53D Payments from State pool account. . . . . . . . . . . . . . . 53E Payment from State pool account if no administrator or administrator not available to make the payment . . . . Division 3 State managed fund 53F Establishment of State managed fund . . . . . . . . . . . . 53G Payment into State managed fund . . . . . . . . . . . . . . . 53H Payments from State managed fund . . . . . . . . . . . . . Division 4 Provisions applying to administrator for all States, Territories and the Commonwealth Subdivision 1 Preliminary 53I Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Administrator of the National Health Funding Pool 53J The office of administrator . . . . . . . . . . . . . . . . . . . . . 53K Appointment of administrator . . . . . . . . . . . . . . . . . . . 53L Suspension of administrator. . . . . . . . . . . . . . . . . . . . 53M Removal or resignation of administrator. . . . . . . . . . . 53N Acting administrator . . . . . . . . . . . . . . . . . . . . . . . . . . 53O Provision of staff and facilities for administrator . . . . . 53P Functions of administrator . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Financial management and reporting 53Q Financial management obligations of administrator . . 53R Monthly reports by administrator . . . . . . . . . . . . . . . . 53S Annual report by administrator . . . . . . . . . . . . . . . . . . 53T Administrator to prepare financial statements for State pool accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53U Audit of financial statements. . . . . . . . . . . . . . . . . . . . 53V Performance audits . . . . . . . . . . . . . . . . . . . . . . . . . . 53W States to provide administrator with information about State managed funds . . . . . . . . . . . . . . . . . . . . . . . . . 53X Provision of information generally . . . . . . . . . . . . . . . Subdivision 4 Miscellaneous 53Y Application of Acts to administrator . . . . . . . . . . . . . . 53Z Application of Commonwealth Acts . . . . . . . . . . . . . . 53ZA Extra territorial operation of Act . . . . . . . . . . . . . . . . . 53ZB Transitional and validation provisions . . . . . . . . . . . . . 25 26 27 27 28 28 29 31 32 33 34 34 34 35 36 37 38 39 39 40 40 41 41 42 42 43 2012 Act No. 9 Page 3
Health and Hospitals Network and Other Legislation Amendment Act 2012 Contents 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 4 Amendment of s 54 (Chief executive may provide data to Commonwealth) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Amendment of s 60 (Power of health service auditors) . . . . . . . . 44 Amendment of s 67 (Appointment of health service employees) . 44 Amendment of s 68 (Contracted health service employees other than health executives). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 69A Modification of Industrial Relations Act 1999 for health service employees . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Amendment of s 74 (Basis of employment for health executives) 45 Amendment of s 78 (Transfer of health service employees or network health executives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Insertion of pt 5, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 4 Matters relating to employment of health service employees by Services 80 Departmental health service employees to be employed by Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 80A Appointment to perform functions or do other things not affected by becoming employees of prescribed Service 48 80B Matters and proceedings not affected by persons becoming employees of prescribed Service. . . . . . . . 48 Amendment of s 87 (Protection for documents and information) . 49 Amendment of s 119 (Protection for documents and information) 50 Amendment of s 129 (Powers of clinical reviewers) . . . . . . . . . . . 50 Amendment of s 138 (Protection for documents and information) 50 Amendment of s 143 (Disclosure required or permitted by law). . 51 Amendment of s 194 (Powers of health service investigators). . . 51 Amendment of s 279 (Delegation by Minister) . . . . . . . . . . . . . . . 52 Amendment of s 280 (Protecting officials) . . . . . . . . . . . . . . . . . . 52 Amendment of s 282 (Regulation-making power) . . . . . . . . . . . . 52 Replacement of pt 13, div 2, heading. . . . . . . . . . . . . . . . . . . . . . 53 Amendment of s 307 (Transfer notice) . . . . . . . . . . . . . . . . . . . . . 53 Insertion of new pt 13, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 3 Savings and transitionals for the Health and Hospitals Network and Other Legislation Amendment Act 2012 319A Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 319B Governing councils continue in existence as Hospital and Health Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Contents 47 2012 Act No. 9 319C Networks continue in existence as Hospital and Health Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 319D Transitional regulation-making power for amendment Act 55 Replacement of sch 1, pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Part 2 Amendment of other legislation Ambulance Service Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . 59 Commission for Children and Young People and Child GuardianAct 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Criminal Law Amendment Act 1945 . . . . . . . . . . . . . . . . . . . . . . . 61 Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Disaster Management Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Drug Court Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Evidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Food Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Food Production (Safety) Act 2000 . . . . . . . . . . . . . . . . . . . . . . . 67 Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 67 Health Act 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Health Quality and Complaints Commission Act 2006. . . . . . . . . 68 Hospitals Foundations Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . 69 Information Privacy Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Mater Public Health Services Act 2008 . . . . . . . . . . . . . . . . . . . . 76 Mental Health Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Penalties and Sentences Act 1992. . . . . . . . . . . . . . . . . . . . . . . . 79 Personal Injuries Proceedings Act 2002. . . . . . . . . . . . . . . . . . . . 80 Pest Management Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Pharmacy Business Ownership Act 2001 . . . . . . . . . . . . . . . . . . 81 Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 81 Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 81 Private Health Facilities Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . 82 Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Public Health (Infection Control for Personal AppearanceServices) Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Page 5
Health and Hospitals Network and Other Legislation Amendment Act 2012 Contents 48 Part 3 49 50 51 Public Records Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Safety Preservation Act 1986 . . . . . . . . . . . . . . . . . . . . . . Public Trustee Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Radiation Safety Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right to Information Act 2009. . . . . . . . . . . . . . . . . . . . . . . . . . . . Tobacco and Other Smoking Products Act 1998 . . . . . . . . . . . . . Transplantation and Anatomy Act 1979 . . . . . . . . . . . . . . . . . . . . Victims of Crime Assistance Act 2009 . . . . . . . . . . . . . . . . . . . . . Water Fluoridation Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Workers’ Compensation and Rehabilitation Act 2003 . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Industrial Relations Act 1999 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 16A Application of this Act to prescribed Hospital and Health Services and their employees 693 How this Act applies to prescribed Services and their employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new sch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 4A Application of this Act to prescribed Hospital and Health Services and their employees Part 1 General 1 Definitions for sch 4A . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Modification of chapter 3 — Dismissals 2 How s 77 (Matters to be considered in deciding an application) applies. . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3 Modification of chapter 5 — Awards 3 Chief executive to be employer for award but award binds prescribed Services and employees. . . . . . . . . 4 Proceedings in relation to awards . . . . . . . . . . . . . . . 5 How s 125 (Making, amending and repealing awards) applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 How s 129 (Flow-on of certified agreements) applies Part 4 Modification of chapter 6 — Certified agreements 7 Chief executive to be party to certified agreement . . . 8 Proceedings in relation to agreements . . . . . . . . . . . . 86 87 88 88 89 90 90 91 91 92 92 95 95 95 95 96 96 97 97 97 98 98 98 Page 6 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Contents 9 10 11 12 12A 13 14 15 16 17 18 19 20 21 22 22A 22B 23 Part 5 24 25 2012 Act No. 9 26 27 Part 6 28 How s 142 (Who may make certified agreements) applies ............................... 98 How s 143 (Proposed parties to be advised when agreement is proposed) applies . . . . . . . . . . . . . . . . . 99 How s 144 (What is to be done when an agreement is proposed) applies. . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 How s 147 (Peace obligation period to assist negotiations) applies . . . . . . . . . . . . . . . . . . . . . . . . . 99 How s 147A (Employer may ask employees to approve proposed agreement being negotiated with employee organisation) applies . . . . . . . . . . . . . . . . . . . . . . . . . 99 How s 148 (Assistance in negotiating by conciliation) applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 How s 150 (Determinations made under s 149) applies 100 How s 152 (Certificate as to requested representation) applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 How s 166 (Persons bound) applies. . . . . . . . . . . . . . 100 How s 167 (Successor employers bound) applies . . . 100 How s 168 (Extending a certified agreement) applies 101 How s 169 (Amending a certified agreement) applies 101 How s 170 (Amendment if discrimination between unionists and non-unionists) applies . . . . . . . . . . . . . 101 How s 172 (Terminating certified agreement on or before its nominal expiry date) applies . . . . . . . . . . . . 102 How s 173 (Terminating agreement after its nominal expiry date) applies . . . . . . . . . . . . . . . . . . . . . . . . . . 102 How s 175 (Requirements for industrial action in response to industrial action by another party) applies 102 How s 181D (Minister may give directions to reduce or remove threat, damage or danger) applies . . . . . . . . 102 How s 185 (Coercion of persons to make, amend or terminate certified agreements etc.) applies . . . . . . . 103 Modification of chapter 7 — Industrial disputes When chief executive taken to be party to industrial dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 When chief executive may intervene in industrial dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 How s 235 (Secret ballot on strike action) applies . . . 104 How s 239 (Orders the commission may make) applies 104 Modification of other provisions Who makes application to commission as employer . 105 Page 7
Health and Hospitals Network and Other Legislation Amendment Act 2012 Contents 52 Part 4 53 Part 5 54 Schedule 29 Who is party to proceedings as employer before commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 30 Commission’s orders may bind prescribed Services even if chief executive is taken to be employer or party for proceeding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 31 How s 265 (Commission’s jurisdiction) applies . . . . . 106 32 How sch 4, s 5 (Notice of application) applies . . . . . . 107 33 How sch 4, s 7 (Dealing with multiple actions together) applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 34 How sch 4, s 8 (Making of protected action ballot order by commission) applies . . . . . . . . . . . . . . . . . . . . . . . 107 35 How sch 4, s 9 (Notice of protected action ballot order) applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 36 How sch 4, s 10 (Protected action ballot order may require 2 or more ballots to be held together) applies 108 37 How sch 4, s 22 (Results of protected action ballot) applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 108 Amendment of Private Health Facilities Act 1999 Insertion of new s 147B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 147B Disclosure for funding arrangements . . . . . . . . . . . . . 109 Minor and consequential amendments Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Forensic Disability Act 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Health and Hospitals Network Act 2011. . . . . . . . . . . . . . . . . . . . 110 Page 8 2012 Act No. 9
