Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Health and Disability Services (Complaints)
Amendment Bill 2021
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Section 4 amended 4
6. Section 10 amended 4
7. Section 17A inserted 5
17A. Identity cards 5
8. Part 3 heading amended 5
9. Section 19 amended 5
10. Section 23 amended 6
11. Section 25 amended 6
12. Section 29 amended 7
13. Section 31 amended 7
14. Section 32A amended 8
15. Section 33 amended 8
16. Section 34 amended 8
17. Section 36A amended 10
18. Part 3A heading inserted 10
Part 3A -- Settlement and conciliation of certain
complaints
19. Part 3 Division 3A heading replaced 10
Division 1 -- Negotiated settlement
20. Section 36B amended 10
21. Part 3 Division 3 heading replaced 11
Division 2 -- Conciliation
22. Section 40 amended 11
60--1 page i
Health and Disability Services (Complaints) Amendment Bill 2021
Contents
23. Part 3 Division 4 heading deleted 11
24. Part 3B heading inserted 11
Part 3B -- Investigations generally
25. Section 44A inserted 12
44A. Director may conduct Director-initiated
investigation 12
26. Section 48 amended 12
27. Part 3C heading inserted 12
Part 3C -- Remedial action
28. Parts 3D and 3E inserted 13
Part 3D -- Interim prohibition orders, prohibition
orders and interstate orders
Division 1 -- Interim prohibition orders
52B. Director may make interim prohibition
order 13
52C. Notice of interim prohibition order 14
52D. When interim prohibition order takes effect 14
52E. Variation of interim prohibition order 14
52F. Revocation of interim prohibition order 15
52G. Offence for failure to comply with interim
prohibition order 16
Division 2 -- Prohibition orders
52H. Director may make prohibition order 16
52I. Show cause process for prohibition orders 17
52J. Notice of prohibition order 18
52K. When prohibition order takes effect 18
52L. Variation of prohibition order 18
52M. Revocation of prohibition order 19
52N. Offence for failure to comply with
prohibition order 20
Division 3 -- Publication of information about orders
52O. Publication of information about interim
prohibition orders and prohibition orders 20
Division 4 -- Review by State Administrative
Tribunal
52P. Review of decisions to make interim
prohibition orders and prohibition orders 20
Division 5 -- Interstate orders
52Q. Offence for failure to comply with
interstate order 21
page ii
Health and Disability Services (Complaints) Amendment Bill 2021
Contents
Part 3E -- Public health warning statements relating
to health care workers
52R. Public health warning statements 22
52S. Revoking public health warning
statements 23
52T. Correcting public health warning
statements 24
29. Part 3 Division 5 heading deleted 24
30. Part 3F heading inserted 24
Part 3F -- Miscellaneous provisions relating to
complaints, investigations and reports to
Parliament
31. Section 52 amended 25
32. Section 59 amended 25
33. Section 60 amended 25
34. Section 61 amended 26
35. Section 62 amended 27
36. Section 64 amended 28
37. Section 65 amended 29
38. Section 67 amended 29
39. Sections 68A and 68B inserted 30
68A. Disclosure of information to other
Commonwealth, State or Territory entities 30
68B. Disclosure to protect health or safety of
users and other persons 31
40. Section 70 amended 31
41. Section 71A inserted 32
71A. Criminal record checks 32
42. Section 77A inserted 33
77A. Codes of conduct 33
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Health and Disability Services (Complaints)
Amendment Bill 2021
A Bill for
An Act to amend the Health and Disability Services (Complaints)
Act 1995.
The Parliament of Western Australia enacts as follows:
page 1
Health and Disability Services (Complaints) Amendment Bill 2021
s. 1
1 1. Short title
2 This is the Health and Disability Services (Complaints)
3 Amendment Act 2021.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation.
9 3. Act amended
10 This Act amends the Health and Disability Services
11 (Complaints) Act 1995.
