Hospital and Health Boards Act 2011 (Qld)

Hospital and Health Boards Act 2011

An Act to provide for the delivery of public sector health services and other health services in Queensland

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Hospital and Health Boards Act 2011.

2   Commencement

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

3   Act binds all persons

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

4   Principles and objectives of national health system

This Act recognises and gives effect to the principles and objectives of the national health system agreed by Commonwealth, State and Territory governments, namely—

(a)the following Medicare principles—

(i)eligible persons are to be given the choice to receive, free of charge as public patients, health and emergency services of a kind or kinds that are currently, or were historically, provided by hospitals;

(ii)access to these services by public patients free of charge is to be on the basis of clinical need and within a clinically appropriate period;

(iii)arrangements are to be in place to ensure equitable access to the services for all eligible persons, regardless of their geographic location; and

(b)the health system principles—Australia’s health system should—

(i)be shaped around the health needs of individual patients, their families and communities; and

(ii)focus on the prevention of disease and injury and the maintenance of health and not simply on the treatment of illness; and

(iii)support an integrated approach to the promotion of healthy lifestyles, prevention of illness and injury, and diagnosis and treatment of illness across the continuum of care; and

(iv)provide all Australians with timely access to quality health services based on their needs, not ability to pay, regardless of where they live in the country; and

(c)the following long-term objectives for Australia’s health system—

(i)prevention—Australians are born and remain healthy;

(ii)primary and community health—Australians receive appropriate high quality and affordable primary and community health services;

(iii)hospital and related care—Australians receive appropriate high quality and affordable hospital and hospital-related care;

(iv)aged care—older Australians receive appropriate high quality and affordable health and aged care services;

(v)patient experience—Australians have positive health and aged care experiences which take account of individual circumstances and care needs;

(vi)social inclusion and Aboriginal and Torres Strait Islander health—Australia’s health system promotes social inclusion and reduces disadvantage, especially for Aboriginal people and Torres Strait Islander people;

(vii)sustainability—Australians have a sustainable health system.

Division 2 Object of Act

5   Object

(1)The object of this Act is to establish a public sector health system that delivers high quality hospital and other health services to persons in Queensland having regard to the principles and objectives of the national health system.

(2)The object is mainly achieved by—

(a)strengthening local decision-making and accountability, local consumer and community engagement, and local clinician engagement; and

(b)providing for Statewide health system management including health system planning, coordination and standard setting; and

(c)balancing the benefits of the local and system-wide approaches.

Division 3 Overview of Act

6   Purpose of div 3

This division gives an overview of this Act.

7   Role of Hospital and Health Services

(1)Hospital and Health Services are statutory bodies and are the principal providers of public sector health services.

(2)Each Hospital and Health Service is independently and locally controlled by a Hospital and Health Board.

(3)Each Hospital and Health Board appoints a health service chief executive.

(4)Each Hospital and Health Board exercises significant responsibilities at a local level, including controlling—

(a)the financial management of the Service; and

(b)the management of the Service’s land and buildings; and

(c)for a prescribed Service, the management of the Service’s staff.

(5)This Act requires each Hospital and Health Service to have regard to particular matters in performing its functions.

8   Management of the public sector health system

(1)The public sector health system is comprised of the Hospital and Health Services and the department.

(2)The overall management of the public sector health system is the responsibility of the department, through the chief executive (the system manager role).

(3)In performing the system manager role, the chief executive is responsible for the following—

(a)Statewide planning;

(b)managing Statewide industrial relations;

(c)managing major capital works;

(d)monitoring Service performance;

(e)issuing binding health service directives to Services.

(4)The way in which the chief executive’s responsibilities are exercised establishes the relationship between the chief executive and the Services.

(5)The relationship between the chief executive and the Services is also governed by the service agreement between the chief executive and each Service.

8A   Funding of public sector health system

(1)The public sector health system is funded by the State and the Commonwealth.

(2)The State pool account and State managed fund enhance the accountability and transparency of the funding of the public sector health system.

(3)The administrator of the National Health Funding Pool publicly reports on funds paid into, and out of, the State pool account and the State managed fund.

9   Management of health system performance

(1)Hospital and Health Services are individually accountable for their performance.

(2)Services are required to report on their performance to the chief executive.

(3)The chief executive is responsible for—

(a)collating and validating the data provided by Services; and

(b)providing the data to the Commonwealth and relevant Commonwealth entities.

(4)Health service auditors may be appointed to examine the performance of Services and the department.

10   Statewide employment and industrial relations arrangements

(1)This Act provides for Statewide employment and industrial relations arrangements in the public sector health system.

(2)Health service employees employed by Services and the department are employed on the same terms and conditions.

(3)The chief executive is authorised under the Industrial Relations Act 2016 to negotiate certified agreements for health service employees and for other health system industrial relations matters.

(4)Under this Act, the chief executive may issue health employment directives to support employment and industrial relations arrangements in the public sector health system.

11   Protections for safety and quality

(1)This Act provides safeguards and protection for—

(a)members of quality assurance committees and Root Cause Analysis teams; and

(b)information obtained and reports prepared by the committees or teams.

(2)Clinical reviewers may be appointed to conduct clinical reviews and to provide expert clinical advice.

12   Confidentiality safeguards

This Act provides safeguards to protect the confidentiality of information that identifies persons who have received public sector health services.

Division 4 Guiding principles of Act

13   Guiding principles

(1)The following principles are intended to guide the achievement of this Act’s object—

(a)the best interests of users of public sector health services should be the main consideration in all decisions and actions under this Act;

(b)there is a commitment to ensuring quality and safety in the delivery of public sector health services;

(c)there is a commitment to achieving health equity for Aboriginal people and Torres Strait Islander people;

(d)there is a commitment to the delivery of responsive, capable and culturally competent health care to Aboriginal people and Torres Strait Islander people;

(e)providers of public sector health services should work with providers of private sector health services to achieve coordinated, integrated health service delivery across both sectors;

(f)there should be responsiveness to the needs of users of public sector health services about the delivery of public sector health services;

(g)information about the delivery of public sector health services should be provided to the community in an open and transparent way;

(h)there is a commitment to ensuring that places at which public sector health services are delivered are places at which—

(i)employees are free from bullying, harassment and discrimination; and

(ii)employees are respected and diversity is embraced; and

(iii)there is a positive workplace culture based on mutual trust and respect;

(i)there should be openness to complaints from users of public sector health services and a focus on dealing with the complaints quickly and transparently;

(j)there should be engagement with clinicians, consumers, community members and local primary healthcare organisations in planning, developing and delivering public sector health services;

(k)opportunities for research and development relevant to the delivery of public sector health services should be promoted;

(l)opportunities for training and education relevant to the delivery of public sector health services should be promoted.

(2)A person must have regard to the guiding principles when performing a function or exercising a power under this Act.

Division 5 Interpretation

14   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

15   Meaning of health service

(1)A health service is a service for maintaining, improving, restoring or managing people’s health and wellbeing.

(2)Without limiting subsection (1), a health service includes—

(a)a service mentioned in subsection (1) that is provided to a person at a hospital, residential care facility, community health facility or other place; and

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

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

(ii)the prevention of injury; or

(iii)the protection and promotion of health.

Example of health service mentioned in paragraph (b)—

a cancer screening program

(3)In addition, a health service includes a support service for a service mentioned in subsection (1).

16   Meaning of service agreement

(1)A service agreement, for a Service, means an agreement between the chief executive and the Service that states—

(a)the hospital services, other health services, teaching, research and other services to be provided by the Service; and

(b)the funding to be provided to the Service for the provision of services, including the way in which the funding is to be provided; and

Example of a way of funding a health service—

activity-based funding

(c)the performance measures for the provision of services by the Service; and

(d)the performance data and other data to be provided by a Service to the chief executive, including how, and how often, the data is to be provided; and

(e)any other matter the chief executive considers relevant to the provision of services by the Service.

(2)Without limiting subsection (1), a service agreement may—

(a)deal with the matters stated in subsection (1) relating to funding provided by the Commonwealth, without the Commonwealth being a party to the agreement; and

(b)state the circumstances in which a Service (the first Service) may agree with another Service to deliver services for the first Service.

Part 2    Hospital and Health Services

Division 1 Establishment, functions and powers of Services

17   Establishment of Services

A regulation may—

(a)declare any 1 or more of the following to be a health service area for a Hospital and Health Service—

(i)a part of the State;

(ii)a public sector hospital;

(iii)a public sector health service facility;

(iv)a public sector health service; and

(b)establish a Hospital and Health Service (a Service) for the health service area; and

(c)assign a name to the Service.

18   Legal status

(1)A Service—

(a)is a body corporate; and

(b)has a seal; and

(c)may sue and be sued in its corporate name.

(2)A Service represents the State.

(3)Without limiting subsection (2), a Service has all the privileges and immunities of the State.

19   Functions of Services

(1)A Service’s main function is to deliver the hospital services, other health services, teaching, research and other services stated in the service agreement for the Service.

(2)A Service also has the following functions—

(a)to ensure the operations of the Service are carried out efficiently, effectively and economically;

(b)to enter into a service agreement with the chief executive;

(c)to comply with the health service directives and health employment directives that apply to the Service;

(d)to contribute to, and implement, Statewide service plans that apply to the Service and undertake further service planning that aligns with the Statewide plans;

(e)to monitor and improve the quality of health services delivered by the Service, including, for example, by implementing national clinical standards for the Service;

(f)to develop local clinical governance arrangements for the Service;

(g)to undertake minor capital works, and major capital works approved by the chief executive, in the health service area;

(h)to maintain land, buildings and other assets owned by the Service;

(i)for a prescribed Service, to employ staff under this Act;

(j)to collaborate with the Queensland Ambulance Service to manage the interaction between the services provided by the Queensland Ambulance Service and health services provided by the Hospital and Health Service;

(k)to cooperate with other providers of health services, including other Services, the department and providers of primary healthcare, in planning for, and delivering, health services;

(l)to cooperate with local primary healthcare organisations;

(m)to arrange for the provision of health services to public patients in private health facilities;

(n)to manage the performance of the Service against the performance measures stated in the service agreement;

(o)to provide performance data and other data to the chief executive;

(p)to consult with health professionals working in the Service, health consumers and members of the community about the provision of health services;

(q)other functions approved by the Minister;

(r)other functions necessary or incidental to the above functions.

(3)In performing its functions, a Service must have regard to—

(a)the need to ensure resources of the public sector health system are used effectively and efficiently; and

(b)the best interests of patients and other users of public sector health services throughout the State; and

(c)the need to promote a culture and implement measures to support the health, safety and wellbeing of staff of public sector health service facilities.

