Health Legislation Amendment (Quality and Safety) Act 2022 (Vic)
Health Legislation Amendment (Quality and Safety) Act 2022
No. 4 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendment of Health Services Act 1988
4Definitions
5New Part 5A inserted
6Appointment of delegate to board
7Appointment of delegate to board of public health service
8Appointment of delegate to board of multi purpose service
9Repeal of Part 6A
10Definitions
11Regulations
Part 3—Amendment of Public Health and Wellbeing Act 2008
12Definitions
13New Division 4 inserted in Part 4
Part 4—Consequential and other amendments
Division 1—Amendment of Ambulance Services Act 1986
14Definitions
15New sections 22I to 22K inserted
16Appointment of delegate to board
17Appointment of administrator
Division 2—Amendment of Mental Health Act 2014
18Definitions
19Functions of the Commissioner
20Referred complaints
21Disclosure of information
22Powers of the Institute
23Appointment of delegate to board
24New Division 4 in Part 14 inserted
Division 3—Amendment of Health Complaints Act 2016
25Complaint by person who received or sought a health service
26Complaint about health service received or sought by another person
27Complaint by carer
28Functions and powers of the Commissioner
29Non-disclosure of information—investigations, complaint data reviews
Division 4—Statute law revision amendments
30Strategic plans
31Interpretation: health service establishment
32Certificate of registration
Part 5—Repeal of amending Act
33Repeal of this Act
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Endnotes
1 General information
Health Legislation Amendment (Quality and Safety) Act 2022
No. 4 of 2022
[Assented to 1 March 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Health Services Act 1988—
(i)to provide for the appointment of a Chief Quality and Safety Officer; and
(ii)to provide for quality and safety reviews of health service entities and to introduce protections for serious adverse patient safety event reviews conducted by health service entities; and
(iii)to create a new statutory duty of candour for health service entities; and
(iv)to extend protections for apologies offered by health service entities for harm suffered by patients; and
(v)to make other amendments to that Act; and
(b)to amend the Public Health and Wellbeing Act 2008 to confer additional functions on the Victorian Perioperative Consultative Council; and
(c)to make consequential and miscellaneous amendments to the Ambulance Services Act 1986, the Mental Health Act 2014 and the Health Complaints Act 2016.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 30 November 2022, it comes into operation on that day.
3Principal Act
In this Act, the Health Services Act 1988 is called the Principal Act.
Part 2—Amendment of Health Services Act 1988
4Definitions
In section 3(1) of the Principal Act insert the following definitions—
"authorised quality and safety officer means an officer appointed under section 121;
Chief Health Officer has the same meaning as in the Public Health and Wellbeing Act 2008;
chief psychiatrist has the same meaning as in the Mental Health Act 2014;
Chief Quality and Safety Officer means the person appointed as Chief Quality and Safety Officer under section 116;
health service entity means—
(a)a public health service; or
(b)a public hospital; or
(c)a multi purpose service; or
(d)a denominational hospital; or
(e)a private hospital; or
(f)a day procedure centre; or
(g)an ambulance service within the meaning of the Ambulance Services Act 1986; or
(h)a non-emergency patient transport service within the meaning of the Non‑Emergency Patient Transport and First Aid Services Act 2003 that is licensed under that Act; or
(i)the Victorian Institute of Forensic Mental Health established by section 328 of the Mental Health Act 2014; or
(j)a prescribed entity that provides health services;
protected quality and safety review means a quality and safety review which is designated as a protected quality and safety review by the Chief Quality and Safety Officer under section 124(3)(a)(ii);
quality and safety review means a review of a health service entity conducted by the Chief Quality and Safety Officer under section 124 and includes—
(a)a standard quality and safety review; and
(b)a protected quality and safety review;
SAPSE review means a review of a serious adverse patient safety event conducted in accordance with Division 8 of Part 5A;
serious adverse patient safety event means an event of a prescribed class or category that results in harm to one or more individuals;
standard quality and safety review means a quality and safety review that is not a protected quality and safety review;".
5New Part 5A inserted
After section 115V of the Principal Act insert—
"Part 5A—Quality and safety
Division 1—Chief Quality and Safety Officer
116Chief Quality and Safety Officer
(1)There is to be a Chief Quality and Safety Officer.
(2)The Chief Quality and Safety Officer must be appointed by the Secretary.
(3)A person is eligible to be appointed as the Chief Quality and Safety Officer if—
(a)the person is employed under Part 3 of the Public Administration Act 2004; and
(b)the Secretary is satisfied that the person has the appropriate knowledge and experience to perform the functions of the Chief Quality and Safety Officer.
(4)The Chief Quality and Safety Officer is responsible to the Secretary for the performance of the functions and duties set out in this Part.
117Functions of the Chief Quality and Safety Officer
(1)The functions of the Chief Quality and Safety Officer are—
(a)to conduct quality and safety reviews of services provided in or by health service entities; and
(b)to provide information to the Secretary concerning quality and safety reviews of services provided in or by health service entities; and
(c)to work co-operatively with other bodies or persons that have roles or functions relating to the oversight or regulation of quality and safety in health service entities including the following—
(i)the Chief Health Officer;
(ii)the chief psychiatrist;
(iii)the Health Complaints Commissioner within the meaning of the Health Complaints Act 2016;
(iv)the Mental Health Complaints Commissioner within the meaning of the Mental Health Act 2014;
(v)a coroner within the meaning of the Coroners Act 2008;
(vi)the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;
(d)to issue guidelines to health service entities concerning the provision of services.
118Powers of the Chief Quality and Safety Officer
The Chief Quality and Safety Officer has power to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the performance of the Chief Quality and Safety Officer's functions under this Act and the regulations.
119Contractors
The Secretary may enter into an agreement or an arrangement with any person or body for the purpose of obtaining appropriate expertise to assist the Chief Quality and Safety Officer in the performance of the Chief Quality and Safety Officer's powers, duties or functions under this Act or the regulations.
120Power of Chief Quality and Safety Officer to delegate
The Chief Quality and Safety Officer by instrument may delegate any power, duty or function of the Chief Quality and Safety Officer, other than this power of delegation, to—
(a)any person employed under Part 3 of the Public Administration Act 2004; or
(b)any person engaged under section 119.
Note
See also section 42A of the Interpretation of Legislation Act 1984.
Division 2—Authorised quality and safety officers
121Authorised quality and safety officers
(1)The Chief Quality and Safety Officer, by instrument, may appoint as an authorised quality and safety officer for the purposes of this Part—
(a)a person employed under Part 3 of the Public Administration Act 2004; or
(b)a person engaged by the Secretary to assist the Chief Quality and Safety Officer in the performance of the Chief Quality and Safety Officer's functions.