12 4. Section 3 amended
13 (1) In section 3(1) insert in alphabetical order:
14
15 code of conduct means a code of conduct prescribed
16 under section 77A;
17 Director-initiated investigation has the meaning given
18 in section 44A;
19 health care worker means an individual who provides
20 a health service (whether or not the individual is a
21 registered provider);
22 interim prohibition order has the meaning given in
23 section 52B(2);
24 Office's website means a website maintained by or on
25 behalf of the Office;
26 prohibition order has the meaning given in
27 section 52H(2);
page 2
Health and Disability Services (Complaints) Amendment Bill 2021
s. 4
1 public health warning statement means a statement
2 published under section 52R(1) or (2);
3
4 (2) In section 3(1) in the definition of health service:
5 (a) in paragraph (a) delete "suspected disorder; and" and
6 insert:
7
8 injury, or suspected disorder or injury; and
9
10 (b) after paragraph (b) insert:
11
12 (ba) prescribing or dispensing a drug or medicinal
13 preparation; and
14 (bb) prescribing or dispensing an aid for therapeutic
15 use; and
16
17 (c) after paragraph (e) insert:
18
19 (ea) surgical or related service; and
20
21 (d) in paragraph (g) delete "(b)" and insert:
22
23 (b), (ba), (bb)
24
25 (e) after paragraph (g) insert:
26
27 (ga) service that --
28 (i) is ancillary to any other service to which
29 this definition applies; and
page 3
Health and Disability Services (Complaints) Amendment Bill 2021
s. 5
1 (ii) affects or may affect persons who are
2 receiving any other service to which this
3 definition applies;
4 and
5
6 (3) Delete section 3(2).
7 (4) In section 3(3)(a) delete "subparagraph" and insert:
8
9 paragraph
10
11 5. Section 4 amended
12 In section 4(2) delete "conduct" and insert:
13
14 conduct, or other conduct,
15
16 6. Section 10 amended
17 (1) In section 10(1)(a) delete "Part 3;" and insert:
18
19 this Act;
20
21 (2) After section 10(1)(a) insert:
22
23 (aa) to conduct investigations under this Act;
24
page 4
Health and Disability Services (Complaints) Amendment Bill 2021
s. 7
1 7. Section 17A inserted
2 After section 17 insert:
3
4 17A. Identity cards
5 (1) The Director may give an identity card to a member of
6 the staff of the Office.
7 (2) An identity card must --
8 (a) identify the person as a member of the staff of
9 the Office; and
10 (b) contain a recent photograph of the person.
11 (3) A person must, within 14 days after ceasing to be a
12 member of the staff of the Office, return the person's
13 identity card to the Director.
14 Penalty for this subsection: a fine of $2 500.
15 (4) Subsection (3) does not apply if the person has a
16 reasonable excuse.
17
18 8. Part 3 heading amended
19 In the heading to Part 3 after "Complaints" insert:
20
21 generally
22
23 9. Section 19 amended
24 (1) In section 19(1) delete "section 25" and insert:
25
26 section 25(1)(a), (b), (c), (d), (e), (f), (g) or (h)
27
page 5
Health and Disability Services (Complaints) Amendment Bill 2021
s. 10
1 (2) After section 19(2) insert:
2
3 (3) A complaint alleging 1 or more of the matters set out in
4 section 25(1)(i), (j) or (k) may be made to the Director
5 by any person.
6
7 10. Section 23 amended
8 In section 23(1)(a) delete "section 25; and" and insert:
9
10 section 25(1)(a), (b), (c), (d), (e), (f), (g) or (h); and
11
12 11. Section 25 amended
13 (1) In section 25(1)(h) delete "section." and insert:
14
15 section;
16
17 (2) After section 25(1)(h) insert:
18
19 (i) a health care worker has failed to comply with a
20 code of conduct that applies to the health care
21 worker;
22 (j) a health care worker has failed to comply with
23 an interim prohibition order;
24 (k) a health care worker has failed to comply with a
25 prohibition order.
