HOSPITAL AND HEALTH BOARDS ACT 2011

Queensland Consolidated Acts

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- As at 1 February 2024
- Act 32 of 2011

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

Division 1 - Introduction

1. Short title
2. Commencement
3. Act binds all persons
4. Principles and objectives of national health system

Division 2 - Object of Act

5. Object

Division 3 - Overview of Act

6. Purpose of div 3
7. Role of Hospital and Health Services
8. Management of the public sector health system
8A. Funding of public sector health system
9. Management of health system performance
10. Statewide employment and industrial relations arrangements
11. Protections for safety and quality
12. Confidentiality safeguards

Division 4 - Guiding principles of Act

13. Guiding principles

Division 5 - Interpretation

14. Definitions
15. Meaning of health service
16. Meaning of service agreement

PART 2 - HOSPITAL AND HEALTH SERVICES

Division 1 - Establishment, functions and powers of Services

17. Establishment of Services
18. Legal status
19. Functions of Services
20. Powers of Services
20A. Limitation on Service’s dealing with land or buildings
21. Application of other Acts

Division 2 - Hospital and Health Boards for Services

Subdivision 1 - Role of Hospital and Health Boards

22. Role of exercising control over Service

Subdivision 2 - Membership

23. Membership of boards
24. Minister to advertise for members of boards
24A. Temporary members of board
25. Chair and deputy chair
26. Conditions of appointment
27. Vacation of office of board member
27A. Suspension from office of Hospital and Health Board members
28. Removal from office of board members
29. Defects in appointment of members

Subdivision 3 - Delegation by Hospital and Health Boards

30. Delegation by boards

Subdivision 4 - Conduct of business

31. Members to act in public interest
32. Conduct of business by boards

Division 2A - Executive committees

32A. Hospital and Health Board must establish executive committee for Hospital and Health Service
32B. Function of executive committee
32C. Membership of executive committee
32D. Conduct of business by executive committee

Division 3 - Health service chief executives

33. Appointment of health service chief executives
34. Delegation by health service chief executive

Division 4 - Service agreements, engagement strategies and protocols

35. Chief executive and Service must enter into service agreements
36. Term of service agreement
37. Negotiations for service agreement
38. Minister may decide on terms of service agreement
39. Procedure to amend service agreement
39A. Chief executive to make service agreements available
40. Engagement strategies
41. Review of strategies
42. Protocol with primary healthcare organisations
43. Review of protocol

Division 4A - Hospital and Health Ancillary Boards

43A. Minister may establish 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
44A. Minister may appoint advisers to boards
44B. Matters to which Minister may have regard in deciding whether to appoint adviser
44C. Functions of advisers
44D. Adviser not a member of board but has duty of disclosure
44E. Obligations of board in relation to adviser

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
45. Functions of chief executive
46. Delegation by chief executive

Division 2 - Chief executive may issue health service directives

47. Health service directives
48. Consultation on health service directives
49. Publication of health service directives
50. Health service directives binding
51. Review of health service directives

Division 2A - Chief executive may issue health employment directives

51A. Health employment directives
51AA. Consultation on health employment directives
51B. Relationship with legislation
51C. Relationship between health employment directives and other instruments
51D. Publication of health employment directives
51E. Health employment directives binding
51F. Review of health employment directives

Division 3 - Chief health officer and deputy chief health officers

52. Chief health officer
53. Functions of chief health officer
53AA. Deputy chief health officers
53AB. Functions of deputy chief health officers
53AC. Delegation by chief health officer

PART 3A - FUNDING OF PUBLIC SECTOR HEALTH SYSTEM

Division 1 - Purpose of part

53A. Purpose

Division 2 - State pool account

53B. Establishment of State pool account
53C. Payment into State pool account
53D. Payments from State pool account
53E. Payment from State pool account if no administrator or administrator not available to make the payment

Division 3 - State managed fund

53F. Establishment of State managed fund
53G. Payment into State managed fund
53H. Payments from State managed fund