Queensland Health and Hospitals Network and Other Legislation Amendment Act 2012 Act No. 9 of 2012 An Act to amend the Health and Hospitals Network Act 2011 and the Industrial Relations Act 1999 and to make minor or consequential amendments of Acts as stated in the schedule [Assented to 27 June 2012]
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Health and Hospitals Network and Other Legislation Amendment Act 2012 . 2 Commencement (1) This Act, other than the provisions mentioned in subsection (2), commences on 1 July 2012. (2) Sections 7, 18, 26 and 42 commence on a day to be fixed by proclamation. Part 2 Amendment of Health and Hospitals Network Act 2011 3 Act amended This part amends the Health and Hospitals Network Act 2011 . Note— See also the amendments in the schedule. 4 Amendment of s 1 (Short title) Section 1, ‘ Health and Hospitals Network ’— omit, insert — ‘ Hospital and Health Boards ’. Page 10 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 5] 5 Replacement of s 7 (Establishment of Local Health and Hospital Networks) Section 7— omit, insert — ‘7 Establishment of Hospital and Health Services ‘(1) Hospital and Health Services are statutory bodies and are the principal providers of public sector health services. ‘(2) Each Hospital and Health Service is independently and locally controlled by a Hospital and Health Board. ‘(3) Each Hospital and Health Board appoints a health service chief executive. ‘(4) Each Hospital and Health Board exercises significant responsibilities at a local level, including controlling— (a) the financial management of the Service; and (b) the management of the Service’s land and buildings; and (c) for a prescribed Service, the management of the Service’s staff.’. 6 Amendment of s 8 (Management of the public sector health system) (1) Section 8(3)(b), ‘employing staff and’— omit . (2) Section 8(3)(c)— omit , insert — ‘(c) managing major capital works;’ 7 Insertion of new s 8A After section 8— insert — 2012 Act No. 9 Page 11
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 8] ‘8A Funding of public sector health system ‘(1) The public sector health system is funded by the State and the Commonwealth. ‘(2) The State pool account and State managed fund enhance the accountability and transparency of the funding of the public sector health system. ‘(3) The administrator of the National Health Funding Pool publicly reports on funds paid into, and out of, the State pool account and the State managed fund.’. 8 Amendment of s 10 (State-wide employment and industrial relations arrangements) Section 10(2), ‘working in networks’— omit, insert — ‘employed by Services’. 9 Amendment of s 19 (Functions of networks) (1) Section 19(2)(h)— omit, insert— ‘(h) to maintain land, buildings and other assets owned by the Service;’. (2) After section 19(2)(h)— insert — ‘(ha) for a prescribed Service, to employ staff under this Act;’. 10 Amendment of s 20 (Powers of networks) (1) Section 20(2)— omit, insert — ‘(2) A Service may not own assets prescribed by regulation.’. (2) Section 20(4)— Page 12 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 11] omit, insert — ‘(4) A Service prescribed by regulation may also employ other health service employees under this Act. Note — Section 80 states that employees employed in the department and working for a Service immediately before the prescribed day for the Service become employees of the Service on the same terms, conditions and entitlements. ‘(5) A regulation under subsection (4) may also restrict, limit or impose conditions on the power to employ health service employees.’. 11 Insertion of new s 20A After section 20— insert — ‘20A Limitation on Service’s dealing with land or buildings ‘(1) A Service must not buy or sell land or buildings without the prior written approval of the Minister and the Treasurer. ‘(2) A Service must not, without the prior written approval of the Minister and the Treasurer, grant or take a lease of land or buildings unless the lease is a type prescribed by regulation.’. 12 Amendment of s 23 (Membership of governing councils) Section 23— insert — ‘(3) One or more of the members of a board must be clinicians. ‘(4) In this section— clinician means a person who— (a) is a health professional registered under the HealthPractitionerRegulationNationalLaw, other than as a student; and 2012 Act No. 9 Page 13
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 13] (b) is currently directly or indirectly providing care or treatment to persons; and (c) is in a profession that provides care or treatment to persons in public sector health services.’. 13 Insertion of new s 27A After section 27— insert — ‘27A Suspension from office of Hospital and Health Board members ‘(1) This section applies if— (a) a matter has arisen in relation to a member of a board; and (b) the matter— (i) is one which is, or may be, grounds for removing a member from office under section 28; or (ii) is alleged misconduct by the member; and (c) the Minister considers that it is necessary in the public interest for the member to be suspended from office pending further consideration of the matter. ‘(2) The Minister may suspend the member from office for a period not exceeding 60 days by notice in writing to the member. ‘(3) If the Minister considers it is necessary in the circumstances, the Minister may extend the suspension from time to time by periods not exceeding 60 days, by notice in writing to the member. ‘(4) The Minister must advise the member by notice in writing if the Minister ends the member’s suspension.’. Page 14 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 14] 14 Amendment of s 28 (Removal from office of governing council members) Section 28(e)— omit, insert — ‘(e) the Minister recommends the removal because the Minister is satisfied the member— (i) has been guilty of misconduct; or (ii) is incapable of performing the member’s duties; or (iii) has neglected the member’s duties or performed the member’s duties incompetently; or (iv) has been absent without permission of the board from 3 consecutive meetings of which due notice was given.’. 15 Replacement of pt 2, div 2, sdiv 3 Part 2, division 2, subdivision 3— omit, insert — ‘Subdivision 3 Delegation by Hospital and Health Boards ‘30 Delegation by boards ‘(1) The board for a Hospital and Health Service may delegate any of the Service’s functions under this Act or the FinancialAccountability Act 2009 — (a) to a committee of the board if all of the members of the committee are board members; or (b) to the executive committee established by the board; or (c) to the health service chief executive. ‘(2) The health service chief executive, with the written approval of the board, may sub-delegate a function mentioned in subsection (1) to an appropriately qualified— (a) employee of the Hospital and Health Service; or 2012 Act No. 9 Page 15
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 16] (b) health service employee employed in the department and working for the Service. ‘(3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. Example of standing — the person’s classification level or how senior the person is in the Hospital and Health Service’. 16 Insertion of new pt 2, div 2A After part 2, division 2— insert — ‘Division 2A Executive committees ‘32A Hospital and Health Board must establish executive committee for Hospital and Health Service ‘A board must establish, as a committee of the board, an executive committee for the Service controlled by the board. ‘32B Function of executive committee ‘(1) The function of the executive committee is to support the board in its role of controlling the Service for which it is established by— (a) working with the health service chief executive to progress strategic issues identified by the board; and (b) strengthening the relationship between the board and the health service chief executive to ensure accountability in the delivery of services by the Service. ‘(2) Without limiting subsection (1), an executive committee may, at the direction of the board— Page 16 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 16] (a) oversee the performance of the Service against the performance measures stated in the service agreement; and (b) support the board in the development of engagement strategies and protocols with primary healthcare organisations, monitor their implementation, and address issues that arise in their implementation; and (c) support the board in the development of service plans and other plans for the Service and monitor their implementation; and (d) work with the health service chief executive in responding to critical emergent issues in the Service; and (e) perform other functions given to the executive committee by the board. ‘(3) A regulation may prescribe other matters relating to an executive committee’s functions. ‘32C Membership of executive committee ‘(1) An executive committee consists of the following— (a) the chair or deputy chair of the board who is to be chair of the committee; (b) at least 2 other board members, decided by the board, at least one of whom is a clinician. ‘(2) In this section— clinician means a person who— (a) is a health professional registered under the HealthPractitionerRegulationNationalLaw, other than as a student; and (b) is currently directly or indirectly providing care or treatment to persons; and (c) is in a profession that provides care or treatment to persons in public sector health services. 2012 Act No. 9 Page 17
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 17] ‘32D Conduct of business by executive committee ‘(1) The health service chief executive of a Service is to attend all meetings of the Service’s executive committee, unless excused by the chair of the committee. ‘(2) A quorum for a meeting of an executive committee is one-half of the number of its members, or if one-half is not a whole number, the next highest whole number. ‘(3) An executive committee must keep a record of the decisions it makes when exercising a power delegated to it by the board that established the committee. ‘(4) An executive committee is to otherwise conduct its business, including its meetings, in the way the board that established the committee considers appropriate.’. 17 Replacement of pt 2, div 3 Part 2, division 3— omit, insert — ‘Division 3 Health service chief executives ‘33 Appointment of health service chief executives ‘(1) A Hospital and Health Service’s board must appoint a health service chief executive to manage the Service. ‘(2) The appointment is not effective until it is approved by the Minister. ‘(3) The person appointed as health service chief executive must also be appointed as a health executive. ‘(4) In managing the Service, the health service chief executive is subject to direction by the Service’s board. ‘34 Delegation by health service chief executive ‘(1) A health service chief executive may delegate the health service chief executive’s functions under this Act to an appropriately qualified— Page 18 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 18] (a) employee of the Hospital and Health Service; or (b) health service employee employed in the department and working for the Service. ‘(2) However, the health service chief executive must not delegate the authorisation to disclose confidential information in the public interest under section 160. ‘(3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. Example of standing — the person’s classification level or how senior the person is in the Service’. 18 Insertion of new s 39A After section 39— insert — ‘39A Chief executive to make service agreements available ‘(1) This section applies to a service agreement between the chief executive and a Service, including an amendment of the agreement. ‘(2) The chief executive must, within 28 days of entering into the service agreement or amendment— (a) give the administrator of the National Health Funding Pool a copy of the service agreement or amendment; and (b) publish the service agreement or amendment in a way that allows the agreement to be accessed by members of the public, including, for example, on the internet.’. 19 Insertion of new pt 2, div 4A After section 43— insert — 2012 Act No. 9 Page 19