26
page 6
Health and Disability Services (Complaints) Amendment Bill 2021
s. 12
1 12. Section 29 amended
2 (1) In section 29 delete "A person" and insert:
3
4 (1) A person
5
6 (2) At the end of section 29 insert:
7
8 (2) Despite subsection (1)(a), the Director may decide to
9 proceed to deal with the complaint under this Act if the
10 complaint alleges 1 or more of the matters set out in
11 section 25(1)(i), (j) or (k).
12 (3) If the Director decides under subsection (2) to proceed
13 to deal with the complaint, the Director is not required
14 to --
15 (a) give notice of the withdrawal under
16 subsection (1)(b); or
17 (b) provide to the person who complained any
18 further information under another provision of
19 this Act that would otherwise require the
20 provision of information to the person.
21
22 13. Section 31 amended
23 In section 31 delete "Part." and insert:
24
25 Act.
26
page 7
Health and Disability Services (Complaints) Amendment Bill 2021
s. 14
1 14. Section 32A amended
2 In section 32A after "user" insert:
3
4 or the person who complained to the Director
5
6 15. Section 33 amended
7 In section 33:
8 (a) after "complaint" insert:
9
10 to a person or body
11
12 (b) in paragraph (a) delete "user and provider" and insert:
13
14 user or the person who complained to the Director and
15 the provider
16
17 (c) in paragraph (b) after "user" insert:
18
19 or the person who complained to the Director
20
21 16. Section 34 amended
22 (1) In section 34(4):
23 (a) after "complaint" insert:
24
25 alleging 1 or more of the matters set out in
26 section 25(1)(a), (b), (c), (d), (e), (f), (g) or (h)
27
page 8
Health and Disability Services (Complaints) Amendment Bill 2021
s. 16
1 (b) in paragraph (a) delete "Division 3A; or" and insert:
2
3 Part 3A Division 1; or
4
5 (c) in paragraph (b) delete "Division 3" and insert:
6
7 Part 3A Division 2
8
9 (d) in paragraph (c)(i) delete "Division 3A or 3; and" and
10 insert:
11
12 Part 3A Division 1 or 2; and
13
14 (2) After section 34(4) insert:
15
16 (5) If the Director decides to accept a complaint alleging a
17 matter referred to in section 25(1)(i) in whole or in
18 part, the Director must then --
19 (a) attempt to settle it in accordance with Part 3A
20 Division 1; or
21 (b) refer it for conciliation under Part 3A
22 Division 2; or
23 (c) investigate it.
24 (5A) If the Director decides to accept a complaint alleging a
25 matter referred to in section 25(1)(j) or (k) in whole or
26 in part, the Director must then investigate it.
27
28 (3) In section 34(6)(b) delete "Division 3A or 3" and insert:
29
30 Part 3A Division 1 or 2
31
page 9
Health and Disability Services (Complaints) Amendment Bill 2021
s. 17
1 17. Section 36A amended
2 In section 36A(5) delete "Part." and insert:
3
4 Act.
5
6 18. Part 3A heading inserted
7 After section 36BA insert:
8
9 Part 3A -- Settlement and conciliation of
10 certain complaints
11
12 19. Part 3 Division 3A heading replaced
13 Delete the heading to Part 3 Division 3A and insert:
14
15 Division 1 -- Negotiated settlement
16
17 20. Section 36B amended
18 (1) At the beginning of section 36B insert:
19
20 (1A) This section does not apply to a complaint alleging a
21 matter referred to in section 25(1)(j) or (k).