(2)The Chief Quality and Safety Officer must not appoint a person to be an authorised quality and safety officer under this section unless the Chief Quality and Safety Officer is satisfied that the person has the appropriate knowledge and experience to perform the duties and functions of an authorised quality and safety officer.
(3)The Chief Quality and Safety Officer may give a direction to an authorised quality and safety officer in relation to the performance of the authorised quality and safety officer's functions or duties or the exercise of the authorised quality and safety officer's powers under this Act or the regulations.
122Identity cards
(1)The Chief Quality and Safety Officer must issue an identity card to each authorised quality and safety officer appointed by the Chief Quality and Safety Officer.
(2)An identity card issued to an authorised quality and safety officer under this section must—
(a)contain a photograph of the authorised quality and safety officer; and
(b)contain the signature of the authorised quality and safety officer; and
(c)be signed by the Chief Quality and Safety Officer.
123Production of identity card
(1)Subject to subsection (3), an authorised quality and safety officer must produce the officer's identity card for inspection before exercising a power under this Act or the regulations.
(2)Subject to subsection (3), an authorised quality and safety officer must produce the officer's identity card for inspection when asked to do so by the occupier of any premises during the exercise of a power under this Act or the regulations.
(3)However, if it is impracticable for an authorised quality and safety officer to produce the officer's identity card for inspection when exercising a power under this Act or the regulations, the authorised quality and safety officer is not required to do so.
Division 3—Quality and safety reviews and protected quality and safety reviews
124Quality and safety review
(1)The Chief Quality and Safety Officer may conduct a review of the quality and safety of services provided in or by one or more health service entities if the Chief Quality and Safety Officer is of the opinion that one or more of the following grounds apply—
(a)the health, safety or wellbeing of a person is or was endangered as a result of the provision of the services; or
(b)the review may assist to identify organisational or physical structures, functions, workplace culture and outcomes of the provision of health services that could be improved; or
(c)the review may assist to identify systemic issues or trends that may be addressed in order to improve the quality and safety of the provision of health services.
(2)The Secretary may request the Chief Quality and Safety Officer to conduct a review of the quality and safety of services provided in or by one or more health service entities if the Secretary considers that one or more of the grounds set out in subsection (1)(a), (b) or (c) apply.
(3)After having regard to the matters specified in subsection (4), the Chief Quality and Safety Officer—
(a)must determine whether a review under subsection (1) or (2) is to be conducted as—
(i)a standard quality and safety review; or
(ii)a protected quality and safety review; and
(b)may terminate a standard quality and safety review at any time and commence a protected quality and safety review in respect of the same subject matter.
(4)For the purposes of determining whether the circumstances warrant that a protected quality and safety review be conducted, the Chief Quality and Safety Officer must consider the reasonableness and necessity of providing additional protections to ensure open and honest engagement with the review process by persons involved in the services being reviewed having regard to the reputation, privacy, safety and wellbeing of those persons.
(5)The purposes of a quality and safety review are—
(a)to collect and analyse information relating to the quality and safety of the health service entity that is the subject of the review; and
(b)to monitor and review the quality and safety of the health service entity that is the subject of the review including any health, safety or wellbeing issues that may place a person at risk; and
(c)to identify the factors that may have led or contributed to any event, including the following—
(i)any relevant factors that are external to the health service entities involved in the event;
(ii)organisational and management factors relating to the health service entities involved in the event;
(iii)working environment factors, including the assignment and performance of tasks, technology used by the health service entities, team management and staffing allocation;
(iv)factors relating to the patients to whom health services were provided by the health services involved in the event; and
(d)to provide a report to the Secretary in accordance with section 128D.
(6)Subject to this Part, the process for conducting a quality and safety review is determined at the discretion of the Chief Quality and Safety Officer.
125Principles that apply to quality and safety reviews
The following principles apply to quality and safety reviews—
(a)the reporting and acknowledgement of errors that occur in the course of providing a health service is to be encouraged by ensuring that the review process focuses on systemic issues rather than individual fault;
(b)health service entities should be accountable to patients for the services they provide;
(c)improvements that may be made to the organisational or physical structures, functions, workplace culture and outcomes of the provision of the health service should be the focus of the review;
(d)the review should be conducted as soon as practicable and the Chief Quality and Safety Officer should specify the likely duration of the review when the review is commenced;
(e)the review should encourage good communication and sharing of information between people involved in providing the health service.
126Scope of quality and safety review
A quality and safety review may be in relation to—
(a)any aspect of the health service provided by one or more health service entities; or
(b)the health services that are provided to a specified person; or
(c)a specified practice or matter concerning the health services provided by one or more health service entities.
127Notice requirements for quality and safety review
(1)The Chief Quality and Safety Officer must give written notice of a quality and safety review to any health service entity to which the review is likely to relate within a reasonable time before commencing the review.
(2)A notice under this section must set out—
(a)the scope and objectives of the proposed review; and
(b)the date on which the review is proposed to commence; and
(c)the expected duration of the proposed review; and
(d)whether the review is a protected quality and safety review or a standard quality and safety review.
(3)Despite subsection (1), the Chief Quality and Safety Officer may, if satisfied that it is necessary in the circumstances, dispense with giving notice of the review to the health service entity.
128Powers of entry
(1)The Chief Quality and Safety Officer, or an authorised quality and safety officer at the direction of the Chief Quality and Safety Officer, may enter the premises of a health service entity at any time for the purpose of conducting a quality and safety review.
(2)If the Chief Quality and Safety Officer, or an authorised quality and safety officer at the direction of the Chief Quality and Safety Officer, enters the premises of a health service entity under the powers conferred by this Act, the Chief Quality and Safety Officer or the authorised quality and safety officer may do any one or more of the following—
(a)inspect, examine or make enquiries at the premises;
(b)examine or inspect any thing (including a document or part of a document) at the premises;
(c)bring any equipment or materials to the premises that may be required;
(d)take any photographs or make any audio or visual recordings at the premises, including a photograph or a recording of a person if the Chief Quality and Safety Officer or the authorised quality and safety officer has that person's consent to do so;
(e)use any equipment at the premises;
(f)make copies of, or take extracts from, any document kept at the premises;
(g)do any other thing that is reasonably necessary for the purpose of performing or exercising the functions or powers of the Chief Quality and Safety Officer under this Act or the regulations.