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

Subdivision 1 - Preliminary

53I. Definitions for div 4

Subdivision 2 - Administrator of the National Health Funding Pool

53J. The office of administrator
53K. Appointment of administrator
53L. Suspension of administrator
53M. Removal or resignation of administrator
53N. Acting administrator
53O. Provision of staff and facilities for administrator
53P. Functions of administrator

Subdivision 3 - Financial management and reporting

53Q. Financial management obligations of administrator
53R. Monthly reports by administrator
53S. Annual report by administrator
53T. Administrator to prepare financial statements for State pool accounts
53U. Audit of financial statements
53V. Performance audits
53W. States to provide administrator with information about State managed funds
53X. Provision of information generally

Subdivision 4 - Miscellaneous

53Y. Application of Acts to administrator
53Z. Application of Commonwealth Acts
53ZA. Extra territorial operation of Act
53ZB. Transitional and validation provisions

PART 4 - PERFORMANCE REPORTING AND AUDITING

Division 1 - Performance reporting

54. Chief executive may provide data to Commonwealth

Division 2 - Health service audits

55. Function of health service auditors
56. Appointment of health service auditors
57. Appointment conditions and limit on powers
58. When office ends
59. Resignation
60. Powers of health service auditors
61. Giving health service auditor false or misleading information
62. Obstructing health service auditor
63. Duty of confidentiality of health service auditors
64. Reports by health service auditors
65. Chief executive may request report from health service chief executive

PART 5 - HEALTH SERVICE EMPLOYEES

Division 1 - General

66. Conditions of employment
67. Appointment of health service employees
68. Contracted health service employees other than health executives or senior health service employees
69. Health service employees not public service employees
69A. Modification of Industrial Relations Act 2016 for health service employees
69B. (Repealed)

Division 2 - Health executive service and senior health service employees

Subdivision 1 - Health executive service

70. Health executive service continued
71. Purpose of health executive service
72. Principles of health executive service employment
73. Composition of health executive service
74. Basis of employment for health executives

Subdivision 2 - Senior health service employees

74A. Meaning of senior health service employee
74B. Basis of employment for senior health service employees

Subdivision 3 - Excluded matters

75. Exclusion of certain matters from review under other Acts
76. (Repealed)

Division 3 - Other provisions relating to health service employees

77. Redeployment or secondment to lower classification level
78. Transfer of health service employees
79. Entitlement on ending of particular employment contracts

Division 4 - Matters relating to employment of health service employees by Services

80. Departmental health service employees to be employed by Services
80AA. (Repealed)
80A. Appointment to perform functions or do other things not affected by becoming employees of prescribed Service
80B. Matters and proceedings not affected by persons becoming employees of prescribed Service
80C. Matters and proceedings not affected by persons becoming senior health service employees in Service
80D. Division does not limit making of particular regulations

PART 6 - SAFETY AND QUALITY

Division 1 - Quality assurance committees

81. Purpose of division
82. Establishment of quality assurance committees
83. Restrictions on committees
84. Disclosure of information
85. Giving of reports and documents to patient safety entity
86. Information about excluded notifiable conduct
87. Protection for documents and information
88. Protection from liability
89. Giving of information protected
90. Information provider can not be compelled to give particular information in evidence
91. Further responsibilities of committees
92. Effect of provisions of division

Division 2 - Root cause analysis

Subdivision 1 - Preliminary

93. Purpose of div 2
94. Definitions for div 2
95. Meaning of root cause analysis
96. When is a health service provided
97. Guiding principles for conduct of RCA of reportable event

Subdivision 2 - RCA teams

98. Appointment of RCA team
99. Requirements for appointment

Subdivision 3 - Reporting

100. RCA team’s report
101. Reporting to commissioning authority

Subdivision 4 - Stopping conduct of RCA of reportable event

102. Stopping conduct of RCA of reportable event—RCA team
103. Stopping conduct of RCA of reportable event—commissioning authority