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 19] ‘Division 4A Hospital and Health Ancillary Boards ‘43A Minister may establish ancillary board ‘(1) The Minister may establish a Hospital and Health Ancillary Board (an ancillary board ) to give advice to a Hospital and Health Board in relation to— (a) a public sector hospital; or (b) a public sector health facility; or (c) a public sector health service; or (d) a part of the State. ‘(2) Before establishing an ancillary board the Minister may consult with— (a) the relevant Hospital and Health Board; and (b) the community who receive health services from, or in, the public sector hospital, public sector health facility, public sector health service or part of the State for which the ancillary board may be established. ‘(3) The Minister must assign a name to the ancillary board. ‘(4) A regulation may prescribe matters relating to the establishment and operation of an ancillary board. ‘(5) Without limiting subsection (4), a regulation may provide for the following— (a) the way in which an ancillary board is to exercise its function of providing advice to a board; (b) the way consultation is to occur between— (i) an ancillary board and the board to which it is to provide advice; or (ii) an ancillary board and the Service controlled by the board; Page 20 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 20] (c) the appointment and removal of members of an ancillary board.’. 20 Replacement of pt 2, div 5, heading Part 2, division 5, heading— omit, insert — ‘Division 5 Directions to Hospital and Health Services and appointment of advisers to Hospital and Health Boards’. 21 Amendment of s 44 (Minister may give directions to network) Section 44(4) and (5)— omit, insert — ‘(4) The Minister must give a copy of a direction to the chief executive who must, as soon as practicable, publish it in a way that allows it to be accessed by members of the public, including, for example, on the internet. ‘(5) A Service must comply with a direction given by the Minister. ‘(6) A Service’s annual report under the Financial AccountabilityAct 2009 for a financial year must include a statement about— (a) each direction given by the Minister to the Service during the financial year; and (b) action taken by the Service as a result of the direction.’. 22 Insertion of new ss 44A to 44E After section 44— insert — 2012 Act No. 9 Page 21
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 22] ‘44A Minister may appoint advisers to boards ‘(1) The Minister may appoint a person to be an adviser to a board if the Minister considers that the adviser may assist the board to improve the performance of— (a) the board; or (b) the Service controlled by the board. ‘(2) An appointment under this section must be— (a) in writing; and (b) for the term not exceeding 1 year decided by the Minister; and (c) on the terms and conditions, including remuneration, decided by the Minister. ‘(3) The Minister must not appoint more than 2 persons to be advisers to a board at the same time. ‘(4) An appointment under this section is effective whether or not the board agrees to the appointment. ‘(5) An adviser may resign by notice in writing to the Minister. ‘44B Matters to which Minister may have regard in deciding whether to appoint adviser ‘In deciding whether to appoint an adviser to a board, the Minister may have regard to the performance of the board or the Service controlled by the board in relation to the following— (a) the safety and quality of the health services being provided by the Service; (b) the way in which the Service is complying with the service agreement for the Service; (c) the financial management of the Service. Page 22 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 23] ‘44C Functions of advisers The functions of an adviser are— (a) to attend board meetings; and (b) to provide information and advice to the board to assist it in performing its functions under this Act; and (c) to advise the Minister and the chief executive on any matter relating to the performance of the board or the Service controlled by the board. ‘44D Adviser not a member of board but has duty of disclosure ‘An adviser is not a member of the board, but schedule 2, section 9 applies to an adviser as if the adviser were a member of the board. ‘44E Obligations of board in relation to adviser ‘(1) While an adviser’s appointment is in force, the board must provide the adviser with all notices of board meetings, and all documents and other information provided to board members. ‘(2) The board must permit the adviser— (a) to attend all meetings of the board; and (b) to provide information and advice to the board during meetings.’. 23 Insertion of new s 44F In part 3, division 1— insert— ‘44F Chief executive subject to direction of the Minister ‘(1) The chief executive is subject to the directions of the Minister in managing the department. 2012 Act No. 9 Page 23
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 24] ‘(2) However, in making decisions about particular individuals, the chief executive— (a) must act independently, impartially and fairly; and (b) is not subject to the direction of the Minister.’. 24 Amendment of s 45 (Functions of chief executive) (1) Section 45(d)— omit . (2) Section 45(e)— omit, insert — ‘(d) to manage major capital works for proposed public sector health service facilities; (e) to employ staff in the department, including to work for Services other than prescribed Services;’. (3) Section 45(f), ‘employ staff and’— omit . 25 Amendment of s 46 (Delegation by chief executive) Section 46(5)— omit, insert — ‘(5) A health service chief executive, with the written approval of the chief executive, may sub-delegate a function delegated to the health service chief executive under subsection (1) to an appropriately qualified— (a) health executive employed by the Service; or (b) health service employee employed in the department and working for the Service.’. 26 Insertion of new pt 3A After part 3— Page 24 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] insert — ‘Part 3A Funding of public sector health system ‘Division 1 Purpose of part ‘53A Purpose ‘The main purpose of this part is to enhance the accountability and transparency of the funding of public sector hospitals, other public sector health services, and teaching, training and research related to the provision of health services. ‘Division 2 State pool account ‘53B Establishment of State pool account ‘The chief executive is to establish an account with the Reserve Bank of Australia to be called the State pool account. ‘53C Payment into State pool account ‘(1) The following must be paid into the State pool account— (a) all activity-based funding allocated from State funds for the provision of hospital services under the National Health Reform Agreement; (b) all funding received from the Commonwealth for the provision of hospital and other health services under the National Health Reform Agreement. ‘(2) The following may be paid into the State pool account— (a) exceptional payments for the provision of health services decided by the chief executive; (b) interest earned on the account. 2012 Act No. 9 Page 25
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] ‘(3) The amounts paid into the State pool account may include adjustments— (a) to reflect the difference between estimated and actual services provided; and (b) for other funding reconciliations under the National Health Reform Agreement . ‘(4) In this section— health services also includes teaching, training and research related to the provision of health services. ‘53D Payments from State pool account ‘(1) The payment of funds from the State pool account, including the timing of the payments, is to be made only by the administrator at the direction of the Minister. ‘(2) The administrator is required to authorise personally each payment made from the State pool account. ‘(3) Payments from the State pool account are to be made only to— (a) Hospital and Health Services and other providers of hospital and other health services; or (b) the State managed fund; or (c) an account in the department other than the State pool account or the State managed fund. ‘(4) A direction made by the Minister to the administrator for the payment of funds from the State pool account is to be consistent with— (a) the purpose for which the funding was paid into the account; and (b) the National Health Reform Agreement; and (c) advice provided by the administrator about the basis on which the administrator has calculated payments into the account by the Commonwealth; and Page 26 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] (d) any relevant service agreement between the chief executive and a Service. ‘(5) This section does not prevent the Minister from directing the administrator to pay funds— (a) to reflect the difference between estimated and actual services provided; or (b) for other funding reconciliations under the National Health Reform Agreement; or (c) to correct any error in payments out of the State pool account; or (d) to pay fees associated with maintaining the State pool account, including financial institution fees and audit fees; or (e) for interest earned on the State pool account, for any purpose decided by the Treasurer; or (f) to the department for the provision of support services to Services. ‘53E Payment from State pool account if no administrator or administrator not available to make the payment ‘The chief executive may pay funds from the State pool account at the direction of the Minister as if the chief executive were the administrator— (a) if there is no administrator or acting administrator appointed under this Act; or (b) the administrator is not available to make the payment. ‘Division 3 State managed fund ‘53F Establishment of State managed fund ‘The chief executive is to establish an account with a financial institution to be called the State managed fund. 2012 Act No. 9 Page 27
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] ‘53G Payment into State managed fund ‘(1) The following must be paid into the State managed fund— (a) block funding allocated by the State, or paid from the State pool account, for the provision of hospital and other health services under the National Health Reform Agreement; (b) funding for teaching, training and research related to the provision of health services allocated by the State, or paid from the State pool account, under the National Health Reform Agreement. ‘(2) Exceptional payments for the provision of health services decided by the chief executive may be paid into the State managed fund. ‘(3) The amounts paid into the State managed fund may include adjustments— (a) to reflect the difference between estimated and actual services provided; and (b) for other funding reconciliations under the National Health Reform Agreement . ‘(4) In this section— block funding means funding for public patient services that are not appropriately funded through activity-based funding but does not include top-up funding provided by the Commonwealth under the National Health Reform Agreement. ‘53H Payments from State managed fund ‘(1) Payments of funds from the State managed fund, including the timing of the payments, are to be decided by the chief executive. ‘(2) Payments from the State managed fund are to be made only to— (a) Hospital and Health Services and other providers of hospital and other health services; and Page 28 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] (b) universities and other providers of teaching, training and research related to the provision of health services. ‘(3) Payment of funds from the State managed fund is to be consistent with— (a) the purpose for which the funding was paid into the fund; and (b) the National Health Reform Agreement; and (c) any relevant service agreement between the chief executive and a Service. ‘(4) This section does not prevent the chief executive from paying amounts from the State managed fund— (a) to reflect the difference between estimated and actual services provided; or (b) for other funding reconciliations under the National Health Reform Agreement; or (c) to correct any error in payments out of the fund; or (d) to pay fees associated with maintaining the fund, including financial institution fees and audit fees; or (e) to another account in the department for the provision of support services to Services. ‘Division 4 Provisions applying to administrator for all States, Territories and the Commonwealth ‘Subdivision 1 Preliminary ‘53I Definitions for div 4 ‘(1) In this division— administrator means the administrator of the National Health Funding Pool appointed under section 53K and under the 2012 Act No. 9 Page 29
