Health Rights Commission Act 1991 (Qld)

HEALTH RIGHTS COMMISSION ACT 1991

Queensland HEALTH RIGHTS COMMISSION ACT 1991 Reprinted as in force on 1 July 2003 (includes commenced amendments up to 2003 Act No. 27) Reprint No. 5A This reprint is prepared by the Ofﬁce of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 July 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is speciﬁc to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland HEALTH RIGHTS COMMISSION ACT 1991 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5 Crown bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6 Report after 2 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 2—HEALTH RIGHTS COMMISSION 7 Establishment of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8 Application of various public sector Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9 Appointment of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10 Commissioner’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11 Commissioner’s independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 12 Qualiﬁcations for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Disqualiﬁcations from appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 14 Terms and conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 15 Period of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 16 Preservation of rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 17 Vacancy in commissioner’s ofﬁce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 Removal or suspension of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 Grant of leave to commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 Acting commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 21 Crown and commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 22 Commission ofﬁcers employed under Public Service Act . . . . . . . . . . . . . . 19

2 Health Rights Commission Act 1991 23 Commissioner’s power to delegate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 24 Commissioner may appoint authorised persons . . . . . . . . . . . . . . . . . . . . . . 19 25 Commissioner may issue identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 26 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 27 Cooperation with interested organisations . . . . . . . . . . . . . . . . . . . . . . . . . . 21 28 Assistance to providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 29 Commissioner’s general power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 30 Commissioner’s procedures informal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 31 Minister’s directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 32 Minister may direct inquiry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 33 Commission’s budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 34 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 35 Special report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 36 Response to adverse comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART 3—DEVELOPMENT OF CODE 37 Code of Health Rights and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . 25 38 Consultation on code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 39 Content of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 4—HEALTH RIGHTS ADVISORY COUNCIL 40 Establishment of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 41 Council’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 42 Commissioner to report to council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 43 Council’s general power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 44 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 45 Vacation of member’s ofﬁce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 46 Removal of member from ofﬁce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 47 President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 48 Vacation of president’s ofﬁce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 49 Removal of president from ofﬁce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 50 Minister to appoint to vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 51 Council meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 52 Minister may call meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

3 Health Rights Commission Act 1991 53 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 54 Dissenting opinion to be reported . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 55 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 56 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 5—COMPLAINTS Division 1—Health service complaints 57 Health service complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 58 Commissioner may deal with complaint as 2 or more complaints . . . . . . . . 32 59 Who may complain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 60 Complaints about persons who are no longer registered providers. . . . . . . . 34 61 Representative complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 62 How to make a health service complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 63 Oral complaints to be conﬁrmed in writing. . . . . . . . . . . . . . . . . . . . . . . . . . 36 64 Complainant to reveal identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 65 Further information from complainant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 66 Commissioner may require afﬁdavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 2—Assessment of health service complaints 67 Commissioner to immediately assess all health service complaints . . . . . . . 37 68 Commissioner may refer complaint to registration board without assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 69 Notices of decision to assess complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 70 Submissions about health service complaint. . . . . . . . . . . . . . . . . . . . . . . . . 39 71 Assessment of complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 72 Notice of assessment decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 73 Action on acceptance of complaint about provider other than registered provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 74 Action on acceptance of complaint about registered provider . . . . . . . . . . . 42 75 Conciliation of complaints referred under s 74 . . . . . . . . . . . . . . . . . . . . . . . 44 76 Time limit on assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 77 Duty to immediately refer certain complaints to registration board . . . . . . . 45 78 Commissioner’s powers during assessment . . . . . . . . . . . . . . . . . . . . . . . . . 46 79 Decisions not to take action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

4 Health Rights Commission Act 1991 Division 3—General 80 General powers to gather information and facilitate resolution of complaints ........................................... PART 6—CONCILIATION 81 Appointment of conciliator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Conciliators functions exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Conciliation to be separately performed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Conciliation function. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Public interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Progress reports from conciliator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Results report from conciliator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Action on report of unsuccessful conciliation. . . . . . . . . . . . . . . . . . . . . . . . 89 Enforceable agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Commissioner may end conciliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Conciliation privileged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Conﬁdentiality of conciliation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Professional mentor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Administrative support staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7—INVESTIGATION Division 1—Commissioner’s investigations 95 Commissioner’s investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Notice to provide information or a record. . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Oral information on oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Retention and copying of provided record . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Offence not to provide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Reference to another entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Investigation by other entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Commissioner’s powers not affected by reference . . . . . . . . . . . . . . . . . . . . Division 2—Inquiry hearing 104 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Oral hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Failure of witness to attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 49 49 50 50 50 51 51 51 52 52 53 53 54 54 55 55 56 56 56 57 57 57 58 58 58 58

5 Health Rights Commission Act 1991 107 Refusal of witness to cooperate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Contempt of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Application of Criminal Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Premises powers 111 Power limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Identity card to be produced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Entry and search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 General powers of authorised person in relation to premises . . . . . . . . . . . . 116 Warrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—False or misleading information 117 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 False or misleading record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5—Privilege 120 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Witness privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Claim of unjustiﬁable exercise of power. . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Supreme Court applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6—Action on investigation 124 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Commissioner’s reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 To whom reports may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Response to adverse comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8—REGISTRATION BOARDS 128 Information from registration board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Registration board may ask commissioner for information . . . . . . . . . . . . . 130 Commissioner may intervene in disciplinary proceedings . . . . . . . . . . . . . . PART 9—GENERAL 131 Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Record copy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Dispensing with notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 59 59 60 60 60 60 62 63 64 64 64 65 65 65 66 66 66 67 67 68 68 68 69 69 69

6 Health Rights Commission Act 1991 134 Commissioner may give combined notice . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Commissioner may provide information. . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Investigation despite proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Giving of information protected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Reports privileged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Preservation of conﬁdentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Unlawful reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Indemnity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Proceedings for offences generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Proceedings for indictable offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Change to committal proceeding during summary proceeding. . . . . . . . . . . 148 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 10—TRANSITIONAL AND OTHER PROVISIONS 149 Transitional for Health Rights Commission Act 1991 (Act No. 88 of 1991) 150 Transitional for Health Practitioners (Professional Standards) Act 1999 . . . 151 Validating provision for Health and Other Legislation AmendmentAct 2003 .............................................. SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . HEALTH SERVICES SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . DECLARED REGISTRATION BOARDS 70 70 70 70 71 71 72 72 74 74 75 75 75 76 76 77 77 78 79 81 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 82 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

7 Health Rights Commission Act 1991 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 8 Table of renumbered provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

s1 9 s3 Health Rights Commission Act 1991 HEALTH RIGHTS COMMISSION ACT 1991 [as amended by all amendments that commenced on or before 1 July 2003] An Act to provide for independent review and conciliation with respect to services provided by health service providers to health service users and for improvements to those services PART 1—PRELIMINARY 1 Short title This Act may be cited as the Health Rights Commission Act 1991 . 2 Commencement This Act commences on a day to be ﬁxed by proclamation. 3 Deﬁnitions (1) In this Act— “action” includes further action. “authorised person” means— (a) the commissioner; or (b) a person authorised by the commissioner under section 24. “commission” means the Health Rights Commission established under section 7. “commissioner” means the Health Rights Commissioner appointed under section 9. “complainant” means— (a) a person who makes a health service complaint; or

s 3 10 s 3 Health Rights Commission Act 1991 (b) a person substituted, under section 61(5), for a person mentioned in paragraph (a). “conciliation” means the process of conciliation under part 6. “conciliator” means a person appointed as a conciliator under section 81. “council” means the Health Rights Advisory Council established under section 40. “detriment” includes— (a) personal injury or prejudice to safety; and (b) property damage or loss; and (c) intimidation or harassment; and (d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and (e) threats of detriment; and (f) ﬁnancial loss from detriment. “disciplinary body” means— (a) a disciplinary committee; or (b) the Health Practitioners Tribunal; or (c) the professional conduct committee; or (d) a professional conduct review panel; or (e) a registration board acting under the HealthPractitioners(Professional Standards) Act 1999 . “disciplinary committee” means a disciplinary committee established under the HealthPractitioners(ProfessionalStandards)Act1999 , section 128(1)(b). “Health Complaints Unit” means the Health Complaints Unit maintained within the department immediately before the commencement of this Act. “Health Practitioners Tribunal” means the Health Practitioners Tribunal established under the HealthPractitioners(ProfessionalStandards)Act 1999 , section 26. “health responsibilities” means the responsibilities of a provider in relation to the provision of a health service.

s 3 11 s 3 Health Rights Commission Act 1991 “health rights” means the rights of an individual relating to the provision of a health service. “health service” means— (a) a service provided to an individual for, or purportedly for, the beneﬁt of human health— (i) including services speciﬁed in schedule 1, part 1; but (ii) excluding services speciﬁed in schedule 1, part 2; or (b) an administrative service directly related to a health service; or (c) a decision or action mentioned in subsection (3). “health service complaint” means a complaint mentioned in section 57. “industrial organisation” means a body registered as an industrial organisation, or a body whose registration was continued or preserved, under the Industrial Relations Act 1999 . “inquiry” means an inquiry that the Minister has directed the commissioner under section 32 to conduct. “inquiry hearing” means an oral hearing conducted before the commissioner for the purpose of an inquiry. “inquiry matter” means a matter on which the Minister has directed the commissioner to conduct an inquiry. “investigate” includes examine, consider or take action. “notice” means written notice. “obstruct” includes— (a) assault, threaten, abuse, insult, intimidate or hinder; and (b) attempt to obstruct. “possession” , in relation to a person having something in possession, means possession or control in any place— (a) whether for the use or beneﬁt of the person in relation to whom the term is used or another person; and (b) whether or not another person has actual possession or custody. “premises” includes any— (a) building; or (b) land or place, whether or not enclosed.

