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This is a Bill, not an Act. For current law, see the Acts databases.
HEALTH LEGISLATION AMENDMENT BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Health
Legislation Amendment Bill 2006
Contents
Page
Part
2.1 Community and Health Services Complaints
Act 1993 46
Part 2.2 Health
Regulation 2004 46
Part 2.3 Mental
Health (Treatment and Care) Act 1994 47
Part 2.4 Pharmacy
Act 1931 47
Part 2.5 Poisons Act
1933 47
Part
2.6 Prostitution Act
1992 48
Part 2.7 Public
Health Act 1997 48
Part 2.8 Road
Transport (Alcohol and Drugs) Act 1977 48
Part 2.9 Sexually
Transmitted Diseases Act 1956 49
Part
2.10 Tuberculosis Act
1950 49
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Health Legislation
Amendment Bill 2006
A Bill for
An Act to amend laws relating to health
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Health Legislation Amendment Act 2006.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
3 Legislation
amended—pt 2
This part amends the Health Act 1993.
Note 1 The Act is also amended in sch 1.
Note 2 This Act also repeals some instruments made under the Act
(see sch 3).
4 DictionarySection 2,
note 1
substitute
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition ‘health
professional—see the Health Professionals Act 2004,
section 14.’ means that the term ‘health professional’ is
defined in that section and applies to this Act.
substitute
Part 2 Important
concepts
5 What is a health
service?
For this Act, a health service is a service provided to
someone (the service user) for any of the following
purposes:
(a) assessing, recording, maintaining or improving the physical, mental or
emotional health, comfort or wellbeing of the service user;
(b) diagnosing, treating or preventing an illness, disability, disorder or
condition of the service user.
6 What is a health
facility?
(1) In this Act:
health facility means the following facilities where health
services are provided:
(a) a hospital, including a day hospital;
(b) a hospice;
(c) a nursing home;
(d) a health professional’s consulting room;
(e) another facility ordinarily used by the Territory to provide health
services;
(f) any other facility prescribed by regulation for this
section.
7 Who is a health service
provider?
In this Act:
health service provider—
(a) means a health professional or other person who provides a health
service; and
(b) for a health facility, means a health service provider
who—
(i) provides a health service at the health facility; or
(ii) uses the equipment or other facilities of the health facility to
provide a health service elsewhere.
Examples of people who may be health service
providers
1 a chiropractor
2 a dentist
3 a dental technician
4 a dental prosthetist
5 a doctor
6 a nurse
7 an osteopath
8 an optometrist
9 a pharmacist
10 a physiotherapist
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
substitute
Part 4 Quality
assurance
Division 4.1 Quality
assurance—important concepts
20 Definitions—pt 4
In this part:
CEO—
(a) of a health facility—see section 22; and
(b) of a health professional organisation—see
section 23.
health facility QAC, for a health facility, means a committee
approved under section 25 as a quality assurance committee for the health
facility.
health professional organisation—see
section 21.
health professional organisation QAC, for a health
professional organisation, means a committee approved under section 26 as a
quality assurance committee for the health professional organisation.
health service report—see section 38.
ministerial report—see section 41.
special purpose QAC means a committee approved under
section 27 for a purpose.
Note Quality assurance committee is defined for the
Act in s 24.
21 What is a health professional
organisation?
In this part:
health professional organisation means an entity
that—
(a) is an association, society, college, faculty or other body of
professionals who provide a health service; and
(b) is prescribed by regulation for this section.
22 Who is the CEO of a health
facility?
In this part:
CEO, of a health facility, means—
(a) for a health facility operated by the Territory—the chief
executive; or
(b) in any other case—the person with overall responsibility for the
control of the health facility.
23 Who is the CEO of a health professional
organisation?
In this part:
CEO, of a health professional organisation, means the person
with overall responsibility for the control of the health professional
organisation.
Division 4.2 Quality assurance—quality
assurance committees
24 What is a quality assurance
committee?
In this Act:
quality assurance committee means—
(a) a health facility QAC; or
(b) a health professional organisation QAC; or
(c) a special purpose QAC.
25 Approval of health facility
QACs
(1) The Minister may approve a stated committee as a quality assurance
committee for a stated health facility.
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
26 Approval of health professional organisation
QACs
(1) The Minister may approve a stated committee as a quality assurance
committee for a stated health professional organisation.
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
27 Approval of special purpose
QACs
(1) The Minister may approve a stated committee as a quality assurance
committee for a stated purpose.
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
28 Quality assurance committees—criteria for
approval
The Minister may approve a committee as a quality assurance committee under
section 25, section 26 or section 27 only if satisfied
that—
(a) the committee’s functions would be facilitated by the members,
and other people mentioned in section 34, being protected from liability
under section 34 (Quality assurance committees—protection of members
etc from liability); and
(b) it is in the public interest for part 8 (Secrecy) to apply to
information held by the committee members.