128APower to give written direction to persons to produce documents or answer questions
(1)The Chief Quality and Safety Officer, or an authorised quality and safety officer at the direction of the Chief Quality and Safety Officer, may give the following persons a written direction at any time for the purpose of conducting a quality and safety review—
(a)a member of staff of a health service entity;
(b)a person who provides health services from the health service entity.
(2)A written direction referred to in subsection (1) may direct a person—
(a)to produce a document or part of a document that is in the possession or control of the person; or
(b)to answer any questions asked by the Chief Quality and Safety Officer or authorised quality and safety officer.
128BHealth service entity staff and representatives to give any reasonable assistance
(1)This section applies to the following persons—
(a)a member of staff of a health service entity;
(b)a person who provides health services from the health service entity.
(2)A person to whom this section applies must provide the Chief Quality and Safety Officer, or an authorised quality and safety officer at the direction of the Chief Quality and Safety Officer, with any reasonable assistance that the Chief Quality and Safety Officer or authorised quality and safety officer requires to perform any duties or functions or exercise any powers under this Act or the regulations.
128CProtection against self-incrimination
A natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Part if giving the information or doing the other thing would tend to incriminate the person.
128DQuality and safety review reports and recommendations
(1)After completing a quality and safety review in respect of a health service entity, the Chief Quality and Safety Officer must prepare a written report of the findings of the review.
(2)A report prepared under this section—
(a)must specify the findings of the Chief Quality and Safety Officer resulting from the review; and
(b)may include recommendations that the Chief Quality and Safety Officer considers appropriate to improve the quality and safety of services provided by one or more of the health services entities to which the review relates; and
(c)must be clearly designated as either a standard quality and safety review report or a protected quality and safety review report, as applicable.
(3)The Chief Quality and Safety Officer must provide a copy of a report prepared under this section to any health service entity to which the report relates as soon as practicable after the quality and safety review is completed.
(4)If a report prepared under this section contains recommendations, a health service entity to which the report relates must provide a written response not later than 10 business days after receipt of the report setting out the action that has been, is, or will be, taken in relation to the recommendations.
(5)After receiving a written response under subsection (4), the Chief Quality and Safety Officer may—
(a)continue to monitor a health service entity; and
(b)request further information from the health service entity; and
(c)conduct another quality and safety review relating to the health service entity.
128EReport and response to be given to the Secretary
(1)The Chief Quality and Safety Officer must give the Secretary a copy of—
(a)a report prepared under section 128D(1); and
(b)any response prepared under section 128D(4).
(2)The Secretary may have regard to any report and response referred to under subsection (1) for the purposes of performing functions and exercising powers under this Act or any other Act.
128FPublication and response
(1)Subject to subsection (2), if the Secretary is of the opinion that it is in the public interest to do so, the Secretary may publish—
(a)a copy of a report prepared under section 128D(1); and
(b)any response prepared under section 128D(4).
(2)The Secretary must not publish a report or any response under subsection (1) if the report or response contains any information that identifies or is likely to lead to the identification of a person, other than role titles or specialist areas of practice, unless the person consents in writing to the publication.
128GSummary of protected quality and safety review
(1)The Chief Quality and Safety Officer may prepare a summary of a protected quality and safety review report prepared under section 128D(1).
(2)A copy of the report prepared under section 128D(1) or a summary of the report prepared under subsection (1) may be provided to any of the following persons—
(a)a prescribed person for a prescribed purpose;
(b)a person who, in the opinion of the Chief Quality and Safety Officer, has a sufficient personal or professional interest in the subject matter of the report including—
(i)a patient; or
(ii)a person nominated by the patient; or
(iii)if a patient is deceased or lacks capacity, the immediate family, carer or next of kin of the patient.
(3)A summary under this section may set out—
(a)the facts established during the protected quality and safety review; and
(b)the recommendations made by the Chief Quality and Safety Officer as a result of the protected quality and safety review.
Division 4—Guidelines
128HChief Quality and Safety Officer may make guidelines
(1)The Chief Quality and Safety Officer may make guidelines for the purpose of—
(a)addressing any systemic issues identified during a quality and safety review; and
(b)improving the quality or safety of services provided by health service entities.
(2)Guidelines under subsection (1)—
(a)may be expressed to apply to all health service entities or, if the issues addressed in the guidelines relate to a particular class or classes of health service entity, the class or classes specified in the guidelines; and
(b)must be published on an appropriate Internet site.
Division 5—Confidentiality
128IConfidentiality obligations applying in respect of information from protected quality and safety review
(1)This section applies to the following persons—
(a)a person who is, or has been, the Chief Quality and Safety Officer;
(b)a person who is, or has been, appointed as an authorised quality and safety officer.
(2)Subject to subsection (3), a person to whom this section applies must not, other than in the performance of the functions under this Act relating to a protected quality and safety review—
(a)directly or indirectly make a record of, or divulge or communicate to any person, any information gained by or conveyed to the person by reason of the conducting of a protected quality and safety review that may identify a health service entity or any other person; or
(b)make use of the information for any purpose.
Penalty:10 penalty units.
(3)Nothing in this section prevents the Chief Quality and Safety Officer from using or disclosing information gained or conveyed by reason of conducting a protected quality and safety review—
(a)if the Chief Quality and Safety Officer is satisfied that the use or disclosure is necessary to prevent serious harm to a person's health or safety; or
(b)with the written authority of the Secretary, if the Secretary is satisfied that the disclosure is in the public interest; or
(c)in accordance with section 128G; or
(d)in the prescribed circumstances (if any).
(4)Subsection (2) has effect despite anything to the contrary in section 40 of the Audit Act 1994.
(5)A person to whom this section applies must not be required—
(a)to produce before any court or tribunal or any board, agency or other person any document that has come into the person's possession or under the person's control in the performance of the functions under this Act relating to a protected quality and safety review; or
(b)to divulge or communicate to any court or tribunal or any board, agency or other person any matter or thing that has come under the person's notice in the performance of the functions under this Act relating to a protected quality and safety review.
(6)The Freedom of Information Act 1982 does not apply to a document or any information referred to in subsection (5).
(7)Part 5 and HPP 6 of the Health Records Act 2001 do not apply to a document or any information referred to in subsection (5).
(8)Nothing in this section prevents a person to whom this section applies from including de‑identified information in any document.
(9)In this section—
de-identified, in relation to information, means information that no longer relates to—
(a)an identifiable individual or an individual who can be reasonably identified; or
(b)an identifiable health service entity from which or in relation to which the information was obtained.
128JConfidentiality of documents
(1)A person must not, and cannot, be required to produce before any court or tribunal or any board, agency or other person any document in the person's possession or under the person's control that is the original or a copy of a document that was—
(a)created for the sole purpose of providing information in the course of conducting a protected quality and safety review; and
(b)produced or provided in the course of conducting a protected quality and safety review by or on behalf of that person.