s 3 12 s 3 Health Rights Commission Act 1991 “professional conduct committee” means the Professional Conduct Committee established under the Nursing Act 1992 , section 84. “professional conduct review panel” means a professional conduct review panel established under the Health Practitioners (ProfessionalStandards) Act 1999 , section 15. “provider” means— (a) a person who provides a health service; or (b) a registered provider. “record” includes— (a) any information or document, however compiled, recorded or stored; and (b) a copy of a record mentioned in section 132. “register” includes— (a) to enrol; and (b) to issue a certiﬁcate, approval, licence or other instrument granting or recognising a person’s qualiﬁcation as a practitioner of any health service. “registered provider” means a person registered by a registration board. “registration board” means a body established under an Act administered by the Minister that has the function to register, or to suspend or cancel the registration of, practitioners of any kind of health service, and includes a body specified in schedule 2. “reprisal” means conduct causing detriment. “user” means an individual who uses or receives a health service. (2) A person is not taken to be a user merely because the person has arranged a health service for another person. (3) The commissioner may, with the written approval of the Minister, decide to treat a decision or action of an officer or employee of the department as if it were a health service. (4) A decision made for the purpose of subsection (3) may be made with respect to a particular decision, action or officer or a class of decision, action or officer.

s 4 13 s 5 Health Rights Commission Act 1991 (5) For the purpose of a duty imposed by this Act on a person to take an oath or make an affidavit to verify information, the oath or affidavit the person is to take or make is an oath or affidavit that the information is true. 4 Objectives The principal objectives of this Act are— (a) to provide for oversight, review and improvement of health services by establishing an accessible, independent facility that will— (i) preserve and promote health rights; and (ii) receive and resolve health service complaints; and (iii) enable users and providers to contribute to the review and improvement of health services; and (iv) provide education and advice in relation to health rights and responsibilities and the resolution of complaints about health services, whether or not made under this Act; and (v) assist users and providers to resolve health service complaints; and (b) to provide for the development of a Code of Health Rights and Responsibilities; and (c) to provide for the appointment, functions and powers of a Health Rights Commissioner; and (d) to provide for the establishment, functions and operation of a Health Rights Advisory Council. 5 Crown bound (1) This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities. (2) The Crown is not liable to a penalty for a contravention of this Act. (3) However, a servant or agent of the Crown who contravenes this Act is liable to a penalty prescribed by this Act in relation to the contravention.

s 6 14 s 8 Health Rights Commission Act 1991 6 Report after 2 years (1) As soon as practicable after this Act has been in operation for 2 years, the Minister is to prepare and table in the Legislative Assembly a report on— (a) the performance of the commission; and (b) the development of the Code of Health Rights and Responsibilities; and (c) the operation of this Act generally. (2) The report is to contain the Minister’s recommendations on issues raised in the report. PART 2—HEALTH RIGHTS COMMISSION 7 Establishment of commission (1) A facility called the Health Rights Commission is established. (2) The Health Rights Commission is to comprise— (a) the Health Rights Commissioner; and (b) ofﬁcers of the commission. 8 Application of various public sector Acts (1) The commission is— (a) a unit of public administration under the Crime and MisconductAct 2001 and the Electoral and Administrative Review Act 1989 ; and (b) a statutory body for the purpose of the Financial Administrationand Audit Act 1977 . (2) Under the StatutoryBodiesFinancialArrangementsAct1982 , the commission is a statutory body.

s 9 15 s 10 Health Rights Commission Act 1991 (3) The Statutory Bodies Financial Arrangements Act 1982 , part 2B 1 sets out the way in which the commission’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . 9 Appointment of commissioner The Governor in Council may appoint a person to be the Health Rights Commissioner. 10 Commissioner’s functions The functions of the commissioner are— (a) to identify and review issues arising out of health service complaints; and (b) to suggest ways of improving health services and of preserving and increasing health rights; and (c) to provide information, education and advice in relation to— (i) health rights and responsibilities; and (ii) procedures for resolving health service complaints; and (d) to receive, assess and resolve health service complaints; and (e) to encourage and assist users to resolve health service complaints directly with providers; and (f) to assist providers to develop procedures to effectively resolve health service complaints; and (g) to conciliate or investigate health service complaints; and (h) to inquire into any matter relating to health services at the Minister’s request; and (i) to advise and report to the Minister on any matter relating to health services or the administration of this Act; and (j) to provide advice to the council; and (k) to provide information, advice and reports to registration boards; and 1 Statutory Bodies Financial Arrangements Act 1982 , part 2B (Powers under this Act and relationship with other Acts)

s 11 16 s 13 Health Rights Commission Act 1991 (l) to perform functions and exercise powers conferred on the commissioner under any Act. 11 Commissioner’s independence In performing functions of ofﬁce mentioned in section 10(a) to (k), the commissioner is to act independently, impartially and in the public interest. 12 Qualiﬁcations for appointment (1) In the selection of a person to be appointed as commissioner, regard is to be had to the person’s knowledge, experience or demonstrated interest in relation to— (a) health services; and (b) the resolution of disputes; and (c) the needs of users; and (d) the needs of providers; and (e) the aspirations, values and special needs of special needs groups. (2) In this section— “special needs groups” means particular classes of persons who, because of the nature of the classes to which they belong, may suffer disadvantage in the provision of health services unless their special needs are recognised and given attention, and includes for example— (a) Aborigines and Torres Strait Islanders; and (b) persons with disabilities; and (c) persons who— (i) can not communicate in English; or (ii) have difﬁculty in communicating in English; or (iii) have a cultural background signiﬁcantly different to that which generally applies in the community. 13 Disqualiﬁcations from appointment (1) A person who is— (a) a registered provider; or

s 14 17 s 16 Health Rights Commission Act 1991 (b) a current member of a professional association of health service providers; is not qualiﬁed to be appointed as commissioner. (2) For the purpose of subsection (1)(b), a professional association of health service providers does not include— (a) an industrial organisation; or (b) an association of health administrators. 14 Terms and conditions of appointment (1) Subject to this Act, the terms and conditions of appointment of a person as commissioner are to be determined by the Governor in Council. (2) The commissioner is to be appointed under this Act, and not under the Public Service Act 1996 . 15 Period of appointment A person may be appointed as commissioner for up to 5 years. 16 Preservation of rights (1) This section applies if a person who is an officer of the public service is appointed as commissioner. (2) The person— (a) retains all rights that have accrued to the person because of employment as an ofﬁcer of the public service; and (b) is entitled to all rights that would accrue in the future to the person if the person’s service as commissioner were service as an ofﬁcer of the public service. (3) If the person has not attained 65 years at the end of the person’s term of office or resignation— (a) the person is entitled to be appointed to an ofﬁce in the public service at a salary level not less than the salary level, at that time, of an ofﬁce equivalent to the one the person held before being appointed as commissioner; and

s 17 18 s 18 Health Rights Commission Act 1991 (b) the person’s service as commissioner is to be regarded as service in the public service for the purpose of determining the person’s rights as an ofﬁcer of the public service. 17 Vacancy in commissioner’s ofﬁce The ofﬁce of commissioner becomes vacant if the commissioner— (a) dies; or (b) resigns ofﬁce by signed notice given to the Minister; or (c) becomes a registered provider or a member of a professional association of health service providers mentioned in section 13(1)(b); 2 or (d) is removed from ofﬁce under section 18. 18 Removal or suspension of commissioner (1) The Governor in Council may remove a person from office as commissioner if the person— (a) becomes bankrupt or takes advantage, as a debtor, of the laws relating to bankrupt or insolvent debtors; or (b) is convicted in Queensland of an indictable offence or is convicted elsewhere in respect of an act or omission that, if it happened in Queensland, would constitute an indictable offence; or (c) is guilty of misconduct, neglect of duty or incompetence; or (d) becomes mentally or physically incapable of performing satisfactorily the duties of ofﬁce. (2) For the purpose of inquiring into a matter that may warrant the removal of a person from office as commissioner, the Governor in Council may suspend the person from office for a period of not more than 6 months. 2 Section 13 (Disqualiﬁcations from appointment)

s 19 19 s 24 Health Rights Commission Act 1991 19 Grant of leave to commissioner The Minister may grant leave of absence to the commissioner on terms and conditions the Minister considers appropriate. 20 Acting commissioner (1) The Governor in Council may appoint a person to act as commissioner— (a) during a vacancy in ofﬁce; or (b) during a period or all periods when the commissioner is absent from duties or from the State or is, for any reason, unable to satisfactorily perform the duties of ofﬁce. (2) Sections 14 and 16 3 apply in relation to the appointment of a person to act as commissioner as they apply to the appointment of a person as commissioner. 21 Crown and commissioner The commissioner represents the Crown. 22 Commission ofﬁcers employed under Public Service Act The ofﬁcers of the commission are to be employed under the PublicService Act 1996 . 23 Commissioner’s power to delegate The commissioner may delegate to a commission ofﬁcer any of the commissioner’s powers, other than those under part 6. 4 24 Commissioner may appoint authorised persons (1) The commissioner may authorise a person mentioned in subsection (3) to exercise a power conferred by this Act on an authorised person. 3 Sections 14 (Terms and conditions of appointment) and 16 (Preservation of rights) 4 Part 6 (Conciliation)

s 25 20 s 26 Health Rights Commission Act 1991 (2) The authorisation may be general or specific as to— (a) the person or class of person who may exercise a power; or (b) the power or class of power that may be exercised. (3) An authorised person is to be— (a) a commission ofﬁcer; or (b) an ofﬁcer of the public service; or (d) an ofﬁcer of a public authority established under an Act administered by the Minister. (4) Before authorising a person mentioned in subsection (3)(b) or (d) to exercise a power conferred on an authorised person, the commissioner must obtain the approval of the chief executive of the public authority or department of which the person is an officer. 25 Commissioner may issue identity card (1) The commissioner may issue an identity card to an authorised person. (2) The identity card is to— (a) contain a recent photograph of the authorised person; and (b) be in a form approved by the commissioner. (3) If the authorised person ceases to be an authorised person, the person is to return the card to the commissioner as soon as practicable. Maximum penalty for contravention of this subsection—2 penalty units. 26 Committees (1) For the purpose of performing any of the commissioner’s functions, the commissioner— (a) may establish a committee of persons the commissioner considers appropriate; and (b) if directed to do so by the Minister—is to establish a committee in accordance with the Minister’s direction. (2) A member of a committee is to be paid the fees and allowances (if any) for service as a member that the Governor in Council determines.