29 Quality assurance committees—revocation of
approval
The Minister may revoke the approval of a committee as a quality assurance
committee if—
(a) the Minister is not satisfied about 1 or both of the criteria
mentioned in section 28 in relation to the committee; or
(b) the committee has failed to prepare a health service report as
required under section 38; or
(c) the committee has failed to give a health service report as required
under section 39; or
(d) the committee has failed to prepare, or give, a ministerial report as
required under section 41 (Annual quality assurance committee report to
Minister); or
(e) the committee has failed to prepare a report as required by a
regulation made under section 42 (Other quality assurance reports);
or
(f) for the last year, none of the members of the committee has held
sensitive information in the exercise of a function under this Act.
Note 1 Sensitive information is defined in
s 124.
Note 2 Power to make a statutory instrument includes power to amend
or repeal the instrument. The power to amend or repeal the instrument is
exercisable in the same way, and subject to the same conditions, as the power to
make the instrument (see Legislation Act, s 46).
30 Quality assurance
committees—functions
A quality assurance committee has the following functions:
(a) to facilitate the improvement of health services provided in the
ACT;
(b) any other function given to the committee under this Act.
31 Quality assurance committees—appointment of
members
(1) The CEO of a health facility must appoint the members of a health
facility QAC for the health facility.
(2) The CEO of a health professional organisation must appoint the members
of a health professional organisation QAC for the health professional
organisation.
(3) The chief executive must appoint the members of a special purpose
QAC.
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and
dict, pt 1, def appoint).
32 Quality assurance committees—disclosure of
interests
(1) Section 190 (Disclosure of interests by committee members) applies to
quality assurance committees.
(2) If a person acting under the direction of a quality assurance
committee has a material interest in an issue being considered, or about to be
considered, by the committee, the person must disclose the nature of the
interest at a committee meeting as soon as practicable after the relevant facts
come to the person’s knowledge.
(3) In this section:
material interest—see section 133 (4).
33 Quality assurance
committees—procedure
In exercising its functions, a quality assurance committee—
(a) must comply with the rules of natural justice; and
(b) is not bound by the rules of evidence but may inform itself of
anything in the way it considers appropriate; and
(c) may do whatever it considers necessary or convenient for the fair and
prompt conduct of its functions.
34 Quality assurance committees—protection of
members etc from liability
(1) In this section:
relevant person, for a quality assurance
committee—
(a) means a person who is, or has been, a member of the committee;
and
(b) includes anyone engaging in conduct under the direction of a person
who is a member of the committee.
(2) A relevant person for a quality assurance committee is not personally
liable for anything done or omitted to be done honestly and without
recklessness—
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the act or omission was in the exercise
of a function under this Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(3) Any civil liability that would, apart from this section, attach to a
relevant person for a quality assurance committee attaches instead
to—
(a) if the committee is a health facility QAC for a health
facility—the health facility; or
(b) if the committee is a health professional organisation QAC for a
health professional organisation—the health professional organisation;
or
(c) if the committee is a special purpose QAC—the
Territory.
35 Quality assurance committees—obtaining
information
(1) A quality assurance committee carrying out a function under this Act
may ask anyone to give the committee information, including protected
information, that is relevant to the committee carrying out the
function.
Note The identity of a person who gives information to a committee
under this section is protected (see pt 8).
(2) When asking anyone for information, the committee must tell the person
that giving false or misleading information is an offence against the Criminal
Code, section 338 (Giving false or misleading information).
(3) If someone gives information honestly and without recklessness to a
quality assurance committee under subsection (1)—
(a) the giving of the information is not—
(i) a breach of confidence; or
(ii) a breach of professional etiquette or ethics; or
(iii) a breach of a rule of professional conduct; and
(b) the person does not incur civil or criminal liability only because of
the giving of the information.
Division 4.3 Assessment and evaluation
of health services
36 Assessment and evaluation of health
services
(1) A health facility QAC for a health facility may assess and evaluate
health services provided by health service providers for the health facility by
carrying out a quality assurance activity with the health service
providers.
(2) A health professional organisation QAC for a health professional
organisation may assess and evaluate health services provided by health service
providers who are members of a health professional organisation by carrying out
a quality assurance activity with the health service providers.
(3) A special purpose QAC may, for a purpose for which it was approved,
assess and evaluate health services provided by health service providers for any
health facility by carrying out a quality assurance activity with the health
service providers.
(4) In this section:
quality assurance activity means an activity approved as a
quality assurance activity under section 37.
37 Approval of quality assurance
activities
(1) The Minister may approve an activity as a quality assurance activity
if satisfied that the activity is designed to evaluate, monitor or improve the
quality of a health service.
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
Examples of activities designed to evaluate,
monitor or improve the quality of a health service
1 clinical audits
2 records audits
3 peer review
4 quality review
5 investigation into disease and death.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
38 Preparing health service
reports
(1) This section applies to a quality assurance committee if it completes
an assessment and evaluation under section 36.
(2) The quality assurance committee must prepare a report (a health
service report) about the assessment and evaluation.
Note The report must be prepared as soon as possible (see
Legislation Act, s 151B).