20   Powers of Services

(1)A Service has the powers of an individual and may, for example—

(a)enter into contracts and agreements; and

(b)subject to subsection (2), acquire, hold, deal with or dispose of property; and

(c)engage consultants or contractors; and

(d)appoint agents and attorneys; and

(e)charge for the services it provides; and

(f)do anything else necessary or convenient to be done in performing its functions.

(2)A Service may not own assets prescribed by regulation.

(3)A Service may employ health executives and senior health service employees.

(4)A Service prescribed by regulation may also employ other health service employees under this Act.

(5)A regulation under subsection (4) may also restrict, limit or impose conditions on the power to employ health service employees.

(6)To remove any doubt, it is declared that a regulation made under subsection (4) may be amended or repealed to revoke the prescription of a Service under that subsection.

Note—

See also section 282(7) and (8).

20A   Limitation on Service’s dealing with land or buildings

(1)A Service must not buy or sell land or buildings without the prior written approval of the Minister and the Treasurer.

(2)A Service must not, without the prior written approval of the Minister and the Treasurer, grant or take a lease of land or buildings unless the lease is a type prescribed by regulation.

21   Application of other Acts

(1)A Service is—

(a)a statutory body under the Financial Accountability Act 2009; and

(b)a statutory body under the Statutory Bodies Financial Arrangements Act 1982; and

(c)a unit of public administration under the Crime and Corruption Act 2001.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which a Service’s powers under this Act are affected by that Act.

Division 2 Hospital and Health Boards for Services

Subdivision 1 Role of Hospital and Health Boards

22   Role of exercising control over Service

(1)A Hospital and Health Board controls the Service for which it is established.

(2)In controlling the Service for which it is established, a board must have regard to—

(a)the need to ensure resources of the public sector health system are used effectively and efficiently; and

(b)the best interests of patients and other users of public sector health services throughout the State; and

(c)the need to promote a culture and implement measures to support the health, safety and wellbeing of staff of public sector health service facilities.

Subdivision 2 Membership

23   Membership of boards

(1)A board consists of 5 or more members appointed by the Governor in Council, by gazette notice, on the recommendation of the Minister.

(2)The Minister is to recommend persons the Minister considers have the skills, knowledge and experience required for a Service to perform its functions effectively and efficiently, including—

(a)persons with expertise in health management, business management, financial management and human resource management; and

(b)persons with clinical expertise; and

(c)persons with legal expertise; and

(d)persons with skills, knowledge and experience in primary healthcare; and

(e)persons with knowledge of health consumer and community issues relevant to the operations of the Service; and

(f)persons with skills, knowledge and experience in Aboriginal and Torres Strait Islander health and community issues relevant to the operation of the Service; and

(g)where relevant, persons from universities, clinical schools or research centres with expertise relevant to the operations of the Service; and

(h)persons with other areas of expertise the Minister considers relevant to a Service performing its functions.

(3)One or more of the members of a board must be clinicians.

(4)One or more of the members of a board must be Aboriginal persons or Torres Strait Islander persons.

(5)In this section—

clinician means a person who—

(a)is a health professional registered under the Health Practitioner Regulation National Law, other than as a student; and

(b)is currently directly or indirectly providing care or treatment to persons; and

(c)is in a profession that provides care or treatment to persons in public sector health services.

24   Minister to advertise for members of boards

(1)Before recommending persons for membership of a board, the Minister must—

(a)advertise for expressions of interest from suitably qualified persons interested in being members of a board; and

(b)consider the expressions of interest received.

(2)Subsection (1) does not apply to a vacancy that arises in the membership of a board under section 27.

(3)In this section—

suitably qualified means having the skills, knowledge and experience mentioned in section 23.

24A   Temporary members of board

(1)This section applies if the Minister reasonably believes it is necessary to urgently appoint a person as a member of a board because—

(a)the board does not consist of at least 5 members; or

(b)the Minister considers the members of the board do not have the skills, knowledge or experience to perform the board’s functions effectively and efficiently; or

(c)none of the members of the board are clinicians; or

(d)none of the members of the board are Aboriginal persons or Torres Strait Islander persons.

(2)Despite section 23(1), the Minister may—

(a)appoint a person as a member of the board for a period of not more than 6 months; and

(b)reappoint the person as a member of the board once for a period of not more than 6 months.

(3)Subsection (2) applies despite the Acts Interpretation Act 1954, section 25(1)(c).

(4)The Minister may appoint a person as a member of the board only if the Minister considers the person has the skills, knowledge and experience mentioned in section 23(2).

(5)As soon as practicable after making the appointment, the Minister must publish notice of the appointment in the gazette.

(6)In this section—

clinician see section 23(5).

25   Chair and deputy chair

(1)The Governor in Council may, on the recommendation of the Minister, appoint—

(a)a member of a board to be chair of the board; and

(b)another member to be deputy chair of the board.

(2)A member may be appointed as the chair or deputy chair at the same time as the person is appointed as a member and by the same gazette notice.

(3)Subject to this subdivision, the chair or deputy chair holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as chair or deputy chair.

(4)A vacancy arises in the office of chair or deputy chair if the person holding the office—

(a)resigns office by signed notice of resignation given to the Minister; or

(b)ceases to be a member.

(5)A person resigning the office of chair or deputy chair may continue to be a member.

(6)The deputy chair is to act as chair—

(a)during a vacancy in the office of the chair; and

(b)during all periods when the chair is absent from duty or for another reason can not perform the duties of the office.

26   Conditions of appointment

(1)A member of a board holds office for the term, of not more than 4 years, stated in the member’s instrument of appointment.

Note—

See also section 24A(2) for a member of a board appointed under that section.

(2)A member is entitled to the fees and allowances fixed by the Governor in Council, and otherwise holds office under the conditions of appointment fixed by—

(a)for a member appointed under section 23—the Governor in Council; or

(b)for a member appointed under section 24A—the Minister.

27   Vacation of office of board member

The office of a member of a board becomes vacant if the member—

(a)resigns office by signed notice of resignation given to the Minister; or

(b)is removed from office as a member under section 28.

27A   Suspension from office of Hospital and Health Board members

(1)This section applies if—

(a)a matter has arisen in relation to a member of a board; and

(b)the matter—

(i)is one which is, or may be, grounds for removing a member from office under section 28; or

(ii)is alleged misconduct by the member; and

(c)the Minister considers that it is necessary in the public interest for the member to be suspended from office pending further consideration of the matter.

(2)The Minister may suspend the member from office for a period not exceeding 60 days by notice in writing to the member.

(3)If the Minister considers it is necessary in the circumstances, the Minister may extend the suspension from time to time by periods not exceeding 60 days, by notice in writing to the member.

(4)The Minister must advise the member by notice in writing if the Minister ends the member’s suspension.

28   Removal from office of board members

The Governor in Council may remove a member from office if—

(a)the member is or becomes an insolvent under administration; or

(b)the member is disqualified from managing corporations under the Corporations Act, part 2D.6; or

(c)the member has been, or is, convicted of an indictable offence; or

(d)the member has been, or is, convicted of an offence against this Act; or

(e)the Minister recommends the removal because the Minister is satisfied the member—

(i)has been guilty of misconduct; or

(ii)is incapable of performing the member’s duties; or

(iii)has neglected the member’s duties or performed the member’s duties incompetently; or

(iv)has been absent without permission of the board from 3 consecutive meetings of which due notice was given.

29   Defects in appointment of members

A decision of a board is not invalidated by—

(a)a defect or irregularity in the appointment of a member of a board, including in the appointment of the chair or deputy chair; or

(b)a vacancy in the membership of a board.

Subdivision 3 Delegation by Hospital and Health Boards

30   Delegation by boards

(1)The board for a Hospital and Health Service may delegate any of the Service’s functions under this Act or the Financial Accountability Act 2009—

(a)to a committee of the board if all of the members of the committee are board members; or

(b)to the executive committee established by the board; or

(c)to the health service chief executive.

(2)The health service chief executive, with the written approval of the board, may subdelegate a function mentioned in subsection (1) to an appropriately qualified—

(a)employee of the Hospital and Health Service; or

(b)health service employee employed in the department and working for the Service.

(3)In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.

Example of standing—

the person’s classification level or how senior the person is in the Hospital and Health Service

Subdivision 4 Conduct of business

31   Members to act in public interest

A member of a board is to act impartially and in the public interest in performing the member’s duties.

32   Conduct of business by boards

A board is to conduct its business in the way stated in schedule 1.

Division 2A Executive committees

32A   Hospital and Health Board must establish executive committee for Hospital and Health Service

A board must establish, as a committee of the board, an executive committee for the Service controlled by the board.

32B   Function of executive committee

(1)The function of the executive committee is to support the board in its role of controlling the Service for which it is established by—

(a)working with the health service chief executive to progress strategic issues identified by the board; and

(b)strengthening the relationship between the board and the health service chief executive to ensure accountability in the delivery of services by the Service.

(2)Without limiting subsection (1), an executive committee may, at the direction of the board—

(a)oversee the performance of the Service against the performance measures stated in the service agreement; and

(b)support the board in the development of engagement strategies and protocols with primary healthcare organisations, monitor their implementation, and address issues that arise in their implementation; and

(c)support the board in the development of service plans and other plans for the Service and monitor their implementation; and

(d)work with the health service chief executive in responding to critical emergent issues in the Service; and

(e)perform other functions given to the executive committee by the board.

(3)A regulation may prescribe other matters relating to an executive committee’s functions.

32C   Membership of executive committee

(1)An executive committee consists of the following—

(a)the chair or deputy chair of the board who is to be chair of the committee;

(b)at least 2 other board members, decided by the board, at least one of whom is a clinician.

(2)In this section—

clinician means a person who—

(a)is a health professional registered under the Health Practitioner Regulation National Law, other than as a student; and

(b)is currently directly or indirectly providing care or treatment to persons; and

(c)is in a profession that provides care or treatment to persons in public sector health services.

32D   Conduct of business by executive committee

(1)The health service chief executive of a Service is to attend all meetings of the Service’s executive committee, unless excused by the chair of the committee.

(2)A quorum for a meeting of an executive committee is one-half of the number of its members, or if one-half is not a whole number, the next highest whole number.

(3)An executive committee must keep a record of the decisions it makes when exercising a power delegated to it by the board that established the committee.

(4)An executive committee is to otherwise conduct its business, including its meetings, in the way the board that established the committee considers appropriate.

Division 3 Health service chief executives

33   Appointment of health service chief executives

(1)A Hospital and Health Service’s board must appoint a health service chief executive to manage the Service.

(2)The appointment is not effective until it is approved by the Minister.

(3)The person appointed as health service chief executive must also be appointed as a health executive.