s 27 21 s 30 Health Rights Commission Act 1991 27 Cooperation with interested organisations The commissioner is to— (a) maintain effective links with— (i) providers generally; and (ii) organisations that have a demonstrated interest in the provision of health services; and (b) consult and cooperate with any public authority that has a function to protect the rights of individuals in Queensland, including for example— (i) the ombudsman; and (ii) the Human Rights and Equal Opportunity Commission of the Commonwealth; and (iii) the Anti-Discrimination Commission. 28 Assistance to providers The commissioner may provide advice and assistance to providers in relation to the resolution of disputes or disagreements with users. 29 Commissioner’s general power The commissioner may do all things necessary or convenient to be done for the purpose of the commissioner’s functions. 30 Commissioner’s procedures informal (1) Subject to subsection (2), in performing a function and exercising a power, the commissioner— (a) is to proceed with as little formality and technicality, and with as much expedition, as is practicable; and (b) is not bound by rules or the practice of any court or tribunal as to evidence or procedure. (2) In performing a function and exercising a power, the commissioner is to have regard to the rules of natural justice.

s 31 22 s 32 Health Rights Commission Act 1991 31 Minister’s directions (1) The Minister may give a written direction to the commissioner— (a) to provide a report on a speciﬁed matter to the Minister; or (b) to establish a speciﬁed committee under section 26; or (c) to provide, or not provide, a report to the council under section 42(3); or (d) to investigate a health service complaint under part 7, including one made by the Minister; or (e) to intervene in disciplinary proceedings against a registered provider under section 130. (2) A direction may specify a period within which, or a way in which, a direction is to be complied with. (3) The commissioner is to comply with a direction despite section 11. 5 32 Minister may direct inquiry (1) The Minister may give the commissioner a written direction to conduct an inquiry in relation to a matter— (a) consisting in a health service complaint, including one made by the Minister; or (b) concerning the provision of a health service; or (c) concerning the use of premises for the reception, care or treatment of— (i) aged persons; or (ii) persons with a mental or physical illness; or (iii) persons with a disability; or (iv) persons in receipt of pensions, allowances or beneﬁts because of age, illness or disability. (2) Before giving the direction, the Minister is to consult with the commissioner for the purpose of determining the inquiry matter. 5 Section 11 (Commissioner’s independence)

s 33 23 s 34 Health Rights Commission Act 1991 (3) In determining the inquiry matter, the Minister is to state the purpose of the inquiry. (4) An inquiry matter is taken to include all matters arising directly or indirectly with respect to the matter. (5) The direction may include terms the Minister considers appropriate for the conduct of the inquiry, including for example— (a) the exclusion of a power under part 7 from being used for the purpose of the inquiry; or (b) the ﬁxing of a day by which a report of the progress of the inquiry is to be provided to the Minister; or (c) the ﬁxing of a day by which the inquiry is to be ﬁnished or a ﬁnal report is to be given to the Minister. (6) The commissioner is to comply with the direction despite section 11. 33 Commission’s budget (1) The commissioner must prepare and give to the Minister a draft budget for the commission for each financial year in the form and when the Minister directs. (2) The Minister must decide the commission’s budget for the financial year. (3) The commissioner must authorise spending only under the budget decided by the Minister unless the Minister otherwise directs. 34 Annual report (1) The commissioner is to include in each annual report prepared for the commission under section 46J of the Financial Administration and AuditAct 1977 — (a) information required by the Minister; and (b) a report of any direction given to the commissioner by the Minister that relates to the ﬁnancial year for which the report is prepared. (2) Subject to section 36, the commissioner may include in an annual report information, opinion and recommendations disclosing details of—

s 35 24 s 36 Health Rights Commission Act 1991 (a) health service complaints, inquiry matters and offences against this Act; or (b) the progress or results of investigations into health service complaints, inquiry matters or offences against this Act. 35 Special report (1) The commissioner may, at any time, give to the Minister a report providing information in relation to the activities of the commission. (2) Subject to section 36, the commissioner may include in the report information, opinion and recommendations disclosing details of— (a) health service complaints, inquiry matters or contraventions of this Act; or (b) results of investigations into health service complaints, inquiry matters or contraventions of this Act. (3) The Minister is to lay a copy of the report before the Legislative Assembly within 10 sitting days of receiving the report. 36 Response to adverse comment (1) In an annual report or a report given to the Minister under section 35, the commissioner is not to include comment adverse to a person or body identifiable from the report unless the person or body has been given a reasonable opportunity— (a) to make submissions to the commissioner in relation to the comment; and (b) to give a written statement to the commissioner in relation to the comment. (2) If the person or body who provides a written statement under subsection (1)(b) requests that the statement be included in the report, the commissioner is to include the statement, or a fair summary of the statement, in the report.

s 37 25 s 39 Health Rights Commission Act 1991 PART 3—DEVELOPMENT OF CODE 37 Code of Health Rights and Responsibilities (1) Within 3 years after the commencement of this Act, the commissioner is to develop a Code of Health Rights and Responsibilities for the consideration of the Minister. (2) The commissioner is to report to the Minister on the progress of the development of the code at intervals of not more than 1 year until it is given to the Minister for consideration. 38 Consultation on code In developing the Code of Health Rights and Responsibilities, the commissioner is to— (a) consult with the council; and (b) invite submissions from and consult with interested persons and bodies to the extent necessary to ensure that a wide range of views is available in the development of the code. 39 Content of code (1) In developing the Code of Health Rights and Responsibilities, the commissioner is to consider and make recommendations to the Minister, in relation to its content, application, enforcement and regular review. (2) In developing the content of the code, the commissioner— (a) may have regard to all matters relevant to the provision and use of health services; and (b) is to have regard to the principles mentioned in subsection (3). (3) The principles to which the commissioner is to have regard in determining the content of the code are— (a) that an individual should be entitled to participate effectively in decisions about the individual’s health; and (b) that an individual should be entitled to take an active role in the individual’s health care; and

s 40 26 s 41 Health Rights Commission Act 1991 (c) that an individual should be entitled to be provided with health services in a considerate way that takes into account the individual’s background, needs and wishes; and (d) that an individual who— (i) provides a health service; or (ii) provides care for another individual receiving a health service; should be given consideration and recognition for the contribution the individual makes to health care; and (e) that the conﬁdentiality of information about an individual’s health should be preserved; and (f) that an individual should be entitled to reasonable access to records concerning the individual’s health; and (g) that an individual should be entitled to reasonable access to procedures for the redress of grievances with respect to the provision of health services. PART 4—HEALTH RIGHTS ADVISORY COUNCIL 40 Establishment of council A council called the Health Rights Advisory Council is established. 41 Council’s functions The functions of the council are— (a) to advise the Minister in relation to— (i) the redress of grievances relating to health services; and (ii) the means of advising, educating and informing providers and users of health services; and (iii) the general operation of the commission; and (iv) any matter on which the Minister requests advice; and

s 42 27 s 44 Health Rights Commission Act 1991 (b) to advise the commissioner in relation to the redress of health service complaints generally; and (c) to refer matters relating to health service complaints to the commissioner for advice. 42 Commissioner to report to council (1) Subject to subsections (2) and (3), the commissioner, if requested to do so in writing by the council, is to report in writing to the council on any specified matter relating to the operation of the commission. (2) The commissioner may decline to provide the report and refer the request to the Minister for directions if the commissioner considers that the disclosure of the report to the council would be— (a) unlawful; or (b) in breach of conﬁdence; or (c) contrary to the public interest; or (d) detrimental to conciliation; or (e) detrimental to the performance of the commissioner’s functions. (3) The Minister is to consider the council’s request and— (a) if the Minister considers that the report should not be provided to the council for a reason mentioned in subsection (2)(a) to (e)—the Minister is to direct the commissioner in writing not to provide the report; and (b) in any other case—the Minister is to direct the commissioner in writing to provide the report. 43 Council’s general power Subject to this Act, the council may do all things necessary or reasonably required to be done in connection with, or incidental to, the discharge of its functions. 44 Membership of council (1) The council is to consist of 6 members namely— (a) 2 members appointed to represent the interests of providers; and

s 45 28 s 48 Health Rights Commission Act 1991 (b) 2 members appointed to represent the interests of users; and (c) 2 other members. (2) A member of the council is to be appointed by the Minister and holds office, subject to this Act, for the term specified in the instrument of appointment. 45 Vacation of member’s ofﬁce The ofﬁce of a member of the council becomes vacant— (a) if the member’s term of ofﬁce expires; or (b) if the member dies; or (c) if the member resigns by signed notice given to the Minister; or (d) if— (i) the member is absent, without reasonable cause, from 3 consecutive meetings of the council after being given notice of the meetings; and (ii) is not, within 6 weeks after the last meeting, excused by the council for the absence; or (e) if the member is removed from ofﬁce under section 46. 46 Removal of member from ofﬁce The Minister may remove a member of the council from ofﬁce as member for any reason the Minister considers sufﬁcient. 47 President (1) The Minister is to appoint 1 of the members of the council as president of the council. (2) The appointment may be by the instrument by which the person appointed as president is appointed as a member or by another instrument. 48 Vacation of president’s ofﬁce (1) The office of president becomes vacant if the president— (a) ceases to be a member of the council; or

s 49 29 s 51 Health Rights Commission Act 1991 (b) resigns ofﬁce as president by notice given to the Minister; or (c) is removed from ofﬁce as president under section 49. (2) The president may resign office as president without resigning office as a member of the council. 49 Removal of president from ofﬁce The Minister may remove a person from ofﬁce as president of the council for any reason the Minister considers sufﬁcient. 50 Minister to appoint to vacancies If a vacancy in the ofﬁce of a member or the president happens, the Minister is to appoint a person to the vacancy so that the council is constituted as required by sections 44 and 47. 51 Council meetings (1) The procedure— (a) for the calling of council meetings; and (b) for the conduct of business at council meetings; subject to this Act, is to be as determined by the council. (2) The president of the council or, in the absence of the president, a member chosen by the members present at the meeting to act as president, may preside at any meeting of the council. (3) Three members form a quorum at a meeting of the council. (4) A duly convened meeting of the council at which a quorum is present is competent to transact the business of the council and perform all its functions. (5) The person presiding at a meeting of the council, in the event of an equality of votes, has in addition to a deliberative vote, a second or casting vote. (6) A decision supported by a majority of the votes of the members present and voting at a meeting of the council is the decision of the council.

