Health Ombudsman Act 2013 (Qld)

Health Ombudsman Act 2013

An Act to establish a health ombudsman and to provide for a system for dealing with complaints and other matters relating to the health, conduct or performance of health practitioners and the services provided by health service organisations

Part 1    Preliminary

1   Short title

This Act may be cited as the Health Ombudsman Act 2013.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Main objects

(1)The main objects of this Act are—

(a)to protect the health and safety of the public; and

(b)to promote—

(i)professional, safe and competent practice by health practitioners; and

(ii)high standards of service delivery by health service organisations; and

(c)to maintain public confidence in the management of complaints and other matters relating to the provision of health services.

(2)The objects are to be achieved mainly by establishing a transparent, accountable and fair system for effectively and expeditiously dealing with complaints and other matters relating to the provision of health services, including by—

(a)establishing the health ombudsman with the functions set out in section 25; and

(b)providing for the effective and efficient interaction of this Act and the National Law; and

(c)providing for the system to be effectively monitored by the Minister and the parliamentary committee.

4   Paramount guiding principle

(1)The main principle for administering this Act is that the health and safety of the public are paramount.

(2)Without limiting subsection (1), the health and safety of the public is the main consideration for—

(a)the health ombudsman, when deciding what relevant action to take to deal with a complaint or other matter; and

(b)the director of proceedings, when deciding whether to refer a matter to QCAT; and

(c)QCAT, when deciding a matter referred to it under this Act.

5   Act binds all persons

(1)This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.

(2)Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.

6   Dictionary

The dictionary in schedule 1 defines particular words used in this Act.

7   Meaning of health service

(1)

A health service is a service that is, or purports to be, a service for maintaining, improving, restoring or managing people’s health and wellbeing.

(2)A health service may be provided to a person at any place including a hospital, residential care facility, community health facility or home.

(3)A health service includes a support service for a service mentioned in subsection (1).

(4)Also, without limiting subsection (1), a health service includes—

(a)a service dealing with public health, including a program or activity for—

(i)the prevention and control of disease or sickness; or

(ii)the prevention of injury; or

(iii)the protection and promotion of health; and

Example of health service mentioned in paragraph (a)—

a…