Health Legislation Amendment Regulation (No. 1) 2017 (Qld)

Part 1    Preliminary

1   Short title

This regulation may be cited as the Health Legislation Amendment Regulation (No. 1) 2017.

Part 2    Amendment of Ambulance Service Regulation 2015

2   Regulation amended

This part amends the Ambulance Service Regulation 2015.

3   Insertion of new s 5A

After section 5—
insert—

5A   Exemption for Commonwealth Games family members

(1)Despite section 5(1), a fee, stated in schedule 1, for the use of an ambulance service, is not payable by a non-exempt person if—

(a)the person is a Commonwealth Games family member; and

(b)the use of the ambulance service happens on or after 20 March 2018.

(2)This section expires on 18 April 2018.

(3)In this section—

accredited means accredited by the Gold Coast 2018 Commonwealth Games Corporation.

Commonwealth Games means the Gold Coast 2018 XXI Commonwealth Games.

Commonwealth Games family member means a person who is an accredited participant in, an accredited official of, or an accredited member of a delegation to, the Commonwealth Games.

Part 3    Amendment of Hospital and Health Boards Regulation 2012

4   Regulation amended

This part amends the Hospital and Health Boards Regulation 2012.

5   Relocation of ss 34A and 34B

Sections 34A and 34B—
relocate to part 8.

6   Replacement of pt 8, hdg (Miscellaneous)

Part 8, heading—
omit, insert—

Part 8    Confidentiality

7   Insertion of new s 34C

Part 8—
insert—

34C   Prescribed designated person—Act, s 139A

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

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

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

8   Amendment of s 35 (Disclosure of confidential information for purposes relating to health services)

(1)Section 35(1)—
insert—

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

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

(2)Section 35(3)—
insert—

relevant asplenic patient means a person with—

(a)asplenia; or

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

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

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

9   Insertion of new part heading

Before section 37—
insert—

Part 8A    Miscellaneous

10   Amendment of sch 1 (Hospital and Health Services)

(1)Schedule 1, entry for Children’s Health Queensland, column 2, ‘Royal’—
omit, insert—

Lady Cilento

(2)Schedule 1, entry for Metro North, column 2, second paragraph, first dot point—
omit.

(3)Schedule 1, entry for Metro South, column 2, second paragraph—
insert—

•the Lady Cilento Children’s Hospital

11   Amendment of sch 3 (Agreements)

Schedule 3, part 1—
insert—

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

12   Amendment of sch 6 (Dictionary)

Schedule 6—
insert—

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

Part 4    Amendment of Public Health Regulation 2005

13   Regulation amended

This part amends the Public Health Regulation 2005.

14   Replacement of s 12AA (Prescribed agreements—Act, s 84(1)(a)(i)(B))

Section 12AA—
omit, insert—

12AA   Prescribed agreements—Act, s 84(1)

(1)Each agreement mentioned in schedule 3, part 1, division 1 is prescribed for section 84(1)(a)(i)(B) of the Act.

(2)Each agreement mentioned in schedule 3, part 1, division 2 is prescribed for section 84(1)(b)(i)(B) of the Act.

15   Relocation of s 14 (Prescribed agreements—Act, s 226(1)(a)(i)(B))

Section 14—
relocate to part 3.

16   Replacement of pts 3A and 4

Parts 3A and 4—
omit, insert—

Part 4    Maternal death statistics

14A   Notifications about maternal death statistics—Act, s 228F

For section 228F(2) of the Act, a notification must be given within 60 days after the health professional becomes aware of the death.

Note—

The approved form for the notification is available on the department’s website.

14B   Prescribed agreements—Act, s 228O(1)(a)(i)(B)

Each agreement mentioned in schedule 3, part 3 is prescribed for section 228O(1)(a)(i)(B) of the Act.

17   Amendment of s 17 (Prescribed agreements—Act, s 244(1)(a)(i)(B))

Section 17, ‘part 3’—
omit, insert—

part 4

18   Amendment of sch 1 (Notifiable conditions)

Schedule 1—
insert—

zika virus •

19   Amendment of sch 3 (Agreements)

(1)Schedule 3, authorising section, ‘14’—
omit, insert—

14, 14B

(2)Schedule 3, part 1—
omit, insert—

Part 1    Confidentiality of information relating to notifiable conditions

Division 1 Agreements with Commonwealth, State or entity

•The agreement dated 5 May 2008 called, ‘Confidentiality agreement between State of Queensland acting through Queensland Health and the University of Melbourne’.

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

Division 2 Agreements with State entity

•The agreement called ‘Memorandum of Understanding Exchange of information regarding Notifiable Conditions’ between Queensland acting through the Department of Natural Resources and Mines and Queensland acting through Queensland Health.

•The agreement called ‘Memorandum of Understanding Exchange of information regarding Notifiable Conditions’ between Queensland acting through Queensland Treasury and Queensland acting through Queensland Health.

•The agreement called ‘Memorandum of Understanding for disclosure of confidential information between State of Queensland acting through Queensland Health and Queensland Family and Child Commission’.

(3)Schedule 3, part 2, heading, ‘Health information’—
omit, insert—

Confidentiality of information relating to perinatal statistics

(4)Schedule 3, part 2, first dot point—
omit, insert—

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

(5)Schedule 3—
insert—

Part 2A    Confidentiality of information relating to maternal death statistics

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

•Intergovernmental Agreement on Federal Financial Relations, the schedules and any agreements under the schedules, as amended from time to time, between the Commonwealth of Australia and the States and Territories of Australia, commenced 1 January 2009

(6)Schedule 3, part 3—
omit, insert—

Part 3    Confidentiality of information relating to cancer notifications

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

(7)Schedule 3, parts 2A and 3—
renumber as schedule 3, parts 3 and 4.

20   Amendment of sch 4 (Dictionary)

Schedule 4—
insert—

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