Subdivision 5 - Disclosure or release of information

104. Definition for sdiv 5
105. Disclosure of information—RCA team member or relevant person
106. Disclosure of information—commissioning authority or relevant person
107. Information about excluded notifiable conduct
108. Release of information to health ombudsman
109. Release of information to chief health officer
110. Release of information by chief health officer to health ombudsman
111. Release of information to chief psychiatrist
112. Giving of copy of RCA report—patient safety entity
113. Giving of copy of RCA report etc.—investigation under the Coroners Act 2003
114. Giving of information to Minister or chief executive
115. Giving of copy of, or information contained in, RCA report—person who has sufficient personal or professional interest

Subdivision 6 - Protections

116. Protection from liability
117. Giving of information protected
118. Information provider can not be compelled to give particular information in evidence
119. Protection for documents and information
120. Reprisal and grounds for reprisals
121. Offence for taking reprisal
122. Damages entitlement for reprisal

Subdivision 7 - Miscellaneous

123. Application of provisions of this division

Division 3 - Clinical reviews

124. Functions of clinical reviewers
125. Appointment of clinical reviewers
126. Appointment conditions and limit on powers
127. When office ends
128. Resignation
129. Powers of clinical reviewers
130. Giving clinical reviewer false or misleading information
131. Obstructing clinical reviewer
132. Duty of confidentiality of clinical reviewers
133. Disclosure to person under Coroners Act 2003
134. Stopping clinical review
135. Reports by clinical reviewers other than to provide advice to investigator
136. Reports by clinical reviewers to provide advice to investigator
137. Chief executive may request report from health service chief executive
138. Protection for reports

Division 4 - Minimum nurse-to-patient ratios, midwife-to-patient ratios and workload standards

138A. Definitions for division
138B. Prescription of minimum nurse-to-patient and midwife-to-patient ratios
138C. Temporary exemptions
138D. Matters for Minister to consider
138E. Standards about nursing and midwifery workload management
138F. Publication of information about nursing and midwifery workload management

Division 5 - State aged care facilities

138G. Definitions for division
138H. Prescription of minimum nurse and registered nurse percentages
138I. Prescription of minimum average daily resident care hours
138J. Temporary exemptions
138K. Matters for Minister to consider
138L. Standards about State aged care facility workload management
138M. Publication of information about State aged care facility workload management

PART 7 - CONFIDENTIALITY

Division 1 - Interpretation and application

139. Definitions for pt 7
139A. Meaning of designated person
140. Meaning of parent
141. Part does not apply to Act officials

Division 2 - Confidentiality

Subdivision 1 - Prohibited disclosure of confidential information

142. Confidential information must not be disclosed by designated persons
142A. Confidential information must not be disclosed by prescribed health professionals

Subdivision 2 - Permitted disclosure of confidential information

143. Disclosure required or permitted by law
144. Disclosure with consent
145. Disclosure of confidential information for care or treatment of person
146. Disclosure to person who has sufficient interest in health and welfare of person
147. Disclosure to lessen or prevent serious risk to life, health or safety
148. Disclosure for the protection, safety or wellbeing of a child
149. Disclosure for funding arrangements and public health monitoring
150. Disclosure for purposes relating to health services
150A. Disclosure for purposes related to approved research
151. Disclosure to Commonwealth, another State or Commonwealth or State entity
152. Disclosure to or by inspector
153. Disclosure to Act officials
154. Disclosure to or by relevant chief executive
155. Disclosure to health practitioner registration board
156. Disclosure to health ombudsman
157. Disclosure to person performing functions under Coroners Act 2003
157A. Disclosure to inspector of detention services
157B. Disclosure to person performing functions under Mental Health Act 2016
158. Disclosure to lawyers
159. Disclosure to Australian Red Cross Society
160. Disclosure of confidential information in the public interest
160A. Disclosure for purpose of Health Transparency Act 2019
161. Necessary or incidental disclosure

Division 3 - Access by external service provider to information system

161A. Chief executive may authorise access to information system
161B. External service provider may access confidential information under authorisation

Division 4 - Access by prescribed health professional to prescribed information system

161C. Prescribed health professional may access prescribed information system and particular information

