Health Legislation Amendment (Quality and Safety) Bill 2017

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Health Legislation Amendment (Quality and Safety) Bill 2017

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 TABLE OF PROVISIONS Clause Page Part 1--Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2--Amendment of the Health Services Act 1988 4 3 Definitions 4 4 Interpretation: health service establishment 5 5 Interpretation: day procedure centre 5 6 Objectives 5 7 Preparation of draft guidelines 5 8 Chief executive officer 5 9 Board of management 5 10 Terms and conditions of appointment 10 11 New section 34A inserted 11 12 Removal and resignation 11 13 New section 35A inserted 12 14 Membership of board not office of profit 13 15 Immunity 13 16 New section 39 inserted 13 17 Validity of acts or decisions 13 18 Appointment of delegate to board 14 19 Obligations of board to delegate 14 20 New sections 40F, 40G, 40H and 40I inserted 15 21 Hospital must comply with directions of Secretary 19 22 Powers of Minister 19 23 Secretary may commission audits 20 24 Proposal for amalgamation 20 25 Voluntary amalgamations 21 26 Board of directors 21 27 Directors 22 28 Terms and conditions 22 29 Chief executive officer 22 30 New section 65XAB inserted 23 31 Functions of the chief executive officer 23 32 Appointment of delegate to board 23 i

Clause Page 33 Application 24 34 Criteria for grant of approval in principle 25 35 Criteria for registration 25 36 Certificate of registration 26 37 Criteria for renewal of registration 26 38 Endorsement of certificate of registration 27 39 New sections 100 and 101 inserted 27 40 Revocation of registration of health service establishment 30 41 Directions of Secretary 31 42 New sections 106, 107, 107A, 107B, 108, 108A and 108B inserted 32 43 Records 36 44 New sections 110A, 110B, 110C and 110D inserted 36 45 Board of management 39 46 Terms and conditions of appointment 44 47 New section 115FA inserted 44 48 Removal and resignation 45 49 New section 115GA inserted 45 50 Membership of board not office of profit 46 51 Immunity 46 52 New sections 115JB and 115JC inserted 46 53 Validity of acts or decisions 49 54 Section 115M substituted and new sections 115MA, 115MB, 115MC and 115MD inserted 49 55 New section 115NA inserted 55 56 Powers of Minister 55 57 New section 115SA inserted 56 58 Amalgamations 57 59 Governor in council may order amalgamation 57 60 Part 6A heading substituted 58 61 Establishment of Health Innovation and Reform Council 58 62 Functions of the Council 58 63 Members of the Council 58 64 Procedure at meetings 59 65 Removal and resignation 60 66 Committee of the Council 60 67 Regulations 60 68 New section 178C inserted 60 Part 3--Amendment of the Ambulance Services Act 1986 62 69 Definitions 62 70 Functions of the Secretary 62 71 General powers of the Secretary 62 72 Objectives of ambulance services 63 73 Board of ambulance service 63 74 New section 17A inserted 64 75 Functions of board of ambulance service 64 ii

Clause Page 76 New section 19A inserted 65 77 Chief executive officer 65 78 Appointment of an administrator 65 79 Secretary may commission audits 66 Part 4--Amendment of the Mental Health Act 2014 67 80 Objectives 67 81 Functions of the Secretary 67 82 Functions of the Institute 68 83 Powers of the Institute 68 84 Board of directors 68 85 New section 332A inserted 69 86 Appointment of directors 71 87 New sections 339A, 339B, 339C and 339D inserted 71 88 Chief executive officer 73 89 Statute law revision amendment--Mental Health Amendment Act 2015 75 Part 5--Amendment of the Public Health and Wellbeing Act 2008 76 90 Disclosure of information held by a prescribed Consultative Council 76 91 Confidentiality obligations applying in respect of a prescribed Consultative Council 76 92 Constitution of CCOPMM 76 93 New section 46A inserted 76 94 New sections 48A and 48B inserted 78 95 Immunisation status certificate 80 96 Issuing of immunisation status certificate 80 Part 6--Amendment of the Health Complaints Act 2016 81 97 Power to delegate 81 Part 7--Repeal of amending Act 83 98 Repeal of amending Act 83 ═══════════════ Endnotes 84 1 General information 84 iii

Health Legislation Amendment (Quality and Safety) Act 2017 � No. of 2017 [Assented to ] The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes The main purposes of this Act are-- (a) to amend the Health Services Act 1988-- (i) to strengthen and elevate roles and responsibilities for quality and safety under that Act; and 1

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 1--Preliminary (ii) to improve governance arrangements for public hospitals, public health services and multi purpose services; and (iii) to require health service establishments to comply with health service establishment premises guidelines; and (iv) to require the proprietors of health service establishments-- (A) to comply with applicable approved accreditation schemes; and (B) to apply for approval of alterations to clinical areas; and (C) to provide safe, patient-centred and appropriate health services; and (v) in relation to the voluntary and compulsory amalgamations of registered funded agencies and multi purpose services; and (vi) to establish the Better Care Victoria Board; (b) to amend the Ambulance Services Act 1986-- (i) to strengthen and elevate roles and responsibilities for quality and safety under that Act; and (ii) to improve governance arrangements for ambulance services; and 2

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 1--Preliminary (c) to amend the Mental Health Act 2014-- (i) to strengthen and elevate roles and responsibilities for quality and safety under that Act; and (ii) to improve governance arrangements for the Victorian Institute of Forensic Mental Health; and (d) to amend the Public Health and Wellbeing Act 2008 in relation to the Consultative Councils and to make various technical amendments in relation to immunisation; and (e) to amend the Health Complaints Act 2016 in relation to delegation powers. 2 Commencement (1) This Part and Part 6 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 89 is taken to have come into operation on 24 November 2015. (3) Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision of this Act referred to in subsection (3) does not come into operation before 1 July 2018, it comes into operation on that day. 3

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 Part 2--Amendment of the Health Services Act 1988 3 Definitions In section 3(1) of the Health Services Act 1988-- (a) the definition of Council is repealed; (b) in the definition of day procedure centre, for "a major" substitute "an"; (c) in the definition of health service establishment, after paragraph (a) insert-- "(b) a premises at which, or from which, a prescribed health service is provided; or"; (d) insert the following definitions-- "approved accreditation scheme means an accreditation scheme approved under section 107; Board in Part 6A means the Better Care Victoria Board established under that Part; clinical area, in relation to premises registered as a health service establishment, means an area of the premises where health services are provided and includes an equipment sterilisation area; health service establishment premises guidelines means guidelines approved under section 106; serious risk to patient health or safety means there is a high probability of a substantial adverse impact on the health or safety of a patient;". 4

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 4 Interpretation: health service establishment In section 4 of the Health Services Act 1988, after "undertaking at" insert ", or from,". 5 Interpretation: day procedure centre Section 5 of the Health Services Act 1988 is repealed. 6 Objectives For section 9(a) of the Health Services Act 1988 substitute-- "(a) health care agencies-- (i) provide safe, patient-centred and appropriate health services; and (ii) foster continuous improvement in the quality and safety of the care and health services they provide; and". 7 Preparation of draft guidelines In section 12(b) of the Health Services Act 1988, for "quality" substitute "quality or safety". 8 Chief executive officer In section 25(2) of the Health Services Act 1988, after "appoint" insert "or re-appoint". 9 Board of management (1) Insert the following heading to section 33 of the Health Services Act 1988-- "Board of directors". (2) In section 33(1) of the Health Services Act 1988, for "management" substitute "directors". 5

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (3) For section 33(2) of the Health Services Act 1988 substitute-- "(2) The functions of the board of a public hospital are-- (a) other than in the case of the Queen Elizabeth Centre and the Tweddle Child and Family Health Service, to develop statements of priorities and strategic plans for the operation of the public hospital and to monitor compliance with those statements and plans; and (b) in the case of the Queen Elizabeth Centre and the Tweddle Child and Family Health Service, to enter into health service agreements, if the board considers it appropriate, and to develop strategic plans for the operation of the public hospital and to monitor compliance with those agreements and plans; and (c) to develop financial and business plans, strategies and budgets to ensure the accountable and efficient provision of health services by the public hospital and the long term financial viability of the public hospital; and (d) to establish and maintain effective systems to ensure that the health services provided meet the needs of the communities served by the public hospital and that the views of users and providers of health services are taken into account; and 6

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (e) to monitor the performance of the public hospital to ensure that-- (i) the public hospital operates within its budget; and (ii) its audit and accounting systems accurately reflect the financial position and viability of the public hospital; and (iii) the public hospital adheres to-- (A) its financial and business plans; and (B) its strategic plans; and (C) its statements of priorities or, in the case of the Queen Elizabeth Centre and the Tweddle Child and Family Health Service, any health service agreements entered into; and (iv) effective and accountable risk management systems are in place; and (v) effective and accountable systems are in place to monitor and improve the quality, safety and effectiveness of health services provided by the public hospital; and (vi) any problems identified with the quality, safety or effectiveness of the health services provided are addressed in a timely manner; and 7

