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This is a Bill, not an Act. For current law, see the Acts databases.


MATER PUBLIC HEALTH SERVICES BILL 2008

          Queensland



Mater Public Health Services
Bill 2008

 


 

 

Queensland Mater Public Health Services Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Main object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part 2 Agreement 6 Authority to enter into agreement . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 3 Disclosure of information 7 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Who may disclose information . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 4 Transitional provision 9 Existing agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 5 Amendment of Child Protection Act 1999 10 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s 159D (Other definitions for ch 5A). . . . . . . . . . . 9 12 Amendment of s 159H (Chief executive may ask particular prescribed entities to provide a service). . . . . . . . . . . . . . . . . . . . 9 13 Amendment of s 159M (Particular prescribed entities giving and receiving relevant information) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 6 Amendment of Health Services Act 1991 14 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Omission of s 65 (Mater Misericordiae Public Hospitals) . . . . . . . 10 Part 7 Amendment of Private Health Facilities Act 1999 16 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Insertion of new pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 14 Transitional provisions for Mater public hospitals

 


 

Mater Public Health Services Bill 2008 Contents 166 Definitions for pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 167 Mater public hospitals are private hospitals . . . . . . . . 11 168 Chief health officer may issue licence . . . . . . . . . . . . 11 18 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 12 Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Page 2

 


 

2008 A Bill for An Act to provide for the department and the Mater to enter into arrangements about the funding and delivery of public patient health services by Mater hospitals

 


 

Mater Public Health Services Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Mater Public Health Services Act 4 2008. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 3 Main object 8 (1) The main object of this Act is to provide a statutory 9 framework for the department and the Mater to enter into 10 arrangements (the arrangements) about the delivery of public 11 patient health services by the Mater hospitals and their 12 funding. 13 (2) It is Parliament's intention that the arrangements-- 14 (a) recognise the major contribution made by the Mater and 15 the Corporation of the Trustees of the Order of the 16 Sisters of Mercy of Queensland to the delivery of public 17 patient health services; and 18 (b) take account of the quantity and quality of public patient 19 health services delivered by the Mater hospitals by-- 20 (i) maintaining funding for the services while 21 ensuring the most efficient and effective use of the 22 funding; and 23 (ii) maintaining the clinical viability of delivering the 24 services as part of all the health services delivered 25 by the Mater hospitals; and 26 Page 4

 


 

Mater Public Health Services Bill 2008 Part 1 Preliminary [s 4] (c) recognise the value of the Mater hospitals as teaching 1 hospitals; and 2 (d) have regard to the corporate governance and public 3 accountability requirements of the department and the 4 Mater. 5 4 Guiding principles 6 The principles intended to guide the achievement of this Act's 7 main object include the following-- 8 (a) the department and the Mater should use their best 9 endeavours to ensure that public patient health services 10 are funded and delivered in a way that serves the best 11 interests of patients receiving the services; 12 (b) the department and the Mater should be committed to 13 maintaining and enhancing a special relationship for 14 giving effect to the arrangements; 15 (c) the philosophy underpinning the delivery of health 16 services by the Mater hospitals should be 17 acknowledged; 18 (d) the delivery of public patient health services by the 19 Mater hospitals should be funded by the State in a way 20 that is consistent with the funding of public sector health 21 services; 22 (e) the Mater, and not the department, is responsible for the 23 delivery of public patient health services by the Mater 24 hospitals; 25 (f) the department and the Mater should cooperate in the 26 development of the department's plan and key initiatives 27 relating to the delivery of public patient health services 28 by the Mater hospitals. 29 5 Definitions 30 The dictionary in the schedule defines particular words used 31 in this Act. 32 Page 5

 


 

