Queensland Numbered Acts

HEALTH AND HOSPITALS NETWORK ACT 2011 NO. 32

TABLE OF PROVISIONS

           Contents
           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.      Establishment of Local Health and Hospital Networks
   8.      Management of the public sector health system
   9.      Management of health system performance
   10.     State-wide 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--Local Health and Hospital Networks
           Division 1--Establishment, functions and powers of networks
   17.     Establishment of networks
   18.     Legal status
   19.     Functions of networks
   20.     Powers of networks
   21.     Application of other Acts
           Division 2--Governing councils for networks
           Subdivision 1--Role of governing councils
   22.     Role of exercising control over network
           Subdivision 2--Membership
   23.     Membership of governing councils
   24.     Minister to advertise for members of governing councils
   25.     Chairperson and deputy chairperson
   26.     Conditions of appointment
   27.     Vacation of office of governing council member
   28.     Removal from office of governing council members
   29.     Defects in appointment of members
           Subdivision 3--Delegation by governing councils
   30.     Delegation by governing councils
           Subdivision 4--Conduct of business
   31.     Members to act in public interest
   32.     Conduct of business by governing councils
           Division 3--Network chief executives
   33.     Appointment of network chief executives
   34.     Delegation by network chief executive
           Division 4--Service agreements, engagement strategies and protocols
   35.     Chief executive and network 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
   40.     Engagement strategies
   41.     Review of strategies
   42.     Protocol with primary healthcare organisations
   43.     Review of protocol
           Division 5--Directions by Minister
   44.     Minister may give directions to network
           Part 3--Functions of chief executive and chief health officer
           Division 1--Chief executive
   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 3--Chief health officer
   52.     Chief health officer
   53.     Functions of chief health officer
           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 network 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
   69.     Health service employees not public service employees
           Division 2--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
   75.     Exclusion of certain matters from review under other Acts
   76.     Fixing of remuneration packages and classification levels for health executives
           Division 3--Other provisions relating to health service employees
   77.     Redeployment or secondment to lower classification level
   78.     Transfer of health service employees or network health executives
   79.     Entitlement on ending of particular employment contracts
   80.     Action if health service employee is surplus to needs
           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 and chain of events document
   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 Quality and Complaints Commission
   109.    Release of information to chief health officer
   110.    Release of information by chief health officer to Health Quality and Complaints Commission
   111.    Release of information to director of mental health
   112.    Giving of copy of RCA report or chain of events document—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 network chief executive
   138.    Protection for documents and information
           Part 7--Confidentiality
           Division 1--Interpretation and application
   139.    Definitions for pt 7
   140.    Meaning of parent
   141.    Part does not apply to Act officials
           Division 2--Confidentiality
   142.    Confidential information must not be disclosed
   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
   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 Quality and Complaints Commission
   157.    Disclosure to person performing functions under Coroners Act 2003
   158.    Disclosure to lawyers
   159.    Disclosure to Australian Red Cross Society
   160.    Disclosure of confidential information in the public interest
   161.    Necessary or incidental disclosure
           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 network 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 network chief executives may exercise powers
   182.    Conduct causing a public nuisance
   183.    Power to deal with persons causing a public nuisance
   184.    Prohibition of smoking
           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 network 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
   274.    Disclosure of personal information of health service employees and health professionals
   275.    Governor in Council may dismiss members of governing council
   276.    Governor in Council may appoint administrator for network
   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 transitional
   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 network to develop engagement strategies
   314.    Requirement for network to develop protocol
   315.    Advertising for members of governing councils before commencement
   316.    Reporting obligations for prescribed public hospitals to continue
   317.    When chief executive may decide service agreement
   318.    When consultation on health service directive not required
   319.    Transitional regulation-making power
           Part 14--Amendment of Tobacco and Other Smoking Products Act 1998
   320.    Act amended
   321.    Insertion of new pt 2, div 1A
   322.    Omission of pt 2, div 4 hdg (Signage)
   323.    Amendment and relocation of s 20 (Supplier must display particular signs)
   324.    Amendment and relocation of s 21 (Person in charge of tobacco product vending machine must attach particular signs)
   325.    Amendment of s 25 (Definitions for pt 2A)
   326.    Replacement of ss 26A–26H
           327. Replacement of s 26IA (Advertising or display to be as provided under this division)
   328.    Omission of ss 26IB and 26IC
           329. Amendment of s 26ID (Display of retail prices of tobacco product)
   330.    Amendment of s 26IE (Certain business names allowed)
   331.    Amendment of schedule (Dictionary)
           Part 15--Consequential amendments
   332.    Acts amended
           SCHEDULE 1 -- CONSEQUENTIAL AMENDMENTS
           Part 1--Amendment of this Act
           Part 2--Amendment of other legislation
           SCHEDULE 2 -- CONDUCT OF BUSINESS BY GOVERNING COUNCILS
   1.      Application of sch 2
   2.      Conduct of business by governing council
   3.      Times and places of meetings
   4.      Quorum
   5.      Presiding at meetings
   6.      Conduct of meetings
   7.      Minutes
   8.      Committees
   9.      Disclosure of interests
           SCHEDULE 3 -- DICTIONARY