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (vii) the public hospital continuously strives to improve the quality and safety of the health services it provides and to foster innovation; and (viii) any committees established or appointed by the board operate effectively; and (f) during each financial year, to monitor the performance of the chief executive officer of the public hospital (including at least one formal assessment in relation to that financial year), having regard to the objectives, priorities and key performance outcomes specified in-- (i) the public hospital's statement of priorities under section 40G; or (ii) in the case of the Queen Elizabeth Centre and the Tweddle Child and Family Health Service, any health service agreements entered into; and (g) to establish the organisational structure, including the management structure, of the public hospital; and (h) to develop arrangements with other relevant agencies and service providers to enable effective and efficient service delivery and continuity of care; and (i) to ensure that the Minister and the Secretary are advised about significant board decisions and are informed in a timely manner of any issues of public concern or risks that affect or may affect the public hospital; and 8

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (j) to establish the following committees-- (i) a Finance Committee, an Audit Committee and a Quality and Safety Committee; or (ii) a Finance and Audit Committee and a Quality and Safety Committee; and (k) to facilitate health education; and (l) to adopt a code of conduct for staff of the public hospital; and (m) to provide appropriate training for directors; and (n) any other functions conferred on the board by or under this Act.". (4) After section 33(2A) of the Health Services Act 1988 insert-- "(2B) In performing its functions and exercising its powers, the board of a public hospital must have regard to-- (a) the needs and views of patients and other users of the health services provided by the public hospital and of the community served by the public hospital; and (b) the need to ensure that the public hospital uses its resources in an effective and efficient manner; and (c) the need to ensure that resources of the Victorian health sector generally are used effectively and efficiently.". 9

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (5) In section 33(7) and (8) of the Health Services Act 1988, for "members" (wherever occurring) substitute "directors". (6) For section 33(10) of the Health Services Act 1988 substitute-- "(10) In nominating a person for appointment to a board, the Minister must-- (a) ensure that both men and women are adequately represented on the board; and (b) have regard to any prescribed matters; and (c) for the period of 3 years from the commencement of section 9(6) of the Health Legislation Amendment (Quality and Safety) Act 2017, consider the desirability of limiting the term of re-appointment of a director so that the combined term of the director's initial appointment, any re-appointment and any proposed re-appointment does not exceed 9 consecutive years.". (7) In section 33(11) of the Health Services Act 1988, for "member" (where twice occurring) substitute "director". 10 Terms and conditions of appointment (1) In section 34(1) of the Health Services Act 1988-- (a) for "member" substitute "director"; (b) after "re-appointment" insert ", subject to section 34A". 10

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (2) In section 34(2) of the Health Services Act 1988, for "member" (where twice occurring) substitute "director". (3) In section 34(3) of the Health Services Act 1988-- (a) for "member of a board" substitute "director of a board"; (b) for "member of the board" substitute "director of the board". 11 New section 34A inserted After section 34 of the Health Services Act 1988 insert-- "34A Eligibility for re-appointment (1) A director of a board of a public hospital is only eligible for re-appointment if the combined term of the initial appointment, any re-appointment and any proposed re-appointment does not exceed 9 consecutive years. (2) Despite subsection (1), a director may be re-appointed if the Minister is satisfied that exceptional circumstances exist which justify the re-appointment. (3) This section applies in relation to a re-appointment made on or after the third anniversary of the commencement of this section.". 12 Removal and resignation In section 35(1) and (2) of the Health Services Act 1988, for "member" substitute "director". 11

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 13 New section 35A inserted After section 35 of the Health Services Act 1988 insert-- "35A Chairperson of board (1) The board of a public hospital may-- (a) elect one of its directors to be the chairperson of the board; and (b) remove from office the chairperson elected under this subsection. (2) As soon as practicable after the board of a public hospital elects a director to be chairperson or removes the chairperson from office, the board must give written notice to the Secretary of the election or removal. (3) The Minister may-- (a) appoint a director of the board of a public hospital to be the chairperson of the board; and (b) remove from office the chairperson of the board of a public hospital, irrespective of whether the chairperson is appointed by the Minister or elected by the board. (4) As soon as practicable after the Minister appoints a director to be chairperson or removes the chairperson from office (irrespective of whether the chairperson is appointed by the Minister or elected by the board), the Minister must give written notice to the board of the appointment or removal.". 12

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 14 Membership of board not office of profit (1) Insert the following heading to section 38 of the Health Services Act 1988-- "Directorship of the board not office of profit". (2) In section 38 of the Health Services Act 1988-- (a) for "member of a board" substitute "director of a board"; (b) in paragraphs (a), (c) and (d), for "the member" substitute "the director"; (c) in paragraph (b), for "member's" substitute "director's". 15 Immunity In section 38A(1) and (2) of the Health Services Act 1988, for "member" substitute "director". 16 New section 39 inserted After section 38A of the Health Services Act 1988 insert-- "39 Guidelines of Minister The Minister may publish in the Government Gazette guidelines relating to the role and procedure of boards of public hospitals and how they may carry out their functions.". 17 Validity of acts or decisions In section 40 of the Health Services Act 1988-- (a) in paragraph (a), for "member" substitute "director"; (b) in paragraph (b), for "membership" substitute "directorship". 13

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 18 Appointment of delegate to board (1) In section 40C(1) of the Health Services Act 1988, after "performance of the public hospital" insert "or, in the case of a new public hospital, will assist the orderly establishment of the public hospital or the performance of the public hospital". (2) In section 40C(2) of the Health Services Act 1988, for "member" substitute "director". (3) In section 40C(3) of the Health Services Act 1988-- (a) after "improve the performance of the public hospital" insert "or, in the case of a new public hospital, will assist the orderly establishment of the public hospital or the performance of the public hospital"; (b) in paragraph (a), after "hospital" insert "or the future financial performance of the new public hospital"; (c) in paragraph (b), after "hospital" insert "or to be provided by the new public hospital"; (d) in paragraph (c), after "complying" insert ", or the new public hospital will comply,". 19 Obligations of board to delegate In section 40E(b) of the Health Services Act 1988, for "members" (where twice occurring) substitute "directors". 14

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 20 New sections 40F, 40G, 40H and 40I inserted After section 40E of the Health Services Act 1988 insert-- "40F Strategic plans (1) The Secretary may direct the board of a public hospital to prepare and submit to the Secretary for approval a strategic plan for the operation of the public hospital. (2) The board of a public hospital must comply with a direction of the Secretary under subsection (1). (3) The Secretary may-- (a) approve a strategic plan; or (b) refuse to approve a strategic plan. (4) The board of a public hospital must advise the Secretary if it wishes to exercise its functions in a manner inconsistent with its approved strategic plan. 40G When statement of priorities to be prepared (1) For each financial year, the board of a public hospital must-- (a) prepare, in consultation with the Secretary, a proposed statement of priorities in relation to the public hospital in accordance with section 40H; and (b) submit the proposed statement of priorities to the Secretary. (2) If the board of the public hospital and the Secretary fail to agree on a statement of priorities before 1 October of the financial year to which the statement of priorities 15

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 relates, the Secretary may make a statement of priorities in relation to the public hospital in accordance with section 40H. (3) A statement of priorities may be varied at any time if the board of the public hospital and the Secretary so agree. (4) If the board of the public hospital and the Secretary fail to agree to a proposed variation of a statement of priorities within 28 days after the variation is proposed, the Secretary may-- (a) vary the statement of priorities; or (b) refuse to vary the statement of priorities. (5) A member of the public may request the Secretary to provide a copy of a statement of priorities or any variation made to a statement of priorities. (6) The Secretary must comply with a request made under subsection (5). (7) This section does not apply to-- (a) the Queen Elizabeth Centre; or (b) the Tweddle Child and Family Health Service. 40H Content of statement of priorities A public hospital's statement of priorities under section 40G must-- (a) be consistent with the strategic plan approved by the Secretary for the operation of the public hospital; and 16

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (b) specify for the financial year to which it relates-- (i) the services to be provided by the public hospital and the funds to be provided to the public hospital; and (ii) the objectives, priorities and key performance outcomes to be met by the public hospital; and (iii) the performance indicators, targets or other measures against which the public hospital's performance is to be assessed and monitored; and (iv) how and when the public hospital must report to the Secretary on its performance in relation to the specified objectives, priorities and key performance outcomes; and (v) any other matters that, from time to time, are agreed by the Secretary and the board of the public hospital or are determined by the Secretary. 40I Functions of the chief executive officer of public hospital (1) The functions of the chief executive officer of a public hospital are-- (a) to manage the public hospital in accordance with-- (i) the financial and business plans, strategies and budgets developed by the board; and (ii) the instructions of the board; and 17

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (b) to prepare material for consideration by the board including the following-- (i) statements of priorities, other than in the case of the Queen Elizabeth Centre and the Tweddle Child and Family Health Service; (ii) strategic plans, business plans, strategies and budgets; and (c) to ensure that the board and any committees established or appointed by the board are assisted and provided with relevant information to enable them to perform their functions effectively and efficiently; and (d) to implement effective and accountable systems to monitor and improve the quality, safety and effectiveness of health services provided by the public hospital; and (e) to ensure that the public hospital continuously strives to improve the quality and safety of the health services it provides and to foster innovation; and (f) to ensure that the board's decisions are implemented effectively and efficiently throughout the public hospital; and (g) to inform the board in a timely manner of any issues of public concern or risks that affect or may affect the public hospital; and (h) to inform the board, the Secretary and the Minister without delay of any significant issues of public concern or significant risks affecting the public hospital. 18