22
23 (2) In section 36B(3):
24 (a) in paragraph (a) delete "Division 3" and insert:
25
26 Division 2
27
page 10
Health and Disability Services (Complaints) Amendment Bill 2021
s. 21
1 (b) in paragraph (b)(i) delete "Division 3; and" and insert:
2
3 Division 2; and
4
5 (3) In section 36B(5) delete "Division 3" and insert:
6
7 Division 2
8
9 21. Part 3 Division 3 heading replaced
10 Delete the heading to Part 3 Division 3 and insert:
11
12 Division 2 -- Conciliation
13
14 22. Section 40 amended
15 In section 40(3)(a) after "user" insert:
16
17 or the person who made the complaint
18
19 23. Part 3 Division 4 heading deleted
20 Delete the heading to Part 3 Division 4.
21 24. Part 3B heading inserted
22 After section 43 insert:
23
24 Part 3B -- Investigations generally
25
page 11
Health and Disability Services (Complaints) Amendment Bill 2021
s. 25
1 25. Section 44A inserted
2 After section 44 insert:
3
4 44A. Director may conduct Director-initiated
5 investigation
6 The Director may, on the Director's own initiative,
7 conduct an investigation (a Director-initiated
8 investigation) into whether or not --
9 (a) a health care worker has failed to comply with a
10 code of conduct that applies to the health care
11 worker; or
12 (b) an offence under section 52G, 52N or 52Q(2)
13 has been committed.
14
15 26. Section 48 amended
16 (1) In section 48(1) delete "conduct" and insert:
17
18 conduct, or other conduct,
19
20 (2) In section 48(2) delete "complaint or" and insert:
21
22 complaint, a Director-initiated investigation or an investigation
23
24 27. Part 3C heading inserted
25 After section 48 insert:
26
27 Part 3C -- Remedial action
28
page 12
Health and Disability Services (Complaints) Amendment Bill 2021
s. 28
1 28. Parts 3D and 3E inserted
2 After section 52A insert:
3
4 Part 3D -- Interim prohibition orders,
5 prohibition orders and interstate orders
6 Division 1 -- Interim prohibition orders
7 52B. Director may make interim prohibition order
8 (1) This section applies if the Director is, in an
9 investigation under this Act, investigating whether or
10 not a health care worker has failed to comply with a
11 code of conduct applying to the health care worker.
12 (2) The Director may make an order (an interim
13 prohibition order) in relation to the health care
14 worker --
15 (a) prohibiting the health care worker from
16 providing any health service, or a health service
17 specified in the order, for a period, of not more
18 than 12 weeks, specified in the order; or
19 (b) imposing any conditions the Director considers
20 appropriate on the provision of any health
21 service, or a health service specified in the
22 order, by the health care worker for a period, of
23 not more than 12 weeks, specified in the order.
24 (3) The Director must not make an interim prohibition
25 order in relation to a health care worker unless --
26 (a) either --
27 (i) the Director reasonably believes that the
28 health care worker has failed to comply
29 with a code of conduct applying to the
30 health care worker; or
page 13
Health and Disability Services (Complaints) Amendment Bill 2021
s. 28
1 (ii) the health care worker has been
2 convicted of a prescribed offence;
3 and
4 (b) the Director is satisfied that it is necessary to
5 make the interim prohibition order to avoid a
6 serious risk to --
7 (i) the life, health, safety or welfare of a
8 person; or
9 (ii) the health, safety or welfare of the
10 public.
11 (4) The Director may, on the expiration of the period
12 specified in the interim prohibition order under
13 subsection (2)(a) or (b), make another interim
14 prohibition order in relation to the health care worker.
15 52C. Notice of interim prohibition order
16 (1) As soon as possible after making an interim prohibition
17 order in relation to a person, the Director must give
18 written notice of the interim prohibition order to the
19 person.
20 (2) The notice must contain a statement that the person
21 may apply under section 52P for a review of the
22 decision to make the interim prohibition order.
23 52D. When interim prohibition order takes effect
24 An interim prohibition order takes effect on the day on
25 which notice of the interim prohibition order is given to
26 the person to whom it relates.
27 52E. Variation of interim prohibition order
28 (1) The Director must, by order, vary an interim
29 prohibition order if the Director is satisfied that the
page 14
Health and Disability Services (Complaints) Amendment Bill 2021
s. 28
1 restrictions contained in the interim prohibition order
2 should be reduced.
3 (2) The order must specify the following --
4 (a) the name of the person to whom it relates;
5 (b) when the variation of the interim prohibition
6 order takes effect under subsection (4);
7 (c) the nature of the variation.