(3) The health service report must include the following:
(a) details of the health services assessed and evaluated;
(b) the results of the assessment and evaluation;
(c) the committee’s conclusions;
(d) the committee’s recommendations (if any).
39 Giving health service reports to CEO or chief
executive
(1) This section applies to a quality assurance committee if it prepares a
health service report.
(2) The quality assurance committee must give a copy of the report
to—
(a) if the committee is a health facility QAC for a health
facility—the CEO of the health facility; or
(b) if the committee is a health professional organisation QAC for a
health professional organisation—the CEO of the health professional
organisation; or
(c) if the committee is a special purpose QAC—the chief
executive.
Note The report must be given as soon as possible (see Legislation
Act, s 151B).
40 Monitoring implementation of
recommendations
If a quality assurance committee makes a recommendation in a health service
report, the committee may monitor the implementation of the
recommendation.
Division 4.4 Quality assurance
committees—reporting
41 Annual quality assurance committee report to
Minister
(1) A quality assurance committee must, for each financial year, prepare a
report (a ministerial report) about the committee’s
operation during the year.
(2) The ministerial report must include information for the financial year
about—
(a) the committee’s functions under division 4.3 (Assessment
and evaluation of health services); and
(b) how the committee’s functions were facilitated by the members,
and other people mentioned in section 34, being protected from liability
under section 34 (Quality assurance committees—protection of members
etc from liability); and
(c) why it was in the public interest for part 8 (Secrecy) to apply
to information held by the committee members.
(3) The ministerial report must comply with any requirements prescribed by
regulation for this section.
(4) The ministerial report must not include sensitive
information.
Note Sensitive information is defined in
s 124.
(5) The ministerial report must be given to the Minister not later than
3 months after the end of the financial year.
42 Other quality assurance committee
reports
(1) A quality assurance committee must prepare a report prescribed by
regulation for this section.
(2) The report must include the following information about the operation
of the committee—
(a) how the committee’s functions were facilitated by the members,
and other people mentioned in section 34, being protected from liability
under section 34 (Quality assurance committees—protection of members
etc from liability); and
(b) why it was in the public interest for part 8 (Secrecy) to apply
to information held by the committee members.
(3) The report must not include sensitive information.
Note Sensitive information is defined in
s 124.
Division 4.5 Quality assurance
committees—information sharing
43 Quality assurance committees—giving
information to the Coroner’s Court
A quality assurance committee must not give protected information to the
Coroner’s Court unless the committee is satisfied that giving the
information would be likely to facilitate the improvement of health services
provided in the ACT.
Note Protected information includes sensitive information
(see s 123).
44 Quality assurance committees—giving
information to other quality assurance committees
A quality assurance committee must not give protected information to
another quality assurance committee unless the committee is satisfied that
giving the information would be likely to facilitate the improvement of health
services provided in the ACT.
Note Protected information includes sensitive information
(see s 123).
45 Quality assurance committees—giving
information to health profession board
A quality assurance committee must not give protected information to a
health profession board unless the committee is satisfied that giving the
information would be likely to facilitate the improvement of health services
provided in the ACT.
Note Protected information includes sensitive information
(see s 123).
46 Quality assurance committees—giving
information to Minister
A quality assurance committee must not give protected information to the
Minister unless—
(a) the information is not sensitive information; and
(b) the committee is satisfied that giving the information would be likely
to facilitate the improvement of health services provided in the ACT.
47 Quality assurance committees—admissibility
of evidence
(1) The following are not admissible as evidence in a proceeding before a
court:
(a) an oral statement made in a proceeding before a quality assurance
committee;
(b) a document given to a quality assurance committee, but only to the
extent that it was prepared only for the committee;
(c) a document prepared by a quality assurance committee.
(2) In this section:
court includes a tribunal, authority or person with power to
require the production of documents or the answering of questions.
Part 5 Reviewing clinical
privileges
50 Definitions—pt 5
In this part:
CEO, of a health facility—see
section 53.
clinical privileges, of a doctor or dentist, for a health
facility—see section 54.
clinical privileges report—see
section 67.
clinical privileges review notice—see
section 70.
dentist, for a health facility—see
section 52.
doctor, for a health facility—see
section 52.
hospital includes a day hospital.
review clinical privileges—see
section 55.
Note Clinical privileges committee is defined for the Act in
s 51.
51 What is a clinical privileges
committee?
In this Act:
clinical privileges committee means a committee approved
under section 56 as a clinical privileges committee.
52 Who is a doctor or dentist for a
health facility?
In this Act:
dentist, for a health facility, means a dentist
who—
(a) provides health services at the health facility; or
(b) uses the equipment or other facilities of the health facility to
provide health services elsewhere.
doctor, for a health facility, means a doctor
who—
(a) provides health services at the health facility; or
(b) uses the equipment or other facilities of the health facility to
provide health services elsewhere.
53 Who is the CEO of a health
facility?
In this part:
CEO, of a health facility, means—
(a) for a health facility operated by the Territory—the chief
executive; or
(b) in any other case—the person with overall responsibility for the
control of the health facility.
54 What are clinical
privileges?