s 52 30 s 55 Health Rights Commission Act 1991 52 Minister may call meeting (1) The Minister may direct the council to convene a meeting in order to consider a matter specified by the Minister. (2) The council is to comply with the Minister’s direction. 53 Minutes The council is to keep written minutes of its meetings. 54 Dissenting opinion to be reported (1) A member of the council attending a meeting of the council who objects to a decision made at the meeting in relation to the provision of advice to the Minister on a matter may require the member’s objection, and the member’s reasons for the objection, to be— (a) recorded in the minutes of the meeting; and (b) reported in writing to the Minister when the advice is provided. (2) The council is to comply with the requirement. 55 Disclosure of interests (1) If a pecuniary interest of a member of the council in a matter that is to be considered by the council is such that it could conflict, or be seen to conflict, with the proper performance of the member’s duties of office, the member is to disclose the interest to the council. (2) The disclosure is to be made— (a) as soon as practicable after the relevant facts come to the member’s knowledge; and (b) at a meeting of the council. (3) A record of the disclosure is to be made in the minutes of the meeting. (4) Unless the council otherwise determines, the member is not— (a) to be present at the deliberations of the council concerning the matter; or (b) to take part in the council’s decision in relation to the matter.

s 56 31 s 57 Health Rights Commission Act 1991 (5) In this section— “pecuniary interest” means a direct or indirect pecuniary interest, but does not include an interest that a member holds in common with other members of a calling, or section of a calling, to which the member belongs. Maximum penalty—20 penalty units. 56 Fees and allowances A member of the council is to be paid the fees and allowances (if any) for services as a member that the Governor in Council determines. PART 5—COMPLAINTS Division 1—Health service complaints 57 Health service complaint (1) A complaint may be made to the commissioner— (a) that a provider has acted unreasonably by not providing a health service for a user; or (b) that a provider has acted unreasonably in the way of providing a health service for a user; or (c) that a provider has acted unreasonably in providing a health service for a user; or (d) that a provider has acted unreasonably by denying or restricting a user’s access to records relating to the user in the provider’s possession; or (e) that a provider has acted unreasonably in disclosing information in relation to a user; or (f) that a registered provider acted in a way that would provide a ground for disciplinary action against the provider under the Health Practitioners (Professional Standards) Act 1999 ; or

s 58 32 s 58 Health Rights Commission Act 1991 (g) that a provider acted in a way that would provide a ground for making a complaint against the provider under the Nursing Act1992 , section 102; 6 or (h) that a public or private body that provides a health service has acted unreasonably by— (i) not properly investigating; or (ii) not taking proper action in relation to; a complaint made to the body by a user about a provider’s action of a kind mentioned in paragraphs (a) to (g). (2) In determining for any purpose under this Act whether a provider has acted unreasonably as mentioned in subsection (1)(a) to (e) or (h), the commissioner is to have regard to— (a) the principles mentioned in section 39(3); 7 and (b) the generally accepted standards of health services expected of providers of that kind. 58 Commissioner may deal with complaint as 2 or more complaints (1) This section applies if— (a) a health service complaint is about more than 1 provider; or (b) a health service complaint contains more than 1 allegation about the same provider; or (c) a health service complaint is about more than 1 health service event involving the same health care provider; or (d) the health service complaint is a complaint that the commissioner otherwise reasonably believes should be dealt with as 2 or more complaints. Example for subsection (1)(a)— The health service complaint by the person is about the treatment received for the person’s broken leg from the person’s local medical practitioner and also a specialist medical practitioner at a public hospital. 6 Nursing Act 1992 , section 102 (Complaints concerning conduct) 7 Section 39 (Content of code)

s 58 33 s 58 Health Rights Commission Act 1991 Example for subsection (1)(b)— The health service complaint by the person is that in the course of an examination a physiotherapist touched the person inappropriately and failed to diagnose the person’s condition correctly. Example for subsection (1)(c)— The health service complaint by the person is that a week after attending a dentist in March for a ﬁlling, the ﬁlling fell out and 3 weeks after visiting the same dentist in July the same year for a check up, urgent dental work was required to remove another tooth that was in a state of advance decay and was not identiﬁed. (2) The commissioner may decide to deal with the complaint as if it were 2 or more complaints, including, for example, by dealing with it as— (a) separate complaints about more than 1 provider; or (b) if the complaint contains more than 1 allegation about the same provider, separate complaints for each allegation; or (c) separate complaints about more than 1 health service event. (3) If the commissioner decides to deal with a health service complaint as if it were 2 or more separate complaints, the commissioner must deal with the complaints (the “separate complaints” ) as if each of the separate complaints had been made as health service complaints under this part. (4) However, the commissioner must not conciliate a separate complaint until the commissioner has received— (a) for a complaint about a registered provider being dealt with by a registration board other than the Queensland Nursing Council—a notice about the complaint under the HealthPractitioners(Professional Standards) Act 1999 , section 383; 8 or (b) for a complaint about a registered provider being dealt with by the Queensland Nursing Council—a notice about the complaint under the Nursing Act 1992 , section 118A; 9 or (c) for a complaint about a registered provider being dealt with by another relevant entity—a report about the complaint under section 74(8); or 8 Health Practitioners (Professional Standards) Act 1999 , section 383 (Board to give notice to commissioner at end of dealing with complaint) 9 Nursing Act 1992 , section 118A (Council to give notice to commissioner at end of dealing with matter)

s 59 34 s 60 Health Rights Commission Act 1991 (d) for a complaint about another provider—a report about the complaint under section 73(5). (5) Subsection (4) does not apply if— (a) the provider has agreed to conciliation for the sole purpose of arranging a ﬁnancial settlement or other compensation with the user; and (b) the commissioner and the registration board or other entity conducting the investigation or disciplinary or other proceedings for the complaint from which the separate complaint was separated agree that the conciliation will not compromise or interfere with the investigation or disciplinary or other proceedings. (6) In this section— “health service event” means each occasion when a health service is provided. 59 Who may complain (1) A health service complaint may be made to the commissioner by— (a) the user; or (b) a person mentioned in section 61(1), (3) or (4) acting on behalf of the user; or (c) the Minister; or (d) if the commissioner considers that the public interest requires that a person other than a person mentioned in paragraph (a), (b) or (c) should be permitted to make a health service complaint—that person. (2) The Minister may make a health service complaint despite a previous health service complaint having been made in relation to the same matter by another person. 60 Complaints about persons who are no longer registered providers (1) This section applies if— (a) the commissioner receives a complaint about a person who was a registered provider; and

s 61 35 s 61 Health Rights Commission Act 1991 (b) the complaint relates to the conduct or practice of the person as a registered provider; and (c) the person is no longer registered. (2) The commissioner must deal with the complaint as if the complaint were a health service complaint about a registered provider. (3) This Act applies, with any necessary changes, to the person about whom the complaint was made as if a reference to a registered provider included the person. 61 Representative complaints (1) Subject to subsections (3) to (5), a health service complaint may only be made to the commissioner by a person acting on behalf of the user if the commissioner is satisfied that it would be difficult or impossible for the user to make the complaint personally. (2) The person making the health service complaint on behalf of the user is to be— (a) a person that the commissioner is satisﬁed has been chosen by the user; or (b) if the commissioner is satisﬁed that it would be difﬁcult or impossible for the user to choose anybody to make a complaint in the user’s place—a person the commissioner is satisﬁed has a sufﬁcient interest. (3) Any of the following persons may make a health service complaint on behalf of a user who has impaired capacity for a matter within the meaning of the Guardianship and Administration Act 2000 — (a) an attorney for the user under an enduring power of attorney, or advance health directive, under the Powers of Attorney Act 1998 ; (b) a statutory health attorney under the PowersofAttorneyAct 1998 ; (c) a guardian for the user under the GuardianshipandAdministration Act 2000 ; (d) the adult guardian under the GuardianshipandAdministrationAct 2000.

s 62 36 s 64 Health Rights Commission Act 1991 (4) Also, a health service complaint may be made by a person on behalf of a user, after the user’s death, if the commissioner is satisﬁed the person has a sufﬁcient interest. (5) A person may be substituted as the complainant for a health service complaint if— (a) the original complainant dies; and (b) the commissioner is satisﬁed the person has a sufﬁcient interest. 62 How to make a health service complaint A person may make a health service complaint to the commissioner— (a) orally, either in person or by any form of distance communication; or (b) in writing given to the commissioner. 63 Oral complaints to be conﬁrmed in writing (1) If a person makes a health service complaint orally to the commissioner, the commissioner is to require the person to confirm the complaint in writing unless the person satisfies the commissioner that there is good reason that the complaint need not be confirmed in writing. (2) The commissioner is to fix a reasonable time within which the health service complaint is to be confirmed in writing. 64 Complainant to reveal identity (1) A complainant is to provide to the commissioner— (a) the complainant’s name and address; and (b) other information relating to the complainant’s identity that the commissioner may reasonably require; unless subsection (3) applies. (2) The commissioner may choose to keep information provided by a complainant under subsection (1) confidential if— (a) there are special circumstances; and (b) the commissioner thinks it is in the complainant’s interests to do so.