(2)Except in the case of information or reports published by the Secretary, the following is not admissible in any action or proceedings before any court or tribunal or any board, agency or other person—
(a)evidence of any other information or reports obtained by or in the possession of the Chief Quality and Safety Officer or authorised quality and safety officers in the course of conducting a protected quality and safety review;
(b)evidence of or about a document to which subsection (1) applies;
(c)a report or summary of a report provided to a person under section 128G(2).
(3)The Freedom of Information Act 1982 does not apply to a document or any information referred to in subsection (1) or (2).
(4)Part 5 and HPP 6 of the Health Records Act 2001 do not apply to a document or any information referred to in subsection (1) or (2).
128KPatient's access to medical file preserved
Nothing in this Part affects the right of a patient to access the patient's own medical file, whether or not that file is examined or referred to in the report of a protected quality and safety review.
Division 6—Referral of matters
128LNotice to chief psychiatrist or Chief Health Officer
(1)The Chief Quality and Safety Officer may refer a matter to the chief psychiatrist or the Chief Health Officer if the Chief Quality and Safety Officer reasonably believes that the matter is relevant to the statutory responsibilities of the chief psychiatrist or the Chief Health Officer.
(2)After referring a matter under subsection (1), the Chief Quality and Safety Officer may—
(a)continue to conduct the quality and safety review; or
(b)leave the appropriate course of conduct to be determined by the chief psychiatrist or the Chief Health Officer, as applicable.
Division 7—Liability
128MProtection from liability for persons involved in quality and safety review
(1)A person is not personally liable for the giving of information, in good faith, to a quality and safety review in the reasonable belief that the giving of the information was for the purposes of a quality and safety review.
(2)Any liability resulting from the giving of information that would, but for subsection (1), attach to a person attaches instead to the State.
Division 8—SAPSE reviews
128NSAPSE reviews
If a serious adverse patient safety event occurs, a SAPSE review may be conducted by a SAPSE review panel appointed in accordance with this Division.
128OScope of SAPSE review
A SAPSE review must—
(a)establish the facts of the serious adverse patient safety event, including any relevant surrounding context; and
(b)identify the factors that may have led or contributed to the serious adverse patient safety event, including but not limited to the following—
(i)any relevant factors that are external to the health service entities involved in the event;
(ii)organisational and management factors relating to the health service entities involved in the event;
(iii)working environment factors, including the assignment and performance of tasks, technology used by the health service entities, team management and staffing allocation;
(iv)factors relating to the patients to whom health services were provided by the health service entities involved in the event; and
(c)identify any remedial measures that may be taken in relation to the serious adverse patient safety event, and any measures to prevent similar events from occurring in future and improve the quality and safety of the health services provided by the health service entities involved in the event.
128PAppointment of SAPSE review panel
(1)The chief executive officer (however named) of a health service entity—
(a)may appoint a SAPSE review panel on the chief executive officer's own motion; and
(b)must appoint a SAPSE review panel if directed to do so by the Secretary; and
(c)subject to subsection (3), must appoint a joint SAPSE review panel if directed to do so by the Secretary.
(2)Subject to subsection (3), in the case of a serious adverse patient event that involves 2 or more health service entities, the chief executive officers (however named) of those health service entities may agree to appoint a joint SAPSE review panel in accordance with the regulations.
(3)If the Secretary directs that a joint SAPSE review panel must be appointed and the chief executive officers (however named) of the health service entities involved in the serious adverse patient event are unable to agree to appoint a joint SAPSE review panel, the Secretary may appoint the panel in accordance with the regulations.
128QMembership of SAPSE review panel
(1)The membership of a SAPSE review panel—
(a)must include a person who is not employed or engaged by the health service entity that appointed the panel; and
(b)must not include any person who was directly involved in the event that is the subject of the review; and
(c)may include independent experts; and
(d)may include consumer representatives; and
(e)must comply with any prescribed requirements.
(2)Each member appointed to the SAPSE review panel must have appropriate skills and experience to conduct a SAPSE review.
128RProtection from liability for SAPSE review panel members
(1)A person who is a member of a SAPSE review panel is not personally liable for anything done or omitted to be done in good faith—
(a)in the performance of a function under this Act as a member of a SAPSE review panel; or
(b)in the reasonable belief that the act or omission was in the performance of a function under this Act as a member of a SAPSE review panel.
(2)Any liability resulting from an act or omission that, but for subsection (1), would attach to the person attaches instead to—
(a)the health service entity or entities that appointed the SAPSE review panel; or
(b)if section 128P(3) applies, the health services entities that would have appointed the SAPSE review panel but for the fact that they were unable to agree on the appointments.
(3)Without limiting subsection (1), no liability for defamation is incurred by the person because of—
(a)any statement made orally or in writing in the performance of the person's functions in relation to a SAPSE review; or
(b)any report or information published in the context of a SAPSE review.
128SProtection from liability for participants in SAPSE review
(1)A person who provides information to a SAPSE review panel is not personally liable for the giving of information, in good faith, to a SAPSE review panel in the reasonable belief that the information was necessary for the purposes of the SAPSE review.
(2)Any liability resulting from the giving of information that, but for subsection (1), would attach to the person attaches instead to—
(a)the health service entity or entities that appointed the SAPSE review panel; or
(b)if section 128P(3) applies, the health services entities that would have appointed the SAPSE review panel but for the fact that they were unable to agree on the appointments.
(3)Without limiting subsection (1), no liability for defamation is incurred by the person because of the giving of information by the person to a SAPSE review panel in good faith.
128TSerious adverse patient safety event review report
(1)A SAPSE review panel must prepare and produce a report for the health service entities which appointed it as soon as practicable after completing an investigation into a serious adverse patient safety event.
(2)A report under subsection (1) must contain one or more of the following elements as considered appropriate by the SAPSE review panel—
(a)a description of the serious adverse patient safety event;
(b)analysis identifying why the event happened and any factors that contributed to the event;
(c)any recommendations about changes or improvements in a policy, procedure or practice relating to the provision of a health service that are intended to reduce the likelihood of, or prevent, the same type of event happening again;
(d)any prescribed matter or requirement.
(3)A report under subsection (1) must not contain—
(a)the name or address of the following—
(i)a person involved in providing the relevant health service;
(ii)a person who received the relevant health service;
(iii)a member of the SAPSE review panel;
(b)any other prescribed information.