PART 8 - CONTROL OF TRAFFIC AND CONDUCT ON HEALTH SERVICES LAND

Division 1 - Interpretation

162. Definitions for pt 8

Division 2 - Authorised persons and security officers

163. Appointment of authorised persons
164. Appointment of security officers
165. Person may be appointed as authorised person and security officer
166. Appointment conditions and limit on powers
167. When office ends
168. Resignation
169. Identity cards
170. Production or display of identity card
171. Return of identity card

Division 3 - Traffic control

172. Health services land for which authorised person may exercise powers
173. Health services land for which health service chief executives may exercise powers
174. Authorised persons to control traffic on health services land
175. Regulatory notice
176. Notices that contravention of regulatory notice an offence
177. Removal and detention of illegally parked or abandoned vehicles
178. Disposal of unclaimed vehicles
179. Application of proceeds of sale

Division 4 - Conduct on health services land

180. Health services land for which authorised person or security officer may exercise powers
181. Health services land for which health service chief executives may exercise powers
182. Conduct causing a public nuisance
183. Power to deal with persons causing a public nuisance
184. (Repealed)

Division 5 - Requirements to give name and address and other matters

185. Power to require name and address
186. Offence to contravene personal details requirement
187. Obstructing an authorised person or security officer
188. Impersonating authorised person or security officer

PART 9 - HEALTH SERVICE INVESTIGATIONS

189. Functions of health service investigators
190. Appointment of health service investigators
191. Appointment conditions and limit on powers
192. When office ends
193. Resignation
194. Powers of health service investigators
195. Giving health service investigator false or misleading information
196. Obstructing investigator
197. Duty of confidentiality of health service investigators
198. Disclosure to person under Coroners Act 2003
199. Reports by health service investigators
200. Chief executive may request report from health service chief executives

PART 10 - MONITORING AND ENFORCEMENT

Division 1 - Interpretation

201. Definitions for pt 10

Division 2 - General provisions about inspectors

Subdivision 1 - Functions and appointment

202. Functions of inspectors
203. Appointment and qualifications
204. Appointment conditions and limit on powers
205. When office ends
206. Resignation

Subdivision 2 - Identity cards

207. Issue of identity card
208. Production or display of identity card
209. Return of identity card

Subdivision 3 - Miscellaneous provisions

210. References to exercise of powers
211. Reference to document includes reference to reproductions from electronic document

Division 3 - Entry of places by inspectors

Subdivision 1 - Power to enter

212. General power to enter places

Subdivision 2 - Entry by consent

213. Application of sdiv 2
214. Incidental entry to ask for access
215. Matters inspector must tell occupier
216. Consent acknowledgement

Subdivision 3 - Entry under warrant

217. Application for warrant
218. Issue of warrant
219. Electronic application
220. Additional procedure if electronic application
221. Defect in relation to a warrant
222. Entry procedure

Division 4 - General powers of inspectors after entering places

223. Application of div 4
224. General powers
225. Power to require reasonable help
226. Offence to contravene help requirement

Division 5 - Seizure and forfeiture

Subdivision 1 - Power to seize

227. Seizing evidence at a place that may be entered without consent or warrant
228. Seizing evidence at a place that may be entered only with consent or warrant
229. Seizure of property subject to security

Subdivision 2 - Powers to support seizure

230. Requirement of person in control of thing to be seized
231. Offence to contravene seizure requirement
232. Power to secure seized thing
233. Offence to contravene other seizure requirement
234. Offence to interfere

Subdivision 3 - Safeguards for seized things

235. Receipt and information notice for seized thing
236. Access to seized thing
237. Return of seized thing

Subdivision 4 - Forfeiture

238. Forfeiture by chief executive decision
239. Information notice about forfeiture decision
240. Forfeiture on conviction
241. Procedure and powers for making forfeiture order

Subdivision 5 - Dealing with property forfeited or transferred to State

242. When thing becomes property of the State
243. How property may be dealt with

Division 6 - Disposal orders

244. Disposal order

Division 7 - Other information-obtaining powers

245. Power to require name and address
246. Offence to contravene personal details requirement
247. Power to require information
248. Offence to contravene information requirement