s 65 37 s 67 Health Rights Commission Act 1991 (3) The commissioner may accept an anonymous health service complaint in the public interest. 65 Further information from complainant The commissioner may request a complainant to provide more information about the complaint within a reasonable time ﬁxed by the commissioner. 66 Commissioner may require afﬁdavit The commissioner may at any time require a health service complaint or information provided by a complainant to be veriﬁed by the complainant by oath or afﬁdavit. Division 2—Assessment of health service complaints 67 Commissioner to immediately assess all health service complaints (1) The commissioner must immediately assess a health service complaint. (2) However, the commissioner must not start the assessment until— (a) the commissioner is satisﬁed the complainant is eligible to make the complaint under section 59 or 61; 10 and (b) if the complaint was made orally—the complainant conﬁrms it in writing or the commissioner decides under section 63(1) that there is good reason that the complaint need not be conﬁrmed in writing; and (c) the complainant provides the commissioner with the information required under section 64(1) or the commissioner decides to accept the complaint under section 64(3); and (d) if the commissioner requests further information about the complaint under section 65 or requires the complaint or further 10 Section 59 (Who may complain) or 61 (Representative complaints)

s 68 38 s 69 Health Rights Commission Act 1991 information to be veriﬁed by afﬁdavit under section 66—the complainant complies with the request or requirement. (3) Also, this section is subject to sections 68 and 77. 11 68 Commissioner may refer complaint to registration board without assessment (1) This section applies if— (a) the commissioner receives a health service complaint about a registered provider; and (b) the commissioner considers that it is in the public interest for the complaint to be immediately referred to the registered provider’s registration board; and (c) after consulting with the registration board about the complaint, the board agrees it is in the public interest for the board to immediately deal with the complaint. (2) The commissioner— (a) must refer the health service complaint to the registered provider’s registration board; and (b) must not take any further action in relation to the complaint. (3) If the commissioner refers the complaint to the registered provider’s registration board, the commissioner must give written notice of the referral to the complainant and the registered provider within 14 days after the referral. 69 Notices of decision to assess complaint (1) Within 14 days of starting the assessment of a health service complaint, the commissioner must give notice that the complaint is being assessed to— (a) the complainant; and (b) the provider to whom the complaint relates; and (c) if the provider is a registered provider—the registered provider’s registration board. 11 Section 77 (Duty to immediately refer certain complaints to registration board)

s 70 39 s 70 Health Rights Commission Act 1991 (2) The notice to the registration board must be accompanied by a copy of the complaint. (3) This section is subject to section 133. 12 70 Submissions about health service complaint (1) In assessing the health service complaint, the commissioner— (a) may invite submissions from the complainant or the provider about the complaint by written notice, including, for example, by the notice mentioned in section 69; and (b) if the complaint relates to a registered provider—must invite submissions from the registered provider’s registration board. (2) The notice must state— (a) for a notice to a provider—the day, not less than 7 days after receipt of the notice, by which the provider must advise the commissioner if the provider intends to make a submission; and (b) for a notice to any other person—the day, not less than 14 days after receipt of the notice, by which the submissions must be given to the commissioner. (3) A provider who is invited to provide submissions must, within the period stated in the notice, advise the commissioner whether the provider intends to make a submission. (4) If a provider advises the commissioner that the provider intends to make a submission, the provider may only make a submission within the period stated in the notice. (5) If a submission is made within the time provided under this section, by the complainant, provider or, if relevant, the registration board, the commissioner must have regard to the submissions in assessing the health service complaint. (6) The registration board may delegate its power to make submissions about the health service complaint to— (a) a board member; or (b) a committee of the board; or 12 Section 133 (Dispensing with notice)

s 71 40 s 71 Health Rights Commission Act 1991 (c) the executive ofﬁcer of the Ofﬁce of Health Practitioner Registration Boards appointed under the HealthPractitionerRegistration Boards (Administration) Act 1999 ; or (d) with the executive ofﬁcer’s agreement—another member of the staff of the Ofﬁce of Health Practitioner Registration Boards. 71 Assessment of complaint (1) On assessing a health service complaint, the commissioner is to— (a) make a decision to accept the complaint for action; or (b) make a decision not to take action on the complaint under section 79. (2) Before deciding to accept a health service complaint for action, the commissioner is to be satisfied— (a) that all reasonable steps have been taken by the complainant to resolve the complaint with the provider; or (b) that a reasonable opportunity has been given to the complainant to resolve the complaint with the provider; or (c) that it is not practicable for steps mentioned in paragraph (a) to be taken or for the opportunity mentioned in paragraph (b) to be given. (3) Also, before making a decision under subsection (1) about a complaint about a registered health provider, the commissioner must consult with the provider’s registration board about the complaint. (4) The consultation between the commissioner and the registration board may be in the form of a standing arrangement or more specific consultation. (5) The registered provider’s registration board must give the commissioner the board’s comments about the complaint within— (a) 14 days of the commissioner consulting with the board; or (b) a longer period agreed to by the commissioner. (6) The commissioner— (a) must not take any action about the complaint until the ﬁrst of the following happens—

s 72 41 s 73 Health Rights Commission Act 1991 (i) the commissioner receives the registration board’s comments about the complaint; (ii) the registration board advises the commissioner that the board does not intend to give the commissioner comments about the complaint; (iii) the period mentioned in subsection (5) for the registration board to provide comments has ended; and (b) must have regard to any comments made by the registration board in making a decision about the action to be taken in relation to the complaint. (7) The commissioner must not decide not to take action on the complaint under section 79 if the registered provider’s registration board has advised the commissioner it considers the complaint warrants investigation or other action by the board. 72 Notice of assessment decision (1) Subject to section 133, 13 the commissioner is to give notice of the commissioner’s decision on assessing a health service complaint under section 71 to the complainant and the provider. (2) If the decision is to take action on the complaint, the notice is to state the action the commissioner has decided to take under section 73 or 74. (3) If the decision is not to take action on the complaint, the notice given to the complainant is to state the grounds of the decision. 73 Action on acceptance of complaint about provider other than registered provider (1) This section applies if the commissioner decides under section 71 to accept a health service complaint about a provider for action, other than a complaint about a registered provider. (2) The commissioner may take 1 or more of the following actions— (a) conciliate the health service complaint under part 6; (b) investigate the health service complaint under part 7; 13 Section 133 (Dispensing with notice)

s 74 42 s 74 Health Rights Commission Act 1991 (c) refer the health service complaint to another entity. (3) Subject to subsections (6) and (7), the commissioner is to try to resolve the complaint by conciliation if the commissioner considers it can be resolved in that way. (4) In deciding whether to conciliate the health service complaint, the commissioner must take into account the public interest. (5) If the commissioner refers the health service complaint to another entity, the entity— (a) must, if requested by the commissioner, provide the commissioner with reports about the progress and results of the action taken by the entity about the complaint; and (b) may provide the commissioner with any other reports about the progress and results of the action taken by the entity about the complaint as it considers appropriate; and (c) must, within 28 days after ceasing to deal with the complaint, give the commissioner a written report of the results of the action taken by the entity about the complaint. (6) The commissioner must not start a conciliation of a complaint that has been referred to another entity until the commissioner receives the entity’s report under subsection (5)(c). (7) However, the commissioner may start the conciliation of the complaint before receiving notice from the entity if— (a) the provider has agreed to conciliation for the sole purpose of arranging a ﬁnancial settlement or other compensation with the user; and (b) the commissioner and the entity agree that the conciliation will not compromise or interfere with the entity’s action in relation to the complaint. 74 Action on acceptance of complaint about registered provider (1) This section applies if the commissioner decides under section 71 to accept a health service complaint about a registered provider for action. (2) The commissioner— (a) if the commissioner and the registered provider’s registration board agree that the complaint requires investigation or other

s 74 43 s 74 Health Rights Commission Act 1991 action by the board—must immediately refer the complaint to the board; or (b) if either the commissioner or the registered provider’s registration board, but not both, consider that the complaint should be referred to the board—must immediately refer the complaint to the Minister; or (c) if neither paragraph (a) nor (b) applies— (i) may refer the complaint to another entity (a “relevant entity” ); or (ii) may conciliate the complaint under part 6. (3) If the commissioner takes action under subsection (2)(a) or (b) the commissioner may decide to also take action under subsection (2)(c)(i) or (ii) or both. (4) Subject to subsection (5) and section 75, the commissioner is to try to resolve the complaint by conciliation if the commissioner considers it can be resolved in that way. (5) In deciding whether to conciliate a complaint, the commissioner must take into account the public interest. (6) If the commissioner refers a complaint to a registration board, the commissioner must, at the time of the referral, advise the registration board if the commissioner intends to conciliate the complaint, or a complaint from which it was separated under section 58, 14 after the board has finished dealing with it. (7) If the commissioner refers the complaint to the Minister— (a) the commissioner must ensure the Minister is fully informed about the commissioner’s and board’s views about why the complaint does or does not require referral to the board; and (b) the Minister must, as soon as practicable after the complaint is referred, decide whether the complaint requires referral to the registration board and inform the commissioner of the decision; and (c) the commissioner must immediately refer the complaint to the registration board if the Minister informs the commissioner that the complaint should be referred. 14 Section 58 (Commissioner may deal with complaint as 2 or more complaints)