Mater Public Health Services Bill 2008 Part 2 Agreement [s 6] Part 2 Agreement 1 6 Authority to enter into agreement 2 (1) The chief executive, acting on behalf of the State, and the 3 Mater may enter into an agreement for the arrangements. 4 (2) The agreement may include matters relating to the 5 following-- 6 (a) the period of the agreement; 7 (b) reviewing and varying the agreement; 8 (c) the department's obligation to allocate funds to the 9 Mater for the delivery of public patient health services 10 by the Mater hospitals; 11 (d) details of the department's funding allocation to the 12 Mater for each financial year; 13 (e) providing extraordinary or emergency funding by the 14 department to the Mater; 15 Example of extraordinary funding-- 16 funding for capital works 17 (f) initiatives, performance targets, priorities, strategies, 18 undertakings and other measures (the measures) 19 relating to the delivery of the services; 20 (g) the Mater's obligations to deliver the services under the 21 measures; 22 (h) assessing the Mater's performance against the measures; 23 (i) the rights and obligations of the department and the 24 Mater relating to matters of privacy and access to 25 medical records; 26 (j) reporting by the Mater to the department about the 27 delivery of the services; 28 (k) resolving disputes between the department and the 29 Mater. 30 Page 6

 


 

Mater Public Health Services Bill 2008 Part 3 Disclosure of information [s 7] (3) Subsection (2) does not limit the matters that may be included 1 in the agreement. 2 (4) A regulation may prescribe matters that must be included in 3 the agreement relating to the funding that the department must 4 provide for the purpose of staff entitlements. 5 Part 3 Disclosure of information 6 7 Definitions for pt 3 7 In this part-- 8 confidential information see the Health Services Act 1991, 9 section 60. 10 designated person see the Health Services Act 1991, section 11 60. 12 health professional see the Health Services Act 1991, section 13 60. 14 officer, of the Mater, means an employee of the Mater, or a 15 health professional engaged to deliver a health service by a 16 Mater hospital. 17 personal information, about an individual, means 18 information or an opinion, whether true or not, about the 19 individual from which the individual's identity is apparent or 20 can reasonably be ascertained. 21 8 Who may disclose information 22 (1) A designated person may disclose confidential information 23 about an individual to a health professional engaged to deliver 24 a public patient health service for a Mater hospital if the 25 disclosure is for the care or treatment of the individual. 26 (2) An officer of the Mater may disclose personal information 27 about an individual who is or was a patient of a Mater hospital 28 Page 7

 


 

Mater Public Health Services Bill 2008 Part 4 Transitional provision [s 9] to a health professional engaged to deliver a public sector 1 health service on behalf of the department if the disclosure is 2 for the care or treatment of the individual. 3 Part 4 Transitional provision 4 9 Existing agreement 5 (1) The existing agreement-- 6 (a) is taken to have been made under section 6; and 7 (b) continues in force until it expires under its terms or is 8 otherwise terminated. 9 (2) The annual agreement continues in force until it expires under 10 its terms or is otherwise terminated. 11 (3) In this section-- 12 annual agreement means the agreement, made under clause 7 13 of the existing agreement as in force immediately before the 14 commencement and includes that agreement as subsequently 15 varied. 16 commencement means the commencement of this section. 17 existing agreement means the Mater Hospital Funding 18 Agreement made between the State and the Mater on 16 19 December 2002 as in force immediately before the 20 commencement and includes that agreement as subsequently 21 varied. 22 Page 8

 


 

Mater Public Health Services Bill 2008 Part 5 Amendment of Child Protection Act 1999 [s 10] Part 5 Amendment of Child Protection 1 Act 1999 2 10 Act amended in pt 5 3 This part amends the Child Protection Act 1999. 4 11 Amendment of s 159D (Other definitions for ch 5A) 5 Section 159D, definition prescribed entity, after paragraph 6 (d)-- 7 insert-- 8 `(da) the chief executive officer of the Mater Misericordiae 9 Health Services Brisbane Ltd (ACN 096 708 922);'. 10 12 Amendment of s 159H (Chief executive may ask 11 particular prescribed entities to provide a service) 12 After section 159H(1)(b)-- 13 insert-- 14 `(ba) the chief executive officer of the Mater Misericordiae 15 Health Services Brisbane Ltd (ACN 096 708 922);'. 16 13 Amendment of s 159M (Particular prescribed entities 17 giving and receiving relevant information) 18 After section 159M(1)(c)-- 19 insert-- 20 `(ca) the chief executive officer of the Mater Misericordiae 21 Health Services Brisbane Ltd (ACN 096 708 922);'. 22 Page 9

 


 