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (2) In performing the chief executive officer's functions under this section, the chief executive officer must have regard to-- (a) the needs and views of patients and other users of the health services provided by the public hospital and of the community served by the public hospital; and (b) the need to ensure that the public hospital uses its resources in an effective and efficient manner; and (c) the need to ensure that resources of the Victorian public health sector generally are used effectively and efficiently.". 21 Hospital must comply with directions of Secretary After section 42(1)(ia) of the Health Services Act 1988 insert-- "(ib) action to be taken to ensure that the health services provided are safe, patient-centred and appropriate; (ic) a requirement that the hospital provide the Secretary specified information by a specified date and in the specified manner to ensure that the objectives of the Act are being met;". 22 Powers of Minister After section 58(1)(c) of the Health Services Act 1988 insert-- "(caa) in the case of a public hospital, has failed-- (i) to provide safe, patient-centred and appropriate health services; or (ii) to foster continuous improvement in the quality and safety of the care and health services it provides; or". 19

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 23 Secretary may commission audits For section 63A(1)(b) of the Health Services Act 1988 substitute-- "(b) is providing safe, patient-centred and appropriate health services; or (ba) is fostering continuous improvement in the quality and safety of the care and health services it provides; or". 24 Proposal for amalgamation (1) For section 64(1) of the Health Services Act 1988 substitute-- "(1) This section applies if the Secretary considers that-- (a) the provision of health services by 2 or more registered funded agencies (none of which is a denominational hospital) may be more effective if the agencies were amalgamated; or (b) governance of the quality and safety of health services provided by 2 or more registered funded agencies (none of which is a denominational hospital) may be more effective if the agencies were amalgamated. (1A) The Secretary must cause to be prepared a report outlining proposals and options for the more effective provision of health services or the more effective governance of the quality or safety of health services provided, as the case may be, including the proposal for amalgamation.". 20

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (2) In section 64(2) and (4) of the Health Services Act 1988, for "subsection (1)" substitute "subsection (1A)". (3) In section 64(7) of the Health Services Act 1988, after "provision of health services" insert ", or the more effective governance of the quality or safety of health services provided,". (4) Section 64(8) of the Health Services Act 1988 is repealed. 25 Voluntary amalgamations In section 64A(3)(a) of the Health Services Act 1988, after "services" insert ", or the more effective governance of the quality or safety of health services provided,". 26 Board of directors (1) In section 65S(2)(d) of the Health Services Act 1988-- (a) in paragraph (v) and (vi) after "quality" insert ", safety"; (b) in paragraph (vii), after "quality" insert "and safety". (2) For section 65S(2)(e) and (f) of the Health Services Act 1988 substitute-- "(e) subject to the Secretary's approval, to appoint a chief executive officer and to determine the chief executive officer's remuneration and the terms and conditions of appointment; (f) during each financial year, to monitor the performance of the chief executive officer of the public health service (including at least one formal assessment in relation to that financial year), having regard to the objectives, priorities and key performance 21

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 outcomes specified in the service's statement of priorities under section 65ZFA;". (3) In section 65S(2)(j) of the Health Services Act 1988, after "Quality" insert "and Safety". (4) In section 65S(4)(c) of the Health Services Act 1988, for "hospital" substitute "health". 27 Directors After section 65T(3)(a) of the Health Services Act 1988 insert-- "(ab) for a period of 3 years from the commencement of section 27 of the Health Legislation Amendment (Quality and Safety) Act 2017, the desirability of limiting the term of re-appointment of a director so that the combined term of the director's initial appointment, any re-appointment and any proposed re-appointment does not exceed 9 consecutive years is considered; and (ac) regard is had to any prescribed matters; and". 28 Terms and conditions In section 65U(2) of the Health Services Act 1988, after "that board" insert "unless the Minister is satisfied that exceptional circumstances exist that justify a further re-appointment of the director". 29 Chief executive officer Section 65XA(1) of the Health Services Act 1988 is repealed. 22

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 30 New section 65XAB inserted After section 65XA of the Health Services Act 1988 insert-- "65XAB Guidelines of Minister The Minister may publish in the Government Gazette guidelines relating to the role and procedure of boards of public health services and how they may carry out their functions.". 31 Functions of the chief executive officer (1) In section 65XB(1)(d) of the Health Services Act 1988, for "the quality" substitute "and improve the quality, safety". (2) In section 65XB(1)(e) of the Health Services Act 1988, after "quality" insert "and safety". (3) In section 65XB(2)(c) of the Health Services Act 1988, for "hospital" substitute "health". 32 Appointment of delegate to board (1) In section 65ZAA(1) of the Health Services Act 1988, after "performance of the public health service" insert "or, in the case of a new public health service, will assist the orderly establishment of the public health service or the performance of the public health service". (2) In section 65ZAA(3) of the Health Services Act 1988-- (a) after "improve the performance of the public health service" insert "or, in the case of a new public health service, will assist the orderly establishment of the public health service or the performance of the public health service"; (b) in paragraph (a), after "meeting" insert ", or that the new public health service will meet,"; 23

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (c) after paragraph (a) insert-- "(ab) the quality and safety of the health services provided by the public health service or to be provided by the new public health service; and". 33 Application (1) In section 70(1) of the Health Services Act 1988-- (a) for "may apply" substitute "must apply"; (b) in paragraph (ba), for "establishment; or" substitute "establishment."; (c) paragraph (c) is repealed. (2) After section 70(1) of the Health Services Act 1988 insert-- "(1A) A person may apply to the Secretary for approval in principle of a variation of the registration of a health service establishment being either or both of the following-- (a) an alteration in the number of beds to which the registration relates; (b) in the case of a day procedure centre or private hospital-- (i) a variation of the kinds of prescribed health services that may be carried on at, or from, the premises; or (ii) a variation of the number of beds that may be used for specified kinds of prescribed health services.". (3) In section 70(2) of the Health Services Act 1988, after "subsection (1)" insert "or (1A)". 24

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 34 Criteria for grant of approval in principle (1) In section 71(1)(c)(iv) of the Health Services Act 1988, for "premises." substitute "premises; and". (2) After section 71(1)(c) of the Health Services Act 1988 insert-- "(d) in relation to an application made under section 70(1), whether-- (i) any relevant planning permit has been issued; and (ii) the design of the premises proposed to be constructed is satisfactory, having regard to the kind of health services to be provided at, or from, the premises; and (iii) the plans for the proposed premises comply with the health service establishment premises guidelines; and (e) whether the applicant has met the prescribed requirements in relation to health service establishments.". 35 Criteria for registration (1) For section 83(1)(i) of the Health Services Act 1988 substitute-- "(i) whether the applicant has complied with the health service establishment premises guidelines; and (ia) whether the applicant-- (i) will provide, safe, patient-centred and appropriate health services; and 25

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (ii) will foster continuous improvement in the quality and safety of care and health services provided; and". (2) In section 83(1)(m) of the Health Services Act 1988, for "in which" substitute "at which, or from which,". 36 Certificate of registration (1) In section 85(a) of the Health Services Act 1988, for "on on" substitute "at, or from,". (2) After section 85(c) of the Health Services Act 1988 insert-- "(d) whether, from the registered premises, a prescribed health service may be provided at other premises and, if so, the prescribed health service and the kind of those other premises; and". 37 Criteria for renewal of registration (1) After section 89(1)(e) of the Health Services Act 1988 insert-- "(f) the proprietor-- (i) is providing safe, patient-centred and appropriate health services; and (ii) is fostering continuous improvement in the quality and safety of care and health services provided; and (iii) is complying with the health service establishment premises guidelines; and". (2) After section 89(1) of the Health Services Act 1988 insert-- "(1A) In addition to the matters referred to in subsection (1), in determining whether to renew or refuse to renew the registration of 26

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 a health service establishment, the Secretary must consider any action that has been taken in relation to the health service establishment under Division 4 or 5 of Part 4.". 38 Endorsement of certificate of registration (1) In section 96(a) of the Health Services Act 1988-- (a) for "produce" substitute "return"; (b) omit "for endorsement". (2) For section 96(b) of the Health Services Act 1988 substitute-- "(b) the Secretary must issue a new certificate of registration in accordance with section 85 or a new certificate of renewal of registration in accordance with section 91, as the case may be, which is endorsed with particulars of the variation.". 39 New sections 100 and 101 inserted Before section 102 of the Health Services Act 1988 insert-- "100 Suspension of registration of health service establishment in relation to provision of specified prescribed health service (1) The Secretary may suspend the registration of a health service establishment in relation to the provision of a specified prescribed health service if the Secretary is satisfied that-- (a) the proprietor of the health service establishment is providing the specified prescribed health service in a manner that poses serious risk to patient health or safety; or 27

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (b) the proprietor of the health service establishment has failed to provide the specified prescribed health service in accordance with this Act, the regulations or any conditions of registration; or (c) the proprietor of the health service establishment is not likely to continue to provide the specified prescribed health service in accordance with this Act, the regulations or any conditions of registration; or (d) the proprietor of the health service establishment has been convicted of an offence against this Act or the regulations; or (e) in the case of a proprietor who is a natural person, the proprietor of the health service establishment has ceased to be a fit and proper person to carry on the health service establishment; or (f) in the case of a proprietor that is a body corporate, a director or other officer of the body corporate who exercises or may exercise control over the health service establishment has ceased to be, or is not, a fit and proper person. (2) If under this section the Secretary determines to suspend the registration of a health service establishment in relation to the provision of a specified prescribed health service, the Secretary must give the proprietor of the health service establishment a written notice that states-- (a) the reason for the suspension; and 28