8 (3) As soon as possible after making the order, the
9 Director must give written notice of the order to the
10 person to whom it relates.
11 (4) The order takes effect on the day on which notice of
12 the order is given to the person to whom it relates.
13 52F. Revocation of interim prohibition order
14 (1) The Director must, by order, revoke an interim
15 prohibition order if the Director is satisfied that the
16 interim prohibition order is no longer required to avoid
17 a serious risk to --
18 (a) the life, health, safety or welfare of a person; or
19 (b) the health, safety or welfare of the public.
20 (2) The order must --
21 (a) specify the name of the person to whom it
22 relates; and
23 (b) specify the day on which it was made; and
24 (c) specify when it takes effect under
25 subsection (4); and
26 (d) include a statement that the Director is satisfied
27 that the interim prohibition order is no longer
28 required to avoid a serious risk to --
29 (i) the life, health, safety or welfare of a
30 person; or
page 15
Health and Disability Services (Complaints) Amendment Bill 2021
s. 28
1 (ii) the health, safety or welfare of the
2 public;
3 and
4 (e) include a statement of the reason why the
5 interim prohibition order is revoked.
6 (3) As soon as possible after making the order, the
7 Director must give written notice of the order to the
8 person to whom it relates.
9 (4) The order takes effect on the day on which notice of
10 the order is given to the person to whom it relates.
11 52G. Offence for failure to comply with interim
12 prohibition order
13 A person who fails to comply with an interim
14 prohibition order commits an offence.
15 Penalty: a fine of $30 000.
16 Division 2 -- Prohibition orders
17 52H. Director may make prohibition order
18 (1) This section applies if the Director has conducted an
19 investigation under this Act into a possible
20 contravention by a health care worker of a code of
21 conduct applying to the health care worker.
22 (2) The Director may make an order (a prohibition order)
23 in relation to the health care worker --
24 (a) prohibiting the health care worker from
25 providing any health service, or a health service
26 specified in the order, permanently or for the
27 period specified in the order; or
page 16
Health and Disability Services (Complaints) Amendment Bill 2021
s. 28
1 (b) imposing any conditions the Director considers
2 appropriate on the provision of any health
3 service, or a health service specified in the
4 order, by the health care worker permanently or
5 for the period specified in the order.
6 (3) The Director must not make a prohibition order in
7 relation to a health care worker unless --
8 (a) either --
9 (i) the Director is satisfied that the health
10 care worker has failed to comply with a
11 code of conduct applying to the health
12 care worker; or
13 (ii) the health care worker has been
14 convicted of a prescribed offence;
15 and
16 (b) the Director is satisfied that it is necessary to
17 make the prohibition order to avoid a serious
18 risk to --
19 (i) the life, health, safety or welfare of a
20 person; or
21 (ii) the health, safety or welfare of the
22 public.
23 52I. Show cause process for prohibition orders
24 (1) If the Director proposes to make a prohibition order in
25 relation to a person, the Director must give the person
26 written notice of the proposed prohibition order.
27 (2) The notice must invite the person to whom it is given
28 to make a written or oral submission to the Director
29 about the proposed prohibition order within a
30 reasonable period specified in the notice.
page 17
Health and Disability Services (Complaints) Amendment Bill 2021
s. 28
1 (3) The Director must have regard to any submission made
2 in accordance with the notice in deciding whether to
3 make the proposed prohibition order.
4 52J. Notice of prohibition order
5 (1) As soon as possible after making a prohibition order in
6 relation to a person, the Director must give written
7 notice of the prohibition order to the person.
8 (2) The notice must contain a statement that the person
9 may apply under section 52P for a review of the
10 decision to make the prohibition order.
11 52K. When prohibition order takes effect
12 A prohibition order takes effect on the day on which
13 notice of the prohibition order is given to the person to
14 whom it relates.
15 52L. Variation of prohibition order
16 (1) The Director must, by order, vary a prohibition order if
17 the Director is satisfied that the restrictions contained
18 in the prohibition order should be reduced.