s 75 44 s 75 Health Rights Commission Act 1991 (8) If the commissioner refers the complaint to a relevant entity, the entity— (a) must, if asked by the commissioner, provide the commissioner with reports about the progress and results of the action taken by the entity about the complaint; and (b) may provide the commissioner with any other reports about the progress and results of the action taken by the entity about the complaint as it considers appropriate; and (c) must, within 28 days after ceasing to deal with the complaint, give the commissioner a written report of the results of the action taken by the entity about the complaint. 75 Conciliation of complaints referred under s 74 (1) The commissioner must not start a conciliation of a complaint that has been referred to a registration board or a relevant entity until the board or entity under section 74 gives the commissioner— (a) for a registration board other than Queensland Nursing Council—a notice under the Health Practitioners (ProfessionalStandards) Act 1999 , section 383; 15 or (b) for the Queensland Nursing Council—a notice under the NursingAct 1992 , section 118A; 16 or (c) for a relevant entity—a report under section 74. (2) However, the commissioner may start the conciliation of the complaint before receiving notice from the registration board or relevant entity that it has finished with the matter if— (a) the provider has agreed to conciliation for the sole purpose of arranging a ﬁnancial settlement or other compensation with the user; and (b) if the complaint has been referred to a registration board—the commissioner and the board agree that the conciliation will not 15 Health Practitioners (Professional Standards) Act 1999 , section 383 (Board to give notice to commissioner at end of dealing with complaint) 16 Nursing Act 1992 , section 118A (Council to give notice to commissioner at end of dealing with matter)

s 76 45 s 77 Health Rights Commission Act 1991 compromise or interfere with the board’s actions in relation to the complaint; and (c) if the complaint has been referred to a relevant entity—the commissioner and the entity agree that the conciliation will not compromise or interfere with the entity’s actions in relation to the complaint. 76 Time limit on assessment (1) The commissioner is to assess a health service complaint under section 71— (a) within 60 days of starting the assessment; 17 or (b) within a further period determined by the commissioner under subsection (3). (2) However, if the commissioner is required to consult with a registration board about the complaint under section 71(3), the period in which the commissioner must assess the complaint is extended by a period equal to the period taken to carry out the consultation. (3) For subsection (1)(b), the commissioner may decide to extend the period for assessing a health service complaint, by a period of not more than 30 days, if the commissioner considers— (a) the complaint is too complex to allow the commissioner to assess the complaint within 60 days of starting the assessment; or (b) the complaint can be satisfactorily resolved other than under part 6 or 7; or (c) information the commissioner has requested from the user, provider or any other person can not be reasonably provided within the time allowed under subsection (1), but may be provided within the extended period. 77 Duty to immediately refer certain complaints to registration board (1) This section applies if— 17 See section 67 which provides that the commissioner must not start an assessment until satisﬁed of certain matters.

s 78 46 s 78 Health Rights Commission Act 1991 (a) the commissioner receives a health service complaint about a registered provider; and (b) on receipt of the complaint, or at any time after receipt, the commissioner believes— (i) the registered provider poses an imminent threat to the life, physical or psychological health, safety or welfare of users of the provider’s services or another person or class of persons or the registered provider; and (ii) immediate action to suspend, or impose conditions on, the registered provider’s registration appears necessary to protect the person or persons under subparagraph (i). (2) The commission must immediately refer the complaint to the registered provider’s registration board. (3) If the commissioner refers a complaint to a registration board, the commissioner must, at the time of the referral, advise the registration board if the commissioner intends to conciliate the complaint, or a complaint from which it was separated under section 58, after the board has finished dealing with it. (4) The commissioner must not start a conciliation of a complaint referred to a registration board until the board gives the commissioner— (a) for a registration board other than the Queensland Nursing Council—a notice under the Health Practitioners (ProfessionalStandards) Act 1999 , section 383; and (b) for the Queensland Nursing Council—a notice under the NursingAct 1992 , section 118A. (5) Subject to section 133, 18 the commissioner must, within 14 days of referring the complaint to the board, give written notice of the referral— (a) to the provider; and (b) to the complainant. 78 Commissioner’s powers during assessment (1) In relation to every health service complaint that the commissioner receives, the commissioner may— 18 Section 133 (Dispensing with notice)

s 79 47 s 79 Health Rights Commission Act 1991 (a) exercise powers under sections 63, 65 and 66; 19 and (b) seek and obtain information the commissioner considers appropriate; and (c) attempt by whatever means the commissioner considers appropriate to resolve the complaint, including for example by requesting any person the commissioner considers is in a position to do so to assist the resolution of the complaint. (2) Subsection (1)(b) does not authorise the use of a power conferred by part 7. 79 Decisions not to take action (1) The commissioner is to decide not to take action on a health service complaint if the commissioner considers that the complaint— (a) is frivolous, vexatious or trivial; or (b) is misconceived or lacking in substance; or (c) has been adequately dealt with by the commission or another public authority. (2) The commissioner is to decide not to take action on a health service complaint if the commissioner considers that the complainant has failed, without reasonable excuse, to satisfactorily cooperate with attempts made or arranged by the commissioner to resolve the complaint with the provider. (3) If an issue raised in a health service complaint has already been determined by an appropriate tribunal after the tribunal has considered the matters to which the complaint relates, the commissioner is to decide not to take action on the complaint to the extent that it attempts to reopen the issue. (4) The commissioner is to decide not to take action on a health service complaint if the user has commenced a civil proceeding seeking redress for the matter of the complaint and a court has begun to hear the matter. (5) The commissioner is to decide not to take action on a health service complaint if— 19 Sections 63 (Oral complaints to be conﬁrmed in writing), 65 (Further information from complainant) and 66 (Commissioner may require afﬁdavit)

s 144 75 Health Rights Commission Act 1991 s 146 144 Indemnity The commissioner, a commission ofﬁcer, an authorised person, or a person acting under the direction of an authorised person, are indemniﬁed by the State against all actions, proceedings and claims in relation to— (a) acts done, or omitted to be done, by the person without negligence under this Act; and (b) acts done, or omitted to be done, by the person in good faith and without negligence for the purpose of this Act. 145 Proceedings for offences generally (1) An offence against this Act other than an offence declared to be an indictable offence is a summary offence. (2) A summary proceeding for the offence must start within whichever is the longer of the following— (a) 1 year after the commission of the offence; (b) 1 year after the offence comes to the knowledge of the commissioner, but within 2 years after the commission of the offence. 146 Proceedings for indictable offences (1) A proceeding on a charge for an indictable offence under this Act may be taken, at the election of the prosecution— (a) by summary proceeding under the Justices Act 1886 ; or (b) on indictment. (2) A Magistrates Court must not hear the charge summarily if— (a) the defendant asks the court at the start of the hearing to treat the proceeding as a committal proceeding; or (b) the court considers that the charge should be prosecuted on indictment. (3) A Magistrates Court may start to hear and decide the charge summarily even if more than 1 year has passed since the offence was committed.

s 147 76 Health Rights Commission Act 1991 s 148 147 Change to committal proceeding during summary proceeding (1) This section applies if during a proceeding before a Magistrates Court to hear and decide a charge for an indictable offence summarily, the court decides that the charge is not one that should be decided summarily. (2) The court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating it as a committal proceeding. (3) The defendant’s plea at the start of the hearing must be disregarded. (4) The evidence already heard by the court is taken to be evidence in the committal proceedings. (5) To remove doubt, it is declared that section 104 32 of the Justices Act1886 must be complied with for the committal proceedings. 148 Regulations (1) The Governor in Council may make regulations for the purposes of this Act. (2) Without limiting subsection (1), the regulations may make provision with respect to— (a) requiring providers of a speciﬁed class to give to the commissioner returns of information concerning complaints about health services; and (b) offences against the regulations punishable by ﬁnes of no more than 10 penalty units. 32 Justices Act 1886 , section 104 (Proceedings upon an examination of witnesses in relation to an indictable offence)

s 149 77 Health Rights Commission Act 1991 s 150 PART 10—TRANSITIONAL AND OTHER PROVISIONS 149 Transitional for Health Rights Commission Act 1991 (Act No. 88 of 1991) (1) This Act does not authorise a complaint to be made to the commissioner about a health service provided before the commencement of this section, if— (a) the complaint relates to a matter arising more than 1 year before the commencement of this section; and (b) the complainant became aware of the matter of complaint more than 1 year before the commencement of this section. (2) After the commencement of this section, complaints of a kind mentioned in section 57— (a) that were made before the commencement of this section to the Health Complaints Unit; and (b) that were being dealt with by the Health Complaints Unit immediately before the commencement of this section; may be dealt with as if they were made under this Act to the commissioner. (3) This Act applies to complaints mentioned in subsection (2) with such modifications as to procedure as the commissioner considers necessary to take into account that they had already been dealt with before the commencement of this section. 150 Transitional for Health Practitioners (Professional Standards) Act1999 (1) A health service complaint made and not finally dealt with before the commencement day may continue to be dealt with under this Act as if the Health Practitioners (Professional Standards) Act 1999 , part 14, division 5 had not commenced. (2) In subsection (1)— “commencement day” means the day the HealthPractitioners(Professional Standards) Act 1999 , part 14, division 5 commences.

s 151 78 Health Rights Commission Act 1991 s 151 151 Validating provision for Health and Other LegislationAmendment Act 2003 (1) This section applies if, before the commencement of this section— (a) a health service complaint was made, or was purported to be made, to the commissioner by a person acting on behalf of a user, after the user’s death; or (b) a person was substituted, or was purported to be substituted, as the complainant for a health service complaint, after the original complainant died. (2) The complaint is taken to be, and always to have been, as valid as if it were made, after the commencement, under section 61(4) or (5). 33 33 Section 61 (Representative complaints)

79 Health Rights Commission Act 1991 SCHEDULE 1 HEALTH SERVICES section 3(1), deﬁnition “health service”, paragraph (a) PART 1—DECLARED HEALTH SERVICES 1. Hospital, health institution or nursing home services. 2. Medical, dental, pharmaceutical, paramedical, mental health, community health, environmental health, specialised health or allied services. 3. Services provided in association with the use of premises for the care, treatment or accommodation of persons who are aged or have a physical or mental illness. 4. Laboratory services provided in support of health services. 5. Laundry, cleaning, catering or other support services provided to a hospital, health institution, nursing home or premises mentioned in item 3, if the services affect the care or treatment of patients or residents. 6. Social work, welfare, recreational or leisure services, if provided as part of a health service. 7. Ambulance services. 8. Services provided by registered providers. 9. Services provided by dietitians, audiologists, audiometrists, prosthetists, optical dispensers, child guidance therapists, psychotherapists, therapeutic counsellors and services provided by other professional, technical and operational persons that directly contribute to the provision of a health service. 10. Services provided by practitioners of hypnosis, massage, naturopathy, acupuncture or in other natural or alternative health care or diagnostic fields. 11. Services provided in relation to health promotion, education and information.