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (b) the date on which the suspension takes effect; and (c) that the Secretary will lift the suspension if the Secretary is satisfied that the reason for the suspension no longer exists. (3) A suspension of registration under this section only prevents the health service establishment from providing the specified prescribed health service. 101 Suspension of registration of health service establishment (1) The Secretary may suspend the registration of a health service establishment if the Secretary is satisfied that-- (a) the proprietor of the health service establishment is operating the health service establishment in a manner that poses serious risk to patient health or safety; or (b) the proprietor of the health service establishment has failed to carry on the health service establishment in accordance with this Act, the regulations or any conditions of registration; or (c) the proprietor of the health service establishment is not likely to continue to carry on the health service establishment in accordance with this Act, the regulations or any conditions of registration; or (d) the proprietor of the health service establishment has been convicted of an offence against this Act or the regulations; or 29

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (e) in the case of a proprietor who is a natural person, the proprietor of the health service establishment has ceased to be a fit and proper person to carry on the health service establishment; or (f) in the case of a proprietor that is a body corporate, a director or other officer of the body corporate who exercises or may exercise control over the health service establishment has ceased to be, or is not, a fit and proper person. (2) If under this section the Secretary determines to suspend the registration of a health service establishment, the Secretary must give the proprietor of the health service establishment a written notice that states-- (a) the reason for the suspension; and (b) the date on which the suspension takes effect; and (c) that the Secretary will lift the suspension if the Secretary is satisfied that the reason for the suspension no longer exists.". 40 Revocation of registration of health service establishment After section 102(1)(a) of the Health Services Act 1988 insert-- "(ab) has failed to comply with the requirements of an approved accreditation scheme; or (ac) has operated, or is operating, the health service establishment in a manner that poses serious risk to patient health or safety; or". 30

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 41 Directions of Secretary After section 105(2) of the Health Services Act 1988 insert-- "(3) The Secretary may direct in writing the proprietor of a health service establishment to provide specified information by a specified date and in a specified manner to ensure that the objectives of this Act are being met. (4) The proprietor of a health service establishment to whom a direction under subsection (3) has been given must not without reasonable excuse fail to comply with the direction. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. (5) The proprietor of a health service establishment must not, without reasonable excuse and in purported compliance with a direction under subsection (3), give information that is false or misleading in a material particular. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate.". 31

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 42 New sections 106, 107, 107A, 107B, 108, 108A and 108B inserted After section 105 of the Health Services Act 1988 insert-- "106 Health service establishment premises guidelines (1) The Secretary may approve guidelines in relation to the design, construction, fittings and equipment of premises, or of parts of premises, at which a health service establishment is located. (2) The Secretary must cause a notice of approval of guidelines under subsection (1) to be published-- (a) in the Government Gazette; and (b) on the Department's Internet site. (3) A notice of approval of guidelines must state-- (a) where a copy of the health service establishment premises guidelines may be obtained; and (b) the date on which the health service establishment premises guidelines take effect; and (c) whether the health service establishment premises guidelines operate as at the date of the approval or as amended from time to time. (4) The proprietor of a health service establishment must not, without reasonable excuse, fail to comply with the requirements of any applicable health service establishment premises guidelines. 32

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 107 Approval of accreditation scheme (1) The Secretary may approve an accreditation scheme in relation to a specified kind of health service establishment. (2) The Secretary must cause a notice of approval of an accreditation scheme under subsection (1) to be published-- (a) in the Government Gazette; and (b) on the Department's Internet site. (3) A notice of approval of an accreditation scheme must state-- (a) where a copy of the accreditation scheme may be obtained; and (b) the date on which the accreditation scheme takes effect; and (c) the kind of health service establishment to which the accreditation scheme applies. 107A Proprietor to comply with approved accreditation scheme The proprietor of a health service establishment must not, without reasonable excuse, fail to comply with the requirements of an applicable approved accreditation scheme. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. 33

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 107B Proprietor to notify Secretary of failure to obtain accreditation or of revocation of accreditation (1) The proprietor of a health service establishment who is notified that the proprietor's application for accreditation under an approved accreditation scheme is refused must not, without reasonable excuse, fail to give notice of the refusal to the Secretary within 24 hours after receiving the notification. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. (2) The proprietor of a health service establishment who is notified that the health service establishment's accreditation under an approved accreditation scheme is revoked must not, without reasonable excuse, fail to give notice of the revocation to the Secretary within 24 hours after receiving the notification. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. 108 Application for approval of alterations to clinical area (1) The proprietor of a health service establishment whose premises include a clinical area substantially altered, renovated or extended after registration of the premises was granted must not, without reasonable excuse, fail to apply to the Secretary for 34

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 permission to use that altered, renovated or extended clinical area. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. (2) An application under subsection (1)-- (a) must be in the prescribed form; and (b) must be accompanied by the prescribed fee. (3) The proprietor must give to the Secretary any further information relating to the application that the Secretary requests. 108A Decision on application for approval of alterations to clinical area (1) In determining whether to approve or refuse the use of a substantially altered, renovated or extended clinical area, the Secretary-- (a) may carry out an inspection of the clinical area; and (b) must consider-- (i) any relevant registration criteria set out in section 83; and (ii) any report made following an inspection of the clinical area. (2) The Secretary must decide whether to approve or refuse the use of a substantially altered, renovated or extended clinical area of a health service establishment. (3) The Secretary must give written notice to the proprietor of the decision within the period determined under section 104. 35

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 108B Offence to use altered, renovated or extended clinical area without approval The proprietor of a health service establishment whose premises include a clinical area that is substantially altered, renovated or extended must not, without reasonable excuse, use that clinical area if the Secretary has not granted approval of that use under section 108A. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate.". 43 Records In section 109(4) of the Health Services Act 1988, for "subsection (3)" substitute "this section". 44 New sections 110A, 110B, 110C and 110D inserted After section 110 of the Health Services Act 1988 insert-- "110A Minister may grant exemption from requirements of Act (1) The Minister may exempt the proprietor of a health service establishment from any or all provisions of this Act or the regulations if the Minister reasonably believes that granting the exemption would not adversely affect the health or safety of patients. (2) An exemption granted under subsection (1)-- (a) must be in writing and be published in the Government Gazette; and 36

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (b) must specify the provisions of this Act or the regulations from which the proprietor is exempt; and (c) must specify the period during which the exemption applies; and (d) may be subject to any condition that the Minister considers to be appropriate for the purposes of protecting the health or safety of patients. (3) The Minister, at any time by written notice to the proprietor of the health service establishment, may vary, suspend or revoke an exemption granted under subsection (1) if the Minister is satisfied that-- (a) the health or safety of patients is adversely affected; or (b) the proprietor of the health service establishment has contravened a condition specified under subsection (2)(d). (4) A notice of variation, suspension or revocation given under subsection (3) must be published in the Government Gazette. 110B Provision of safe health services (1) The proprietor of a health service establishment must not, without reasonable excuse, fail to ensure that safe, patient-centred and appropriate health services are provided at, or from, the health service establishment. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. 37

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (2) The proprietor of a health service establishment must ensure that continuous improvement in the quality and safety of care and health services provided by the health service is fostered. 110C Provision of prescribed information to the Secretary The proprietor of a health service establishment must not, without reasonable excuse, fail to provide to the Secretary any prescribed information in relation to the health service establishment within the prescribed time. Penalty: 20 penalty units in the case of a natural person; 100 penalty units in the case of a body corporate. 110D Proprietor to inform Secretary of serious risk to patient health or safety The proprietor of a health service establishment must not, without reasonable excuse, fail to inform the Secretary that there is a serious risk to patient health or safety in relation to health services provided at, or from, the health service establishment as soon as practicable after the proprietor-- (a) receives notice of a serious risk from an agency administrating an approved accreditation scheme in relation to the health service establishment; or 38

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (b) has any other reason to believe that there is a serious risk to patient health or safety. Penalty: 20 penalty units in the case of a natural person; 100 penalty units in the case of a body corporate.". 45 Board of management (1) Insert the following heading to section 115E of the Health Services 1988-- "Board of directors". (2) In section 115E(1) of the Health Services Act 1988, for "management" substitute "directors". (3) In section 115E(2) of the Health Services Act 1988-- (a) in paragraph (b), for "service." substitute "service; and"; (b) after paragraph (b) insert-- "(c) to enter into service agreements under section 115O or health service agreements, if the board considers it appropriate; and (d) to develop strategic plans for the operation of the multi purpose service and to monitor compliance with those agreements and plans; and (e) to develop financial and business plans, strategies and budgets to ensure the accountable and efficient provision of health services by the multi purpose service and the long term financial viability of the multi purpose service; and 39

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (f) to establish and maintain effective systems to ensure that-- (i) the health services provided meet the needs of the communities served by the multi purpose service; and (ii) the views of users and providers of health services are taken into account; and (g) to monitor the performance of the multi purpose service to ensure that-- (i) the multi purpose service operates within its budget; and (ii) its audit and accounting systems accurately reflect the financial position and viability of the multi purpose service; and (iii) the multi purpose service adheres to-- (A) its financial and business plans; and (B) its strategic plans; and (C) any service agreements entered into under section 115O or any health service agreements entered into; and (iv) effective and accountable risk management systems are in place; and (v) effective and accountable systems are in place to monitor and improve the quality, safety and effectiveness of health 40