In this part:
clinical privileges, of a doctor, or dentist for a health
facility, means the rights of the doctor or dentist—
(a) to treat patients or carry out other procedures at the health
facility; or
(b) to use the equipment or other facilities of the health
facility.
55 Meaning of review clinical
privileges
In this part:
review clinical privileges includes assess and evaluate
clinical privileges.
56 Approval of clinical privileges
committees
(1) The Minister may approve a stated committee as a clinical privileges
committee.
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
57 Clinical privileges committees—criteria for
approval
The Minister may approve a committee as a clinical privileges committee
under section 56 only if satisfied that—
(a) the committee’s functions would be facilitated by the members,
and other people mentioned in section 63, being protected from liability
under section 63 (Clinical privileges committees—protection of
members etc from liability); and
(b) it is in the public interest for part 8 (Secrecy) to apply to
information held by the committee members.
58 Clinical privileges committees—revocation of
approval
The Minister may revoke the approval of a committee as a clinical
privileges committee if the Minister is not satisfied about 1 or both of the
criteria mentioned in section 57 in relation to the committee.
Note Power to make a statutory instrument includes power to amend or
repeal the instrument. The power to amend or repeal the instrument is
exercisable in the same way, and subject to the same conditions, as the power to
make the instrument (see Legislation Act, s 46).
59 Clinical privileges
committees—functions
A clinical privileges committee has the following functions:
(a) to review the clinical privileges of doctors, and dentists, for health
facilities;
(b) any other function given to the committee under this Act.
60 Clinical privileges committees—appointment
of members
The chief executive must appoint the members of a clinical privileges
committee.
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and
dict, pt 1, def appoint).
61 Clinical privileges committees—disclosure of
interests
(1) Section 190 (Disclosure of interests by committee members)
applies to clinical privileges committees.
(2) If a person acting under the direction of a clinical privileges
committee has a material interest in an issue being considered, or about to be
considered, by the committee, the person must disclose the nature of the
interest at a committee meeting as soon as practicable after the relevant facts
come to the person’s knowledge.
(3) In this section:
material interest—see section 133 (4).
62 Clinical privileges
committees—procedure
In exercising its functions, a clinical privileges
committee—
(a) must comply with the rules of natural justice; and
(b) is not bound by the rules of evidence but may inform itself of
anything in the way it considers appropriate; and
(c) may do whatever it considers necessary or convenient for the fair and
prompt conduct of its functions.
63 Clinical privileges committees—protection of
members etc from liability
(1) In this section:
relevant person, for a clinical privileges
committee—
(a) means a person who is, or has been, a member of the committee;
and
(b) includes anyone engaging in conduct under the direction of a person
who is a member of the committee.
(2) A relevant person for a clinical privileges committee is not
personally liable for anything done or omitted to be done honestly and without
recklessness—
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the act or omission was in the exercise
of a function under this Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(3) Any civil liability that would, apart from this section, attach to a
relevant person for a clinical privileges committee attaches instead to the
Territory.
64 Clinical privileges committees—obtaining
information
(1) A clinical privileges committee carrying out a function under this Act
may ask anyone to give the committee information, including protected
information, that is relevant to the committee carrying out the
function.
Note The identity of a person who gives information to a committee
under this section is protected (see pt 8).
(2) When asking anyone for information, the committee must tell the person
that giving false or misleading information is an offence against the Criminal
Code, section 338 (Giving false or misleading information).
(3) If someone gives information honestly and without recklessness to a
clinical privileges committee under subsection (1)—
(a) the giving of the information is not—
(i) a breach of confidence; or
(ii) a breach of professional etiquette or ethics; or
(iii) a breach of a rule of professional conduct; and
(b) the person does not incur civil or criminal liability only because of
the giving of the information.
65 Review of clinical privileges
A clinical privileges committee may review the clinical privileges of a
doctor, or dentist, for a health facility.
66 Clinical privileges committee must give doctor or
dentist opportunity to explain
(1) This section applies to a clinical privileges committee
if—
(a) the committee is reviewing the clinical privileges of a doctor, or
dentist, for a health facility; and
(b) the committee proposes to recommend in a clinical privileges report
that—
(i) the clinical privileges of the doctor or dentist should be amended or
be withdrawn; or
(ii) the terms of engagement of the doctor or dentist by the health
facility should be amended; or
(iii) the engagement of the doctor or dentist by the health facility
should be suspended or ended.
Note Clinical privileges reports are prepared under
s 67.
(2) The committee must give the doctor or dentist a written notice (a
recommendation notice) stating—
(a) the committee’s proposed recommendation; and
(b) the reasons for the committee’s proposed recommendation;
and
(c) that the doctor or dentist may, not later than 21 days after the
day the recommendation notice is given to the doctor or dentist, make a
submission to the committee about the proposed recommendation.
(3) A recommendation notice must not include sensitive
information.
Note Sensitive information is defined in
s 124.
(4) The committee must consider any submission made by the doctor or
dentist to the committee in accordance with the notice.