128UConfidentiality of SAPSE review documents and report
(1)A person (other than under subsection (3) or in prescribed circumstances) must not be required to produce before any court or tribunal or any board, agency or other person—
(a)a report prepared under section 128T; or
(b)any document in the person's possession or under the person's control that is the original or a copy of a document that was—
(i)created for the sole purpose of providing information in the course of conducting a SAPSE review; and
(ii)provided in the course of conducting a SAPSE review by or on behalf of that person.
(2)Subject to subsection (3), the following is not admissible in any action or proceedings before any court or tribunal or any board, agency or other person—
(a)evidence of any other information or reports obtained by or in the possession of a serious adverse patient safety review panel in the course of conducting a SAPSE review;
(b)evidence of or about a document to which subsection (1) applies;
(c)a report prepared under section 128T.
(3)A report prepared under section 128T may be produced to a coroner or the Coroners Court (as appropriate) for the purposes of—
(a)an investigation under Division 1 of Part 4 of the Coroners Act 2008; or
(b)an inquest (within the meaning of the Coroners Act 2008) in respect of a death.
(4)The Freedom of Information Act 1982 does not apply to a document or any information referred to in subsection (1) or (2).
(5)Part 5 and HPP 6 of the Health Records Act 2001 do not apply to a document or any information referred to in subsection (1) or (2).
(6)Nothing in this section prevents a person to whom this section applies from including de‑identified information in any document.
(7)In this section—
de-identified, in relation to information, means information that no longer relates to—
(a)an identifiable individual or an individual who can be reasonably identified; or
(b)an identifiable health service entity from which or in relation to which the information was obtained.
128VDisclosure of report
(1)A health service entity which has received a report under section 128T must disclose the report as follows—
(a)if the Secretary or any person nominated by the Secretary requests a copy of the report, to the Secretary or that person;
(b)if any prescribed person for a prescribed purpose requests a copy of the report, to the prescribed person.
(2)A health service entity which has received a report under section 128T must—
(a)offer a copy of the report to the persons specified in subsection (3); and
(b)provide a copy of the report to the persons who accept the offer made under paragraph (a).
(3)For the purposes of subsection (2), the following persons, who in the reasonable opinion of the chief executive officer (however described) of a health service entity have a sufficient personal or professional interest in the subject of the report, are specified—
(a)a patient;
(b)a person nominated by the patient;
(c)the immediate family, carer or next of kin of a patient, if the patient is deceased or lacks capacity.
128WPerson cannot be compelled to give particular information in evidence
A person, other than in prescribed circumstances, must not be compelled to divulge or communicate in a proceeding, or in compliance with a requirement under an Act or legal process, any of the following—
(a)whether or not the person gave information to a SAPSE review panel for the purposes of a SAPSE review;
(b)what information the person gave to a SAPSE review panel for the purposes of a SAPSE review;
(c)information the person was given, or questions the person was asked, by a SAPSE review panel for the purposes of a SAPSE review.
128XConfidentiality obligations applying to member of SAPSE review panel
(1)This section applies to a person who is, or has been, a member of a SAPSE review panel.
(2)A person to whom this section applies must not disclose any information acquired by the person in the performance of functions under this Act relating to a SAPSE review, except in the circumstances set out in subsection (3).
Penalty:10 penalty units.
(3)A person to whom this section applies may disclose information acquired by the person in the performance of functions under this Act relating to a SAPSE review—
(a)in the course of exercising the person's functions as a panel member; or
(b)for the purpose of any recommendation made by the panel; or
(c)for the purpose of any required or discretionary disclosure of the SAPSE review panel under this Part; or
(d)for a prescribed purpose or in prescribed circumstances.
128YIdentity of SAPSE review panel members not to be disclosed
A health service entity that has appointed a SAPSE review panel, or a member of staff of that entity, must not disclose the identity of any member of that panel other than in a proceeding for an offence under this Part.
Penalty:In the case of an individual, 10 penalty units;
In the case of a body corporate, 50 penalty units.
128ZRestrictions on SAPSE reviews
(1)If the members of a SAPSE review panel have reason to suspect that its review may relate to an adverse event that involves a prohibited act, the SAPSE review panel must suspend its activities and comply with any procedures prescribed for the purposes of this section as to suspension or recommencement of the review.
(2)To avoid doubt, nothing in this section prevents a member of a SAPSE review panel from discharging a mandatory reporting obligation (however described), including but not limited to an obligation under the following—
(a)the Health Practitioner Regulation National Law;
(b)section 184 of the Children, Youth and Families Act 2005.
(3)In this section—
impairment has the same meaning as in the Health Practitioner Regulation National Law;
prohibited act means—
(a)an act that is an offence and that appears to have been committed by a member of the staff of the health services entity that is the subject of the review; or
(b)an act that is attributable to a member of the staff of the health services entity that is the subject of the review, or any other person involved in the adverse event, having an impairment; or
(c)an act that constitutes the abuse of a patient; or
(d)an act that appears to be a deliberately unsafe act (other than an act that might be reasonably undertaken in the provision of a health service); or
(e)a prescribed act.
128ZASection 139 does not apply
To avoid doubt, section 139 does not apply to this Division.
Division 9—Duty of candour
128ZBDefinitions
(1)In this Division—
apology means an expression of compassion, regret or sympathy in connection with any matter, whether or not the apology admits or implies an admission of fault in connection with the matter;
civil proceeding includes—
(a)a proceeding before a tribunal; and
(b)a proceeding under an Act regulating the practice or conduct of a profession or occupation; and
(c)a proceeding of a Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown; and
(d)a proceeding of a Board of Inquiry or Formal Review established under the Inquiries Act 2014;
patient, in circumstances where the patient lacks capacity or has died, includes—
(a)the patient's immediate family, carer or next of kin; and
(b)a person nominated by the patient.
128ZCDuty of candour
(1)If a patient suffers a serious adverse patient safety event in the course of receiving health services, the health service entity responsible for providing those services owes a duty of candour to the patient and must do the following unless the patient has opted out in accordance with subsection (2)—
(a)provide the patient with—
(i)a written account of the facts regarding the serious adverse patient safety event; and
(ii)an apology for the harm suffered by the patient; and
(iii)a description of the health service entity's response to the event; and
(iv)the steps that the health service entity has taken to prevent re‑occurrence of the event; and
(v)any prescribed information; and
(b)comply with any steps set out in the Victorian Duty of Candour Guidelines.
(2)A patient referred to in subsection (1) may choose not to receive information in accordance with this Division by providing the health service entity with a signed statement.
(3)A patient who has signed a statement in accordance with subsection (2) may later elect to receive information under subsection (1).