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 services provided by the multi purpose service; and (vi) any problems identified with the quality, safety or effectiveness of the health services provided are addressed in a timely manner; and (vii) the multi purpose service continuously strives to improve the quality and safety of the health services it provides and to foster innovation; and (viii) committees established or appointed by the board operate effectively; and (h) subject to the Secretary's approval, to appoint a chief executive officer of the multi purpose service and to determine the chief executive officer's remuneration and terms and conditions of appointment; and (i) during each financial year, to monitor the performance of the chief executive officer of the multi purpose service (including at least one formal assessment in relation to that financial year), having regard to the objectives, priorities and key performance outcomes specified in any service agreements entered into under section 115O or any health service agreements entered into by the multi purpose service; and (j) to establish the organisational structure, including the management structure, of the multi purpose service; and 41

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (k) to develop arrangements with other relevant agencies and service providers to enable effective and efficient service delivery and continuity of care; and (l) to ensure that the Minister and the Secretary are advised about significant board decisions and are informed in a timely manner of any issues of public concern or risks that affect or may affect the multi purpose service; and (m) to establish the following committees-- (i) a Finance Committee, an Audit Committee and a Quality and Safety Committee; or (ii) a Finance and Audit Committee and a Quality and Safety Committee; and (n) to facilitate health education; and (o) to adopt a code of conduct for staff of the multi purpose service; and (p) to provide appropriate training for directors; and (q) any other functions conferred on the board by or under this Act.". (4) After section 115E(2) of the Health Services Act 1988 insert-- "(2A) In performing its functions and exercising its powers, the board of a multi purpose service must have regard to-- (a) the needs and views of patients and other users of the health services provided by the multi purpose service and of the community served by the multi purpose service; and 42

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (b) the need to ensure that the multi purpose service uses its resources in an effective and efficient manner; and (c) the need to ensure that resources of the Victorian public health sector generally are used effectively and efficiently.". (5) After section 115E(4) of the Health Services Act 1988 insert-- "(4A) For the purposes of subsection (4), the Minister or the board (as the case may be) must consider, for the period of 3 years from the commencement of section 45(5) of the Health Legislation Amendment (Quality and Safety) Act 2017, when nominating a person for the board, the desirability of limiting the term of a re-appointment of a director so that the combined term of the director's initial appointment, any re-appointment and any proposed re-appointment does not exceed 9 consecutive years.". (6) After section 115E(5) of the Health Services Act 1988 insert-- "(5A) For the purposes of subsections (4) and (5), the Minister or the board (as the case may be) must have regard to any prescribed matters when nominating a person or submitting a name.". (7) In section 115E(6) of the Health Services Act 1988, for "members" substitute "directors". (8) In section 115E(7) of the Health Services Act 1988, for "member" (where twice occurring) substitute "director". 43

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 46 Terms and conditions of appointment (1) In section 115F(1) of the Health Services Act 1988-- (a) for "member" substitute "director"; (b) after "re-appointment" insert ", subject to section 115FA". (2) In section 115F(2) of the Health Services Act 1988-- (a) for "member" (where twice occurring) substitute "director"; (b) after "the board" insert "and such remuneration as specified in the instrument of appointment". (3) In section 115F(3) of the Health Services Act 1988, for "member's" (where twice occurring) substitute "director's". 47 New section 115FA inserted After section 115F of the Health Services Act 1988 insert-- "115FA Eligibility for re-appointment (1) A director of a board of a multi purpose service is only eligible for re-appointment if the combined term of the initial appointment, any re-appointment and any proposed re-appointment does not exceed 9 consecutive years. (2) Despite subsection (1), a director may be re-appointed if the Minister if satisfied that exceptional circumstances exist which justify the re-appointment. 44

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (3) This section applies in relation to re-appointments made on or after the third anniversary of the commencement of this section.". 48 Removal and resignation In section 115G(1) and (2) of the Health Services Act 1988, for "member" substitute "director". 49 New section 115GA inserted After section 115G of the Health Services Act 1988 insert-- "115GA Chairperson of board (1) The board of a multi purpose service may-- (a) elect one of its directors to be the chairperson of the board; and (b) remove from office the chairperson elected under this subsection. (2) As soon as practicable after the board of a multi purpose service elects a director to be chairperson or removes the chairperson from office, the board must give written notice to the Secretary of the election or removal. (3) The Minister may-- (a) appoint a director of the board of a multi purpose service to be the chairperson of the board; and (b) remove from office the chairperson of the board of a multi purpose service, irrespective of whether the chairperson is appointed by the Minister or elected by the board. (4) As soon as practicable after the Minister appoints a director to be chairperson or removes the chairperson from office 45

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (irrespective of whether the chairperson is appointed by the Minister or elected by the board), the Minister must give written notice to the board of the appointment or removal.". 50 Membership of board not office of profit (1) Insert the following heading to section 115J of the Health Services Act 1988-- "Directorship of board not office of profit". (2) In section 115J of the Health Services Act 1988-- (a) for "member of a board" substitute "director of a board"; (b) in paragraphs (a), (c) and (d), for "the member" substitute "the director"; (c) in paragraph (b), for "member's" substitute "director's". 51 Immunity In section 115JA(1) and (2) of the Health Services Act 1988, for "member" substitute "director". 52 New sections 115JB and 115JC inserted After section 115JA of the Health Services Act 1988 insert-- "115JB Chief executive officer (1) Subject to the Secretary's approval, the board of a multi purpose service must appoint or re-appoint a chief executive officer of the multi purpose service and determine the remuneration of the chief executive officer and the terms and conditions of the chief executive officer's employment. 46

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (2) A vacancy in the office of the chief executive officer of a multi purpose service must be filled as soon as possible. (3) The chief executive officer of a multi purpose service is subject to the direction of the board in controlling and managing the multi purpose service. 115JC Functions of the chief executive officer (1) The functions of the chief executive officer are-- (a) to manage the multi purpose service in accordance with-- (i) the financial and business plans, strategies and budgets developed by the board; and (ii) the instructions of the board; and (b) to prepare material for consideration by the board including any service agreements entered into under section 115O or any health service agreements entered into, strategic plans, business plans, strategies and budgets; and (c) to ensure that the board and any committees established or appointed by the board are assisted and provided with relevant information to enable them to perform their functions effectively and efficiently; and (d) to implement effective and accountable systems to monitor and improve the quality, safety and effectiveness of health services provided by the multi purpose service; and 47

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (e) to ensure that the multi purpose service continuously strives to improve the quality and safety of the health services it provides and to foster innovation; and (f) to ensure that the board's decisions are implemented effectively and efficiently throughout the multi purpose service; and (g) to inform the board in a timely manner of any issues of public concern or risks that affect or may affect the multi purpose service; and (h) to inform the board, the Secretary and the Minister without delay of any significant issues of public concern or significant risks affecting the multi purpose service. (2) In performing the chief executive officer's functions, the chief executive officer must have regard to-- (a) the needs and views of patients and other users of the health services that the multi purpose service provides and the community that the multi purpose service serves; and (b) the need to ensure that the multi purpose service uses its resources in an effective and efficient manner; and (c) the need to ensure that resources of the Victorian public health sector generally are used effectively and efficiently.". 48

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 53 Validity of acts or decisions In section 115L of the Health Services Act 1988-- (a) in paragraph (a), for "member" substitute "director"; (b) in paragraph (b), for "membership" substitute "directorship". 54 Section 115M substituted and new sections 115MA, 115MB, 115MC and 115MD inserted For section 115M of the Health Services Act 1988 substitute-- "115M Multi purpose service must comply with directions of Secretary (1) For the purpose of carrying out functions and powers under this Act or for carrying out the objectives of this Act, the Secretary may give written directions to a multi purpose service in relation to all or any of the following matters-- (a) the purposes of the multi purpose service, including those to which it must give priority; (b) the manner in which, and extent to which, the multi purpose service must provide training for persons engaged or intending to engage in health care; (c) the number and type of persons which the multi purpose service must employ or from whom it must obtain services and their conditions of employment or service; (d) the number and types of patients the multi purpose service must treat; 49

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (e) the facilities, services, equipment or supplies which the multi purpose service must or must not use; (f) the extent to which, and the conditions on which, the multi purpose service must make use of facilities, services, equipment or supplies provided by another multi purpose service; (g) the extent to which, and the conditions on which, the multi purpose service must allow another multi purpose service to make use of its facilities, services, equipment or supplies; (h) the extent to which, and the conditions on which, a multi purpose service is required to obtain or purchase facilities, services, equipment or supplies provided by another multi purpose service or another person or body; (i) a requirement that a multi purpose service appoint HPV as its agent for the purposes of obtaining or purchasing goods and services and the conditions on which the appointment is to be made; (j) a requirement that a multi purpose service provide the Secretary specified information by a specified date and in the specified manner to ensure that the objectives of the Act are being met; (k) the manner in which, and extent to which, the admission of patients, patient care and treatment must be coordinated between multi purpose services, hospitals, supported residential services, registered 50

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 funded agencies and health service establishments; (l) the accounts and records which must be kept by the multi purpose service and the returns and other information which must be supplied to the Secretary; (m) the inspection of its facilities and its accounts and records by the Secretary; (n) the carrying out of audits for case mix funding purposes; (o) action to be taken to ensure that the health services provided are safe, patient-centred and appropriate; (p) action to be taken or avoided to enable the State to comply with the terms of any agreement made between it and the Commonwealth or any other State or a Territory. (2) A direction may be given generally in relation to multi purpose services or to a specified multi purpose service or class of multi purpose services. (3) The Secretary must ensure that a direction under subsection (1)(h) or (i) to a multi purpose service is not inconsistent with a HPV direction or a purchasing policy that applies to the multi purpose service. (4) The Secretary must give a copy of a direction under this section to each multi purpose service to which it applies. (5) The board of a multi purpose service must comply with a direction under this section that applies to that multi purpose service. 51