19 (2) The order must specify the following --
20 (a) the name of the person to whom it relates;
21 (b) when the variation of the prohibition order
22 takes effect under subsection (4);
23 (c) the nature of the variation.
24 (3) As soon as possible after making the order, the
25 Director must give written notice of the order to the
26 person to whom it relates.
27 (4) The order takes effect on the day on which notice of
28 the order is given to the person to whom it relates.
page 18
Health and Disability Services (Complaints) Amendment Bill 2021
s. 28
1 52M. Revocation of prohibition order
2 (1) The Director must, by order, revoke a prohibition order
3 if the Director is satisfied that the prohibition order is
4 no longer required to avoid a serious risk to --
5 (a) the life, health, safety or welfare of a person; or
6 (b) the health, safety or welfare of the public.
7 (2) The order must --
8 (a) specify the name of the person to whom it
9 relates; and
10 (b) specify the day on which it was made; and
11 (c) specify when it takes effect under
12 subsection (4); and
13 (d) include a statement that the Director is satisfied
14 that the prohibition order is no longer required
15 to avoid a serious risk to --
16 (i) the life, health, safety or welfare of a
17 person; or
18 (ii) the health, safety or welfare of the
19 public;
20 and
21 (e) include a statement of the reason why the
22 prohibition order is revoked.
23 (3) As soon as possible after making the order, the
24 Director must give written notice of the order to the
25 person to whom it relates.
26 (4) The order takes effect on the day on which notice of
27 the order is given to the person to whom it relates.
page 19
Health and Disability Services (Complaints) Amendment Bill 2021
s. 28
1 52N. Offence for failure to comply with prohibition order
2 A person who fails to comply with a prohibition order
3 commits an offence.
4 Penalty: a fine of $30 000.
5 Division 3 -- Publication of information about orders
6 52O. Publication of information about interim
7 prohibition orders and prohibition orders
8 (1) As soon practicable after making an interim prohibition
9 order or prohibition order, the Director must publish on
10 the Office's website the following information about
11 the order --
12 (a) the name of the person to whom the order
13 relates;
14 (b) the details of the order mentioned in
15 section 52B(2)(a) or (b) or 52H(2)(a) or (b), as
16 is relevant, that apply to the person;
17 (c) the day on which the order takes effect under
18 section 52D or 52K, as is relevant;
19 (d) if the order expires on a day specified in the
20 order -- the day on which the order expires.
21 (2) As soon as practicable after making an order under
22 section 52E(1), 52F(1), 52L(1) or 52M(1), the Director
23 must publish the order on the Office's website.
24 Division 4 -- Review by State Administrative Tribunal
25 52P. Review of decisions to make interim prohibition
26 orders and prohibition orders
27 If the Director makes an interim prohibition order or
28 prohibition order in relation to a person, the person
29 may apply to the State Administrative Tribunal for a
30 review of the Director's decision to make the order.
page 20
Health and Disability Services (Complaints) Amendment Bill 2021
s. 28
1 Division 5 -- Interstate orders
2 52Q. Offence for failure to comply with interstate order
3 (1) In this section --
4 corresponding law means a law of another State, a
5 Territory or the Commonwealth that contains
6 provisions that substantially correspond with the
7 provisions of this Act;
8 interstate interim prohibition order means an order
9 that is made under a corresponding law and prescribed
10 to be an interstate interim prohibition order;
11 interstate order means an interstate interim prohibition
12 order or interstate prohibition order;
13 interstate prohibition order means an order that is
14 made under a corresponding law and prescribed to be
15 an interstate prohibition order.
16 (2) A person commits an offence if --
17 (a) an interstate order is in force in relation to the
18 person; and
19 (b) the person engages in conduct in this State that
20 would constitute a failure to comply with the
21 interstate order if it occurred in the jurisdiction
22 in which the interstate order is in force.