67 Preparing clinical privileges
reports
(1) This section applies to a clinical privileges committee
if—
(a) the committee is reviewing the clinical privileges of a doctor, or
dentist, for a health facility, under section 65; and
(b) if the committee has given the doctor or dentist a recommendation
notice under section 66—the committee has considered any submission
made by the doctor or dentist in accordance with the notice; and
(c) the committee has completed the review.
(2) The clinical privileges committee must prepare a report (a
clinical privileges report) about the review.
Note The report must be prepared as soon as possible (see
Legislation Act, s 151B).
(3) The clinical privileges report must include the committee’s
recommendations about whether—
(a) the clinical privileges of the doctor or dentist should stay the same,
be amended or be withdrawn; and
(b) the terms of engagement of the doctor or dentist by the health
facility should be amended; and
(c) the engagement of the doctor or dentist by the health facility should
be suspended or ended.
68 Giving clinical privileges reports to CEO of
health facility and doctor or dentist
(1) This section applies to a clinical privileges committee if the
committee prepares a clinical privileges report about a doctor, or dentist, for
a health facility.
(2) The committee must give a copy of the report to—
(a) the CEO of the health facility; and
(b) the doctor or dentist.
Note The report must be given as soon as possible (see Legislation
Act, s 151B).
69 CEO to make decision on clinical privileges
report
(1) This section applies if the CEO of a health facility is given a
clinical privileges report about a doctor, or dentist, for the health
facility.
(2) The CEO must—
(a) consider the recommendations in the clinical privileges report;
and
(b) decide whether to take—
(i) the action recommended in the clinical privileges report; or
(ii) any other action that the committee could have recommended under
section 67 (3) that the CEO considers appropriate.
Note 1 The CEO must consider the recommendations and make a decision
as soon as possible (see Legislation Act, s 151B).
Note 2 A decision of the CEO under this section is a reviewable
decision (see pt 9).
70 CEO to tell doctor or dentist of decision on
clinical privileges report
(1) This section applies if the CEO of a health facility—
(a) is given a clinical privileges report about a doctor, or dentist, for
the health facility; and
(b) decides under section 69 whether to take action on the
report.
(2) The CEO of the health facility must tell the following people about
the decision (a clinical privileges review notice):
(a) each doctor or dentist for the health facility whose clinical
privileges or engagement will be affected by the action the CEO has decided to
take;
(b) the clinical privileges committee that prepared the clinical
privileges report that the CEO considered in making the decision.
(3) The clinical privileges review notice must include the following
information:
(a) if a doctor or dentist’s clinical privileges are to stay the
same—a statement to that effect;
(b) if a doctor or dentist’s clinical privileges are being
amended—how the clinical privileges are being amended;
(c) if a doctor or dentist’s clinical privileges are being
withdrawn—a statement to that effect;
(d) if a term of engagement of a doctor or dentist by a health facility is
being amended—how the term is being amended;
(e) if the engagement of a doctor or dentist by a health facility is being
suspended—the period for which the engagement is being
suspended;
(f) if the engagement of a doctor or dentist by a health facility is being
ended—a statement to that effect;
(g) when the decision takes effect.
(4) The clinical privileges review notice must be in accordance with the
requirements of the code of practice in force under the Administrative
Appeals Tribunal Act 1989, section 25B (1).
71 When decision on clinical privileges report takes
effect
A decision of the CEO of a health facility under section 69 in
relation to a doctor, or dentist, for the health facility takes effect on the
later of the following days:
(a) the day stated in the clinical privileges review notice for the
decision;
(b) the day the clinical privileges review notice is given to the doctor
or dentist.
72 Clinical privileges committees—giving
information to health profession board
A clinical privileges committee must not give protected information to a
health profession board unless the committee is satisfied that giving the
information would be likely to facilitate the improvement of health services
provided in the ACT.
Note Protected information includes sensitive information
(see s 123).
73 Clinical privileges committees—admissibility
of evidence
(1) The following are not admissible as evidence in a proceeding before a
court:
(a) an oral statement made in a proceeding before a clinical privileges
committee;
(b) a document given to a clinical privileges committee, but only to the
extent that it was prepared only for the committee;
(c) a document prepared by a clinical privileges committee.
(2) In this section:
court includes a tribunal, authority or person with power to
require the production of documents or the answering of questions.
74 Pt 5 obligations—no contracting
out
To remove any doubt, this part applies in relation to a doctor or dentist
for a health facility despite anything to the contrary in a term of the
doctor’s or dentist’s engagement.
insert
Part 8 Secrecy
120 Definitions—pt 8
In this part:
divulge—see section 121.
information holder—see section 122.
protected information—see section 123.
Note Sensitive information is defined for the Act in
s 124.
121 When is information
divulged?
In this part:
divulge includes communicate.
122 Who is an information
holder?
For this part, a person is an information holder
if—
(a) the person is or has been—
(i) a member of a quality assurance committee; or
(ii) a member of a clinical privileges committee; or
(iii) someone else exercising a function under part 4 (Quality
assurance) or part 5 (Reviewing clinical privileges); or
(iv) someone else engaged in the administration of part 4 (Quality
assurance) or part 5 (Reviewing clinical privileges); or
(b) the person has been given information under this Act by a person
mentioned in paragraph (a).