(4)In managing the Service, the health service chief executive is subject to direction by the Service’s board.

34   Delegation by health service chief executive

(1)A health service chief executive may delegate the health service chief executive’s functions under this Act or another Act to an appropriately qualified—

(a)employee of the Hospital and Health Service; or

(b)health service employee employed in the department and working for the Service.

(2)However, the health service chief executive must not delegate the authorisation to disclose confidential information in the public interest under section 160.

(3)In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.

Example of standing—

the person’s classification level or how senior the person is in the Service

Division 4 Service agreements, engagement strategies and protocols

35   Chief executive and Service must enter into service agreements

(1)The chief executive and a Service must enter into a service agreement for the Service.

(2)The chair of the Service’s board must sign the agreement on behalf of the Service.

(3)A service agreement is binding on the chief executive and the Service.

36   Term of service agreement

A service agreement must be for a term of not longer than 3 years.

37   Negotiations for service agreement

(1)For the first service agreement, the chief executive and the Service must enter into negotiations immediately after the commencement of this section.

(2)For a new service agreement, the chief executive and the Service must enter into negotiations at least 6 months before the expiry of the existing service agreement.

38   Minister may decide on terms of service agreement

(1)This section applies if the chief executive and the Service can not agree on some or all of the terms of a service agreement—

(a)for the first agreement after the commencement of this section—by a date prescribed by regulation; or

(b)for a service agreement that is to replace an existing service agreement on its expiry—at least 1 month before the expiry of the existing agreement.

(2)The chief executive and the Service are to immediately advise the Minister—

(a)that they can not agree; and

(b)of the terms of the agreement on which they can not agree.

(3)The Minister must decide the terms and advise the chief executive and the Service of the terms.

(4)The chief executive and the Service must include the terms decided by the Minister in the agreement.

39   Procedure to amend service agreement

(1)If the chief executive or the Service wants to amend the terms of a service agreement, the party that wants to amend the agreement must give written notice of the proposed amendment to the other party.

(2)If the chief executive and the Service can not agree on the terms of the amendment, the party wanting the amendment must immediately advise the Minister—

(a)that they can not agree; and

(b)of the terms on which they can not agree.

(3)The Minister must decide the terms and advise the chief executive and the Service of the terms.

(4)For subsection (3), the Minister may decide that the amendment should not be made.

(5)The chief executive and the Service must include any terms decided by the Minister in the agreement.

39A   Chief executive to make service agreements available

(1)This section applies to a service agreement between the chief executive and a Service, including an amendment of the agreement.

(2)The chief executive must, within 28 days of entering into the service agreement or amendment—

(a)give the administrator of the National Health Funding Pool a copy of the service agreement or amendment; and

(b)publish the service agreement or amendment in a way that allows the agreement to be accessed by members of the public, including, for example, on the internet.

40   Engagement strategies

(1)A Service must develop and publish the following strategies—

(a)a strategy (a clinician engagement strategy) to promote consultation with health professionals working in the Service; and

(b)a strategy (a consumer and community engagement strategy) to promote consultation with health consumers and members of the community about the provision of health services by the Service; and

(c)a strategy (a health equity strategy) to achieve, and to specify the Service’s activities to achieve, health equity for Aboriginal people and Torres Strait Islander people in the provision of health services by the Service.

(2)The Service must consult with the following persons in developing the strategies—

(a)for the clinician engagement strategy—health professionals working in the Service;

(b)for the consumer and community engagement strategy—health consumers and members of the community;

(c)for the health equity strategy—the persons prescribed by regulation.

(3)Each of the strategies must—

(a)satisfy any requirements prescribed by regulation for that strategy; and

(b)be published in a way that allows the strategy to be accessed by members of the public, including, for example, on the internet.

(4)The Service must give effect to the strategies in performing its functions under this Act.

(5)In giving effect to the health equity strategy, the Service must consult with the persons prescribed, and in the way prescribed, by regulation.

41   Review of strategies

(1)A Service must complete a review of each strategy mentioned in section 40 within 3 years after it is made and afterwards within 3 years after the previous review.

(2)The Service must consult with the following persons in reviewing a strategy—

(a)for the clinician engagement strategy—health professionals working in the Service;

(b)for the consumer and community engagement strategy—health consumers and members of the community;

(c)for the health equity strategy—the persons prescribed under section 40(2)(c).

(3)If a strategy is amended as a result of the review, the Service must publish the amended strategy in a way that allows it to be accessed by members of the public, including, for example, on the internet.

42   Protocol with primary healthcare organisations

(1)A Service must use its best endeavours to agree on a protocol with local primary healthcare organisations to promote cooperation between the Service and the organisations in the planning and delivery of health services.

(2)A protocol must—

(a)satisfy any requirements prescribed by regulation for the protocol; and

(b)be published in a way that allows the protocol to be accessed by members of the public, including, for example, on the internet.

(3)The Service must give effect to the protocol in performing its functions under this Act.

43   Review of protocol

(1)A Service must use its best endeavours to complete a review of a protocol within 3 years after it is made and afterwards within 3 years after the previous review.

(2)The review must be conducted with the local primary healthcare organisations.

(3)If a protocol is amended as a result of the review, the Service must publish the amended protocol in a way that allows it to be accessed by members of the public, including, for example, on the internet.

Division 4A Hospital and Health Ancillary Boards

43A   Minister may establish ancillary board

(1)The Minister may establish a Hospital and Health Ancillary Board (an ancillary board) to give advice to a Hospital and Health Board in relation to—

(a)a public sector hospital; or

(b)a public sector health facility; or

(c)a public sector health service; or

(d)a part of the State.

(2)Before establishing an ancillary board the Minister may consult with—

(a)the relevant Hospital and Health Board; and

(b)the community who receive health services from, or in, the public sector hospital, public sector health facility, public sector health service or part of the State for which the ancillary board may be established.

(3)The Minister must assign a name to the ancillary board.

(4)A regulation may prescribe matters relating to the establishment and operation of an ancillary board.

(5)Without limiting subsection (4), a regulation may provide for the following—

(a)the way in which an ancillary board is to exercise its function of providing advice to a board;

(b)the way consultation is to occur between—

(i)an ancillary board and the board to which it is to provide advice; or

(ii)an ancillary board and the Service controlled by the board;

(c)the appointment and removal of members of an ancillary board.

Division 5 Directions to Hospital and Health Services and appointment of advisers to Hospital and Health Boards

44   Minister may give directions to Service

(1)The Minister may give a Service a written direction about a matter relevant to the performance of its functions under this Act, if the Minister is satisfied it is necessary to do so in the public interest.

(2)Without limiting subsection (1), the Minister may direct a Service to give the Minister stated reports and information.

(3)However, the Minister may not give a direction about—

(a)the health services provided, or to be provided, to a particular person; or

(b)the employment of a particular person.

(4)The Minister must give a copy of a direction to the chief executive who must, as soon as practicable, publish it in a way that allows it to be accessed by members of the public, including, for example, on the internet.

(5)A Service must comply with a direction given by the Minister.

(6)A Service’s annual report under the Financial Accountability Act 2009 for a financial year must include a statement about—

(a)each direction given by the Minister to the Service during the financial year; and

(b)action taken by the Service as a result of the direction.

44A   Minister may appoint advisers to boards

(1)The Minister may appoint a person to be an adviser to a board if the Minister considers that the adviser may assist the board to improve the performance of—

(a)the board; or

(b)the Service controlled by the board.

(2)An appointment under this section must be—

(a)in writing; and

(b)for the term not exceeding 1 year decided by the Minister; and

(c)on the terms and conditions, including remuneration, decided by the Minister.

(3)The Minister must not appoint more than 2 persons to be advisers to a board at the same time.

(4)An appointment under this section is effective whether or not the board agrees to the appointment.

(5)An adviser may resign by notice in writing to the Minister.

44B   Matters to which Minister may have regard in deciding whether to appoint adviser

In deciding whether to appoint an adviser to a board, the Minister may have regard to the performance of the board or the Service controlled by the board in relation to the following—

(a)the safety and quality of the health services being provided by the Service;

(b)the way in which the Service is complying with the service agreement for the Service;

(c)the financial management of the Service.

44C   Functions of advisers

The functions of an adviser are—

(a)to attend board meetings; and

(b)to provide information and advice to the board to assist it in performing its functions under this Act; and

(c)to advise the Minister and the chief executive on any matter relating to the performance of the board or the Service controlled by the board.

44D   Adviser not a member of board but has duty of disclosure

An adviser is not a member of the board, but schedule 1, section 9 applies to an adviser as if the adviser were a member of the board.

44E   Obligations of board in relation to adviser

(1)While an adviser’s appointment is in force, the board must provide the adviser with all notices of board meetings, and all documents and other information provided to board members.

(2)The board must permit the adviser—

(a)to attend all meetings of the board; and

(b)to provide information and advice to the board during meetings.

Part 3    Functions of chief executive, chief health officer and deputy chief health officers

Division 1 Chief executive

44F   Chief executive subject to direction of the Minister

(1)The chief executive is subject to the directions of the Minister in managing the department.

(2)However, in making decisions about particular individuals, the chief executive—

(a)must act independently, impartially and fairly; and

(b)is not subject to the direction of the Minister.

45   Functions of chief executive

The chief executive has the following functions—

(a)to provide strategic leadership and direction for the delivery of public sector health services in the State;

(b)to promote the effective and efficient use of available resources in the delivery of public sector health services in the State;

(c)to develop Statewide health service plans, workforce plans and capital works plans;

(d)to manage major capital works for proposed public sector health service facilities;

(e)to employ staff in the department, including to work for Services other than prescribed Services;

(f)to manage Statewide industrial relations, including the negotiation of certified agreements, and making applications to make or vary awards;

(g)to establish the conditions of employment for health service employees, including issuing health employment directives;

(h)to deliver specialised health services;

(i)to arrange for the provision of health services to public patients in private health facilities;

(j)to develop and issue health service directives to apply to the Services;

(k)to enter into service agreements with the Services;

(l)to provide support services to Services;

(m)to monitor and promote improvements in the quality of health services delivered by Services;

(n)to monitor the performance of Services, and take remedial action when performance does not meet the expected standard;

(o)to receive and validate performance data and other data provided by Services;

(p)to provide performance data and other data to the Commonwealth, or an entity established under an Act of the Commonwealth;

(q)other functions given to the chief executive under this Act or another Act.

46   Delegation by chief executive

(1)The chief executive may delegate the chief executive’s functions under this Act to a health service chief executive or an appropriately qualified employee of the department.

(2)However, the chief executive must not delegate the function—

(a)to enter into a service agreement with a Service; or

(b)to authorise the disclosure of confidential information in the public interest under section 160; or

(c)to issue a health service directive or health employment directive; or

(d)to make a standard under section 138E.