23 Penalty for this subsection:
24 (a) for an individual, a fine of $30 000;
25 (b) for a body corporate, a fine of $60 000.
page 21
Health and Disability Services (Complaints) Amendment Bill 2021
s. 28
1 Part 3E -- Public health warning statements
2 relating to health care workers
3 52R. Public health warning statements
4 (1) The Director may publish a statement setting out the
5 name of a health care worker if the Director has
6 commenced an investigation under this Act in relation
7 to a health care worker and the Director reasonably
8 believes that --
9 (a) the health care worker has failed to comply
10 with a code of conduct that applies to the health
11 care worker; and
12 (b) it is necessary to publish the statement to avoid
13 an imminent and serious risk to --
14 (i) the life, health, safety or welfare of a
15 person; or
16 (ii) the health, safety or welfare of the
17 public.
18 (2) The Director may publish a statement setting out the
19 name of a health care worker if --
20 (a) either --
21 (i) after completing an investigation under
22 this Act, the Director is satisfied that the
23 health care worker has failed to comply
24 with a code of conduct applying to the
25 health care worker; or
26 (ii) the health care worker has been
27 convicted of a prescribed offence;
28 and
page 22
Health and Disability Services (Complaints) Amendment Bill 2021
s. 28
1 (b) the Director reasonably believes that it is
2 necessary to publish the statement to avoid a
3 serious risk to --
4 (i) the life, health, safety or welfare of a
5 person; or
6 (ii) the health, safety or welfare of the
7 public.
8 (3) The Director may set out in a public health warning
9 statement any other details that are reasonably relevant
10 to advise the public of the serious risk identified by the
11 Director.
12 (4) A public health warning statement --
13 (a) must be published on the Office's website; and
14 (b) may be published in any other manner that the
15 Director considers appropriate.
16 52S. Revoking public health warning statements
17 (1) The Director may revoke a public health warning
18 statement by publishing a statement that --
19 (a) advises the public that the serious risk no
20 longer exists; and
21 (b) sets out the reason for the revocation of the
22 statement.
23 (2) The Director must revoke a public health warning
24 statement published under section 52R(1) if, on the
25 completion of the investigation concerned, the Director
26 is satisfied that the health care worker did not
27 contravene a code of conduct applying to the health
28 care worker.
page 23
Health and Disability Services (Complaints) Amendment Bill 2021
s. 29
1 (3) Revocation of a public health warning statement under
2 subsection (2) must be by publication of a statement
3 setting out the reason for the revocation of the
4 statement.
5 (4) A statement under subsection (1) or (3) --
6 (a) must be published on the Office's website; and
7 (b) may be published in any other manner that the
8 Director considers appropriate.
9 52T. Correcting public health warning statements
10 (1) If the Director forms the opinion that a public health
11 warning statement is incorrect, the Director must
12 publish a correction statement setting out the reason for
13 the correction.
14 (2) A statement under subsection (1) --
15 (a) must be published on the Office's website; and
16 (b) may be published in any other manner that the
17 Director considers appropriate.
18
19 29. Part 3 Division 5 heading deleted
20 Delete the heading to Part 3 Division 5.
21 30. Part 3F heading inserted
22 After section 52T (as inserted by section 28 of this Act) insert:
23
24 Part 3F -- Miscellaneous provisions relating to
25 complaints, investigations and reports to
26 Parliament
27
page 24
Health and Disability Services (Complaints) Amendment Bill 2021
s. 31
1 31. Section 52 amended
2 At the beginning of section 52 insert:
3
4 (1A) This section does not apply to a complaint alleging 1 or
5 more of the matters set out in section 25(1)(i), (j)
6 or (k).
7
8 32. Section 59 amended
9 In section 59 delete "complaint or" and insert:
10
11 complaint, a Director-initiated investigation or an investigation
12
13 33. Section 60 amended
14 (1) In section 60(1)(b) delete "or record" and insert:
15
16 record or other thing
17
18 (2) After section 60(1) insert:
19
20 (1A) The Director may direct a person attending in response
21 to a notice under subsection (1) --
22 (a) to give such information as is requested in
23 relation to any matter; or
24 (b) to answer a question put to the person.