Note Information may be given to people
under various provisions of pt 4 and pt 5, including:
• s 39 (Giving health service
reports to CEO or chief executive)
• s 43 (Quality assurance
committees—giving information to the Coroner’s
Court)
• s 44 (Quality assurance
committees—giving information to other quality assurance
committees)
• s 45 (Quality assurance
committees—giving information to health profession board)
• s 72 (Clinical privileges
committees—giving information to health profession
board).
123 What is protected
information?
(1) For this part, information is protected information
about a person if it is information about the person that is disclosed to, or
obtained by, an information holder because of the exercise of a function under
this Act by the information holder or someone else.
(2) Without limiting subsection (1), protected
information includes sensitive information.
124 What is sensitive
information?
In this Act:
sensitive information means information that—
(a) identifies a person who—
(i) has received a health service; or
(ii) is a health service provider; or
(iii) has provided information to a quality assurance committee under
section 35 (Quality assurance committees—obtaining information) or
otherwise in the course of the committee carrying out the committee’s
functions under this Act; or
(iv) has provided information to a clinical privileges committee under
section 64 (Clinical privileges committees—obtaining information) or
otherwise in the course of the committee carrying out the committee’s
functions under this Act; or
(b) would allow the identity of the person to be worked out.
125 Offence—secrecy of protected
information
(1) An information holder commits an offence if—
(a) the information holder—
(i) makes a record of protected information about someone else;
and
(ii) is reckless about whether the information is protected information
about someone else; or
(b) the information holder—
(i) does something that divulges protected information about someone else;
and
(ii) is reckless about whether—
(A) the information is protected information about someone else;
and
(B) doing the thing would result in the information being divulged to
another person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) This section does not apply to the making of a record or the divulging
of information if the record is made or the information
divulged—
(a) under this Act; or
(b) in the exercise of a function, as an information holder, under this
Act.
(3) This section does not apply to the making of a record or the divulging
of information if—
(a) the protected information is not sensitive information; and
(b) the record is made or the information divulged—
(i) under another territory law; or
(ii) in the exercise of a function, as an information holder, under
another territory law.
Note Other legislation may provide for information to be given to
people, including the Freedom of Information Act 1989,
s 10.
(4) This section does not apply to the divulging of protected information
about someone with the person’s agreement.
(5) An information holder must not divulge protected information to a
court, or produce a document containing protected information to a court, unless
it is necessary to do so for this Act.
Note A quality assurance committee may give protected information to
the Coroner’s Court (see s 43).
(6) In this section:
court includes a tribunal, authority or person with power to
require the production of documents or the answering of questions.
produce includes allow access to.
126 Information may be given to Medicare
Australia
(1) The CEO of a health facility may give protected information about a
health service provided by a health service provider for the health facility
to—
(a) Medicare Australia; or
(b) the auditor-general.
Note Protected information includes sensitive information
(see s 123).
(2) However, the CEO must not give the information unless—
(a) the CEO is satisfied that the giving of the information will help the
prevention or detection of fraud; and
(b) the Minister agrees, in writing, to the giving of the
information.
(3) In this section:
CEO, of a health facility—see
section 22.
Medicare Australia—see the Medicare Australia Act
1973 (Cwlth).
Part 9 Review of
decisions
130 Review of decisions
A doctor, or dentist, for a health facility may apply to the AAT for review
of a decision of the CEO of the health facility under
section 69—
(a) to amend or withdraw the clinical privileges of the doctor or dentist;
or
(b) to amend the terms of engagement of the doctor or dentist;
or
(c) to suspend or end the engagement of the doctor or dentist.
131 Pt 9 obligations—no contracting
out
To remove any doubt, this part applies in relation to a doctor, or dentist,
for a health facility despite anything to the contrary in a term of the
doctor’s or dentist’s engagement.
in part 7, insert
190 Disclosure of interests by committee
members
(1) If a member of a committee to which this section applies has a
material interest in an issue being considered, or about to be considered, by
the committee, the member must disclose the nature of the interest at a
committee meeting as soon as practicable after the relevant facts come to the
member’s knowledge.
Note 1 This section applies to a quality assurance committee
(see s 32) and a clinical privileges review committee
(see s 61).
Note 2 Material interest is defined in s (4). The definition
of indirect interest in s (4) applies to the definition of
material interest.
(2) The disclosure must be recorded in the committee’s minutes and,
unless the committee otherwise decides, the member must not—
(a) be present when the committee considers the issue; or
(b) take part in a decision of the committee on the issue.
Example
Adam, Ben and Charlotte are members of a quality assurance committee. They
have an interest in an issue being considered at a committee meeting and they
disclose the interest as soon as they become aware of it. Adam’s and
Ben’s interests are minor but Charlotte has a direct financial interest in
the issue.