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] Page 30 corresponding provision of the laws of the Commonwealth and the other States. COAG means the Council of Australian Governments. function includes a power, authority or duty. Hospital and Health Service — (a) for Queensland, means a Hospital and Health Service established under section 17; or (b) for another State, means an organisation that is a local hospital network (however described) for the purposes of the National Health Reform Agreement. National Health Funding Pool means the combined State pool accounts for each State. National Health Reform Agreement means the National Health Reform Agreement between the Commonwealth and the States that was agreed to by COAG on 2 August 2011, as amended from time to time. responsible Minister for a jurisdiction means the relevant Minister with portfolio responsibility for the administration of the provision of this division in which the expression occurs (or of the corresponding provision of the laws of the Commonwealth and the other States). Note— see also section 53ZB Standing Council on Health means (subject to subsection (2)) the Ministerial Council by that name or, if there is no such Ministerial Council, the standing Ministerial Council established or recognised by COAG whose members include all Ministers in Australia having portfolio responsibility for health. State includes the Australian Capital Territory and the Northern Territory. State managed fund of a State means a bank account or fund established or designated by the State for the purposes of health funding under the National Health Reform Agreement 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] that is required to be undertaken in the State through a State managed fund. State pool account of a State means the bank account established by the State under section 53B or under the corresponding provisions of the law of another State. ‘(2) The Standing Council on Health, when acting under this division, is to be constituted only by a single Minister for the Commonwealth and a single Minister for each of the States, and any reference in this division to a member of that Council is to be construed as a reference to those Ministerial members only. ‘(3) If there are 2 or more Ministers for the Commonwealth or for a State who are members of the Standing Council on Health, the relevant Minister for the purposes of this division is the Minister having primary portfolio responsibility for health in his or her jurisdiction. ‘(4) A reference in this division to the agreement of, or a request by, a member of the Standing Council on Health is a reference to an agreement or request in writing. ‘(5) This division is to be interpreted in accordance with Schedule 7 to the Health Practitioner Regulation National Law set out in the Schedule to the HealthPractitionerRegulationNational Law Act 2009 . ‘(6) The Acts Interpretation Act 1954 does not apply to or in respect of this division. ‘Subdivision 2 Administrator of the National Health Funding Pool ‘53J The office of administrator ‘(1) The office of administrator of the National Health Funding Pool is established by this division. ‘(2) It is the intention of Parliament that the same individual holds the office established under subsection (1) and under the 2012 Act No. 9 Page 31
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] corresponding provision of the laws of the Commonwealth and the other States. ‘(3) The administrator appointed under this division may exercise and perform the functions of the administrator in relation to— (a) one jurisdiction; or (b) 2 or more or all jurisdictions collectively. ‘(4) A reference in a provision of this division (other than in section 53P(1)) to a function of the administrator under this division includes a reference to a function of the administrator under the corresponding provision of the laws of the Commonwealth and the other States. ‘53K Appointment of administrator ‘(1) The Minister for this jurisdiction who is a member of the Standing Council on Health is to appoint an individual to the office of the administrator of the National Health Funding Pool under this division. ‘(2) Before the appointment is made, the Chair of the Standing Council on Health is to give each member of the Council an opportunity to nominate an individual for appointment. ‘(3) An appointment is not to be made unless all the members of the Standing Council on Health have agreed on the individual who will be appointed as administrator, the date that the appointment will take effect, the period of appointment and the conditions of appointment. ‘(4) The appointment is to be made by instrument in writing. ‘(5) The administrator is to be appointed (subject to subsection (3)) for the period, not exceeding 5 years, and on the conditions specified in his or her instrument of appointment, but is eligible for re-appointment. ‘(6) The administrator is entitled to the remuneration determined in accordance with the law of the Commonwealth. Page 32 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] ‘53L Suspension of administrator ‘(1) The Chair of the Standing Council on Health is required to suspend the administrator from office if requested to do so by— (a) at least 3 members of the Council who are Ministers of a State; or (b) the member of the Council who is a Minister of the Commonwealth. ‘(2) A member of the Standing Council on Health is not to request the suspension of the administrator unless the member is satisfied that the administrator— (a) is, because of any physical or mental incapacity or otherwise, unable to perform his or her functions satisfactorily; or (b) has failed to comply with his or her obligations or duties as administrator; or (c) has been accused or convicted of an offence that carries a penalty of imprisonment; or (d) has or may become bankrupt. ‘(3) A suspension is to be effected by an instrument in writing and is to be notified by the Chair of the Standing Council on Health to all members of the Council. ‘(4) A suspension is terminated after a period of suspension of 60 days unless before the end of that period the administrator is removed or resigns from office or a majority of the members of the Standing Council on Health— (a) terminate the suspension; or (b) extend the suspension for a specified further period. ‘(5) Despite subsection (1), the Chair of the Standing Council on Health is not to suspend the administrator from office within the period of 90 days after an earlier period of suspension was terminated unless a majority of the members of the Council request the Chair to do so. 2012 Act No. 9 Page 33
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] ‘53M Removal or resignation of administrator ‘(1) The Minister for this jurisdiction who is a member of the Standing Council on Health is required to remove the administrator from office if a majority of the members of the Council agree to the administrator’s removal from office. ‘(2) The administrator is to be removed from office by an instrument in writing that takes effect on the date agreed to by the majority of the members of the Standing Council on Health. ‘(3) The administrator may resign as administrator by notice in writing to the Chair of the Standing Council on Health. ‘(4) The resignation of the administrator takes effect on the date notified by the Chair of the Standing Council on Health to all members of the Council. ‘53N Acting administrator ‘(1) The Chair of the Standing Council on Health may, from time to time, appoint an individual to act as the administrator during any period when the office is vacant or the holder of the office is suspended or absent from duty. ‘(2) Any such appointment may only be made from a panel of persons, and in accordance with the procedure, agreed to by all the members of the Standing Council on Health. ‘53O Provision of staff and facilities for administrator ‘(1) Staff and facilities to assist the administrator in exercising or performing his or her functions under this division are to be provided by the National Health Funding Body constituted under the NationalHealthReformAct2011 of the Commonwealth. ‘(2) The administrator is not entitled to delegate a function conferred on the administrator under this division to that body, to any such member of staff or to any other person or body. Page 34 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] ‘53P Functions of administrator ‘(1) The administrator is— (a) to calculate and advise the Treasurer of the Commonwealth of the amounts required to be paid by the Commonwealth into each State pool account of the National Health Funding Pool under the National Health Reform Agreement (including advice on any reconciliation of those amounts based on subsequent actual service delivery); and (b) to monitor State payments into each State pool account for the purposes of subdivision 3; and (c) to make payments from each State pool account in accordance with the directions of the State concerned; and (d) to report publicly on the payments made into and from each State pool account and other matters on which the administrator is required to report under this division; and (e) to exercise or perform any other functions conferred on the administrator under this division. Note — The National Health Reform Act 2011 (Cwlth) provides that the functions of the administrator include monitoring Commonwealth payments into each State pool account for the purposes of financial management and reporting. ‘(2) The administrator and the body and staff assisting the administrator are not subject to the control or direction of any Minister of the Commonwealth in relation to the exercise or performance of the administrator’s functions under this division. ‘(3) However, the administrator is required to comply with any directions given by COAG in relation to the manner in which the administrator exercises or performs his or her functions under this division (including in relation to the preparation or provision of annual or monthly reports, financial statements or information under subdivision 3). 2012 Act No. 9 Page 35
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] ‘(4) Directions given by COAG under subsection (3)— (a) are to be given in accordance with a written resolution of COAG passed in accordance with the procedures determined by COAG; and (b) are to be notified in writing to the administrator; and (c) are to be made publicly available by the administrator. ‘(5) To avoid doubt, this division is not intended— (a) to give the Commonwealth ownership or control of money in a State pool account; or (b) to affect the obligation of the administrator under the law of a State to make payments from the State pool account of the State in accordance with the directions of the State. ‘(6) To avoid doubt, the administrator may have regard to information obtained in the exercise or performance of functions under the law of another jurisdiction in the exercise or performance of the administrator’s functions under subdivision 3. ‘Subdivision 3 Financial management and reporting ‘53Q Financial management obligations of administrator ‘The administrator must— (a) develop and apply appropriate financial management policies and procedures with respect to the State pool accounts (including policies and procedures to ensure payments from those accounts are made in accordance with the directions of the responsible Ministers); and (b) keep proper records in relation to the administration of the State pool accounts, including records of all payments made into and from those accounts and the basis on which the payments were made; and Page 36 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] (c) prepare the financial statements required by this subdivision in relation to the State pool accounts and arrange for the audit of those financial statements in accordance with this subdivision. ‘53R Monthly reports by administrator ‘(1) The administrator must provide monthly reports to the Commonwealth and each State containing the following information for the relevant month— (a) the amounts paid into each State pool account and State managed fund by the relevant State and the basis on which the payments were made; (b) the amounts paid into each State pool account by the Commonwealth and the basis on which the payments were made; (c) the amounts paid from each State pool account to Hospital and Health Services, a State managed fund or other organisations or funds and the basis on which the payments were made; (d) the amounts paid from each State managed fund to Hospital and Health Services or other organisations or funds and the basis on which the payments were made; (e) the number of public hospital services funded for each Hospital and Health Service (including a running financial year total) in accordance with the system of activity-based funding; (f) the number of other public hospital services and functions funded from each State pool account or State managed fund (including a running financial year total). ‘(2) A monthly report required to be provided to a jurisdiction under this section is to be provided to the responsible Minister for that jurisdiction or to a body or officer notified to the administrator by that Minister. ‘(3) The administrator is to make reports provided under this section publicly available. 2012 Act No. 9 Page 37