(3)Subsection (4) applies if the chief executive is considering whether, and the extent to which, to delegate to a health service chief executive a matter that affects employees.

(4)The chief executive must have regard to the Service’s capacity and capability to effectively administer the human resource management and industrial relations processes for employees.

(5)A health service chief executive, with the written approval of the chief executive, may subdelegate a function delegated to the health service chief executive under subsection (1) to an appropriately qualified—

(a)health executive employed by the Service; or

(b)health service employee employed in the department and working for the Service.

(6)However, a health service chief executive may not subdelegate the function to authorise access to an information system under section 161A delegated to the health service chief executive under subsection (1).

(7)A health executive in the department, with the written approval of the chief executive, may subdelegate a function delegated to the health executive under subsection (1) to an appropriately qualified departmental employee.

Division 2 Chief executive may issue health service directives

47   Health service directives

(1)The chief executive may develop and issue health service directives to Services for the following—

(a)promoting service coordination and integration in the delivery of health services—

(i)between Services; and

(ii)between Services, the department and other service providers;

(b)optimising the effective and efficient use of available resources in the delivery of health services;

(c)setting standards and policies for the safe and high quality delivery of health services;

(d)ensuring consistent approaches to the delivery of health services, employment matters (other than conditions of employment for health service employees) and the delivery of support services;

(e)supporting the application of public sector policies, State and Commonwealth Acts, and agreements entered into by the State.

(2)Without limiting subsection (1), health service directives may be about the following—

(a)standards and policies for the healthcare rights of users of public sector health services;

(b)standards and policies for improving the quality of health services;

(c)the use by Services of support services provided by the department, other departments or other Services;

(d)the purchasing of goods and services under contracts and agreements entered into by the department, other departments or other Services;

(e)the provision of information to the chief executive and other entities;

(f)responding to public health emergencies;

(g)the setting of fees and charges, including for the provision of services to private patients, for residential care, and for the supply of pharmaceuticals;

(h)other matters prescribed under a regulation.

(3)Health service directives may apply to all Services, some Services, or a stated type of public sector health service facility or public sector health service.

(4)In this section—

delivery, of health services, includes—

(a)matters that support the delivery of health services, including—

(i)the establishment and operation of clinical networks; and

(ii)the provision of training to health professionals or students in public sector health service facilities; and

(iii)the engagement of independent contractor visiting medical officers or other contracted health professionals; and

(iv)private practice arrangements for health professionals; and

(v)the management of information, including the way in which information is captured, collated, shared and reported; and

(vi)research, innovation and the application of intellectual property; and

(b)undertaking capital works for proposed public sector health service facilities; and

(c)the provision of health services to public patients in private health facilities.

48   Consultation on health service directives

In developing a health service directive that applies to a Service, the chief executive must consult with the Service.

49   Publication of health service directives

A health service directive must be published in a way that allows the directive to be accessed by members of the public, including, for example, on the internet.

50   Health service directives binding

A health service directive is binding on the Service to which it relates.

51   Review of health service directives

(1)The chief executive must complete a review of a health service directive within 3 years after it is made and afterwards within 3 years after the previous review.

(2)In reviewing a directive, the chief executive must consult with a Service for a directive that applies to the Service.

(3)If a directive is amended as a result of the review, the chief executive must publish the amended directive in a way that allows it to be accessed by members of the public, including, for example, on the internet.

Division 2A Chief executive may issue health employment directives

51A   Health employment directives

(1)The chief executive may issue health employment directives about the conditions of employment for health service employees.

(2)Without limiting subsection (1), a health employment directive may be about the following—

(a)remuneration for health executives and senior health service employees;

(b)the classification levels at which health executives and senior health service employees are to be employed;

(c)the terms of contracts for health executives and senior health service employees;

(d)the professional development and training of health service employees in accordance with the conditions of their employment.

(3)A health employment directive may apply to any or all of the following—

(a)the department, a Service or all Services;

(b)health service employees, or a stated type of health service employee.

51AA   Consultation on health employment directives

(1)This section applies if the chief executive proposes to issue, amend or repeal a health employment directive that applies to—

(a)1 or more Services; or

(b)health service employees who are represented by an employee organisation.

(2)The chief executive must consult with the Services or employee organisation about the issuing of the proposed health employment directive or the proposed amendment or repeal of the health employment directive.

(3)Despite section 46(2)(c), the chief executive may delegate under section 46(1) the function under subsection (2).

(4)In this section—

employee organisation see the Industrial Relations Act 2016, schedule 5.

51B   Relationship with legislation

If a health employment directive is inconsistent with an Act or subordinate legislation, the Act or subordinate legislation prevails over the health employment directive.

51C   Relationship between health employment directives and other instruments

(1)If a health employment directive is inconsistent with an industrial instrument, the industrial instrument prevails to the extent of the inconsistency.

(1A)Subsection (1) does not apply if the terms and conditions of employment provided for in the health employment directive are more favourable to the employee than the terms and conditions of employment provided for in the industrial instrument.

(2)If a health employment directive is inconsistent with a directive under the Public Sector Act 2022, section 222, the health employment directive prevails over the directive.

(3)If a health employment directive is inconsistent with a contract entered into with a senior health service employee, the contract prevails over the health employment directive to the extent of the inconsistency.

(4)However, for subsection (3), to the extent a health employment directive provides for an increase in remuneration or other benefits for an employee, the directive is taken not to be inconsistent with a contract entered into with a senior health service employee.

(5)Subsections (3) and (4) apply despite section 51E.

(6)In this section—

health employment directive includes—

(a)a decision made in the exercise of a discretion under the directive; and

(b)a health service directive to which section 321 applies.

51D   Publication of health employment directives

A health employment directive must be published in a way that allows the directive to be accessed by health service employees and members of the public, including, for example, on the internet.

51E   Health employment directives binding

(1)A health employment directive that applies to an employee of the department is binding on the employee and the department.

(2)A health employment directive that applies to an employee of a Service is binding on the employee and the Service.

Note—

A health employment directive may apply to both employees of a department and a Service. See section 51A(3).

51F   Review of health employment directives

(1)The chief executive must complete a review of a health employment directive within 3 years after it is made and afterwards within 3 years after the previous review.

(2)If a directive is amended as a result of the review, the chief executive must publish the amended directive in a way that allows it to be accessed by members of the public, including, for example, on the internet.

Division 3 Chief health officer and deputy chief health officers

52   Chief health officer

(1)There is to be a chief health officer for the State.

(2)The chief health officer is to be employed as a public service officer or as a health service employee.

(3)The chief health officer must be a medical practitioner.

53   Functions of chief health officer

The functions of the chief health officer are—

(a)to provide high-level medical advice to the chief executive and the Minister on health issues, including policy and legislative matters associated with the health and safety of the Queensland public; and

(b)any functions given to the chief health officer by the chief executive; and

(c)other functions under this or another Act.

53AA    Deputy chief health officers

(1)The chief executive may appoint 1 or more deputy chief health officers for the State.

(2)A deputy chief health officer is to be employed as a public service officer or as a health service employee.

(3)A deputy chief health officer must be a medical practitioner.

53AB    Functions of deputy chief health officers

The functions of a deputy chief health officer are—

(a)to support the chief health officer in the exercise of the chief health officer’s functions under this or another Act; and

(b)any functions given to the deputy chief health officer by the chief health officer or the chief executive; and

(c)other functions under this or another Act.

53AC    Delegation by chief health officer

The chief health officer may delegate the chief health officer’s functions or powers under this or another Act to a deputy chief health officer.

Part 3A    Funding of public sector health system

Division 1 Purpose of part

53A   Purpose

The main purpose of this part is to enhance the accountability and transparency of the funding of public sector hospitals, other public sector health services, and teaching, training and research related to the provision of health services.

Division 2 State pool account

53B   Establishment of State pool account

The chief executive is to establish an account with the Reserve Bank of Australia to be called the State pool account.

53C   Payment into State pool account

(1)The following must be paid into the State pool account—

(a)all activity-based funding allocated from State funds for the provision of hospital services under the National Health Reform Agreement;

(b)all funding received from the Commonwealth for the provision of hospital and other health services under the National Health Reform Agreement.

(2)The following may be paid into the State pool account—

(a)exceptional payments for the provision of health services decided by the chief executive;

(b)interest earned on the account.

(3)The amounts paid into the State pool account may include adjustments—

(a)to reflect the difference between estimated and actual services provided; and

(b)for other funding reconciliations under the National Health Reform Agreement.

(4)In this section—

health services also includes teaching, training and research related to the provision of health services.

53D   Payments from State pool account

(1)The payment of funds from the State pool account, including the timing of the payments, is to be made only by the administrator at the direction of the Minister.

(2)The administrator is required to authorise personally each payment made from the State pool account.

(3)Payments from the State pool account are to be made only to—

(a)Hospital and Health Services and other providers of hospital and other health services; or

(b)the State managed fund; or

(c)an account in the department other than the State pool account or the State managed fund.

(4)A direction made by the Minister to the administrator for the payment of funds from the State pool account is to be consistent with—

(a)the purpose for which the funding was paid into the account; and

(b)the National Health Reform Agreement; and

(c)advice provided by the administrator about the basis on which the administrator has calculated payments into the account by the Commonwealth; and

(d)any relevant service agreement between the chief executive and a Service.

(5)This section does not prevent the Minister from directing the administrator to pay funds—

(a)to reflect the difference between estimated and actual services provided; or

(b)for other funding reconciliations under the National Health Reform Agreement; or

(c)to correct any error in payments out of the State pool account; or

(d)to pay fees associated with maintaining the State pool account, including financial institution fees and audit fees; or

(e)for interest earned on the State pool account, for any purpose decided by the Treasurer; or

(f)to the department for the provision of support services to Services.

53E   Payment from State pool account if no administrator or administrator not available to make the payment

The chief executive may pay funds from the State pool account at the direction of the Minister as if the chief executive were the administrator—

(a)if there is no administrator or acting administrator appointed under this Act; or

(b)the administrator is not available to make the payment.

Division 3 State managed fund

53F   Establishment of State managed fund

The chief executive is to establish an account with a financial institution to be called the State managed fund.

53G   Payment into State managed fund

(1)The following must be paid into the State managed fund—

(a)block funding allocated by the State, or paid from the State pool account, for the provision of hospital and other health services under the National Health Reform Agreement;

(b)funding for teaching, training and research related to the provision of health services allocated by the State, or paid from the State pool account, under the National Health Reform Agreement.

(2)Exceptional payments for the provision of health services decided by the chief executive may be paid into the State managed fund.