The committee considers the disclosures and decides that because of the
nature of the interests:
• Adam may be present when the committee considers the issue but not
take part in the decision
• Ben may be present for the consideration and take part in the
decision.
The committee does not make a decision allowing Charlotte to be present or
take part in the committee’s decision. Accordingly, since Charlotte has a
material interest she cannot be present for the consideration of the issue or
take part in the decision.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) Any other committee member who also has a material interest in the
issue must not be present when the committee is considering its decision under
subsection (2).
(4) In this section:
associate, of a person, means—
(a) the person’s business partner; or
(b) a close friend of the person; or
(c) a family member of the person.
executive officer, of a corporation, means a person (however
described) who is concerned with, or takes part in, the corporation’s
management, whether or not the person is a director of the
corporation.
indirect interest—without limiting the kinds of
indirect interests a person may have, a person has an indirect interest
in an issue if any of the following has an interest in the
issue:
(a) an associate of the person;
(b) a corporation if the corporation has not more than 100 members
and the person, or an associate of the person, is a member of the
corporation;
(c) a subsidiary of a corporation mentioned in paragraph (b);
(d) a corporation if the person, or an associate of the person, is an
executive officer of the corporation;
(e) the trustee of a trust if the person, or an associate of the person,
is a beneficiary of the trust;
(f) a member of a firm or partnership if the person, or an associate of
the person, is a member of the firm or partnership;
(g) someone else carrying on a business if the person, or an associate of
the person, has a direct or indirect right to participate in the profits of the
business.
material interest—a committee member has a
material interest in an issue if the member has—
(a) a direct or indirect financial interest in the issue; or
(b) a direct or indirect interest of any other kind if the interest could
conflict with the proper exercise of the member’s functions in relation to
the committee’s consideration of the issue.
insert
Part 21 Transitional—Health
Legislation Amendment Act 2006
242 Transitional—protection of former members
from liability
(1) In section 34:
relevant person includes a person who was, at any time before
the commencement of the Health Legislation Amendment Act 2006, a member
of—
(a) an approved private sector committee; or
(b) an approved public sector committee.
(2) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
243 Expiry—pt 21
This section expires 1 year after the day it commences.
substitute
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the
following terms:
• AAT
• Act
• ACT
• appoint
• chief executive (see s 163)
• Commonwealth
• Coroner’s Court
• entity
• exercise
• function
• in relation to
• interest
• make
• proceeding
• territory authority
• territory law
• the Territory
• tribunal.
authorised representative, for part 7 (VMO service
contracts)—see section 100.
CEO—
(a) of a health facility, for part 4 (Quality assurance)—see
section 22; and
(b) of a health professional organisation, for part 4 (Quality
assurance)—see section 23; and
(c) of a health facility, for part 5 (Reviewing clinical
privileges)—see section 53.
clinical privileges, of a doctor or dentist, for a health
facility, for part 5 (Reviewing clinical privileges)—see
section 54.
clinical privileges committee—see
section 51.
clinical privileges report, for part 5 (Reviewing
clinical privileges)—see section 67.
clinical privileges review notice, for part 5 (Reviewing
clinical privileges)—see section 70.
core conditions, for part 7 (VMO service
contracts)—see section 100.
day hospital means a facility where a person is admitted for
surgical or medical treatment and discharged on the same day.
dentist, for a health facility, for part 5 (Reviewing
clinical privileges)—see section 52.
divulge, for part 8 (Secrecy)—see
section 121.
doctor, for a health facility, for part 5 (Reviewing
clinical privileges)—see section 52.
engage in conduct means—
(a) do an act; or
(b) omit to do an act.
entity, for part 7 (VMO service contracts)—see
section 100.
health facility—see section 6.
health facility QAC, for a health facility, for part 4
(Quality assurance)—see section 20.
health profession board—see the Health Professionals
Act 2004, dictionary.
health professional—see the Health Professionals Act
2004, section 14.
health professional organisation, for part 4 (Quality
assurance)—see section 21.
health professional organisation QAC, for a health
professional organisation, for part 4 (Quality assurance)—see
section 20.
health service—see section 5.
health service provider—see section 7.
health service report, for part 4 (Quality
assurance)—see section 38.
hospital, for part 5 (Reviewing clinical
privileges)—see section 50.
information holder, for part 8 (Secrecy)—see
section 122.
ministerial report, for part 4 (Quality
assurance)—section 41.
negotiating agent, for part 7 (VMO service
contracts)—see section 100.
negotiating period, for part 7 (VMO service
contracts)—see section 103 (2).
practice corporation, for part 7 (VMO service
contracts)—see section 100.
protected information—see section 123.
quality assurance committee—see
section 24.
review clinical privileges, for part 5 (Reviewing
clinical privileges)—see section 55.
sensitive information—see section 124.
service contract, for part 7 (VMO service
contracts)—see section 100.
special purpose QAC, for part 4 (Quality assurance), for
a purpose stated in the approval—see section 20.
VMO, or visiting medical officer, for part 7 (VMO
service contracts)—see section 100.