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] ‘53S Annual report by administrator ‘(1) The administrator must, within 4 months after the end of each financial year, provide to the responsible Ministers an annual report on the exercise or performance of his or her functions under this division during the financial year. ‘(2) The annual report must include the following information for the relevant financial year— (a) the amounts paid into each State pool account and State managed fund by the relevant State and the basis on which the payments were made; (b) the amounts paid into each State pool account by the Commonwealth and the basis on which the payments were made; (c) the amounts paid from each State pool account to Hospital and Health Services, a State managed fund or other organisations or funds and the basis on which the payments were made; (d) the amounts paid from each State managed fund to Hospital and Health Services or other organisations or funds and the basis on which the payments were made; (e) the number of public hospital services funded for each Hospital and Health Service in accordance with the system of activity-based funding; (f) the number of other public hospital services and functions funded from each State pool account or State managed fund. ‘(3) The annual report is to be accompanied by— (a) an audited financial statement for each State pool account; and (b) a financial statement that combines the audited financial statements for each State pool account. ‘(4) A responsible Minister must, as soon as practicable after receiving an annual report under this section, cause a copy of Page 38 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] the report to be tabled in the Parliament of the responsible Minister’s jurisdiction. ‘53T Administrator to prepare financial statements for State pool accounts ‘The administrator must, after each financial year, prepare— (a) a financial statement for each State pool account that details financial transactions during that financial year; and (b) a combined financial statement that consists of the financial statements for each State pool account for the financial year. ‘53U Audit of financial statements ‘(1) The auditor-general must, for each financial year— (a) audit the financial statements under this subdivision for the State pool account established under section 53B; and (b) prepare an auditor’s report about the financial statements. ‘(2) As soon as practicable after the auditor-general has audited the financial statements and prepared an auditor’s report, the auditor-general must— (a) give the certified statements and the auditor’s report to the chief executive; and (b) give a copy of the certified statements and the auditor’s report to the administrator, the Minister and the Treasurer. ‘(3) The Auditor-General Act 2009 applies to an audit under this section as if it were conducted under that Act. ‘(4) Without limiting subsection (3)— (a) the auditor-general has the same powers the auditor-general has in relation to an audit of the 2012 Act No. 9 Page 39
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] consolidated fund or an entity under the Auditor-General Act 2009 ; and (b) the Auditor-GeneralAct2009 , section 53 applies to a record made, or information divulged or communicated, in relation to an audit under this section as if it were a record made, or information divulged or communicated, under that Act . ‘53V Performance audits ‘(1) This section applies to all or any particular activities of the administrator that relate to Queensland. ‘(2) The auditor-general may conduct a performance audit, under the Auditor-GeneralAct2009 , section 37A, of all or any of the particular activities of the administrator as if the administrator were a public sector entity under that Act. ‘(3) Before the auditor-general of this jurisdiction conducts a performance audit, the auditor-general must notify the Auditors-General of all other jurisdictions of his or her intention to conduct the proposed audit. ‘(4) Auditors-General who are conducting performance audits at the same time are to make arrangements to coordinate the conduct of those audits in relation to any requirements imposed on the administrator. ‘53W States to provide administrator with information about State managed funds ‘The responsible Minister for a State is to provide information to the administrator about any of the following matters relating to the State managed fund of the State that the administrator requires for the preparation of reports and financial statements under this subdivision— (a) the amounts paid by the State into the State managed fund and the basis on which the payments were made; (b) the amounts paid by the State from the State managed fund to Hospital and Health Services or other Page 40 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] organisations or funds and the basis on which the payments were made; (c) public hospital services and functions that are funded from the State managed fund. ‘53X Provision of information generally ‘(1) The administrator is required to provide to the responsible Minister for a jurisdiction any information requested by that responsible Minister that relates to that jurisdiction. ‘(2) The information is to be provided by the time requested by that responsible Minister. ‘(3) The administrator is required to provide to the responsible Ministers of all jurisdictions a copy of advice provided by the administrator to the Treasurer of the Commonwealth about the basis on which the administrator has calculated the payments to be made into State pool accounts by the Commonwealth. ‘(4) The administrator may at any time provide any information that relates to a jurisdiction to the responsible Minister for that jurisdiction. ‘(5) Any information relating to a jurisdiction that is provided by the administrator to another jurisdiction may only be publicly released by that other jurisdiction in accordance with arrangements approved by the responsible Minister for the jurisdiction to which the information relates. ‘Subdivision 4 Miscellaneous ‘53Y Application of Acts to administrator ‘(1) The administrator is a unit of public administration under the Crime and Misconduct Act 2001 . ‘(2) The following Acts do not apply to the administrator in performing a function under this Act— 2012 Act No. 9 Page 41
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 26] (a) the Information Privacy Act 2009 ; (b) the Ombudsman Act 2001 ; (c) the Right to Information Act 2009 ; (d) the Public Records Act 2002 . ‘(3) To remove doubt, it is declared that the administrator is not a statutory body for— (a) the Statutory Bodies Financial Arrangements Act 1982 ; or (b) the Financial Accountability Act 2009 ‘53Z Application of Commonwealth Acts (1) The following Acts apply (subject to subsection (2)) as laws of this jurisdiction to or in respect of the administrator and any function exercised or performed by the administrator— (a) the Archives Act 1983 of the Commonwealth; (b) the AustralianInformationCommissionerAct2010 of the Commonwealth; (c) the FreedomofInformationAct1982 of the Commonwealth; (d) the Ombudsman Act 1976 of the Commonwealth; (e) the Privacy Act 1988 of the Commonwealth. (2) Each of those Acts so applies subject to the modifications made by Regulations made under the National Health ReformAct 2011 of the Commonwealth with the agreement of all the members of the Standing Council on Health. ‘53ZA Extra territorial operation of Act ‘It is the intention of Parliament that the operation of this division is to include, as far as possible, operation in relation to the following— Page 42 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 27] (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this division, be governed or otherwise affected by the law of another jurisdiction. ‘53ZB Transitional and validation provisions ‘(1) If, on the commencement of this division, corresponding provisions to this division have not been enacted by another jurisdiction, the responsible Minister for that jurisdiction for the purposes of this division is the Minister of that jurisdiction with portfolio responsibility for health. ‘(2) Any thing done by a Minister of the Commonwealth or of a State before the commencement of this division that would have been validly done if this division, and the corresponding provisions of other jurisdictions, had been in force at the time is taken to have been validly done.’. 27 Amendment of s 54 (Chief executive may provide data to Commonwealth) Section 54(3)— omit, insert — ‘(3) In this section— relevant data means— (a) data the State and Commonwealth have agreed is to be provided to— (i) the Commonwealth; or (ii) an entity established under an Act of the Commonwealth; or 2012 Act No. 9 Page 43
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 28] (b) data the State and an entity established under an Act of the Commonwealth have agreed is to be provided to the entity.’. 28 Amendment of s 60 (Power of health service auditors) Section 60(2) to (4)— omit, insert — ‘(2) A health service auditor may, in the exercise of the auditor’s functions, ask an employee of the department or a Service to give to the auditor a document, including a document containing confidential information, that— (a) is relevant to the auditor’s functions; and (b) is in the possession or control of the employee. ‘(3) The employee must comply with the request. ‘(4) If requested by the employee, the health service auditor must produce the auditor’s instrument of appointment to the employee.’. 29 Amendment of s 67 (Appointment of health service employees) (1) Section 67(3) and (4)— renumber as section 67(4) and (5). (2) Section 67(1) and (2)— omit, insert — ‘(1) The chief executive may appoint a person as a health service employee in the department, including as an employee of the department working for a Service that is not a prescribed Service. ‘(2) A Service may appoint a person as a health executive in the Service. ‘(3) A prescribed Service may appoint a person as any health service employee in the Service.’. Page 44 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 30] 30 Amendment of s 68 (Contracted health service employees other than health executives) Section 68(2)— omit, insert — ‘(2) A person appointed on a contract for a fixed term must enter into a written contract of employment— (a) for an employee of the department—with the chief executive; or (b) for an employee of a prescribed Service—with the health service chief executive.’. 31 ‘69A Insertion of new s 69A Part 5, division 1, after section 69— insert — Modification of Industrial Relations Act 1999 for health service employees ‘The Industrial Relations Act 1999 , schedule 4A states the way that Act is modified for Hospital and Health Services prescribed under the HospitalandHealthBoardsAct2011 , section 20(4) and their employees.’. 32 Amendment of s 74 (Basis of employment for health executives) (1) Section 74(1)— omit, insert — ‘(1) Each person appointed as a health executive must enter into a written contract of employment with the following — (a) for a health executive employed by a Service (other than the health service chief executive)—the health service chief executive; (b) for a health executive in the department—the chief executive; 2012 Act No. 9 Page 45