(3)The amounts paid into the State managed fund may include adjustments—

(a)to reflect the difference between estimated and actual services provided; and

(b)for other funding reconciliations under the National Health Reform Agreement.

(4)In this section—

block funding means funding for public patient services that are not appropriately funded through activity-based funding but does not include top-up funding provided by the Commonwealth under the National Health Reform Agreement.

53H   Payments from State managed fund

(1)Payments of funds from the State managed fund, including the timing of the payments, are to be decided by the chief executive.

(2)Payments from the State managed fund are to be made only to—

(a)Hospital and Health Services and other providers of hospital and other health services; and

(b)universities and other providers of teaching, training and research related to the provision of health services.

(3)Payment of funds from the State managed fund is to be consistent with—

(a)the purpose for which the funding was paid into the fund; and

(b)the National Health Reform Agreement; and

(c)any relevant service agreement between the chief executive and a Service.

(4)This section does not prevent the chief executive from paying amounts from the State managed fund—

(a)to reflect the difference between estimated and actual services provided; or

(b)for other funding reconciliations under the National Health Reform Agreement; or

(c)to correct any error in payments out of the fund; or

(d)to pay fees associated with maintaining the fund, including financial institution fees and audit fees; or

(e)to another account in the department for the provision of support services to Services.

Division 4 Provisions applying to administrator for all States, Territories and the Commonwealth

Subdivision 1 Preliminary

53I   Definitions for div 4

(1)In this division—

administrator means the administrator of the National Health Funding Pool appointed under section 53K and under the corresponding provision of the laws of the Commonwealth and the other States.

COAG means the Council of Australian Governments.

function includes a power, authority or duty.

Hospital and Health Service—

(a)for Queensland, means a Hospital and Health Service established under section 17; or

(b)for another State, means an organisation that is a local hospital network (however described) for the purposes of the National Health Reform Agreement.

National Health Funding Pool means the combined State pool accounts for each State.

National Health Reform Agreement means the National Health Reform Agreement between the Commonwealth and the States that was agreed to by COAG on 2 August 2011, as amended from time to time.

responsible Minister for a jurisdiction means the relevant Minister with portfolio responsibility for the administration of the provision of this division in which the expression occurs (or of the corresponding provision of the laws of the Commonwealth and the other States).

Note—

See also section 53ZB.

Standing Council on Health means (subject to subsection (2)) the Ministerial Council by that name or, if there is no such Ministerial Council, the standing Ministerial Council established or recognised by COAG whose members include all Ministers in Australia having portfolio responsibility for health.

State includes the Australian Capital Territory and the Northern Territory.

State managed fund of a State means a bank account or fund established or designated by the State for the purposes of health funding under the National Health Reform Agreement that is required to be undertaken in the State through a State managed fund.

State pool account of a State means the bank account established by the State under section 53B or under the corresponding provisions of the law of another State.

(2)The Standing Council on Health, when acting under this division, is to be constituted only by a single Minister for the Commonwealth and a single Minister for each of the States, and any reference in this division to a member of that Council is to be construed as a reference to those Ministerial members only.

(3)If there are 2 or more Ministers for the Commonwealth or for a State who are members of the Standing Council on Health, the relevant Minister for the purposes of this division is the Minister having primary portfolio responsibility for health in his or her jurisdiction.

(4)A reference in this division to the agreement of, or a request by, a member of the Standing Council on Health is a reference to an agreement or request in writing.

(5)This division is to be interpreted in accordance with Schedule 7 to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009.

(6)The Acts Interpretation Act 1954 does not apply to or in respect of this division.

Subdivision 2 Administrator of the National Health Funding Pool

53J   The office of administrator

(1)The office of administrator of the National Health Funding Pool is established by this division.

(2)It is the intention of Parliament that the same individual holds the office established under subsection (1) and under the corresponding provision of the laws of the Commonwealth and the other States.

(3)The administrator appointed under this division may exercise and perform the functions of the administrator in relation to—

(a)one jurisdiction; or

(b)2 or more or all jurisdictions collectively.

(4)A reference in a provision of this division (other than in section 53P(1)) to a function of the administrator under this division includes a reference to a function of the administrator under the corresponding provision of the laws of the Commonwealth and the other States.

53K   Appointment of administrator

(1)The Minister for this jurisdiction who is a member of the Standing Council on Health is to appoint an individual to the office of the administrator of the National Health Funding Pool under this division.

(2)Before the appointment is made, the Chair of the Standing Council on Health is to give each member of the Council an opportunity to nominate an individual for appointment.

(3)An appointment is not to be made unless all the members of the Standing Council on Health have agreed on the individual who will be appointed as administrator, the date that the appointment will take effect, the period of appointment and the conditions of appointment.

(4)The appointment is to be made by instrument in writing.

(5)The administrator is to be appointed (subject to subsection (3)) for the period, not exceeding 5 years, and on the conditions specified in his or her instrument of appointment, but is eligible for re-appointment.

(6)The administrator is entitled to the remuneration determined in accordance with the law of the Commonwealth.

53L   Suspension of administrator

(1)The Chair of the Standing Council on Health is required to suspend the administrator from office if requested to do so by—

(a)at least 3 members of the Council who are Ministers of a State; or

(b)the member of the Council who is a Minister of the Commonwealth.

(2)A member of the Standing Council on Health is not to request the suspension of the administrator unless the member is satisfied that the administrator—

(a)is, because of any physical or mental incapacity or otherwise, unable to perform his or her functions satisfactorily; or

(b)has failed to comply with his or her obligations or duties as administrator; or

(c)has been accused or convicted of an offence that carries a penalty of imprisonment; or

(d)has or may become bankrupt.

(3)A suspension is to be effected by an instrument in writing and is to be notified by the Chair of the Standing Council on Health to all members of the Council.

(4)A suspension is terminated after a period of suspension of 60 days unless before the end of that period the administrator is removed or resigns from office or a majority of the members of the Standing Council on Health—

(a)terminate the suspension; or

(b)extend the suspension for a specified further period.

(5)Despite subsection (1), the Chair of the Standing Council on Health is not to suspend the administrator from office within the period of 90 days after an earlier period of suspension was terminated unless a majority of the members of the Council request the Chair to do so.

53M   Removal or resignation of administrator

(1)The Minister for this jurisdiction who is a member of the Standing Council on Health is required to remove the administrator from office if a majority of the members of the Council agree to the administrator’s removal from office.

(2)The administrator is to be removed from office by an instrument in writing that takes effect on the date agreed to by the majority of the members of the Standing Council on Health.

(3)The administrator may resign as administrator by notice in writing to the Chair of the Standing Council on Health.

(4)The resignation of the administrator takes effect on the date notified by the Chair of the Standing Council on Health to all members of the Council.

53N   Acting administrator

(1)The Chair of the Standing Council on Health may, from time to time, appoint an individual to act as the administrator during any period when the office is vacant or the holder of the office is suspended or absent from duty.

(2)Any such appointment may only be made from a panel of persons, and in accordance with the procedure, agreed to by all the members of the Standing Council on Health.

53O   Provision of staff and facilities for administrator

(1)Staff and facilities to assist the administrator in exercising or performing his or her functions under this division are to be provided by the National Health Funding Body constituted under the National Health Reform Act 2011 of the Commonwealth.

(2)The administrator is not entitled to delegate a function conferred on the administrator under this division to that body, to any such member of staff or to any other person or body.

53P   Functions of administrator

(1)The administrator is—

(a)to calculate and advise the Treasurer of the Commonwealth of the amounts required to be paid by the Commonwealth into each State pool account of the National Health Funding Pool under the National Health Reform Agreement (including advice on any reconciliation of those amounts based on subsequent actual service delivery); and

(b)to monitor State payments into each State pool account for the purposes of subdivision 3; and

(c)to make payments from each State pool account in accordance with the directions of the State concerned; and

(d)to report publicly on the payments made into and from each State pool account and other matters on which the administrator is required to report under this division; and

(e)to exercise or perform any other functions conferred on the administrator under this division.

Note—

The National Health Reform Act 2011 (Cwlth) provides that the functions of the administrator include monitoring Commonwealth payments into each State pool account for the purposes of financial management and reporting.

(2)The administrator and the body and staff assisting the administrator are not subject to the control or direction of any Minister of the Commonwealth in relation to the exercise or performance of the administrator’s functions under this division.

(3)However, the administrator is required to comply with any directions given by COAG in relation to the manner in which the administrator exercises or performs his or her functions under this division (including in relation to the preparation or provision of annual or monthly reports, financial statements or information under subdivision 3).

(4)Directions given by COAG under subsection (3)—

(a)are to be given in accordance with a written resolution of COAG passed in accordance with the procedures determined by COAG; and

(b)are to be notified in writing to the administrator; and

(c)are to be made publicly available by the administrator.

(5)To avoid doubt, this division is not intended—

(a)to give the Commonwealth ownership or control of money in a State pool account; or

(b)to affect the obligation of the administrator under the law of a State to make payments from the State pool account of the State in accordance with the directions of the State.

(6)To avoid doubt, the administrator may have regard to information obtained in the exercise or performance of functions under the law of another jurisdiction in the exercise or performance of the administrator’s functions under subdivision 3.

Subdivision 3 Financial management and reporting

53Q   Financial management obligations of administrator

The administrator must—

(a)develop and apply appropriate financial management policies and procedures with respect to the State pool accounts (including policies and procedures to ensure payments from those accounts are made in accordance with the directions of the responsible Ministers); and

(b)keep proper records in relation to the administration of the State pool accounts, including records of all payments made into and from those accounts and the basis on which the payments were made; and

(c)prepare the financial statements required by this subdivision in relation to the State pool accounts and arrange for the audit of those financial statements in accordance with this subdivision.

53R   Monthly reports by administrator

(1)The administrator must provide monthly reports to the Commonwealth and each State containing the following information for the relevant month—

(a)the amounts paid into each State pool account and State managed fund by the relevant State and the basis on which the payments were made;

(b)the amounts paid into each State pool account by the Commonwealth and the basis on which the payments were made;

(c)the amounts paid from each State pool account to Hospital and Health Services, a State managed fund or other organisations or funds and the basis on which the payments were made;

(d)the amounts paid from each State managed fund to Hospital and Health Services or other organisations or funds and the basis on which the payments were made;

(e)the number of public hospital services funded for each Hospital and Health Service (including a running financial year total) in accordance with the system of activity-based funding;

(f)the number of other public hospital services and functions funded from each State pool account or State managed fund (including a running financial year total).

(2)A monthly report required to be provided to a jurisdiction under this section is to be provided to the responsible Minister for that jurisdiction or to a body or officer notified to the administrator by that Minister.

(3)The administrator is to make reports provided under this section publicly available.