128ZDApology not admission of liability
(1)In a civil proceeding where the death or injury of a person is in issue or is relevant to an issue of fact or law, an apology—
(a)does not constitute an express or implied admission of liability for the death or injury; and
(b)is not relevant to the determination of fault or liability in connection with that proceeding.
(2)Subsection (1) applies whether the apology—
(a)is made orally or in writing; or
(b)is made before or after the civil proceeding was in contemplation or commenced.
(3)Evidence of an apology made by or on behalf of a person or a health service entity in connection with any matter alleged to have been caused by the person or health service entity is not admissible in any civil or disciplinary proceedings as evidence of the fault or liability of the person or health service entity in connection with that matter.
(4)Nothing in this section affects the admissibility of a statement with respect to a fact in issue or tending to establish a fact in issue.
128ZENon-compliance with duty of candour
The Minister or the Secretary may take into account the failure of a health service entity to comply with the duty of candour when assessing the following matters under this Act—
(a)whether the entity provides safe, patient-centred and appropriate health services;
(b)the quality and safety of health services provided by the entity.
128ZFVictorian Duty of Candour Guidelines
(1)The Minister may make guidelines (to be known as the Victorian Duty of Candour Guidelines) that set out the steps a health service entity must take to discharge the duty of candour.
(2)The Victorian Duty of Candour Guidelines are a legislative instrument for the purposes of the Subordinate Legislation Act 1994.
Division 10—Statements
128ZGMeaning of relevant health service entity
In this Division—
relevant health service entity means the following—
(a)a public hospital;
(b)a public health service;
(c)a multi purpose service;
(d)a denominational hospital;
(e)a private hospital;
(f)a day procedure centre.
128ZHStatement about failure to comply with duty of candour
(1)The Minister may publish a statement setting out the name of a relevant health service entity if, in the Minister's opinion—
(a)the relevant health service entity has failed to comply with the duty of candour on 2 or more occasions; and
(b)the failure to comply is of a serious nature.
(2)A statement under subsection (1) must be published on the Internet site of the Department.
128ZISubmissions on publication of statement
(1)Before publishing a statement under section 128ZH, the Minister must give the relevant health service entity a reasonable opportunity to make oral or written submissions on the proposed publication of the statement.
(2)The Minister must give the relevant health service entity written notice of the opportunity to make submissions.
(3)A notice under subsection (2) must set out—
(a)whether or not oral or written submissions or both may be made; and
(b)if written submissions may be made, the time within which and the place to which the submissions must be made; and
(c)if oral submissions may be made, the time and place for making the submissions.
(4)A notice under subsection (2) must be given within a reasonable time to allow for the preparation of the submissions and, where necessary, for attendance at the place for making submissions.".
6Appointment of delegate to board
In section 40C(3)(b) of the Principal Act, after "the new public hospital" insert ", including compliance with the duty of candour".
7Appointment of delegate to board of public health service
In section 65ZAA(3)(ab) of the Principal Act, after "the new public health service" insert ", including compliance with the duty of candour".
8Appointment of delegate to board of multi purpose service
In section 115MB(3)(b) of the Principal Act, after "the new multi purpose service" insert ", including compliance with the duty of candour".
9Repeal of Part 6A
Part 6A of the Principal Act is repealed.
10Definitions
In section 134V of the Principal Act, the definition of health service entity is repealed.
11Regulations
After section 158(1)(o) of the Principal Act insert—
"(oa)information required to be provided by health service establishments (including private hospitals and day procedure centres) specifying details of the compliance of the health service entity with the duty of candour;
(ob)the composition and size of a SAPSE panel;
(oc)the composition and size of a multi-agency SAPSE panel;
(od)requirements that must be satisfied in order to comply with the duty of candour;".
Part 3—Amendment of Public Health and Wellbeing Act 2008
12Definitions
In section 3(1) of the Public Health and Wellbeing Act 2008—
(a)insert the following definition—
"Victorian Perioperative Consultative Council means the Consultative Council established by Order of the Minister dated 6 June 2019 under section 33, notice of which was published in the Government Gazette on 18 June 2019;";
(b)in the definition of Consultative Council, in paragraph (a), after "section 33" insert "and including the Victorian Perioperative Consultative Council";
(c)in the definition of vehicle, for "air." substitute "air;".
13New Division 4 inserted in Part 4
After Division 3 of Part 4 of the Public Health and Wellbeing Act 2008 insert—
"Division 4—Provisions applying to the Victorian Perioperative Consultative Council
48CVictorian Perioperative Consultative Council
(1)This Division applies to the Victorian Perioperative Consultative Council.
(2)This Division is in addition to Division 2 and is not limited by this Division.
48DFunctions of the Victorian Perioperative Consultative Council
(1)The functions of the Victorian Perioperative Consultative Council are to—
(a)conduct study, research and analysis into the incidence and causes in Victoria of perioperative mortality or morbidity; and
(b)conduct study, research and interpret information on and in relation to perioperative care in Victoria, to improve outcomes for patients before, during and after surgery, including providing information to the Secretary and on the requirements for and the planning of perioperative care; and
(c)provide to health service providers—
(i)information on perioperative care; and
(ii)strategies to improve perioperative care; and
(d)consider, investigate and report on any other matters in respect of perioperative mortality and morbidity referred to the Council by the Minister or the Secretary; and
(e)liaise with any other Consultative Council on any matter relevant to the functions of the Victorian Perioperative Consultative Council; and
(f)publish an annual report on the research and activities of the Victorian Perioperative Consultative Council; and
(g)perform any other prescribed function; and
(h)collect information for the purpose of performing its functions under this subsection.
(2)The Secretary must make available to the Victorian Perioperative Consultative Council any resources from the Department that are necessary to enable Victorian Perioperative Consultative Council to carry out its functions.
(3)In this section—
perioperative mortality and morbidity means adverse events (including death) that may occur immediately prior to, during or immediately after surgery.
48EVictorian Perioperative Consultative Council guidelines, compliance and reporting
(1)The Victorian Perioperative Consultative Council may prepare and issue guidelines relevant to its functions.
(2)If the Victorian Perioperative Consultative Council issues guidelines, the Victorian Perioperative Consultative Council must publish notice of their issue—
(a)in the Government Gazette; and
(b)on the Victorian Perioperative Consultative Council's Internet site.
(3)A notice under subsection (2) must state—
(a)where a copy of the Victorian Perioperative Consultative Council guidelines may be obtained; and
(b)the date on which the Victorian Perioperative Consultative Council guidelines take effect.
(4)The Victorian Perioperative Consultative Council may—
(a)monitor compliance with its guidelines by health services; and
(b)report to the Secretary any instances of non‑compliance identified; and
(c)collect information from health services in relation to the preparation of its guidelines and the monitoring of compliance with those guidelines.