Part
3 Health Professionals Act
2004
11 Legislation
amended—pt 3
This part amends the Health Professionals Act 2004.
12 CommencementSection 2 (2)
substitute
(2) If this Act has not commenced before 9 January 2007, it
automatically commences on that day.
Schedule
1 Health Act 1993—technical
amendments
(see s 3)
renumber as section 4
renumber as part 3
renumber as sections 10 to 12
renumber as part 6
[1.5] Section
30A heading
omit
pt 5A
substitute
pt 6
[1.6] Sections
30A and 30B
renumber as sections 80 and 81
omit
30D
substitute
83
[1.8] Sections
30C to 30E
renumber as sections 82 to 84
omit
renumber as part 7
[1.11] Section
33A heading
omit
6A
substitute
7
[1.12] Section
33A, definition of authorised representative
omit
33F
substitute
105
[1.13] Section
33A, definition of core conditions
omit
33C
substitute
102
[1.14] Section
33A, definition of negotiating agent
omit
33E
substitute
104
[1.15] Section
33A, definition of negotiating period
omit
33D
substitute
103
[1.16] Sections
33A and 33B
renumber as sections 100 and 101
[1.17] Section
33C (2) (a)
omit
33D
substitute
103
[1.18] Section
33C (2) (b)
omit
33G
substitute
106
[1.19] Sections
33C to 33E
renumber as sections 102 to 104
omit
33D
substitute
103
[1.21] Section
33F (1), note
omit
37A
substitute
194
omit
33E
substitute
104
[1.23] Sections
33F to 33H
renumber as sections 105 to 107
renumber as part 15
omit
renumber as sections 191 to 196
substitute
Part 20 Transitional—Health
Professionals Act 2004
[1.28] Section
39 heading
substitute
240 Transitional—definitions in Health (Fees)
Determination
[1.29] Section
40 heading
substitute
241 Expiry—pt 20
Schedule
2 Consequential
amendments
Part
2.1 Community and Health Services
Complaints Act 1993
substitute
(4) This section has effect subject to the Health Act 1993,
part 8 (Secrecy).
Part
2.2 Health Regulation
2004
substitute
4 Definitions—pt 2
In this part:
nurse practitioner position—see the Health Act
1993, section 195 (2).
scope of practice—see the Health Act 1993,
section 195 (2).
substitute
Note 1 A fee may be determined under the Act, s 192 for this
provision.
Note 2 If a form is approved under the Act, s 194 for an
application, the form must be used.
Part
2.3 Mental Health (Treatment and Care)
Act 1994
[2.4] Section
119 (3), definitions of nurse practitioner position and scope of
practice
substitute
nurse practitioner position—see the Health Act
1993, section 195 (2).
scope of practice—see the Health Act 1993,
section 195 (2).
Part
2.4 Pharmacy Act
1931
[2.5] Section
51 (5), definitions of nurse practitioner position and scope of
practice
substitute
nurse practitioner position—see the Health Act
1993, section 195 (2).
scope of practice—see the Health Act 1993,
section 195 (2).
Part
2.5 Poisons Act
1933
[2.6] Dictionary,
definition of nurse practitioner position
substitute
nurse practitioner position—see the Health Act
1993, section 195 (2).
[2.7] Dictionary,
definition of scope of practice
substitute
scope of practice—see the Health Act 1993,
section 195 (2).
Part
2.6 Prostitution Act
1992
[2.8] Dictionary,
definition of nurse practitioner position
substitute
nurse practitioner position—see the Health Act
1993, section 195 (2).
[2.9] Dictionary,
definition of scope of practice
substitute
scope of practice—see the Health Act 1993,
section 195 (2).
Part
2.7 Public Health Act
1997
[2.10] Dictionary,
definition of nurse practitioner position
substitute
nurse practitioner position—see the Health Act
1993, section 195 (2).
[2.11] Dictionary,
definition of scope of practice
substitute
scope of practice—see the Health Act 1993,
section 195 (2).
Part
2.8 Road Transport (Alcohol and Drugs)
Act 1977
[2.12] Dictionary,
definition of nurse practitioner position
substitute
nurse practitioner position—see the Health Act
1993, section 195 (2).
[2.13] Dictionary,
definition of scope of practice
substitute
scope of practice—see the Health Act 1993,
section 195 (2).
Part
2.9 Sexually Transmitted Diseases Act
1956
[2.14] Section
4, definitions of nurse practitioner position and scope of
practice
substitute
nurse practitioner position—see the Health Act
1993, section 195 (2).
scope of practice—see the Health Act 1993,
section 195 (2).
Part
2.10 Tuberculosis Act
1950
[2.15] Section
4 (5), definitions of nurse practitioner position and scope of
practice
substitute
nurse practitioner position—see the Health Act
1993, section 195 (2).
scope of practice—see the Health Act 1993,
section 195 (2).
Schedule
3 Health Act 1993—instruments
repealed
(see s 3)
All legislative instruments under the following provisions of the Health
Act 1993 are repealed:
• section 4
• section 8
• section 9
• section 12
• section 19
• section 33D.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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