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 33] (c) for a health service chief executive—the chair of the board for the Service.’. (2) Section 74(4) and (5)— omit, insert — ‘(4) A health executive’s appointment and contract of employment may be terminated by written notice given to the health executive at least 1 month before it is to take effect by— (a) for a health executive employed by a Service (other than the health service chief executive)—the health service chief executive; (b) for a health executive in the department—the chief executive; (c) for a health service chief executive—the chair of the board for the Service. ‘(5) For subsection (4), the termination of the appointment and contract of employment of a health service chief executive is not effective until it is approved by the Minister.’. 33 Amendment of s 78 (Transfer of health service employees or network health executives) (1) Section 78, heading ‘or network health executives’— omit . (2) Section 78(1), ‘network health executive or other’— omit . (3) Section 78(1), (2) and (3), ‘executive or’— omit . (4) Section 78(2) and (3), ‘executive’s or’— omit . (5) Section 78(4), ‘network’— omit. Page 46 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 34] 34 Insertion of pt 5, div 4 After part 5, division 3— insert — ‘Division 4 Matters relating to employment of health service employees by Services ‘80 Departmental health service employees to be employed by Services ‘(1) This section applies to a person employed in the department who is working for a Service immediately before the prescribed day for that Service. ‘(2) From the prescribed day, the person is taken to be employed by the Service on the same terms, conditions and entitlements as those applying to the person’s employment in the department immediately before the prescribed day. ‘(3) Also, the following apply for the person— (a) the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as a health service employee in the department; (b) the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave are not affected; (c) continuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; (d) the employment does not constitute a termination of employment or a retrenchment or redundancy; (e) the person is not entitled to a payment or other benefit because he or she is no longer employed in the department. 2012 Act No. 9 Page 47
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 34] ‘(4) Subject to this section, the chief executive may issue a direction to a person to facilitate the transition of employees from the department to a Service. ‘(5) A person given a direction must comply with the direction. ‘(6) If a person employed under subsection (2) was employed in the department under a contract, the person is taken to be employed by the Service under the contract under which the person was employed before the prescribed day. ‘80A Appointment to perform functions or do other things not affected by becoming employees of prescribed Service ‘(1) Subsection (2) applies if— (a) a person is employed in the department and is working for a Service before the person becomes an employee of the Service under section 80; and (b) before the person becomes an employee of the Service the person is appointed to perform a function or to do anything under this Act; and (c) the function or thing has not been completed immediately before the prescribed day. ‘(2) The person’s appointment mentioned in subsection (1)(b) is not affected and the function or thing may be completed after the prescribed day. Example— A person’s appointment as a clinical reviewer or as a member of an RCA team is not affected by the person becoming an employee of a Service and the person may complete the matter for which he or she was appointed. ‘80B Matters and proceedings not affected by persons becoming employees of prescribed Service ‘(1) Subsection (2) applies if— Page 48 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 35] (a) a person is employed in the department and is working for a Service before the person becomes an employee of the Service under section 80; and (b) before the person becomes an employee of the Service a proceeding is taken by or against the person or anything else is done in relation to the person as an employee of the department; and (c) the proceeding or other thing has not been completed immediately before the prescribed day. ‘(2) The proceeding may be continued and completed after the prescribed day by or against the Service instead of the department. ‘(3) For anything other than a proceeding, the thing may be continued unaffected by the person becoming an employee of the Service. Examples for subsection (3) — A recruitment and selection process involving a person employed in the department and working for a Service started before the prescribed day may continue after the prescribed day. The approval of the annual leave for a person employed in the department and working for a Service before the prescribed day is effective after the prescribed day.’. 35 Amendment of s 87 (Protection for documents and information) Section 87(3)— omit, insert — ‘(3) A person must not, and can not be compelled to, produce the document or information, or give evidence relating to the document or information— (a) in any proceeding, other than a proceeding for an offence under this division; or (b) in compliance with a requirement under an Act or legal process.’. 2012 Act No. 9 Page 49
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 36] 36 Amendment of s 119 (Protection for documents and information) Section 119(3)— omit, insert — ‘(3) A person must not, and can not be compelled to, produce the document or information, or give evidence relating to the document or information— (a) in any proceeding, other than a proceeding for an offence under this division; or (b) in compliance with a requirement under an Act or legal process.’. 37 Amendment of s 129 (Powers of clinical reviewers) Section 129(2) to (4)— omit, insert — ‘(2) A clinical reviewer may, in the exercise of the reviewer’s functions, ask an employee of the department or a Service to give to the reviewer a document, including a document containing confidential information, that— (a) is relevant to the reviewer’s functions; and (b) is in the possession or control of the employee. ‘(3) The employee must comply with the request. ‘(4) If requested by the employee, the clinical reviewer must produce the reviewer’s instrument of appointment to the employee.’. 38 Amendment of s 138 (Protection for documents and information) (1) Section 138, heading, ‘documents and information’— omit, insert — ‘reports’. Page 50 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 39] (2) Section 138(3)— omit, insert — ‘(3) A person must not, and can not be compelled to, produce the report, or give evidence relating to the report— (a) in any proceeding, other than a proceeding for an offence under this division; or (b) in compliance with a requirement under an Act or legal process.’. 39 Amendment of s 143 (Disclosure required or permitted by law) (1) Section 143(1), ‘another Act’— ‘an Act’. (2) Section 143(2)— insert — ‘(d) information provided to the administrator under part 3A, division 4.’. 40 Amendment of s 194 (Powers of health service investigators) Section 194(2) to (4)— omit, insert — ‘(2) A health service investigator may, in the exercise of the investigator’s functions, ask an employee of the department or a Service to give to the investigator a document, including a document containing confidential information, that— (a) is relevant to the investigator’s functions; and (b) is in the possession or control of the employee. ‘(3) The employee must comply with the request. 2012 Act No. 9 Page 51
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 47] ‘a quality assurance committee established under the Hospitaland Health Boards Act 2011 , section 82’. Tobacco and Other Smoking Products Act 1998 1 Schedule, definition health service employee — omit, insert — ‘ health service employee see the Hospital and Health BoardsAct 2011 , schedule 2.’. Transplantation and Anatomy Act 1979 1 Section 4(1), definition chief health officer — omit, insert — ‘ chief health officer see the Hospital and Health Boards Act2011 , schedule 2.’. 2 Section 4(1), definition hospital , paragraph (a)— omit, insert — ‘(a) any public sector hospital under the Hospital and HealthBoards Act 2011 ; or’. 3 Section 23A(4), ‘ Health Services Act 1991 , section 62A(1)’— omit, insert— ‘ Hospital and Health Boards Act 2011 , section 142(1)’. Page 90 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 47] 4 Section 23A(5), definitions designated person and health professional — omit, insert— ‘ designated person see the HospitalandHealthBoardsAct2011 , schedule 2. health professional see the Hospital and Health Boards Act2011 , schedule 2.’. Victims of Crime Assistance Act 2009 1 Section 74(4), definition designated person — omit, insert— ‘ designated person see the HospitalandHealthBoardsAct2011 , schedule 2.’. Water Fluoridation Act 2008 1 Schedule, definitions chief dental officer , chief health officer and health service employee — omit. 2 Schedule— insert— ‘ chief dental officer means the health executive appointed as the chief dental officer. chief health officer see the Hospital and Health Boards Act2011 , schedule 2. 2012 Act No. 9 Page 91
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 48] health executive see the HospitalandHealthBoardsAct2011 , schedule 2. health service employee see the Hospital and Health BoardsAct 2011 , schedule 2.’. Workers’ Compensation and Rehabilitation Act 2003 1 Section 152(3), definition contract worker , paragraph (e)— omit, insert— ‘(e) as a health service employee under the HospitalandHealth Boards Act 2011 .’. 2 Section 215, definition contracted hospital , paragraph (a)— omit, insert— ‘(a) a public sector hospital under the Hospital and HealthBoards Act 2011 ; or’. 3 Section 218(2), ‘ Health Services Act 1991 ’— omit, insert— ‘ Hospital and Health Boards Act 2011 ’.’. 48 Amendment of sch 3 (Dictionary) (1) Schedule 3, dictionary, definitions governing council , network , network area , network chief executive , network employee , network health executive— omit. (2) Schedule 3, dictionary— Page 92 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 48] insert — ‘ administrator — (a) for sections 276 and 277, means the administrator appointed under section 276; or (b) otherwise, means the administrator appointed under section 53K. ancillary board means a Hospital and Health Ancillary Board. board means a Hospital and Health Board. building includes the building services’ plant and equipment for the building. Examples — air conditioning, electrical light and power, water and waste services, data and communication, and lifts COAG , for part 3A, division 4, has the meaning given in section 53I. executive committee means an executive committee established under section 32A. health service area means a health service area declared under section 17. health service chief executive means a health service chief executive appointed for a Service under section 33. Hospital and Health Board , for a Service, means the board appointed for the Service under section 23. Hospital and Health Service — (a) for part 3A, division 4, has the meaning given in section 53I; and (b) otherwise, means a Hospital and Health Service established under section 17. misconduct , for a member of a board, means— (a) inappropriate or improper conduct in performing the member’s duties; or 2012 Act No. 9 Page 93
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 2 Amendment of Health and Hospitals Network Act 2011 [s 48] (b) inappropriate or improper conduct in a private capacity that reflects seriously or adversely on the board. National Health Funding Pool has the meaning given in section 53I. National Health Reform Agreement has the meaning given in section 53I. prescribed Service means a Service prescribed under section 20(4). prescribed day , for a Service, means the day the Service is prescribed under section 20(4). responsible Minister , for part 3A, division 4, has the meaning given in section 53I. Service means a Hospital and Health Service. Standing Council on Health , for part 3A, division 4, has the meaning given in section 53I. State , for part 3A, division 4, has the meaning given in section 53I. State managed fund has the meaning given in section 53I. State pool account has the meaning given in section 53I. working for a Service , for a person employed in the department, means— (a) working in and for a Service under an agreement between the chief executive and the Service for the chief executive to provide departmental employees to perform work for the Service; and (b) reporting directly or indirectly to the health service chief executive. Example of a person who does not work for a Service — a person employed in the department who provides pathology services to a hospital and health service and does not report directly or indirectly to a health service chief executive’. Page 94 2012 Act No. 9