80 Health Rights Commission Act 1991 SCHEDULE 1 (continued) PART 2—SERVICES DECLARED NOT TO BE HEALTH SERVICES 1. An opinion of a provider, or a decision made, for a claim under the Workers’ Compensation and Rehabilitation Act 2003 . 2. An opinion of a provider, or a decision made, for the purpose of a notice, order, or appeal under the Workplace Health and Safety Act 1995 . 3. Services provided by an officer of a department (other than the department in which this Act is administered), excluding services provided by an officer who— (a) is a registered provider; and (b) provides the services in the course of performing duties in a position for which registration as such a registered provider is a requirement. 4. Services provided by the State Emergency Service and by volunteers in emergency situations, including first aid and life support services, for example services provided by lifesavers, coastal rescue groups, teachers, teachers aides and school administrative staff. 5. Health services provided by a public authority of the Commonwealth.

81 Health Rights Commission Act 1991 SCHEDULE 2 DECLARED REGISTRATION BOARDS section 3(1), deﬁnition “registration board” 1. Chiropractors Board of Queensland 2. Dental Board of Queensland 3. Dental Technicians and Dental Prosthetists Board of Queensland 4. Medical Board of Queensland 4A. Medical Radiation Technologists Board of Queensland 5. Occupational Therapists Board of Queensland 6. Optometrists Board of Queensland 6A. Osteopaths Board of Queensland 7. Pharmacists Board of Queensland 8. Physiotherapists Board of Queensland 9. Podiatrists Board of Queensland 10. Psychologists Board of Queensland 11. Queensland Nursing Council 12. Speech Pathologists Board of Queensland

82 Health Rights Commission Act 1991 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2003. Future amendments of the Health Rights Commission Act 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

83 Health Rights Commission Act 1991 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = deﬁnition = division = expires/expired = gazette = heading = inserted = lapsed = notiﬁed = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF REPRINTS Reprint No. 1 2 2A 2B 2C 3 3A 4 4A 4B 4C 4D 4E 4F 4G Amendments included to 1993 Act No. 79 to 1994 Act No. 68 to 1996 Act No. 54 to 1996 Act No. 75 to 1996 Act No. 75 to 1996 Act No. 75 to 1999 Act No. 19 to 1999 Act No. 58 to 2000 Act No. 8 to 2000 Act No. 46 to 2001 Act No. 78 to 2001 Act No. 78 to 2001 Act No. 78 to 2001 Act No. 78 to 2001 Act No. 78 Effective 14 March 1994 16 December 1994 1 December 1996 1 February 1997 1 June 1997 1 June 1997 1 May 1999 7 February 2000 1 July 2000 25 October 2000 15 November 2001 3 December 2001 1 January 2002 1 February 2002 1 March 2002 Reprint date 30 May 1994 23 December 1994 4 December 1996 8 April 1997 7 August 1997 6 February 1998 16 June 1999 7 February 2000 14 July 2000 3 November 2000 29 November 2001 10 December 2001 11 January 2002 8 February 2002 1 March 2002

84 Health Rights Commission Act 1991 Reprint No. 4H 4I Amendments included to 2001 Act No. 78 to 2001 Act No. 78 Effective 1 May 2002 12 May 2002 4J to 2003 Act No. 9 28 March 2003 5 to 2003 Act No. 9 28 March 2003 5A to 2003 Act No. 27 1 July 2003 Reprint date 1 May 2002 24 May 2002 (Column discontinued) Notes R4J withdrawn, see R5 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1, 4 1 4 6 List of legislation Health Rights Commission Act 1991 No. 88 date of assent 11 December 1991 pts 1–2, 4 commenced 7 March 1992 (1992 SL No. 41) remaining provisions commenced 1 July 1992 (1992 SL No. 98) amending legislation— Statute Law (Miscellaneous Provisions) Act 1992 No. 36 ss 1–2 sch 2 (this Act is amended, see amending legislation below) date of assent 2 July 1992 amdt 1 commenced 1 July 1992 (see s 2 sch 2 and 1992 No. 68 s 3 sch 2) remaining provisions commenced on date of assent amending legislation— Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 68 ss 1–3 sch 2 (amends 1992 No. 36 above) date of assent 7 December 1992 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1992 (see s 3 sch 2) Nursing Act 1992 No. 55 ss 1–2, 163 sch 2 date of assent 30 November 1992 ss 1–2 commenced on date of assent remaining provisions commenced 1 November 1993 (1993 SL No. 393)

85 Health Rights Commission Act 1991 Health Legislation Amendment Act 1992 No. 66 pts 1, 7 date of assent 7 December 1992 ss 1–2 commenced on date of assent remaining provisions commenced 18 December 1992 (1992 SL No. 450) Health Legislation Amendment Act 1993 No. 79 pts 1, 7 date of assent 17 December 1993 ss 1–2 commenced on date of assent remaining provisions commenced 14 March 1994 (1994 SL No. 84) Whistleblowers Protection Act 1994 No. 68 ss 1–2, 62 sch 4 date of assent 1 December 1994 ss 1–2 commenced on date of assent remaining provisions commenced 16 December 1994 (1994 SL No. 441) Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Health Legislation Amendment Act (No. 2) 1996 No. 61 ss 1–2, 15 sch date of assent 9 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 20 December 1996 (1996 SL No. 402) WorkCover Queensland Act 1996 No. 75 ss 1–2, 535 sch 2 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 1997 (1996 SL No. 442) Corrective Services Legislation Amendment Act 1999 No. 9 pt 1 sch date of assent 30 March 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 1999 (1999 SL No. 72) Statute Law (Miscellaneous Provisions) Act 1999 No. 19 ss 1–3 sch date of assent 30 April 1999 commenced on date of assent Industrial Relations Act 1999 No. 33 ss 1, 2(2), 747 sch 3 date of assent 18 June 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1999 (1999 SL No. 159) Health Practitioners (Professional Standards) Act 1999 No. 58 ss 1–2 pt 14 div 5 date of assent 18 November 1999 ss 1–2 commenced on date of assent remaining provisions commenced 7 February 2000 (1999 SL No. 327)

86 Health Rights Commission Act 1991 Police Powers and Responsibilities Act 2000 No. 5 ss 1–2, 461 (prev s 373) sch 3 date of assent 23 March 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(1), (3) and 2000 SL No. 174) Guardianship and Administration Act 2000 No. 8 ss 1–2, 263 sch 3 date of assent 20 April 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (2000 SL No. 125) Statute Law (Miscellaneous Provisions) Act 2000 No. 46 ss 1, 3 sch date of assent 25 October 2000 commenced on date of assent Chiropractors Registration Act 2001 No. 3 ss 1–2, 241 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 2002 (2002 SL No. 73) Dental Practitioners Registration Act 2001 No. 4 ss 1–2, 267 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2002 (2001 SL No. 258) Dental Technicians and Dental Prosthetists Registration Act 2001 No. 5 ss 1–2, 247 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 2002 (2002 SL No. 74) Medical Practitioners Registration Act 2001 No. 7 ss 1–2, 302 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2002 (2002 SL No. 30) Medical Radiation Technologists Registration Act 2001 No. 8 ss 1–2, 237 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 12 May 2002 (automatic commencement under AIA s 15DA(2)) Occupational Therapists Registration Act 2001 No. 9 ss 1–2, 239 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2001 SL No. 259) Optometrists Registration Act 2001 No. 10 ss 1–2, 237 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2001 SL No. 260)

87 Health Rights Commission Act 1991 Pharmacists Registration Act 2001 No. 12 ss 1–2, 245 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2001 SL No. 261) Physiotherapists Registration Act 2001 No. 13 ss 1–2, 242 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2001 SL No. 262) Podiatrists Registration Act 2001 No. 14 ss 1–2, 238 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 2002 (2002 SL No. 76) Psychologists Registration Act 2001 No. 15 ss 1–2, 255 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 2002 (2002 SL No. 77) Speech Pathologists Registration Act 2001 No. 16 ss 1–2, 236 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2001 SL No. 263) Crime and Misconduct Act 2001 No. 69 ss 1–2, 378 sch 1 date of assent 8 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2002 (2001 SL No. 221) Ombudsman Act 2001 No. 73 ss 1–2, 96 sch 1 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 3 December 2001 (2001 SL No. 224) Health Legislation Amendment Act 2001 No. 78 ss 1, 237 sch 4 date of assent 15 November 2001 commenced on date of assent Health and Other Legislation Amendment Act 2003 No. 9 s 1, pt 5 date of assent 28 March 2003 commenced on date of assent Workers’ Compensation and Rehabilitation Act 2003 No. 27 ss 1–2(2), 622 sch 5 date of assent 23 May 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2003 (see s 2(2))