(5)A report under subsection (4) must include the following—
(a)the type of non-compliance, including a failure to provide information to the Victorian Perioperative Consultative Council in relation to the preparation of guidelines and the monitoring of compliance with those guidelines;
(b)the health service which failed to comply with the guidelines;
(c)how the non-compliance may have been prevented;
(d)the status of any investigation by the Victorian Perioperative Consultative Council of the non-compliance;
(e)any remedial action taken by the relevant health service.
48FRequest to provide information in relation to perioperative mortality
(1)The Chairperson of the Victorian Perioperative Consultative Council by written notice may request a person who provided care or services to a person before the person's death to provide to the Victorian Perioperative Consultative Council general or specific information as specified in the notice within the period or from time to time as specified in the notice which the Chairperson of the Victorian Perioperative Consultative Council considers is necessary to enable the Victorian Perioperative Consultative Council to perform the function specified in section 48D(1)(a).
(2)A person to whom subsection (1) applies is authorised to provide the information requested under subsection (1) to the Victorian Perioperative Consultative Council.
Note
See section 227.
(3)To avoid doubt, this section does not limit the application of section 39.
48GPreventable harm to be reported to Secretary
(1)This section applies if the Victorian Perioperative Consultative Council determines—
(a)that a perioperative mortality or an instance of severe perioperative morbidity or a cluster at a relevant health service was likely to have been preventable; and
(b)that there is a continuing risk to the health, safety or wellbeing of persons as a result of the provision of services at the relevant health service.
(2)If this section applies, the Chairperson of the Victorian Perioperative Consultative Council must provide a report to the Secretary of that death, severe perioperative morbidity or cluster.
(3)A report under subsection (2) must include the following—
(a)the type of incident causing the mortality or morbidity;
(b)the health service connected with the mortality or morbidity, if any;
(c)how the mortality or morbidity was likely to have been preventable;
(d)the status of any investigation by the Victorian Perioperative Consultative Council of the incident;
(e)any remedial action taken by the relevant health service.
(4)In addition to any report provided under subsection (2), the Chairperson of the Victorian Perioperative Consultative Council must provide a quarterly report to the Secretary—
(a)about themes relating to preventable deaths or instances of severe perioperative morbidity gleaned from information the Victorian Perioperative Consultative Council has received from health services; and
(b)to assist in the identification of systemic issues or trends that may be addressed in order to improve the quality and safety of the provision of health services.
48HConfidentiality of reports under section 48G
(1)This section applies to a person who is or has been the recipient of a report referred to in section 48G.
(2)A person must not disclose to any other person a report referred to in section 48G unless the Secretary considers that the disclosure is in the public interest.
(3)Subsection (2) has effect despite anything to the contrary in section 40 of the Audit Act 1994.
(4)The Freedom of Information Act 1982 does not apply to a report referred to in section 48G.
(5)Part 5 and HPP 6 of the Health Records Act 2001 do not apply to a report referred to in section 48G.
(6)Nothing in this section prevents a person from including information in any document that does not contain any particulars which would be likely to lead to the identification of a person from whom the information was obtained or to whom the information relates.
(7)A person must not, and cannot, be required to produce before any court or tribunal or any board, agency or other person a report referred to in section 48G unless the Secretary considers that the production is in the public interest.".
Part 4—Consequential and other amendments
Division 1—Amendment of Ambulance Services Act 1986
14Definitions
(1)In section 3(1) of the Ambulance Services Act 1986 insert the following definitions—
"apology means an expression of compassion, regret or sympathy in connection with any matter, whether or not the apology admits or implies an admission of fault in connection with the matter;
civil proceeding includes—
(a)a proceeding before a tribunal; and
(b)a proceeding under an Act regulating the practice or conduct of a profession or occupation; and
(c)a proceeding of a Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown; and
(d)a proceeding of a Board of Inquiry or Formal Review established under the Inquiries Act 2014;
serious adverse patient safety event has the same meaning as in the Health Services Act 1988;
Victorian Duty of Candour Guidelines means the guidelines made under section 128ZF of the Health Services Act 1988.".
(2)In section 3(1) of the Ambulance Services Act 1986, in the definition of trust, for "service." substitute "service;".
15New sections 22I to 22K inserted
After section 22H of the Ambulance Services Act 1986 insert—
"22I Duty of candour
(1)If a patient suffers a serious adverse patient safety event in the course of receiving services from an ambulance service, the ambulance service responsible for providing those services owes a duty of candour to the patient and must do the following unless the patient has opted out in accordance with subsection (2)—
(a)provide the patient with—
(i)a written account of the facts regarding the serious adverse patient safety event; and
(ii)an apology for the harm suffered by the patient; and
(iii)a description of the ambulance service's response to the event; and
(iv)the steps that the ambulance service has taken to prevent re‑occurrence of the event; and
(v)any prescribed information; and
(b)comply with any steps set out in the Victorian Duty of Candour Guidelines.
(2)A patient referred to in subsection (1) may choose not to receive information in accordance with subsection (1) by providing the ambulance service with a signed statement.
(3)A patient who has signed a statement in accordance with subsection (2) may later elect to receive information under subsection (1).
22JApology not admission of liability
(1)In a civil proceeding where the death or injury of a person is in issue or is relevant to an issue of fact or law, an apology does not constitute—
(a)an express or implied admission of liability for the death or injury; and
(b)is not relevant to the determination of fault or liability in connection with that proceeding.
(2)Subsection (1) applies whether the apology—
(a)is made orally or in writing; or
(b)is made before or after the civil proceeding was in contemplation or commenced.
(3)Evidence of an apology made by or on behalf of a person or an ambulance service in connection with any matter alleged to have been caused by the person or ambulance service is not admissible in any civil or disciplinary proceedings as evidence of the fault or liability of the person or ambulance service in connection with that matter.
(4)Nothing in this section affects the admissibility of a statement with respect to a fact in issue or tending to establish a fact in issue.
22KNon-compliance with duty of candour
The Minister or the Secretary may take into account the failure of an ambulance service to comply with the duty of candour when assessing the following matters under this Act—
(a)whether the ambulance service provides safe, patient-centred and appropriate services;
(b)the quality and safety of services provided by the ambulance service.".
16Appointment of delegate to board
In section 22B(3)(b)(ii) of the Ambulance Services Act 1986, after "ambulance service" insert ", including compliance with the duty of candour under section 22I".
17Appointment of administrator
After section 35(1)(e)(i) of the Ambulance Services Act 1986 insert—
"(ia)complies with the duty of candour under section 22I; or".