53S   Annual report by administrator

(1)The administrator must, within 4 months after the end of each financial year, provide to the responsible Ministers an annual report on the exercise or performance of his or her functions under this division during the financial year.

(2)The annual report must include the following information for the relevant financial year—

(a)the amounts paid into each State pool account and State managed fund by the relevant State and the basis on which the payments were made;

(b)the amounts paid into each State pool account by the Commonwealth and the basis on which the payments were made;

(c)the amounts paid from each State pool account to Hospital and Health Services, a State managed fund or other organisations or funds and the basis on which the payments were made;

(d)the amounts paid from each State managed fund to Hospital and Health Services or other organisations or funds and the basis on which the payments were made;

(e)the number of public hospital services funded for each Hospital and Health Service in accordance with the system of activity-based funding;

(f)the number of other public hospital services and functions funded from each State pool account or State managed fund.

(3)The annual report is to be accompanied by—

(a)an audited financial statement for each State pool account; and

(b)a financial statement that combines the audited financial statements for each State pool account.

(4)A responsible Minister must, as soon as practicable after receiving an annual report under this section, cause a copy of the report to be tabled in the Parliament of the responsible Minister’s jurisdiction.

53T   Administrator to prepare financial statements for State pool accounts

The administrator must, after each financial year, prepare—

(a)a financial statement for each State pool account that details financial transactions during that financial year; and

(b)a combined financial statement that consists of the financial statements for each State pool account for the financial year.

53U   Audit of financial statements

(1)The auditor-general must, for each financial year—

(a)audit the financial statements under this subdivision for the State pool account established under section 53B; and

(b)prepare an auditor’s report about the financial statements.

(2)As soon as practicable after the auditor-general has audited the financial statements and prepared an auditor’s report, the auditor-general must—

(a)give the certified statements and the auditor’s report to the chief executive; and

(b)give a copy of the certified statements and the auditor’s report to the administrator, the Minister and the Treasurer.

(3)The Auditor-General Act 2009 applies to an audit under this section as if it were conducted under that Act.

(4)Without limiting subsection (3)—

(a)the auditor-general has the same powers the auditor-general has in relation to an audit of the consolidated fund or an entity under the Auditor-General Act 2009; and

(b)the Auditor-General Act 2009, section 53 applies to a record made, or information divulged or communicated, in relation to an audit under this section as if it were a record made, or information divulged or communicated, under that Act.

53V   Performance audits

(1)This section applies to all or any particular activities of the administrator that relate to Queensland.

(2)The auditor-general may conduct a performance audit, under the Auditor-General Act 2009, section 37A, of all or any of the particular activities of the administrator as if the administrator were a public sector entity under that Act.

(3)Before the auditor-general of this jurisdiction conducts a performance audit, the auditor-general must notify the Auditors-General of all other jurisdictions of his or her intention to conduct the proposed audit.

(4)Auditors-General who are conducting performance audits at the same time are to make arrangements to coordinate the conduct of those audits in relation to any requirements imposed on the administrator.

53W   States to provide administrator with information about State managed funds

The responsible Minister for a State is to provide information to the administrator about any of the following matters relating to the State managed fund of the State that the administrator requires for the preparation of reports and financial statements under this subdivision—

(a)the amounts paid by the State into the State managed fund and the basis on which the payments were made;

(b)the amounts paid by the State from the State managed fund to Hospital and Health Services or other organisations or funds and the basis on which the payments were made;

(c)public hospital services and functions that are funded from the State managed fund.

53X   Provision of information generally

(1)The administrator is required to provide to the responsible Minister for a jurisdiction any information requested by that responsible Minister that relates to that jurisdiction.

(2)The information is to be provided by the time requested by that responsible Minister.

(3)The administrator is required to provide to the responsible Ministers of all jurisdictions a copy of advice provided by the administrator to the Treasurer of the Commonwealth about the basis on which the administrator has calculated the payments to be made into State pool accounts by the Commonwealth.

(4)The administrator may at any time provide any information that relates to a jurisdiction to the responsible Minister for that jurisdiction.

(5)Any information relating to a jurisdiction that is provided by the administrator to another jurisdiction may only be publicly released by that other jurisdiction in accordance with arrangements approved by the responsible Minister for the jurisdiction to which the information relates.

Subdivision 4 Miscellaneous

53Y   Application of Acts to administrator

(1)The administrator is a unit of public administration under the Crime and Corruption Act 2001.

(2)The following Acts do not apply to the administrator in performing a function under this Act—

(a)the Information Privacy Act 2009;

(b)the Ombudsman Act 2001;

(c)the Right to Information Act 2009;

(d)the Public Records Act 2023.

(3)To remove doubt, it is declared that the administrator is not a statutory body for—

(a)the Statutory Bodies Financial Arrangements Act 1982; or

(b)the Financial Accountability Act 2009

53Z   Application of Commonwealth Acts

(1)The following Acts apply (subject to subsection (2)) as laws of this jurisdiction to or in respect of the administrator and any function exercised or performed by the administrator—

(a)the Archives Act 1983 of the Commonwealth;

(b)the Australian Information Commissioner Act 2010 of the Commonwealth;

(c)the Freedom of Information Act 1982 of the Commonwealth;

(d)the Ombudsman Act 1976 of the Commonwealth;

(e)the Privacy Act 1988 of the Commonwealth.

(2)Each of those Acts so applies subject to the modifications made by Regulations made under the National Health Reform Act 2011 of the Commonwealth with the agreement of all the members of the Standing Council on Health.

53ZA   Extra territorial operation of Act

It is the intention of Parliament that the operation of this division is to include, as far as possible, operation in relation to the following—

(a)things situated in or outside the territorial limits of this jurisdiction;

(b)acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;

(a)may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and

(b)must, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity.

(2)A transaction, related to an asset or liability transferred to a transferee entity, entered into by the transferee entity in the relevant transferor entity’s name or the name of a predecessor in title to the relevant transferor entity, if effected by an instrument otherwise in registrable form, must be registered even though the transferee entity has not been registered as proprietor of the asset or liability.

(3)If an asset or liability is registered in the name of a transferor entity, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice.

(4)In this section—

transferee entity means the entity to which an asset or liability is transferred under a transfer notice.

transferor entity means the entity from which an asset or liability is transferred under a transfer notice.

311   Effect on legal relationships

(1)Nothing done under a transfer notice—

(a)makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or

(b)makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or

(c)except as expressly provided under a transfer notice, is taken to fulfil a condition that—

(i)terminates, or allows a person to terminate, an instrument or obligation; or

(ii)modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or

(iii)allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or

(iv)requires any money to be paid before its stated maturity; or

(d)releases a surety or other obligee, wholly or partly, from an obligation.

(2)If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under a transfer notice, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.

Example—

A contract entered into by the State provides that the State agrees not to transfer a particular asset without a particular person’s consent and that, if the consent is given, it may be subject to particular conditions. If the asset is transferred to another entity under a transfer notice, the consent required under the contract is taken to have been given unconditionally.

(3)If, apart from this subsection, giving notice to a person would be necessary to do something under a transfer notice, the notice is taken to have been given.

(4)A reference in this section to things done under a transfer notice includes the steps taken, before the transfer notice is made, for the purpose of doing the things.

(5)In this section—

relevant entity means the State or an employee or agent of the State.

312   Things done under transfer notice

To remove any doubt, it is declared that a thing is taken to be done under a transfer notice if it is done by, or in compliance with, a transfer notice, even if the thing includes taking steps under another Act.

313   Requirement for Service to develop engagement strategies

(1)This section applies to the requirement for a Service to develop and publish the following strategies under section 40—

(a)a clinician engagement strategy;

(b)a consumer and community engagement strategy.

(2)The Service must develop and publish each of the strategies within 6 months after the commencement of this section.

314   Requirement for Service to develop protocol

(1)This section applies to the requirement for a Service to use its best endeavours to agree on and publish a protocol under section 42.

(2)The Service must use its best endeavours to agree on and publish the protocol within 6 months after the commencement of this section.

315   Advertising for members of boards before commencement

(1)Subsection (2) applies if, before the commencement, the Minister has advertised for expressions of interest from suitably qualified persons interested in being members of a board.

(2)The advertisement is taken to have been made under section 24.

316   Reporting obligations for prescribed public hospitals to continue

(1)This section applies to the obligations under the repealed Act, part 4A about reporting the performance of prescribed public hospitals.

(2)The obligations under the repealed Act, part 4A continue to apply until a day prescribed by regulation.

317   When chief executive may decide service agreement

(1)This section applies if the chief executive considers that there is not a reasonable time to negotiate and enter into the first service agreement with a Service.

(2)The chief executive may decide the terms of the service agreement and give the chair of the Service’s board a copy of the agreement.

(3)The term of the service agreement must not be longer than 1 year.

(4)The service agreement is taken to have been entered into under section 35.

318   [Repealed]

319   [Expired]

Division 3 Savings and transitionals for the Health and Hospitals Network and Other Legislation Amendment Act 2012

319A   Definitions for div 3

In this division—

amendment Act means the Health and Hospitals Network and Other Legislation Amendment Act 2012.

commencement means 1 July 2012.

319B   Governing councils continue in existence as Hospital and Health Boards

(1)A governing council in existence immediately before the commencement continues in existence as a Hospital and Health Board under this Act.

(2)If something is done by or in relation to a governing council before the commencement, the thing is taken to be done by or in relation to the board.

(3)Without limiting subsection (2), an appointment of a member of a governing council is taken to be an appointment to the board.

319C   Networks continue in existence as Hospital and Health Services

(1)A network in existence immediately before the commencement continues in existence as a Hospital and Health Service under this Act.

(2)If something is done by or in relation to a network before the commencement, the thing is taken to be done by or in relation to the Service.

319D   [Expired]

Division 4 Transitional provisions for the Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013

320   Senior health service employees

Section 74A applies to a person appointed as a health service employee, whether the appointment was made before or after the commencement of the section.

321   [Expired]

Division 5 Transitional provision for Health and Other Legislation Amendment Act 2014

322   Transitional provision for chain of event documents

(1)This section applies if, before the commencement, an RCA team conducting an RCA of a reportable event prepared a chain of events document in relation to the event.

(2)Part 6, division 2, subdivisions 5 and 6, as in force immediately before the commencement, continue to apply in relation to the chain of events document as if the Health and Other Legislation Amendment Act 2014 had not been enacted.

(3)In this section—

chain of events document see section 100(2) as in force from time to time before the commencement.