88 Health Rights Commission Act 1991 7 List of annotations This reprint has been renumbered—see table of renumbered provisions in endnote 8. Deﬁnitions s 3 amd 1996 No. 61 s 15 sch def “complainant” sub 2003 No. 9 s 18 def “detriment” sub 1994 No. 68 s 62 sch 4 def “disciplinary body” ins 1999 No. 58 s 432 amd 2001 No. 78 s 237 sch 4 def “disciplinary committee” ins 1999 No. 58 s 432 def “Health Practitioners Tribunal” ins 1999 No. 58 s 432 def “industrial organisation” sub 1999 No. 33 s 747 sch 3 def “professional conduct committee” ins 1999 No. 58 s 432 def “professional conduct review panel” ins 1999 No. 58 s 432 def “Regional Health Authority” om 1996 No. 61 s 15 sch Application of various public sector Acts s 8 amd 1996 No. 37 s 147 sch 2; 1996 No. 54 s 9 sch; 2001 No. 69 s 378 sch 1 Terms and conditions of appointment s 14 amd 1996 No. 37 s 147 sch 2 Commission ofﬁcers employed under Public Service Act s 22 sub 1996 No. 37 s 147 sch 2 Commissioner may appoint authorised persons s 24 amd 2000 No. 5 s 461 sch 3 Cooperation with interested organisations s 27 amd 1993 No. 79 s 34; 2001 No. 73 s 96 sch 1 Commissioner is the chief executive s 30 prev s 30 om 1996 No. 37 s 147 sch 2 Minister’s directions s 31 amd 1993 No. 79 s 35 Commission’s budget s 33 ins 1993 No. 79 s 36 Public service legislation not to apply to membership s 45 prev s 45 om 1996 No. 37 s 147 sch 2 Council meetings s 51 amd 1993 No. 79 s 37 PART 5—COMPLAINTS Division 1—Health service complaints div hdg ins 1999 No. 58 s 433 Health service complaint s 57 amd 1999 No. 58 s 434 Commissioner may deal with complaint as 2 or more complaints s 58 ins 1999 No. 58 s 435

89 Health Rights Commission Act 1991 Who may complain s 59 amd 2003 No. 9 s 19 Complaints about persons who are no longer registered providers s 60 ins 1999 No. 58 s 436 amd 2000 No. 8 s 263 sch 3; 2003 No. 9 s 20 Representative complaints s 61 amd 1999 No. 58 s 437; 2003 No. 9 s 21 Division 2—Assessment of health service complaints div hdg ins 1999 No. 58 s 438 Complainant to reveal identity s 64 amd 2003 No. 9 s 22 Further information from complainant s 65 amd 2003 No. 9 s 23 Commissioner may require afﬁdavit s 66 amd 2003 No. 9 s 24 Commissioner to immediately assess all health service complaints s 67 sub 1999 No. 58 s 438 amd 2000 No. 46 s 3 sch; 2003 No. 9 s 25 Commissioner may refer complaint to registration board without assessment s 68 sub 1999 No. 58 s 438 Notices of decision to assess complaint s 69 sub 1999 No. 58 s 438 Submissions about health service complaint s 70 ins 1993 No. 79 s 38 sub 1999 No. 58 s 438 Assessment of complaint s 71 amd 1999 No. 58 s 439; 2000 No. 46 s 3 sch Notice of assessment decision s 72 amd 1999 No. 58 s 440 Action on acceptance of complaint about provider other than registered provider s 73 sub 1999 No. 58 s 441 Action on acceptance of complaint about registered provider s 74 ins 1999 No. 58 s 441 Conciliation of complaints referred under s 74 s 75 ins 1999 No. 58 s 441 Time limit on assessment s 76 amd 1999 No. 58 s 442 Duty to immediately refer certain complaints to registration board s 77 ins 1999 No. 58 s 443

90 Health Rights Commission Act 1991 Commissioner’s powers during assessment prov hdg sub 1999 No. 58 s 444(1) s 78 amd 1993 No. 79 s 39; 1999 No. 58 s 444(2) Decisions not to take action s 79 amd 1993 No. 79 s 40; 1999 No. 58 s 445; 2003 No. 9 s 26 Division 3—General div hdg ins 1999 No. 58 s 446 General powers to gather information and facilitate resolution of complaints s 80 ins 1999 No. 58 s 446 Conciliation function s 84 amd 1993 No. 79 s 41 Action on report of unsuccessful conciliation s 88 amd 1999 No. 58 s 447 Commissioner may end conciliation s 90 amd 1999 No. 58 s 448 Conciliation privileged s 91 amd 1999 No. 58 s 449 Administrative support staff s 94 ins 1993 No. 79 s 42 Notice to provide information or a record s 96 amd 1999 No. 58 s 450 Reference to another entity s 101 sub 1999 No. 58 s 451 Investigation by other entity prov hdg amd 1999 No. 58 s 452(1) s 102 amd 1999 No. 58 s 452(2)–(5) Identity card to be produced s 112 amd 2000 No. 5 s 461 sch 3 Police ofﬁcer called in aid s 113 om 2000 No. 5 s 461 sch 3 Reference of complaint to registration board s 121 prev s 121 om 1999 No. 58 s 454 Duty of registration board s 122 prev s 122 om 1999 No. 58 s 454 Reference by registration board s 123 prev s 123 amd 1992 No. 36 s 2 sch 2 om 1999 No. 58 s 454 To whom reports may be given s 126 prev s 126 om 1999 No. 58 s 455 pres s 126 amd 1999 No. 58 s 453

91 Health Rights Commission Act 1991 Information to registration board s 127 prev s 127 om 1999 No. 58 s 455 Report to registration board of results of investigation s 128 prev s 128 om 1999 No. 58 s 455 Registration board may ask commissioner for information s 129 prev s 129 om 1999 No. 58 s 455 pres s 129 sub 1999 No. 58 s 455 Commissioner may intervene in disciplinary proceedings s 130 sub 1993 No. 79 s 43 amd 1999 No. 58 s 456 Commissioner may give combined notice s 134 ins 1999 No. 58 s 457 Commissioner may provide information s 135 ins 1999 No. 58 s 457 Giving of information protected s 137 amd 1994 No. 68 s 62 sch 4 False or misleading information s 138 ins 1994 No. 68 s 62 sch 4 Preservation of conﬁdentiality s 141 amd 1993 No. 79 s 44; 1999 No. 58 s 458 Unlawful reprisal s 142 amd 1994 No. 68 s 62 sch 4 Damages entitlement for reprisal s 143 prev s 143 om R1 (see RA s 40) pres s 143 ins 1994 No. 68 s 62 sch 4 amd 1999 No. 19 s 3 sch Proceedings for offences generally s 145 sub 1994 No. 68 s 62 sch 4 Proceedings for indictable offences s 146 prev s 146 ins 1999 No. 58 s 460 om R4 (see RA s 37) pres s 146 ins 1994 No. 68 s 62 sch 4 Change to committal proceeding during summary proceeding s 147 ins 1994 No. 68 s 62 sch 4 Regulations s 148 amd 1993 No. 79 s 45 PART 10—TRANSITIONAL AND OTHER PROVISIONS pt hdg ins 2003 No. 9 s 27 Transitional for Health Rights Commission Act 1991 (Act No. 88 of 1991) s 149 prov hdg sub 1999 No. 58 s 459

92 Health Rights Commission Act 1991 Transitional for Health Practitioners (Professional Standards) Act 1999 s 150 ins 1999 No. 58 s 460 Validating provision for Health and Other Legislation Amendment Act 2003 s 151 ins 2003 No. 9 s 28 SCHEDULE 1—HEALTH SERVICES hdg amd 1999 No. 58 s 461(1) sch amd 1996 No. 75 s 535 sch 2; 1999 No. 9 s 3 sch; 1999 No. 58 s 461(2); 2001 No. 8 s 237 sch 2; 2001 No. 78 s 237 sch 4; 2003 No. 27 s 622 sch 5 SCHEDULE 2—DECLARED REGISTRATION BOARDS amd 1992 No. 55 s 163 sch 2; 1992 No. 66 s 42; 1999 No. 58 s 462; 2001 No. 3 s 241 sch 2; 2001 No. 4 s 267 sch 2; 2001 No. 5 s 247 sch 2; 2001 No. 7 s 302 sch 2; 2001 No. 8 s 237 sch 2; 2001 No. 9 s 239 sch 2; 2001 No. 10 s 237 sch 2; 2001 No. 12 s 245 sch 2; 2001 No. 13 s 242 sch 2; 2001 No. 14 s 238 sch 2; 2001 No. 15 s 255 sch 2; 2001 No. 16 s 236 sch 2 8 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS [Reprint No. 4] under the Reprints Act 1992 s 43 as required by the Health Rights Commission Act1991 s 146 Previous Renumbered as 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 58(1)(ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57(1)(f) 58(1)(eb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57(1)(g) 58(1)(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57(1)(h) 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61

93 Health Rights Commission Act 1991 Previous Renumbered as 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69 68A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74 71B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 72A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79 74(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79(6) 74(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79(7) 74(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79(8) 74(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79(9) 74(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79(10) 74(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79(11) 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 84(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90(3) 84(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90(4) 84(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90(5) 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .98 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100

94 Health Rights Commission Act 1991 Previous Renumbered as 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .114 108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .115 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .116 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .117 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .118 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .121 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .123 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .124 118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .125 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .126 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .127 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 133A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134 133B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .135 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .136 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .137 135A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .138 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .139 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .140 138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141 138(1)(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141(1)(c) 138(1)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141(1)(d) 138(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141(3) 138(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141(4) 138(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141(5) 138(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141(6) 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .142 139A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .143 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145 141A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146

95 Health Rights Commission Act 1991 Previous Renumbered as 141B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .148 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .149 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .150 schedule 2 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 © State of Queensland 2003