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (6) A direction applying to a multi purpose service under this section has effect despite anything to the contrary in any health service agreement or interim funding statement having effect in relation to that multi purpose service. 115MA Guidelines of Minister The Minister may publish in the Government Gazette guidelines relating to the role and procedure of boards of multi purpose services and how they may carry out their functions. 115MB Appointment of delegate to board (1) The Minister may appoint not more than 2 delegates to the board of a multi purpose service if the Minister considers that such an appointment will assist the board to improve the performance of the multi purpose service or, in the case of a new multi purpose service, will assist the orderly establishment of the multi purpose service or the performance of the multi purpose service. (2) A delegate is not a director of the board of a multi purpose service. (3) In determining if an appointment of a delegate under subsection (1) will assist the board to improve the performance of the multi purpose service or, in the case of a new multi purpose service, will assist the orderly establishment of the multi purpose service or the performance of the multi purpose service, the Minister must have regard to-- (a) the financial performance of the multi purpose service or the future financial performance of the new multi purpose service; and 52

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (b) the quality and safety of the health services provided by the multi purpose service or to be provided by the new multi purpose service; and (c) whether the multi purpose service is complying, or the new multi purpose service will comply, with the health service agreement to which it is a party; and (d) whether the board has requested such an appointment. (4) The Minister may appoint a delegate irrespective of whether the board has requested such an appointment. (5) The instrument of appointment of a delegate-- (a) must be published in the Government Gazette; and (b) must specify the terms and conditions of appointment; and (c) may specify any remuneration to which the delegate is entitled. (6) A delegate-- (a) subject to subsections (7) and (8), holds office for the period specified in the instrument of appointment, being a period of not more than 12 months from the date of appointment; and (b) is eligible for re-appointment; and (c) is entitled to be reimbursed reasonable expenses incurred in holding office as delegate; and 53

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (d) is in respect of the office of delegate subject to the Public Administration Act 2004 (other than Part 3 of that Act). (7) A delegate may resign by writing signed by that person and delivered to the Minister. (8) The Minister may revoke the appointment of a delegate. 115MC Functions of delegate The functions of a delegate to the board of a multi purpose service are-- (a) to attend meetings of the board and observe its decision-making processes; and (b) to provide advice or information to the board to assist it in understanding its obligations under this Act; and (c) to advise the Minister and the Secretary on any matter relating to the multi purpose service or the board. 115MD Obligations of board to delegate The board of a multi purpose service must-- (a) permit a delegate appointed to the board to attend any meeting of the board or any meeting of its committees established or appointed; and (b) provide a delegate appointed to the board with information or a copy of any notice or other document provided to the directors of the board or to the members of any of the board's committees at the same time as the information, notice or other document 54

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 is provided to the directors or members.". 55 New section 115NA inserted After section 115N of the Health Services Act 1988 insert-- "115NA Strategic plans (1) The Secretary may direct the board of a multi purpose service-- (a) to prepare a strategic plan for the operation of the multi purpose service; and (a) to submit the strategic plan to the Secretary for approval. (2) The board of a multi purpose service must comply with a direction of the Secretary under this section. (3) The Secretary may-- (a) approve a strategic plan; or (b) refuse to approve a strategic plan. (4) The board of a multi purpose service must advise the Secretary if it wishes to exercise its functions in a manner inconsistent with its approved strategic plan.". 56 Powers of Minister After section 115Q(b) of the Health Services Act 1988 insert-- "(ba) has failed to provide safe, patient-centred and appropriate health services; or (bb) has failed to foster continuous improvement in the quality and safety of the care and health services it provides; or". 55

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 57 New section 115SA inserted After section 115S of the Health Services Act 1988 insert-- "115SA Proposal for amalgamation (1) This section applies if the Secretary considers that-- (a) the provision of health services by 2 or more bodies, each being a registered funded agency or a multi purpose service, may be more effective if the bodies were amalgamated; or (b) governance of the quality and safety of health services provided by 2 bodies, each being a registered funded agency or a multi purpose service, may be more effective if the bodies were amalgamated. (2) The Secretary must cause to be prepared a report outlining proposals and options for the more effective provision of health services or the more effective governance of the quality or safety of health services, as the case may be, including the proposal for amalgamation. (3) The Secretary must cause copies of each report under subsection (2)-- (a) to be given to each body concerned; and (b) to be made available on request to members of the public. (4) Any person may make submissions to the Secretary on the report before the expiration of the period specified in the report (not being less than 60 days after a copy is given to each body concerned). 56

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (5) If, after considering any submissions made to the Secretary on the report during the period referred to in subsection (4), the Secretary considers the proposal for amalgamation should be implemented in whole or in part, the Secretary must advise the Minister accordingly. (6) The Secretary must not advise the Minister to implement the proposal for amalgamation in whole or in part unless the Secretary is satisfied that the amalgamation is likely to result in the more effective provision of health services, or the more effective governance of the quality or safety of health services, having regard to-- (a) the possible benefits to Victoria in the form of improved health services throughout Victoria or in any part of Victoria; and (b) the possible economic consequences of amalgamation.". 58 Amalgamations (1) Insert the following heading to section 115T of the Health Services Act 1988-- "Voluntary amalgamations". (2) In section 115T(3)(a) of the Health Services Act 1988, after "Victoria" insert "or the more effective governance of the quality or safety of health services provided". 59 Governor in council may order amalgamation In section 115U(1) of the Health Services Act 1988, after "section" insert "115SA or". 57

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 60 Part 6A heading substituted For the heading to Part 6A of the Health Services Act 1988 substitute-- "Part 6A--Better Care Victoria Board". 61 Establishment of Health Innovation and Reform Council For section 134P of the Health Services Act 1988 substitute-- "134P Establishment of the Better Care Victoria Board The Better Care Victoria Board is established.". 62 Functions of the Council For section 134Q of the Health Services Act 1988 substitute-- "134Q Functions of the Better Care Victoria Board The functions of the Board are to provide advice to, and report to, the Minister and the Secretary on-- (a) the effective and efficient delivery of quality health services; and (b) strategies to support innovation and improvement in the health sector.". 63 Members of the Council (1) In the heading to section 134R of the Health Services Act 1988, for "Council" substitute "Board". 58

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (2) For section 134R(1) of the Health Services Act 1988 substitute-- "(1) The Board consists of not fewer than 6, and not more than 12, members appointed by the Minister by Order published in the Government Gazette.". (3) In section 134R(2), (4) and (5) of the Health Services Act 1988, for "Council" substitute "Board". (4) Section 134R(3) of the Health Services Act 1988 is repealed. (5) After section 134R(4) of the Health Services Act 1988 insert-- "(4A) The Minister must appoint a member to be the Deputy Chairperson of the Board.". 64 Procedure at meetings (1) For section 134S(1) of the Health Services Act 1988 substitute-- "(1) The Chairperson must preside at a meeting of the Board.". (2) After section 134S(1) of the Health Services Act 1988 insert-- "(1A) If the Chairperson is not present at a meeting, the Deputy Chairperson is to preside at the meeting. (1B) The members present must elect one of their number to preside at the meeting if-- (a) the Chairperson is not present at a meeting; and (b) the Deputy Chairperson is not present at the meeting or there is no Deputy Chairperson.". 59

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 (3) In section 134S(2) and (3) of the Health Services Act 1988, for "Council" (wherever occurring) substitute "Board". 65 Removal and resignation In section 134T(1) and (2) of the Health Services Act 1988, for "Council" substitute "Board". 66 Committee of the Council (1) In the heading to section 134U of the Health Services Act 1988, for "Council" substitute "Board". (2) In section 134U(1) and (2) of the Health Services Act 1988, for "Council" (wherever occurring) substitute "Board". 67 Regulations In regulation 158(1) of the Health Services Act 1988-- (a) in paragraph (d) omit "safety,"; (b) after paragraph (d) insert-- "(da) requirements to be complied with by health service establishments in relation to the quality and safety of the health services they provide;". 68 New section 178C inserted After section 178B of the Health Services Act 1988 insert-- "178C Transitional provisions--Health Legislation Amendment (Quality and Safety) Act 2017 (1) Despite the change of the name of the Health Innovation and Reform Council to the Better Care Victoria Board, the Better Care Victoria Board is the same body as the Health Innovation and Reform Council 60

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 2--Amendment of the Health Services Act 1988 in existence immediately before the commencement of section 61 of the Health Legislation Amendment (Quality and Safety) Act 2017. (2) On and from the commencement of section 61 of the Health Legislation Amendment (Quality and Safety) Act 2017, a reference in any Act (other than the Health Legislation Amendment (Quality and Safety) Act 2017), subordinate instrument or other document, unless the context otherwise requires, to the Health Innovation and Reform Council is to be construed as a reference to the Better Care Victoria Board. (3) On and from the commencement of section 61 of the Health Legislation Amendment (Quality and Safety) Act 2017, the members and the chairperson of the Health Innovation and Reform Council in office immediately before that commencement continue in office as a member or as chairperson of the Better Care Victoria Board, as the case may be, on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms. (4) On and from the commencement of section 61 of the Health Legislation Amendment (Quality and Safety) Act 2017, a committee of the Health Innovation and Reform Council appointed immediately before that commencement continues in existence and is taken to be a committee appointed by the Better Care Victoria Board.". 61