Division 6 Transitional provisions for Industrial Relations (Restoring Fairness) and Other Legislation Amendment Act 2015

323   Definitions for div 6

In this division—

amending Act means the Industrial Relations (Restoring Fairness) and Other Legislation Amendment Act 2015.

commission means the Queensland Industrial Relations Commission.

interim SMO contract means—

(a)a continuing contract within the meaning of the Industrial Relations Act 1999, section 854A(1), under which a senior medical officer is engaged; or

(b)a contract entered into with a senior medical officer—

(i)on or after the commencement; and

(ii)before an agreement is certified, or an arbitration determination is made, under the Industrial Relations Act 1999, chapter 6 that covers all senior medical officers.

pre-modernisation health agreement means the ‘Medical Officers’ (Queensland Health) Certified Agreement (No. 3) 2012’.

pre-modernisation health award means—

(a)the ‘District Health Services - Senior Medical Officers and Resident Medical Officers’ Award - State 2012’; or

(b)the ‘Medical Superintendents with Right of Private Practice and Medical Officers with Right of Private Practice - Queensland Public Hospitals, Award - State 2012’.

pre-modernisation health instruments means each of the following—

(a)a pre-modernisation health award;

(b)the pre-modernisation health agreement.

senior medical officer means a senior health service employee employed in a position at a classification level mentioned in the Hospital and Health Boards Regulation 2012, schedule 1A, part 1.

324   Pre-modernisation industrial instruments

(1)Despite the repeal of the Industrial Relations Act 1999, chapter 6A by the amending Act, a pre-modernisation industrial instrument does not apply to a senior medical officer from the commencement.

(2)Subsection (1) applies subject to section 326.

(3)On reaching its nominal expiry date, the pre-modernisation health agreement does not become a continuing agreement under the Industrial Relations Act 1999, section 827(2).

(4)In this section—

pre-modernisation industrial instrument see the Industrial Relations Act 1999, schedule 5.

325   Making of order by commission to apply pre-modernisation health instruments to senior medical officers

(1)This section starts applying on 1 August 2015.

(2)Subject to subsection (4), a person mentioned in subsection (3) may apply to the commission for an order to apply the pre-modernisation health instruments to senior medical officers.

(3)The application may be made by—

(a)the chief executive; or

(b)an employee organisation, within the meaning of the Industrial Relations Act 1999, that is a party to the pre-modernisation health agreement.

(4)An application may not be made under subsection (2) if section 327 has started applying to all senior medical officers.

(5)If an application is made under subsection (2), the commission must make an order declaring that the pre-modernisation health instruments apply to senior medical officers.

(6)However, subsection (5) does not apply if the applicant withdraws the application before the order is made.

326   Effect of pre-modernisation instrument order

(1)This section applies if the commission makes an order under section 325(5).

(2)From the start of a senior medical officer’s first full pay period that starts on or after the day the order is made—

(a)subject to subsection (3) and section 327(3), the pre-modernisation health instruments apply to the senior medical officer; and

(b)the senior medical officer’s interim SMO contract is terminated, other than to the extent it provides for the senior medical officer’s private practice and employment details.

Note—

While the pre-modernisation health instruments apply to the senior medical officer, the employment conditions under the Industrial Relations Act 1999, chapter 2 apply to the officer—see sections 8AA and 71B of that Act.

(3)Clause 4.11 of the pre-modernisation health agreement does not apply to the senior medical officer despite the making of the order.

Note—

Clause 4.11 of the pre-modernisation health agreement is about private practice arrangements.

(4)The operation of subsection (2) does not—

(a)constitute a termination of the senior medical officer’s employment; or

(b)entitle the senior medical officer to a payment of money or other compensation.

(5)In this section—

employment details, in relation to an interim SMO contract, means a matter provided for under schedule 2, items 1 to 8 (other than item 8a) of the contract.

327   Making of new certified agreement or determination

(1)This section applies to a senior medical officer if, after the commencement, a new agreement is certified, or an arbitration determination is made, under the Industrial Relations Act 1999, chapter 6 that covers the senior medical officer.

(2)If immediately before the relevant day the pre-modernisation health instruments do not apply to the senior medical officer under section 326, the senior medical officer’s interim SMO contract is terminated on the relevant day.

(3)If immediately before the relevant day the pre-modernisation health instruments apply to the senior medical officer under section 326, on the relevant day—

(a)the senior medical officer’s interim SMO contract is terminated to the extent it provided for a matter mentioned in section 326(2)(b); and

(b)the pre-modernisation health instruments stop applying to the senior medical officer.

(4)The operation of subsection (2) or (3) does not—

(a)constitute a termination of the senior medical officer’s employment; or

(b)entitle the senior medical officer to a payment of money or other compensation.

(5)In this section—

relevant day means the day the agreement mentioned in subsection (1) is certified, or the arbitration determination mentioned in subsection (1) is made, as the case may be.

328   Application of amended s 75

Section 75 as amended by the amending Act applies to a decision made, or a matter otherwise arising, on or after the commencement.

Division 7 Transitional provision for Health Legislation Amendment Act 2020

329   Aboriginal and Torres Strait Islander board membership

Section 23(4) does not apply to the membership of a board until the first time after the commencement at which both—

(a)a vacancy in the membership exists; and

(b)1 or more of the members of the board are clinicians within the meaning of section 23(5).

Division 8 Transitional provisions for Health and Other Legislation Amendment Act 2024

330   Clinical reviews started before commencement

Section 135, as in force on the commencement, applies in relation to a clinical review for which a report is provided after the commencement, whether the review started before or after the commencement.

331   Health service investigations started before commencement

Section 199, as in force on the commencement, applies in relation to an investigation for which a report is provided after the commencement, whether the investigation started before or after the commencement.

Schedule 1 Conduct of business by boards

section 32

1   Application of sch 1

This schedule applies to the conduct of business by a board.

2   Conduct of business by board

The board may conduct its business, including its meetings, in the way it considers appropriate.

3   Times and places of meetings

(1)Meetings of the board are to be held at the times and places the chair decides.

(2)However, the chair must call a meeting if asked, in writing, to do so by the Minister or at least the number of members forming a quorum for the board.

4   Quorum

A quorum for a meeting of the board is one-half the number of its members, or if one-half is not a whole number, the next highest whole number.

5   Presiding at meetings

(1)The chair is to preside at all meetings of the board at which the chair is present.

(2)If the chair is not present at a meeting, the deputy chair is to preside.

(3)If neither the chair nor deputy chair is present at a meeting, a member of the board chosen by the members is to preside.

6   Conduct of meetings

(1)A question at a meeting of the board is decided by a majority of the votes of the members present.

(2)Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.

(3)A member present at the meeting who abstains from voting is taken to have voted for the negative.

(4)The board may hold meetings, or permit members to take part in meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen.

Example of use of technology—

teleconferencing

(5)A member who takes part in a meeting of the board under subsection (4) is taken to be present at the meeting.

(6)A resolution is validly made by the board, even if it is not passed at a meeting of the board, if—

(a)a majority of the board members gives written agreement to the resolution; and

(b)notice of the resolution is given under procedures approved by the board.

7   Minutes

(1)The board must keep—

(a)minutes of its meetings; and

(b)a record of any resolutions made under section 6(6) of this schedule.

(2)Subsection (3) applies if a resolution is passed at a meeting of the board by a majority of the members present.

(3)If asked by a member who voted against the passing of the resolution, the board must record in the minutes of the meeting that the member voted against the resolution.

8   Committees

(1)The board—

(a)may establish committees of the board for effectively and efficiently performing its functions; and

(b)must establish the committees prescribed under a regulation.

(2)A committee may include a person who is not a member of the board.

(3)The board is to decide the terms of reference of a committee.

(4)The functions of a committee are to—

(a)advise and make recommendations to the board about matters, within the scope of the board’s functions, referred by the board to the committee; and

(b)exercise powers delegated to it by the board.

Note—

Section 30 states that a board may delegate powers to a committee of the board if all of the members of the committee are board members.

(5)A committee must keep a record of the decisions it makes when exercising a power delegated to it by the board.

(6)The board may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings.

(7)A member of a committee is entitled to the fees and allowances fixed by the Governor in Council for performing his or her functions as a committee member.

9   Disclosure of interests

(1)This section applies to a member of the board or committee (the interested person) if—

(a)the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by the board or committee; and

(b)the interest could conflict with the proper performance of the person’s duties about the consideration of the issue.

(2)As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a board or committee meeting.

(3)Unless the board or committee otherwise directs, the interested person must not—

(a)be present when the board or committee considers the issue; or

(b)take part in a decision of the board or committee about the issue.

(4)The interested person must not be present when the board or committee is considering whether to give a direction under subsection (3).

(5)If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not—

(a)be present when the board or committee is considering whether to give a direction under subsection (3) about the interested person; or

(b)take part in making the decision about giving the direction.

(6)If—

(a)because of this section, a board or committee member is not present at a board or committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and

(b)there would be a quorum if the member were present;

the remaining persons present are a quorum of the board or committee for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.

(7)A disclosure under subsection (2) must be recorded in the minutes of the board or committee.

Schedule 2 Dictionary

section 14

Act official see section 141(2).

administrator—

(a)for sections 276 and 277—means the administrator appointed under section 276; or

(b)otherwise—means the administrator appointed under section 53K.

ancillary board means a Hospital and Health Ancillary Board.

applied Public Service law ...

appoint, a person as a health service employee, means—

(a)for a person who is a health service employee—promote, transfer, second, enter into a contract with or redeploy the employee; or

(b)for a person to whom paragraph (a) does not apply—employ the person as a health service employee.

appointer means—

(a)for a health service audit under part 4, division 2—a person who appoints a health service auditor under section 56; or

(b)for a clinical review under part 6, division 3—a person who appoints a clinical reviewer under section 125; or

(c)for part 8—the person who appoints an authorised person under section 163 or a security officer under section 164; or

(d)for a health service investigation under part 9—a person who appoints a health service investigator under section 190.

approved form means a form approved by the chief executive.

Australian Commission on Safety and Quality in Health Care means the body established under the National Health Reform Act 2011 (Cwlth).

authorised person means a person appointed as an authorised person under section 163.

award see the Industrial Relations Act 2016, schedule 5.

blameworthy act, for part 6, division 2, see section 94.

board means a Hospital and Health Board.

building includes the building services’ plant and equipment for the building.

Examples—

air-conditioning, electrical light and power, water and waste services, data and communication, and lifts

certified agreement see the Industrial Relations Act 2016, schedule 5.

chain of events document ...

chief executive means the chief executive of the department administering this Act.

chief health officer means the chief health officer under section 52.

chief psychiatrist see the Mental Health Act 2016, schedule 3.

clinical review includes an assessment of whether a health service provided to a person was provided in accordance with recognised clinical standards.

clinical reviewer means a clinical reviewer appointed under section 125.

clinician engagement strategy see section 40(1)(a).