Division 2—Amendment of Mental Health Act 2014
18Definitions
In section 3(1) of the Mental Health Act 2014 insert the following definition—
"duty of candour, in relation to the provision of mental health services by—
(a)a mental health service provider other than the Institute, is the duty of candour specified in Division 9 of Part 5A of the Health Services Act 1988; and
(b)the Institute, is the duty of candour specified in Division 4 of Part 14;".
19Functions of the Commissioner
After section 228(j) of the Mental Health Act 2014 insert—
"(ja)if the Commissioner becomes aware, other than through a conciliation process, that a mental health service provider or the Institute has not complied with the duty of candour, to report the matter to the Secretary;".
20Referred complaints
After section 233(1)(e) of the Mental Health Act 2014 insert—
"(ea)the Secretary, if the complaint concerns a failure to comply with the duty of candour;".
21Disclosure of information
After section 265(1A)(a) of the Mental Health Act 2014 insert—
"(ab)to the Secretary, if that information is or may be relevant to determining whether or not a mental health service provider or the Institute has complied with the duty of candour; or".
22Powers of the Institute
After section 331(3) of the Mental Health Act 2014 insert—
"(4)In performing its functions and exercising its powers, the Institute must comply with the duty of candour under Division 4.".
23Appointment of delegate to board
In section 339B(3)(b) of the Mental Health Act 2014, after "Institute" insert ", including compliance with the duty of candour under Division 4".
24New Division 4 in Part 14 inserted
After Division 3 of Part 14 of the Mental Health Act 2014 insert—
"Division 4—Duty of candour
345ADefinitions
(1)In this Part—
apology means an expression of compassion, regret or sympathy in connection with any matter, whether or not the apology admits or implies an admission of fault in connection with the matter;
civil proceeding includes—
(a)a proceeding before a tribunal; and
(b)a proceeding under an Act regulating the practice or conduct of a profession or occupation; and
(c)a proceeding of a Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown; and
(d)a proceeding of a Board of Inquiry or Formal Review established under the Inquiries Act 2014;
serious adverse patient safety event has the same meaning as in the Health Services Act 1988;
Victorian Duty of Candour Guidelines means the guidelines made under section 128ZF of the Health Services Act 1988.
345BDuty of candour
(1)If a patient suffers a serious adverse patient safety event in the course of receiving mental health services from the Institute, the Institute owes a duty of candour to the patient and must do the following unless the patient has opted out in accordance with subsection (2)—
(a)provide the patient with—
(i)a written account of the facts regarding the serious adverse patient safety event; and
(ii)an apology for the harm suffered by the patient; and
(iii)a description of the Institute's response to the event; and
(iv)the steps that the Institute has taken to prevent re-occurrence of the event; and
(v)any prescribed information; and
(b)comply with any steps set out in the Victorian Duty of Candour Guidelines.
(2)A patient referred to in subsection (1) may choose not to receive information in accordance with this Division by providing the Institute with a signed statement.
(3)A patient who has signed a statement in accordance with subsection (2) may later elect to receive information under subsection (1).
345CApology not admission of liability
(1)In a civil proceeding where the death or injury of a person is in issue or is relevant to an issue of fact or law, an apology does not constitute—
(a)an express or implied admission of liability for the death or injury; and
(b)is not relevant to the determination of fault or liability in connection with that proceeding.
(2)Subsection (1) applies whether the apology—
(a)is made orally or in writing; or
(b)is made before or after the civil proceeding was in contemplation or commenced.
(3)Evidence of an apology made by or on behalf of a person or the Institute in connection with any matter alleged to have been caused by the person or the Institute is not admissible in any civil or disciplinary proceedings as evidence of the fault or liability of the person or the Institute in connection with that matter.
(4)Nothing in this section affects the admissibility of a statement with respect to a fact in issue or tending to establish a fact in issue.
345DNon-compliance with duty of candour
The Minister or the Secretary may take into account the failure of the Institute to comply with the duty of candour when assessing the following matters under this Act—
(a)whether the Institute provides safe, patient-centred and appropriate mental health services;
(b)the quality and safety of mental health services provided by the Institute.".
Division 3—Amendment of Health Complaints Act 2016
25Complaint by person who received or sought a health service
After section 5(1)(d) of the Health Complaints Act 2016 insert—
"(da)any failure by the provider to comply with the duty of candour under Part 5A of the Health Services Act 1988; or".
26Complaint about health service received or sought by another person
After section 6(1)(d) of the Health Complaints Act 2016 insert—
"(da)any failure by the provider to comply with the duty of candour under Part 5A of the Health Services Act 1988 with respect to the provision of a health service to another person; or".
27Complaint by carer
After section 7(1)(a) of the Health Complaints Act 2016 insert—
"(ab)any unreasonable treatment of the carer by the provider in the course of complying or failing to comply with the duty of candour under Part 5A of the Health Services Act 1988 in relation to the person cared for by the carer; or".
28Functions and powers of the Commissioner
In section 118(1)(l) of the Health Complaints Act 2016, after "this Act" insert ", including findings relating to the compliance of the health service provider with the duty of candour under Part 5A of the Health Services Act 1988;".
29Non-disclosure of information—investigations, complaint data reviews
(1)After section 150(2)(b)(iii) of the Health Complaints Act 2016 insert—
"(iiia)the Commissioner becomes aware, other than through a conciliation process, that a health service provider has not complied with the duty of candour under Part 5A of the Health Services Act 1988, to report the matter to the Secretary;".
Division 4—Statute law revision amendments
30Strategic plans
In section 115NA(1) of the Principal Act, for "(a) to submit" substitute "(b) to submit".
31Interpretation: health service establishment
In section 4 of the Principal Act, for "from,," substitute "from,".
32Certificate of registration
In section 85(a) of the Principal Act, for "carried at" substitute "carried on at".
Part 5—Repeal of amending Act
33Repeal of this Act
This Act is repealed on the first anniversary of the first day on which on which all of its provisions are in operation.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 1 December 2021
Legislative Council: 10 February 2022
The long title for the Bill for this Act was "A Bill for an Act to amend the Health Services Act 1988 to provide for the appointment of a Chief Quality and Safety Officer, to provide for quality and safety reviews of health service entities, to create a new statutory duty of candour for health service entities, to amend the Public Health and Wellbeing Act 2008 to confer additional functions on the Victorian Perioperative Consultative Council, to make consequential and miscellaneous amendments to the Ambulance Services Act 1986, the Mental Health Act 2014 and the Health Complaints Act 2016 and for other purposes."
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