Mater Public Health Services Bill 2008 Part 6 Amendment of Health Services Act 1991 [s 14] Part 6 Amendment of Health Services 1 Act 1991 2 14 Act amended in pt 6 3 This part amends the Health Services Act 1991. 4 15 Omission of s 65 (Mater Misericordiae Public Hospitals) 5 Section 65-- 6 omit. 7 Part 7 Amendment of Private Health 8 Facilities Act 1999 9 16 Act amended in pt 7 10 This part amends the Private Health Facilities Act 1999. 11 17 Insertion of new pt 14 12 After section 165-- 13 insert-- 14 `Part 14 Transitional provisions for 15 Mater public hospitals 16 `166 Definitions for pt 14 17 In this part-- 18 existing licences means the licences held by the Mater for the 19 Mater private hospitals immediately before the 20 commencement of this part. 21 Page 10

 


 

Mater Public Health Services Bill 2008 Part 7 Amendment of Private Health Facilities Act 1999 [s 17] Mater private hospitals means the following hospitals located 1 at South Brisbane-- 2 Mater Misericordiae Private Hospital 3 Mater Misericordiae Women's and Children's Private 4 Health Service. 5 Mater public hospitals means the following hospitals located 6 at South Brisbane-- 7 Mater Adult Hospital 8 Mater Children's Hospital 9 Mater Mothers' Hospital. 10 the Mater means Mater Misericordiae Health Services 11 Brisbane Ltd (ACN 096 708 922). 12 `167 Mater public hospitals are private hospitals 13 To remove any doubt, it is declared that the Mater public 14 hospitals are private hospitals for this Act. 15 `168 Chief health officer may issue licence 16 (1) Subject to subsection (2), the chief health officer must, under 17 this part, issue a licence (the new licence) to the Mater for the 18 Mater private hospitals and the Mater public hospitals. 19 (2) To allow the chief health officer to issue the new licence, the 20 Mater must, within 30 days after the commencement of this 21 section, give the chief health officer an application for a 22 licence, in the approved form mentioned in section 42(b), 23 relating to the Mater private and public hospitals. 24 (3) Sections 43 to 46 do not apply to the application. 25 (4) The chief health officer must issue the new licence within 30 26 days after receiving the application. 27 (5) The new licence replaces the existing licences and is taken to 28 have been issued under part 6. 29 (6) Without limiting subsection (5)-- 30 Page 11

 


 

Mater Public Health Services Bill 2008 Part 7 Amendment of Private Health Facilities Act 1999 [s 18] (a) part 6, divisions 4 to 7 apply to the new licence; and 1 (b) for applying section 48, a reference in section 48(6), 2 definition prescribed change, paragraph (a) to an 3 application under this Act includes a reference to the 4 application mentioned in subsection (2); and 5 (c) section 48(1)(e) is not limited by anything in the 6 existing agreement mentioned in the Mater Public 7 Health Services Act 2008, section 9.'. 8 18 Amendment of sch 3 (Dictionary) 9 Schedule 3-- 10 insert-- 11 `existing licences, for part 14, see section 166. 12 Mater private hospitals, for part 14, see section 166. 13 Mater public hospitals, for part 14, see section 166. 14 the Mater, for part 14, see section 166.'. 15 Page 12

 


 

Mater Public Health Services Bill 2008 Schedule Schedule Dictionary 1 section 5 2 arrangements see section 3(1). 3 confidential information, for part 3, see section 7. 4 designated person, for part 3, see section 7. 5 health professional, for part 3, see section 7. 6 health service see the Health Services Act 1991, section 3. 7 Mater hospitals means the following hospitals located at 8 South Brisbane-- 9 Mater Adult Hospital 10 Mater Children's Hospital 11 Mater Mothers' Hospital 12 Mater Misericordiae Private Hospital 13 Mater Misericordiae Women's and Children's Private 14 Health Service. 15 officer, of the Mater, for part 3, see section 7. 16 personal information, for part 3, see section 7. 17 public patient, in relation to a patient receiving a health 18 service delivered by a Mater hospital, means an individual 19 who, as a patient of the hospital, is not the patient of a medical 20 practitioner in private practice. 21 public patient health services means health services delivered 22 to public patients. 23 public sector health service, see the Health Services Act 24 1991, section 2. 25 the Mater means Mater Misericordiae Health Services 26 Brisbane Ltd (ACN 096 708 922). 27 Page 13

 


 

State of Queensland 2008

 


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