Part 3 Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 49] Amendment of Industrial Relations Act 1999 49 Act amended This part amends the Industrial Relations Act 1999 . 50 Insertion of new ch 16A After chapter 16— insert — ‘Chapter 16A Application of this Act to prescribed Hospital and Health Services and their employees ‘693 How this Act applies to prescribed Services and their employees ‘(1) The Hospital and Health Boards Act 2011 provides for the establishment of Hospital and Health Services. ‘(2) The Hospital and Health Boards Act 2011 further provides for a Hospital and Health Service to become a prescribed Service. ‘(3) schedule 4A states the way this Act is modified for the prescribed Services and their employees.’. 51 Insertion of new sch 4A Before schedule 5— insert — 2012 Act No. 9 Page 95
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] ‘Schedule 4A Application of this Act to prescribed Hospital and Health Services and their employees section 693 ‘Part 1 General ‘1 Definitions for sch 4A ‘In this schedule— chief executive means the chief executive administering the Hospital and Health Boards Act 2011 . health service employee see the Hospital and Health BoardsAct 2011 , schedule 2. health system employer means— (a) the department in which the Hospital and Health BoardsAct 2011 is administered; or (b) a prescribed Service. prescribed Service see the HospitalandHealthBoardsAct2011 , schedule 2. Service see the HospitalandHealthBoardsAct2011 , schedule 2. ‘Part 2 Modification of chapter 3 — Dismissals ‘2 How s 77 (Matters to be considered in deciding an application) applies ‘(1) This section applies if the dismissal of a health service employee by a health system employer related to the Page 96 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] employee’s conduct, capacity or performance at another health system employer. ‘(2) For section 77, the commission may decide that a dismissal was not harsh, unjust or unreasonable even though the dismissal related to the employee’s conduct, capacity or performance at another health system employer. ‘Part 3 Modification of chapter 5 — Awards ‘3 Chief executive to be employer for award but award binds prescribed Services and employees ‘(1) This section applies to awards applying to health service employees employed by a prescribed Service. ‘(2) The chief executive is to be a party to the award instead of the prescribed Service as if the chief executive were the employer of the health service employees. ‘(3) Despite the chief executive being a party to the award, the award is binding on prescribed Services and their employees. ‘4 Proceedings in relation to awards ‘(1) This section applies to a proceeding under chapter 5 in relation to an award for health service employees employed by a prescribed Service. ‘(2) The chief executive is to be a party to the proceeding instead of the prescribed Service as if the chief executive were the employer of the health service employees. ‘5 How s 125 (Making, amending and repealing awards) applies ‘For section 125, for health service employees employed by a prescribed Service, the chief executive is taken to be the 2012 Act No. 9 Page 97
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] employer instead of the prescribed Service and may make an application under that section. ‘6 How s 129 (Flow-on of certified agreements) applies ‘Despite section 129(3), if the chief executive is a party to a certified agreement for health service employees, the provisions that are included in an award must also apply to the prescribed Services. ‘Part 4 Modification of chapter 6 — Certified agreements ‘7 Chief executive to be party to certified agreement ‘(1) This section applies to a certified agreement applying to health service employees employed by a prescribed Service. ‘(2) The chief executive is to be a party to the certified agreement instead of the prescribed Service as if the chief executive were the employer of the health service employees. ‘8 Proceedings in relation to agreements ‘(1) This section applies to a proceeding under chapter 6 in relation to an agreement for health service employees employed by a prescribed Service. ‘(2) The chief executive is to be a party to the proceeding instead of the prescribed Service as if the chief executive were the employer of the health service employees. ‘9 How s 142 (Who may make certified agreements) applies ‘For section 142, for health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service and may make a certified agreement under that section. Page 98 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] ‘10 How s 143 (Proposed parties to be advised when agreement is proposed) applies ‘For section 143, for health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service and can propose to make a certified agreement as an employer under that section. ‘11 How s 144 (What is to be done when an agreement is proposed) applies ‘For section 144(2)(c) and (3), for health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service for negotiating with an employee organisation. ‘12 How s 147 (Peace obligation period to assist negotiations) applies ‘(1) This section applies to a proposed agreement between the chief executive and the health service employees employed by a prescribed Service or an employee organisation representing the employees. ‘(2) For section 147, the prescribed Service has the same obligations as the proposed parties during the peace obligation period. ‘12A How s 147A (Employer may ask employees to approve proposed agreement being negotiated with employee organisation) applies ‘(1) For requesting employees to approve a proposed agreement and doing other things under section 147A, the chief executive is taken to be the employer instead of the prescribed Service for health service employees employed by the Service. ‘(2) However, the chief executive is not taken to be the employer instead of the prescribed Service for section 147A(4). 2012 Act No. 9 Page 99
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] ‘13 How s 148 (Assistance in negotiating by conciliation) applies ‘(1) For section 148(1)(b), a prescribed Service is also taken to be a negotiating party. ‘(2) For section 148(5), a prescribed Service is also taken to be a party. ‘14 How s 150 (Determinations made under s 149) applies ‘For section 150(4) and (5), for health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service in relation to the revocation of a determination. ‘15 How s 152 (Certificate as to requested representation) applies ‘For section 152(2), for health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service for an application to the registrar about not negotiating about a proposed agreement. ‘16 How s 166 (Persons bound) applies ‘(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees. ‘(2) For section 166, the certified agreement binds the prescribed Services. ‘17 How s 167 (Successor employers bound) applies ‘Section 167(2)(b) and (c) apply subject to the modifications contained in this schedule. Page 100 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] ‘18 How s 168 (Extending a certified agreement) applies ‘(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees. ‘(2) For section 168, the chief executive is taken to be the employer instead of the prescribed Services and may apply to the commission to extend the certified agreement’s nominal expiry date. ‘19 How s 169 (Amending a certified agreement) applies ‘(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees. ‘(2) For section 169(2), the chief executive is taken to be the employer instead of the prescribed Services and may apply to the commission to amend the certified agreement. ‘(3) For section 169(6), an application to amend a certified agreement may be made by the chief executive instead of a prescribed Service. ‘20 How s 170 (Amendment if discrimination between unionists and non-unionists) applies ‘(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees. ‘(2) For section 170, the chief executive is taken to be the employer instead of the prescribed Services for seeking the commission’s approval to amend the agreement. 2012 Act No. 9 Page 101
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] ‘21 How s 172 (Terminating certified agreement on or before its nominal expiry date) applies ‘(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees. ‘(2) For section 172, the chief executive is taken to be the employer instead of the prescribed Services for terminating the agreement by notice. ‘22 How s 173 (Terminating agreement after its nominal expiry date) applies ‘(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees. ‘(2) For section 173, the chief executive is taken to be the employer instead of the prescribed Services for applying to the commission to terminate the agreement. ‘22A How s 175 (Requirements for industrial action in response to industrial action by another party) applies ‘For section 175, the prescribed Service for the proposed agreement is taken to be the negotiating party, instead of the chief executive, for the purpose of taking industrial action in response to industrial action by another negotiating party. ‘22B How s 181D (Minister may give directions to reduce or remove threat, damage or danger) applies ‘For section 181D(1)(c), the chief executive and a prescribed Service for a proposed agreement are each taken to be the employer who is a party to the proposed agreement and the Minister may give either or both of them written directions to take, or not take, stated action. Page 102 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] ‘23 How s 185 (Coercion of persons to make, amend or terminate certified agreements etc.) applies ‘For section 185(3), the obligation not to coerce, or attempt to coerce, an employee also applies to the chief executive for health service employees of the prescribed Services. ‘Part 5 Modification of chapter 7 — Industrial disputes ‘24 When chief executive taken to be party to industrial dispute ‘(1) This section applies if section 229(1) applies in relation to a dispute involving a prescribed Service as an employer. ‘(2) The prescribed Service must give the chief executive notice of the dispute— (a) at the same time as the registrar is first given notice of the dispute under section 229(2); and (b) in a way mentioned in section 229(3). ‘(3) The chief executive is taken to be a party for proceedings for the dispute instead of the prescribed Service unless the chief executive gives written notice to the prescribed Service that the prescribed Service is to be a party to the dispute. ‘(4) In deciding whether to give a written notice under subsection (3), the chief executive is to have regard to whether the subject of the dispute may affect the terms and conditions of employment of health service employees in more than one health system employer. ‘(5) If the prescribed Service is to be a party to the dispute, the prescribed Service must give the commission a copy of the chief executive’s written notice under subsection (3) as soon as practicable after receiving the notice. 2012 Act No. 9 Page 103