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 3--Amendment of the Ambulance Services Act 1986 Part 3--Amendment of the Ambulance Services Act 1986 69 Definitions In section 3(1) of the Ambulance Services Act 1986, in the definition of Metropolitan Ambulance Service, for "General Post Office at Melbourne" substitute "north-east corner of Bourke and Elizabeth Street, Melbourne". 70 Functions of the Secretary For section 9(e) of the Ambulance Services Act 1986 substitute-- "(e) to ensure that ambulance services-- (i) provide safe, patient-centred and appropriate services; and (ii) foster continuous improvement in the quality and safety of the care and services they provide; and". 71 General powers of the Secretary After section 10(4)(g) of the Ambulance Services Act 1986 insert-- "(ga) the provision by the ambulance service of specified information to the Secretary, within a specified period and by a specified manner; and (gb) the action to be taken by the ambulance service to ensure that it provides safe, patient-centred and appropriate services; and". 62

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 3--Amendment of the Ambulance Services Act 1986 72 Objectives of ambulance services (1) After section 15(b) of the Ambulance Services Act 1986 insert-- "(ba) to provide safe, patient-centred and appropriate services;". (2) After section 15(d) of the Ambulance Services Act 1986 insert-- "(da) to foster continuous improvement in the quality and safety of the care and services it provides;". 73 Board of ambulance service (1) For section 17(3) of the Ambulance Services Act 1986 substitute-- "(3) In making a recommendation under subsection (1A), the Minister must-- (a) ensure that the board includes at least one person who is able to reflect the perspectives of users of ambulance services; and (b) ensure that women and men are adequately represented; and (c) have regard to any prescribed matters; and (d) for the period of 3 years from the commencement of section 73(1) of the Health Legislation Amendment (Quality and Safety) Act 2017, consider the desirability of limiting the term of a reappointment of a director so that the combined term of the director's initial appointment, any reappointment and any proposed reappointment does not exceed 9 consecutive years.". 63

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 3--Amendment of the Ambulance Services Act 1986 (2) In section 17(7) of the Ambulance Services Act 1986, after "reappointed" insert ", subject to section 17A". 74 New section 17A inserted After section 17 of the Ambulance Services Act 1986 insert-- "17A Eligibility for reappointment (1) A director of a board of an ambulance service is only eligible for reappointment if the combined term of the initial appointment, any reappointment and any proposed reappointment does not exceed 9 consecutive years. (2) Despite subsection (1), a director may be reappointed if the Minister is satisfied that exceptional circumstances exist which justify the reappointment. (3) This section applies in relation to a reappointment made on or after the third anniversary of the commencement of this section.". 75 Functions of board of ambulance service (1) For section 18(1)(e)(v) of the Ambulance Services Act 1986 substitute-- "(v) effective and accountable systems are in place to monitor and improve the quality, safety and effectiveness of services provided by the ambulance service; and". (2) In section 18(1)(e)(vi) of the Ambulance Services Act 1986, for "quality" substitute "quality, safety". (3) In section 18(1)(e)(vii) of the Ambulance Services Act 1986, after "quality" insert "and safety". 64

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 3--Amendment of the Ambulance Services Act 1986 (4) For section 18(1)(g) of the Ambulance Services Act 1986 substitute-- "(g) during each financial year, to monitor the performance of the chief executive officer of the ambulance service (including at least one formal assessment in relation to that financial year), having regard to the objectives, priorities and key performance outcomes specified in the ambulance service's statement of priorities under section 22F; and". 76 New section 19A inserted After section 19 of the Ambulance Services Act 1986 insert-- "19A Guidelines of Minister The Minister may publish in the Government Gazette guidelines relating to the role and procedure of boards of ambulance services and how they may carry out their functions.". 77 Chief executive officer For section 21(3)(d) and (e) of the Ambulance Services Act 1986 substitute-- "(d) to implement effective and accountable systems to monitor and improve the quality, safety and effectiveness of services provided by the ambulance service; and (e) to ensure that the ambulance service continuously strives to improve the quality and safety of the services it provides and to foster innovation; and". 78 Appointment of an administrator (1) In section 35(1)(d) of the Ambulance Services Act 1986, for "section 34B." substitute "section 34B; or". 65

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 3--Amendment of the Ambulance Services Act 1986 (2) After section 35(1)(d) of the Ambulance Services Act 1986 insert-- "(e) has failed to ensure that the ambulance service-- (i) provides safe, patient-centred and appropriate services; or (ii) fosters continuous improvement in the quality and safety of the care and services it provides.". 79 Secretary may commission audits For section 37(1)(b) of the Ambulance Services Act 1986 substitute-- "(b) is providing safe, patient-centred and appropriate services; or (ba) is fostering continuous improvement in the quality and safety of the care and services it provides; or". 66

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 4--Amendment of the Mental Health Act 2014 Part 4--Amendment of the Mental Health Act 2014 80 Objectives (1) In section 10(h) of the Mental Health Act 2014, for "illness." substitute "illness;". (2) After section 10(h) of the Mental Health Act 2014 insert-- "(i) to promote continuous improvement in the quality and safety of the mental health services provided by mental health service providers.". 81 Functions of the Secretary (1) In section 118(1)(b) of the Mental Health Act 2014, after "that are" insert "person-centred,". (2) For section 118(1)(d) of the Mental Health Act 2014 substitute-- "(d) to collect, compile and analyse data about the provision of mental health services for the purposes of-- (i) funding, managing, planning, monitoring, evaluating and improving mental health services provided by mental health service providers; and (ii) research into mental illness, mental health and related fields;". 67

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 4--Amendment of the Mental Health Act 2014 (3) In section 118(1)(e) of the Mental Health Act 2014, after "providers" insert "and the quality and safety of the mental health services they provide". 82 Functions of the Institute For section 330(h) of the Mental Health Act 2014 substitute-- "(h) to promote continuous improvement in the quality and safety of forensic mental health and related services provided in Victoria; (ha) to promote innovations in the provision of forensic mental health and related services in Victoria;". 83 Powers of the Institute (1) In section 331(3)(b) of the Mental Health Act 2014, for "manner." substitute "manner; and". (2) After section 331(3)(b) of the Mental Health Act 2014 insert-- "(c) the need to ensure that it continuously strives-- (i) to improve the quality and safety of the services it provides; and (ii) to promote innovation.". 84 Board of directors In section 332(2)(b) of the Mental Health Act 2014, for "Institute and" substitute "Institute to perform its functions and exercise its powers and for". 68

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 4--Amendment of the Mental Health Act 2014 85 New section 332A inserted After section 332 of the Mental Health Act 2014 insert-- "332A Functions of the board The functions of the board of the Institute are-- (a) to develop statements of priorities and strategic plans for the operation of the Institute and to monitor compliance with those statements and plans; and (b) to develop financial and business plans, strategies and budgets to ensure the accountable and efficient performance of the functions of the Institute and the long term financial viability of the Institute; and (c) to monitor the performance of the Institute to ensure that-- (i) the Institute operates within its budget; and (ii) its audit and accounting systems accurately reflect the financial position and viability of the Institute; and (iii) the Institute adheres to-- (A) its financial and business plans; and (B) its strategic plans; and (C) its statements of priorities; and 69

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 4--Amendment of the Mental Health Act 2014 (iv) effective and accountable risk management systems are in place; and (v) effective and accountable systems are in place to monitor and improve the quality, safety and effectiveness of mental health services provided by the Institute; and (vi) any problems identified with the quality, safety or effectiveness of the mental health services provided are addressed in a timely manner; and (vii) the Institute continuously strives to improve the quality and safety of the mental health services it provides and to promote innovation; and (viii) committees established or appointed by the Institute operate effectively; and (d) during each financial year, to monitor the performance of the chief executive officer of the Institute (including at least one formal assessment in relation to that financial year), having regard to the objectives, priorities and key performance outcomes specified in the Institute's statement of priorities under section 344; and (e) to develop arrangements with other relevant agencies and service providers to enable effective and efficient service delivery and continuity of care; and 70

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 4--Amendment of the Mental Health Act 2014 (f) to establish a finance committee, an audit committee and a quality and safety committee; and (g) to provide appropriate training for directors.". 86 Appointment of directors After section 334(2) of the Mental Health Act 2014 insert-- "(3) In making a recommendation to the Governor in Council, the Minister must have regard to any prescribed matters.". 87 New sections 339A, 339B, 339C and 339D inserted After section 339 of the Mental Health Act 2014 insert-- "339A Guidelines of Minister The Minister may publish in the Government Gazette guidelines relating to the role and procedure of the board and how it may carry out its functions. 339B Appointment of delegate to board (1) The Minister may appoint not more than 2 delegates to the board if the Minister considers that such an appointment will assist the board to improve the performance of the Institute. (2) A delegate is not a director of the board. (3) In determining if an appointment of a delegate under subsection (1) will assist the board to improve the performance of the Institute, the Minister must have regard to-- (a) the financial performance of the Institute; and 71