Division 8 - Miscellaneous provisions relating to inspectors

Subdivision 1 - Damage

249. Duty to avoid inconvenience and minimise damage
250. Notice of damage

Subdivision 2 - Compensation

251. Compensation

Subdivision 3 - Other offences relating to inspectors

252. Giving inspector false or misleading information
253. Obstructing inspector
254. Impersonating inspector

Division 9 - Reviews and appeals

255. Right of appeal
256. Appeal process starts with internal review
257. How to apply for review
258. Stay of operation of decision
259. Review decision
260. Who may appeal
261. Procedure for an appeal to the court
262. Stay of operation of review decision
263. Powers of court on appeal
264. Effect of decision of court on appeal

PART 11 - LEGAL PROCEEDINGS

Division 1 - Application

265. Application of pt 11

Division 2 - Evidentiary aids

266. Appointments and authority
267. Signatures
268. Evidentiary provisions

Division 3 - Offence proceedings

269. Summary offences
270. Limitation on time for starting proceedings for summary offence
271. Proceedings for indictable offences
272. Limitation on who may summarily hear indictable offence
273. Allegations of false or misleading information or document

PART 12 - MISCELLANEOUS

Division 1 - Transfer notices

273A. Transfer notice
273B. Registering authority to note transfer or other dealing
273C. Decisions not reviewable
273D. Effect on legal relationships
273E. Things done under transfer notice

Division 2 - General provisions

274. Disclosure of personal information of health service employees and health professionals
275. Governor in Council may dismiss members of board
276. Governor in Council may appoint administrator for Service
277. Term and role of administrator
278. Ministerial advisory committees
279. Delegation by Minister
280. Protecting officials
281. Approval of forms
282. Regulation-making power

PART 13 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

Division 1 - Repeal

283. Repeal of Health Services Act 1991

Division 2 - Savings and transitionals for Act No. 32 of 2011

284. Definitions for div 2
285. Existing health service employees
286. Existing health executives employed in health service districts
287. Chief health officer
288. Continued appointment of inspectors
289. Continued appointment of authorised persons
290. Continued appointment of security officers
291. Continued appointment of auditors
292. Continued appointment of investigators
293. Continuation of RCA teams
294. Continuation of quality assurance committees
295. Continuation of Ministerial advisory committees
296. Health service audits
297. Health service investigations
298. Regulatory notices and information notices
299. Authorisations and considerations by chief executive
300. Applications under Information Privacy Act 2009, s 43, 44 or 94
301. Applications under Information Privacy Act 2009, s 99
302. Persons affected by reviewable decision under the Information Privacy Act 2009
303. Applications under Right to Information Act 2009, s 24 or 80
304. Applications under Right to Information Act 2009, s 85
305. Persons affected by reviewable decision under the Right to Information Act 2009
306. Assistance must be provided
307. Transfer notice
308. Decisions not reviewable
309. Severability
310. Registering authority to note transfer or other dealing
311. Effect on legal relationships
312. Things done under transfer notice
313. Requirement for Service to develop engagement strategies
314. Requirement for Service to develop protocol
315. Advertising for members of boards before commencement
316. Reporting obligations for prescribed public hospitals to continue
317. When chief executive may decide service agreement
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
319B. Governing councils continue in existence as Hospital and Health Boards
319C. Networks continue in existence as Hospital and Health Services
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
321. (Expired)

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

322. Transitional provision for chain of event documents

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

323. Definitions for div 6
324. Pre-modernisation industrial instruments
325. Making of order by commission to apply pre-modernisation health instruments to senior medical officers
326. Effect of pre-modernisation instrument order
327. Making of new certified agreement or determination
328. Application of amended s 75

Division 7 - Transitional provision for Health Legislation Amendment Act 2020

329. Aboriginal and Torres Strait Islander board membership
SCHEDULE 1
SCHEDULE 2

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