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] ‘25 When chief executive may intervene in industrial dispute ‘(1) This section applies if— (a) the chief executive has given written notice under section 24(3) of this schedule to a prescribed Service that the prescribed Service is to be a party to the dispute; and (b) during the proceedings the chief executive considers that the subject of the dispute may affect the terms and conditions of employment of health service employees in more than one health system employer. ‘(2) The chief executive may intervene in the proceedings. ‘(3) On intervention, the chief executive becomes a party to the proceedings. ‘26 How s 235 (Secret ballot on strike action) applies ‘For section 235, for health service employees employed by a prescribed Service, the chief executive— (a) is taken to be the employer instead of the prescribed Service; and (b) may make application under section 235(2) for the commission to act under section 235(4) in relation to conducting a secret ballot. ‘27 How s 239 (Orders the commission may make) applies ‘For section 239, for health service employees employed by a prescribed Service, the chief executive— (a) is taken to be the employer instead of the prescribed Service; and (b) may make application under section 239(2) for a contravention of section 238(2) or (3) about payment for strikes. Page 104 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] ‘Part 6 Modification of other provisions ‘28 Who makes application to commission as employer ‘(1) This section applies to a provision of this Act (other than chapter 5, 6 or 7) under which an application may be made to the commission by an employer about a matter. ‘(2) If the application relates to health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service and may make the application for the matter. ‘(3) However, the chief executive may give a written notice to the prescribed Service that the prescribed Service may make the application as the employer. ‘(4) In deciding whether to give a written notice under subsection (3), the chief executive is to have regard to whether the subject of the application may affect the terms and conditions of employment of health service employees in more than one health system employer. ‘(5) If the prescribed Service makes the application, the prescribed Service must give the commission a copy of the chief executive’s written notice under subsection (3) when making the application. ‘29 Who is party to proceedings as employer before commission ‘(1) This section applies to a proceeding in the commission for a matter (other than a proceeding under chapter 5, 6 or 7) if the proceeding relates to health service employees employed by a prescribed Service. ‘(2) The chief executive is taken to be the employer for the proceeding instead of the prescribed Service unless— (a) the chief executive has given written notice under section 28(3) of this schedule that a prescribed Service 2012 Act No. 9 Page 105
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] may make application for a matter the subject of the proceeding; or (b) if paragraph (a) does not apply, the chief executive gives written notice to the prescribed Service that the prescribed Service is the employer for the proceeding. ‘(3) In deciding whether to give a written notice under subsection (2)(b), the chief executive is to have regard to whether the matter may affect the terms and conditions of employment of health service employees in more than one health system employer. ‘(4) The prescribed Service must give the commission a copy of the chief executive’s written notice under subsection (2)(b) as soon as practicable after receiving the notice. ‘30 Commission’s orders may bind prescribed Services even if chief executive is taken to be employer or party for proceeding ‘(1) This section applies to a proceeding before the commission if the chief executive is a party to the proceeding because the chief executive is taken to be the employer of health service employees instead of a prescribed Service. ‘(2) The commission may make orders, give directions or do anything else it may do under this Act in relation to the prescribed Service as if the prescribed Service was a party to the proceeding. ‘(3) Subsection (2) does not limit the orders, directions or other action the commission may take in relation to the chief executive. ‘31 How s 265 (Commission’s jurisdiction) applies ‘(1) For section 265(2), for health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service and may make an application to regulate a calling by an award. Page 106 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 51] ‘(2) For section 265(5), for health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service and may make an application to consolidate an award. ‘32 How sch 4, s 5 (Notice of application) applies ‘For schedule 4, section 5, the chief executive and the prescribed Service for the employees are each taken to be the employer for the purpose of the applicant giving the employer a copy of the application for a protected action ballot order. ‘33 How sch 4, s 7 (Dealing with multiple actions together) applies ‘For schedule 4, section 7, the commission may treat the following as being employees of the same employer for dealing with 2 or more applications for a protected action ballot order at the same time— (a) employees of 2 or more prescribed Services; (b) employees of 1 or more prescribed Services and the department. ‘34 How sch 4, s 8 (Making of protected action ballot order by commission) applies ‘For schedule 4, section 8, the chief executive is taken to be the employer instead of a prescribed Service for the purpose of the commission being satisfied that each applicant has been, and is, genuinely trying to reach agreement with the employer of the employees who are to be balloted. ‘35 How sch 4, s 9 (Notice of protected action ballot order) applies ‘For schedule 4, section 9, the chief executive and the prescribed Service for the employees who are to be balloted are each taken to be the employer for the purpose of the 2012 Act No. 9 Page 107
Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 3 Amendment of Industrial Relations Act 1999 [s 52] commission giving the employer of the employees a copy of a protected action ballot order. ‘36 How sch 4, s 10 (Protected action ballot order may require 2 or more ballots to be held together) applies ‘For schedule 4, section 10, the commission may treat the following as being employees of the same employer for requiring protected action ballots to be held at the same time— (a) employees of 2 or more prescribed Services; (b) employees of 1 or more prescribed Services and the department. ‘37 How sch 4, s 22 (Results of protected action ballot) applies ‘For schedule 4, section 22, the chief executive and the prescribed Service for the employees who were balloted are each taken to be the employer for the purpose of the ECQ informing the employer of the employees of the results of the ballot.’. 52 Amendment of sch 5 (Dictionary) Schedule 5, dictionary— insert — ‘ chief executive , for schedule 4A, see schedule 4A, part 1, section 1. health service employee , for schedule 4A, see schedule 4A, part 1, section 1. health system employer , for schedule 4A, see schedule 4A, part 1, section 1. prescribed Service , for schedule 4A, see schedule 4A, part 1, section 1. Service , for schedule 4A, see schedule 4A, part 1, section 1.’. Page 108 2012 Act No. 9
Part 4 Health and Hospitals Network and Other Legislation Amendment Act 2012 Part 4 Amendment of Private Health Facilities Act 1999 [s 53] Amendment of Private Health Facilities Act 1999 53 Insertion of new s 147B After section 147A— insert — ‘147B Disclosure for funding arrangements ‘(1) Section 147 does not apply to the disclosure of information to the Commonwealth or an entity of the Commonwealth if the disclosure is to give effect to a funding arrangement between the State and the Commonwealth for public sector health services and other health services. ‘(2) In this section— funding arrangement see HospitalandHealthBoardsAct2011 , schedule 2. public sector health service see Hospital and Health BoardsAct 2011 , schedule 2.’. Part 5 Minor and consequential amendments 54 Acts amended The schedule amends the Acts it mentions. 2012 Act No. 9 Page 109
Health and Hospitals Network and Other Legislation Amendment Act 2012 Schedule Schedule Acts amended section 54 Forensic Disability Act 2011 1 Section 123(1)(a), ‘ Health Services Act 1991 ’— omit, insert — ‘ Hospital and Health Boards Act 2011 ’. Health and Hospitals Network Act 2011 1 Section 8(1), ‘networks’— omit, insert — ‘Hospital and Health Services’. 2 Section 9(1), ‘Networks’— omit, insert — ‘Hospital and Health Services’. 3 Part 2, heading, ‘Local Health and Hospital Networks’— omit, insert — ‘ Hospital and Health Services ’. 4 Section 17(a) and (b), ‘Local Health and Hospital Network’— omit, insert — ‘Hospital and Health Service’. Page 110 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Schedule 5 Part 2, division 2, heading, ‘Governing councils’— omit, insert — ‘ Hospital and Health Boards ’. 6 Part 2, division 2, subdivision 1, heading, ‘governing councils’— omit, insert — ‘ Hospital and Health Boards ’. 7 Section 22, ‘governing council’— omit, insert — ‘Hospital and Health Board’. 7A Section 44D, ‘schedule 2’— omit, insert — ‘schedule 1’. 8 Section 53(b), ‘chief executive;’— omit, insert — ‘chief executive; and’. 9 Section 55(2), definition health service audit , paragraph (b), ‘network or service’— omit, insert — ‘Service or specialised health service’. 10 Section 80— omit . 2012 Act No. 9 Page 111
Health and Hospitals Network and Other Legislation Amendment Act 2012 Schedule 11 Section 84(2), ‘someone else,’— omit, insert — ‘someone else’. 12 Section 87(4), ‘proceeding,’— omit, insert — ‘proceeding’. 13 Section 94, ‘Root cause analysis’— omit, insert — ‘root cause analysis’. 14 Section 132(3)(c)— omit . 15 Section 318— omit . 16 Schedule 2, section 8(4)(a), ‘governing council’s’— omit, insert — ‘board’s’. 17 Schedule 3, definition Australian Commission on Safety and Quality in Health Care , ‘National Health and Hospitals Network Act 2011 (Cwlth)’— omit, insert — ‘ National Health Reform Act 2011 (Cwlth)’. Page 112 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Schedule 18 Schedule 3, definition corporate support service , ‘support service,’— omit, insert — ‘support service’. 19 Amendment for references to ‘network’ All provisions of the Health and Hospitals Network Act 2011 are amended by omitting ‘network’ and inserting ‘Service’ except where— (a) the word ‘network’ is used in the terms ‘network area’, ‘network chief executive’, ‘network chief executives’ or ‘network chief executive’s’; or (b) a provision is amended elsewhere in this Act to omit the word ‘network’. 20 Amendment for references to ‘networks’ All provisions of the Health and Hospitals Network Act 2011 are amended by omitting ‘networks’ and inserting ‘Services’ except where— (a) the word ‘networks’ is used in the term ‘clinical networks’; or (b) a provision is amended elsewhere in this Act to omit the word ‘networks’ and insert other words. 21 Amendment for references to ‘Networks’ All provisions of the Health and Hospitals Network Act 2011 are amended by omitting ‘Networks’ and inserting ‘Services’ except where— (a) the word ‘Networks’ is used in the term ‘Local Health and Hospital Networks’; or (b) a provision is amended elsewhere in this Act to omit the word ‘Networks’ and insert other words. 2012 Act No. 9 Page 113
Health and Hospitals Network and Other Legislation Amendment Act 2012 Schedule 22 Amendment for references to ‘network’s’ All provisions of the Health and Hospitals Network Act 2011 are amended by omitting ‘network’s’ and inserting ‘Service’s’. 23 Amendment for references to ‘network area’ All provisions of the Health and Hospitals Network Act 2011 are amended by omitting ‘network area’ and inserting ‘health service area’. 24 Amendment for references to ‘network chief executive’ All provisions of the Health and Hospitals Network Act 2011 are amended by omitting ‘network chief executive’ and inserting ‘health service chief executive’. 25 Amendment for references to ‘network chief executives’ All provisions of the Health and Hospitals Network Act 2011 are amended by omitting ‘network chief executives’ and inserting ‘health service chief executives’. 26 Amendment for references to ‘network chief executive’s’ All provisions of the Health and Hospitals Network Act 2011 are amended by omitting ‘network chief executive’s’ and inserting ‘health service chief executive’s’. 27 Amendment for references to ‘governing council’ All provisions of the Health and Hospitals Network Act 2011 are amended by omitting ‘governing council’ and inserting ‘board’ except where a provision is amended elsewhere in this Act to omit the words ‘governing council’ and insert other words. Page 114 2012 Act No. 9
Health and Hospitals Network and Other Legislation Amendment Act 2012 Schedule 28 Amendment for references to ‘governing councils’ All provisions of the Health and Hospitals Network Act 2011 are amended by omitting ‘governing councils’ and inserting ‘boards’ except where a provision is amended elsewhere in this Act to omit the words ‘governing councils’ and insert other words. 29 Amendment for references to ‘Chairperson’ etc. All provisions of the Health and Hospitals Network Act 2011 are amended by omitting ‘Chairperson’, ‘chairperson’ and ‘chairpersons’ and inserting ‘Chair’, ‘chair’ and ‘chairs’ respectively. © State of Queensland 2012 2012 Act No. 9 Page 115
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0