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 4--Amendment of the Mental Health Act 2014 (b) the quality and safety of the mental health services provided by the Institute; and (c) whether the board has requested such an appointment. (4) The Minister may appoint a delegate irrespective of whether the board has requested such an appointment. (5) The instrument of appointment of a delegate-- (a) must be published in the Government Gazette; and (b) must specify the terms and conditions of appointment; and (c) may specify any remuneration to which the delegate is entitled. (6) A delegate-- (a) subject to subsections (7) and (8), holds office for the period specified in the instrument of appointment, being a period of not more than 12 months from the date of appointment; and (b) is eligible for re-appointment; and (c) is entitled to be reimbursed reasonable expenses incurred in holding office as delegate; and (d) is in respect of the office of delegate subject to the Public Administration Act 2004 (other than Part 3 of that Act). (7) A delegate may resign by writing signed by that person and delivered to the Minister. 72

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 4--Amendment of the Mental Health Act 2014 (8) The Minister may revoke the appointment of a delegate. 339C Functions of delegate The functions of a delegate to the board are-- (a) to attend meetings of the board and observe its decision-making processes; and (b) to provide advice or information to the board to assist it in understanding its obligations under this Act; and (c) to advise the Minister and the Secretary on any matter relating to the Institute or the board. 339D Obligations of board to delegate The board must-- (a) permit a delegate appointed to the board to attend any meeting of the board or any meeting of its committees; and (b) provide a delegate appointed to the board with information or a copy of any notice or other document provided to the directors of the board or to the members of any of the board's committees at the same time as the information, notice or other document is provided to the directors or members.". 88 Chief executive officer (1) In section 340(1) of the Mental Health Act 2014-- (a) for "The" substitute "Subject to the Secretary's approval, the"; 73

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 4--Amendment of the Mental Health Act 2014 (b) in paragraph (b) omit ", subject to the Secretary's approval,". (2) After section 340(3)(c) of the Mental Health Act 2014 insert-- "(ca) to implement effective and accountable systems to monitor and improve the services provided by the Institute to ensure continuous improvement in the quality and safety of the services it provides; and (cb) to ensure that any problem in relation to the quality, safety or effectiveness of services provided by the Institute are addressed in a timely manner; and (cc) to ensure that the Institute continuously strives-- (i) to improve the quality and safety of the services it provides; and (ii) to promote innovation; and (cd) to manage the Institute in accordance with-- (i) the financial and business plans, strategies and budgets developed by the board; and (ii) the instructions of the board; and (ce) to ensure that the board and the committees established or appointed by the board are assisted and provided with relevant information to enable them to perform their functions effectively and efficiently; and (cf) to ensure that the board's decisions are implemented effectively and efficiently throughout the Institute; and (cg) to inform the board in a timely manner of any issues of public concern or risks that affect or may affect the Institute; and 74

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 4--Amendment of the Mental Health Act 2014 (ch) to inform the board, the Secretary and the Minister without delay of any significant issues of public concern or significant risks affecting the Institute.". 89 Statute law revision amendment--Mental Health Amendment Act 2015 In section 31(1) of the Mental Health Amendment Act 2015, for "to" substitute "person to". 75

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 5--Amendment of the Public Health and Wellbeing Act 2008 Part 5--Amendment of the Public Health and Wellbeing Act 2008 90 Disclosure of information held by a prescribed Consultative Council After section 41(1)(f) of the Public Health and Wellbeing Act 2008 insert-- "(fa) the Chief Health Officer; (fb) the chief psychiatrist appointed under section 119 of the Mental Health Act 2014;". 91 Confidentiality obligations applying in respect of a prescribed Consultative Council In section 42(2) of the Public Health and Wellbeing Act 2008, for "section 37 or 41" substitute "section 37, 41, 46A or 48A". 92 Constitution of CCOPMM In section 45(1) of the Public Health and Wellbeing Act 2008, for "not more than 12" substitute "the". 93 New section 46A inserted After section 46 of the Public Health and Wellbeing Act 2008 insert-- "46A CCOPMM guidelines, compliance and reporting (1) The CCOPMM may prepare and issue guidelines relevant to its functions. (2) If the CCOPMM issues guidelines, the CCOPMM must publish notice of their issue-- (a) in the Government Gazette; and (b) on the CCOPMM's Internet site. 76

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 5--Amendment of the Public Health and Wellbeing Act 2008 (3) A notice under subsection (2) must state-- (a) where a copy of the CCOPMM guidelines may be obtained; and (b) the date on which the CCOPMM guidelines take effect. (4) The CCOPMM may-- (a) monitor compliance with its guidelines by health services; and (b) report to the Secretary any instances of non-compliance identified; and (c) collect information from health services in relation to the preparation of its guidelines and the monitoring of compliance with those guidelines. (5) A report under subsection (4) must include the following-- (a) the type of non-compliance, including a failure to provide information to the CCOPMM in relation to the preparation of guidelines and the monitoring of compliance with those guidelines; (b) the health service which failed to comply with the guidelines; (c) how the non-compliance may have been prevented; (d) the status of any investigation by CCOPMM of the non-compliance; (e) any remedial action taken by the relevant health service.". 77

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 5--Amendment of the Public Health and Wellbeing Act 2008 94 New sections 48A and 48B inserted After section 48 of the Public Health and Wellbeing Act 2008 insert-- "48A Preventable harm to be reported to Secretary (1) If the CCOPMM determines that a maternal death, stillbirth or death of a child was likely to have been preventable, the Chairperson of the CCOPMM must provide a report to the Secretary of that death or stillbirth. (2) If the CCOPMM determines that an instance of severe obstetric or paediatric morbidity was likely to have been preventable, the Chairperson of the CCOPMM must provide a report to the Secretary of that morbidity. (3) A report under subsection (1) or (2) must include the following-- (a) the type of incident causing the mortality or morbidity; (b) the health service connected with the mortality or morbidity, if any; (c) how the mortality or morbidity was likely to have been preventable; (d) the status of any investigation by CCOPMM of the incident; (e) any remedial action taken by the relevant health service. 78

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 5--Amendment of the Public Health and Wellbeing Act 2008 48B Confidentiality of reports under section 48A (1) This section applies to a person who is or has been the recipient of a report referred to in section 48A. (2) A person must not disclose to any other person a report referred to in section 48A unless the Secretary considers that the disclosure is in the public interest. (3) Subsection (2) has effect despite anything to the contrary in section 12 of the Audit Act 1994. (4) The Freedom of Information Act 1982 does not apply to a report referred to in section 48A. (5) Part 5 and HPP 6 of the Health Records Act 2001 do not apply to a report referred to in section 48A. (6) Nothing in this section prevents a person from including information in any document that does not contain any particulars which would be likely to lead to the identification of a person from whom the information was obtained or to whom the information relates. (7) A person must not, and cannot, be required to produce before any court or tribunal or any board, agency or other person a report referred to in section 48A unless the Secretary considers that the production is in the public interest.". 79

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 5--Amendment of the Public Health and Wellbeing Act 2008 95 Immunisation status certificate (1) In section 147(1)(a) of the Public Health and Wellbeing Act 2008, for "Australian Childhood Immunisation Register kept under section 46B of the Health Insurance Act 1973" substitute "Australian Immunisation Register kept under section 8 of the Australian Immunisation Register Act 2015". (2) In section 147(1)(b)(ii) of the Public Health and Wellbeing Act 2008, for "recognised immunisation provider within the meaning of section 46A of the Health Insurance Act 1973" substitute "recognised vaccination provider as defined in section 4 of the Australian Immunisation Register Act 2015". 96 Issuing of immunisation status certificate In section 148(2)(a) of the Public Health and Wellbeing Act 2008, for "recognised immunisation provider within the meaning of section 46A of the Health Insurance Act 1973" substitute "recognised vaccination provider as defined in section 4 of the Australian Immunisation Register Act 2015". 80

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 6--Amendment of the Health Complaints Act 2016 Part 6--Amendment of the Health Complaints Act 2016 97 Power to delegate For section 120 of the Health Complaints Act 2016 substitute-- "120 Power to delegate (1) The Commissioner must not delegate-- (a) any function or power of the Commissioner under any of the following provisions-- (i) Part 7; (ii) Part 8; (iii) section 103; (iv) section 124; (v) section 128; (vi) Division 4 of Part 11; or (b) this power of delegation. (2) The Commissioner, by instrument, may delegate to an Assistant Commissioner-- (a) any function or power of the Commissioner under-- (i) section 24; or (ii) section 29; or (iii) section 30; or (iv) section 31; or (v) section 35; or (vi) section 39; or (vi) section 41; or (vii) section 62; or 81

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 6--Amendment of the Health Complaints Act 2016 (viii) section 65: or (ix) section 69; or (b) any function or power that the Commissioner may delegate under subsection (3). (3) The Commissioner, by instrument, may delegate to a person referred to in section 121 (other than an Assistant Commissioner) or to a class of that person any function or power of the Commissioner under this Act except a function or power referred to in subsection (1) or (2)(a).". 82

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Part 7--Repeal of amending Act Part 7--Repeal of amending Act 98 Repeal of amending Act This Act is repealed on 1 July 2019. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ 83

Health Legislation Amendment (Quality and Safety) Act 2017 No. of 2017 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. � Minister's second reading speech-- Legislative Assembly: Legislative Council: The long title for the Bill for this Act was "A Bill for an Act to amend the Health Services Act 1988, the Ambulance Services Act 1986, the Mental Health Act 2014, the Public Health and Wellbeing Act 2008 and the Mental Health Amendment Act 2015 and for other purposes." By Authority. Government Printer for the State of Victoria. 84

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