COAG, for part 3A, division 4, has the meaning given in section 53I.

commencement, for part 13, division 2, see section 284.

commissioning authority, for part 6, division 2, see section 94.

committee, for part 6, division 1, means a quality assurance committee.

confidential information, for part 7, see section 139.

consumer and community engagement strategy see section 40(1)(b).

contracted health service employee means a health service employee appointed on contract under section 67.

contracted senior health service employee ...

coroner, for part 6, division 2, see section 94.

corporate support service includes financial management, asset management, human resource management, information and communication technology, information management, purchasing and logistics, legal services and insurance arrangements.

court, for part 10, see section 201.

deputy chief health officer means a deputy chief health officer under section 53AA.

designated person, for part 7, see section 139.

director of mental health ...

disposal order, for part 10, see section 201.

district manager, for part 13, division 2, see section 284.

electronic document ...

enrolled nurse, for part 6, division 5, see section 138G.

excluded notifiable conduct, for a registered health practitioner, means—

(a)practising the practitioner’s profession while intoxicated by alcohol or drugs; or

(b)practising the practitioner’s profession in a way that constitutes a significant departure from accepted professional standards but not in a way that places the public at risk of substantial harm; or

(c)engaging in sexual misconduct in connection with the practice of the practitioner’s profession.

executive committee means an executive committee established under section 32A.

former owner, for part 10, see section 201.

functions includes powers.

funding arrangement, for a public sector health service, includes an activity-based funding arrangement.

general power, for part 10, see section 201.

governing council ...

guardian, for part 7, see section 139.

health employment directive means a health employment directive issued by the chief executive under section 51A.

health equity strategy see section 40(1)(c).

health executive means a person appointed as a health executive under section 67.

health executive service means the health executive service continued under section 70.

health ombudsman means the health ombudsman under the Health Ombudsman Act 2013.

health practitioner registration Act ...

health professional means—

(a)a person registered under the Health Practitioner Regulation National Law; or

(b)a person, other than a person referred to in paragraph (a), who provides a health service, including, for example, an audiologist, dietitian or social worker.

Health Quality and Complaints Commission ...

health service see section 15.

health service area means a health service area declared under section 17.

health service audit see section 55(2).

health service auditor means a health service auditor appointed under section 56.

health service chief executive means a health service chief executive appointed for a Service under section 33.

health service directive means a health service directive issued by the chief executive to a Service under section 47.

health service district, for part 13, division 2, see section 284.

health service employee means a person appointed as a health service employee under section 67.

health service facility, for part 6, division 2, see section 94.

health service investigator means a health service investigator appointed under section 190.

health services land means land and buildings from which public sector health services are delivered.

help requirement, for part 10, see section 201.

high-income guarantee contract ...

hospital includes any premises providing medical or surgical treatment, and nursing care, for ill or injured persons.

Hospital and Health Board, for a Service, means the board appointed for the Service under section 23.

Hospital and Health Service—

(a)for part 3A, division 4—has the meaning given in section 53I; and

(b)otherwise—means a Hospital and Health Service established under section 17.

identity card—

(a)for part 8—see section 162; or

(b)for part 10—see section 201.

impairment, for a registered health practitioner, has the meaning given by the Health Practitioner Regulation National Law.

industrial instrument see the Industrial Relations Act 2016, schedule 5.

information, for part 6, subdivision 5, see section 104.

information commissioner, for part 13, division 2, see section 284.

information notice, for part 10, see section 201.

inspector means a person who holds office under part 10, division 2 as an inspector.

licensee, of a private health facility, see the Private Health Facilities Act 1999, schedule 3.

local clinical governance arrangements means the policies, processes and accountabilities for improving patient safety and the quality, effectiveness and dependability of services provided by a Service.

local primary healthcare organisation, for a Service, means a primary healthcare organisation whose geographic area coincides in whole or in part with the health service area for the Service.

major capital works means the capital works prescribed by regulation.

member, of a board, means a member appointed under section 23.

midwife, for part 6, division 4, see section 138A.

minor capital works means capital works other than major capital works.

misconduct, for a member of a board, means—

(a)inappropriate or improper conduct in performing the member’s duties; or

(b)inappropriate or improper conduct in a private capacity that reflects seriously or adversely on the board.

National Agency has the meaning given by the Health Practitioner Regulation National Law.

national clinical standards means clinical standards the Commonwealth and the States have agreed apply to health services, including standards developed by the Australian Commission on Safety and Quality in Health Care.

National Health Funding Pool has the meaning given in section 53I.

National Health Reform Agreement has the meaning given in section 53I.

network ...

network area ...

network chief executive ...

network employee ...

network health executive ...

notice, for part 10, see section 201.

nurse—

(a)for part 6, division 4, see section 138A; or

(b)for part 6, division 5, see section 138G.

nursing and midwifery regulation, for part 6, division 4, see section 138A.

nursing and midwifery workload management information, for part 6, division 4, see section 138A.

occupier, for part 10, see section 201.

of, a place, for part 10, see section 201.

offence warning—

(a)for part 8—see section 162; or

(b)for part 10—see section 201.

official traffic sign, for part 8, see section 162.

owner—

(a)for part 8—see section 162; or

(b)for part 10—see section 201.

parent, for part 7, see section 139.

performance data includes patient activity, financial, human resource, facility and clinical performance data.

personal details requirement—

(a)for part 8—see section 162; or

(b)for part 10—see section 201.

person in control, for part 10, see section 201.

place, for part 10, see section 201.

premises, for part 10, see section 201.

prescribed day, for a Service, means the day the Service is prescribed under section 20(4).

prescribed health practitioner ...

prescribed health professional, for part 7, see section 139.

prescribed information system, for part 7, see section 139.

prescribed Service means a Service prescribed under section 20(4).

primary healthcare organisation means a body or organisation recognised as a primary healthcare organisation under a law of the Commonwealth.

private health facility see the Private Health Facilities Act 1999, section 8.

promote, a health service employee, means employ the employee at a higher classification level, other than temporarily.

public patient means an individual who is a patient in a hospital but is not the patient of a medical practitioner in private practice while in the hospital.

public place, for part 10, see section 201.

public risk notifiable conduct, for a registered health practitioner, means—

(a)placing the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or

(b)placing the public at risk of substantial harm by practising the profession in a way that constitutes a significant departure from accepted professional standards.

public sector health service means a health service provided by a Service or the department and includes a health service declared under a regulation to be a public sector health service, but does not include a health service declared under a regulation not to be a public sector health service.

public sector health service facility means a facility at which public sector health services are provided.

public sector hospital means a hospital operated by a Service or the State.

quality assurance committee means a quality assurance committee established under section 82.

Queensland Ambulance Service means the Queensland Ambulance Service established under the Ambulance Service Act 1991.

RCA, of a reportable event, for part 6, division 2, see section 94.

RCA report, for part 6, division 2, see section 94.

RCA team, for part 6, division 2, see section 94.

reasonably believes, for part 10, see section 201.

reasonably suspects, for part 10, see section 201.

redeploy, a health service employee, means employ the employee at a lower classification level, other than temporarily.

registered health practitioner means an individual who—

(a)is registered under the Health Practitioner Regulation National Law to practise a health profession, other than as a student; or

(b)holds non-practising registration under the Health Practitioner Regulation National Law in a health profession.

registered nurse, for part 6, division 5, see section 138G.

regulatory notice, for part 8, see section 162.

relevant chief executive means—

(a)for information held by a Service—the health service chief executive or the chief executive; or

(b)for information held by the department—the chief executive.

relevant health practitioner ...

relevant health service, for part 6, division 2, see section 94.

relevant person means—

(a)for a quality assurance committee, a person authorised by the committee to help the committee in the performance of its functions, including by—

(i)providing administrative or secretarial services to the committee; or

(ii)advising the committee about the performance of its functions; or

(iii)preparing reports and other information for the committee; or

(b)for a commissioning authority, a person authorised by the authority to help the authority in the performance of its functions, including by—

(i)providing administrative or secretarial services to the authority; or

(ii)advising the authority about the performance of its functions; or

(iii)preparing reports and other information for the authority; or

(c)for an RCA team, a person authorised by the RCA team to help the RCA team in the performance of its functions, including by—

(i)providing administrative or secretarial services to the RCA team; or

(ii)advising the RCA team about the performance of its functions; or

(iii)preparing reports and other information for the RCA team.

repealed Act means the Health Services Act 1991.

reportable event, for part 6, division 2, see section 94.

reprisal, for part 6, division 2, means a reprisal as mentioned in section 120(3).

resident, at a State aged care facility, for part 6, division 5, see section 138G.

residential care, for part 6, division 5, see section 138G.

responsible Minister, for part 3A, division 4, has the meaning given in section 53I.

Root cause analysis, of a reportable event, for part 6, division 2, see section 94.

second, a health service employee, means temporarily employ the person at the same or different classification level, on different duties or at a different location.

security officer means a person appointed as a security officer under section 164.

senior health service employee see section 74A.

Service means a Hospital and Health Service.

service agreement, for a Service, see section 16.

specialised health service means a health service provided by the department.

Standing Council on Health, for part 3A, division 4, has the meaning given in section 53I.

State, for part 3A, division 4, has the meaning given in section 53I.

State aged care facility, for part 6, division 5, see the Public Health Act 2005, section 61A.

State aged care facility regulation, for part 6, division 5, see section 138G.

State aged care facility workload management information, for part 6, division 5, see section 138G.

State managed fund has the meaning given in section 53I.

State pool account has the meaning given in section 53I.

support service includes a corporate support service, business support service and clinical support service.

Examples of business support service—

•a cleaning service

•catering and laundry services

•a service providing food to hospital patients

•a service to maintain medical equipment

Examples of clinical support service—

•a pathology service

•a blood management service

support worker, for part 6, division 5, see section 138G.

takes a reprisal, for part 6, division 2, means contravenes section 120(1).

temporary health service employee means a health service employee appointed on a temporary basis under section 67.

tenured health service employee means a health service employee appointed on tenure under section 67.

transfer, a health service employee, means employ the employee at the same classification level, on different duties or at a different location, other than temporarily.

transfer notice—

(a)for part 12, division 1—see section 273A(2); or

(b)for part 13—see section 307(2).

vehicle—

(a)for part 8—see section 162; or

(b)for part 10—see section 201.

working for a Service, for a person employed in the department, means—

(a)working in and for a Service under an agreement between the chief executive and the Service for the chief executive to provide departmental employees to perform work for the Service; and

(b)reporting directly or indirectly to the health service chief executive.

Example of a person who does not work for a Service—

a person employed in the department who provides pathology services to a hospital and health service and does not report directly or indirectly to a health service chief executive