25
26 (3) In section 60(3) delete "or record" and insert:
27
28 record or other thing
29
page 25
Health and Disability Services (Complaints) Amendment Bill 2021
s. 34
1 (4) In section 60(4) after "documents" insert:
2
3 or other things
4
5 (5) After section 60(4) insert:
6
7 (5) If the Director gives a notice to a person under
8 subsection (1), the notice must state that --
9 (a) under this Act, the person is required to comply
10 with the notice; and
11 (b) refusal or failure to do so may constitute an
12 offence under section 62(1).
13 (6) If the Director gives a direction to a person under
14 subsection (1A), the Director must inform the person
15 that --
16 (a) under this Act, the person is required to comply
17 with the direction; and
18 (b) refusal or failure to do so may constitute an
19 offence under section 62(1).
20
21 Note: The heading to amended section 60 is to read:
22 Power to summons and related powers
23 34. Section 61 amended
24 (1) In section 61 delete "complaint or" and insert:
25
26 complaint, a Director-initiated investigation or an investigation
27
page 26
Health and Disability Services (Complaints) Amendment Bill 2021
s. 35
1 (2) In section 61 in the Penalty delete "Penalty:" and insert:
2
3 Penalty: a fine of
4
5 35. Section 62 amended
6 (1) In section 62(1):
7 (a) in paragraph (b) delete "document, or record," and
8 insert:
9
10 document, record or other thing; or
11
12 (b) after paragraph (b) insert:
13
14 (c) to give information or answer a question,
15
16 (c) after "notice" insert:
17
18 or a direction
19
20 (d) in the Penalty delete "Penalty:" and insert:
21
22 Penalty for this subsection: a fine of
23
24 (2) In section 62(2) in the Penalty delete "Penalty:" and insert:
25
26 Penalty for this subsection: a fine of
27
28 Note: The heading to amended section 62 is to read:
29 Failure to comply with notice or direction given under s. 60
page 27
Health and Disability Services (Complaints) Amendment Bill 2021
s. 36
1 36. Section 64 amended
2 (1) In section 64(1) delete "complaint or" and insert:
3
4 complaint, a Director-initiated investigation or an investigation
5
6 (2) In section 64(2):
7 (a) after paragraph (a) insert:
8
9 (aa) to inspect any thing at the premises; and
10 (ab) to search the premises or any thing at the
11 premises; and
12 (ac) to examine, measure, test, photograph or film
13 any part of the premises or any thing at the
14 premises; and
15 (ad) to operate equipment, including (without
16 limitation) a computer, or facilities at the
17 premises or direct a person at the premises to
18 do so; and
19 (ae) to take any thing, or a sample of or from any
20 thing, at the premises for analysis or testing;
21 and
22
23 (b) in paragraph (c) delete "persons" and insert:
24
25 persons, equipment and materials
26
27 (c) in paragraph (e) delete "from" and insert:
28
29 from, download or print out
30
page 28
Health and Disability Services (Complaints) Amendment Bill 2021
s. 37
1 (d) in paragraph (e) delete "paragraph (d)." and insert:
2
3 paragraph (d) or any other documents at the premises
4 that may be relevant to the investigation.
5
6 37. Section 65 amended
7 After section 65(1) insert:
8
9 (1A) A member of the staff of the Office executing a
10 warrant must --
11 (a) produce an identity card given to the member
12 of staff under section 17A for inspection by the
13 occupier or a person in charge of the premises;
14 or
15 (b) display an identity card given to the member of
16 staff under section 17A so it is clearly visible to
17 the occupier or person in charge of the
18 premises.
19
20 38. Section 67 amended
21 In section 67(1):
22 (a) in paragraph (a) delete "document or record because the
23 answer would relate to, or the book, document or
24 record" and insert:
25
26 document, record or other thing because the answer
27 would relate to, or the book, document, record or thing
28
page 29
Health and Disability Services (Complaints) Amendment Bill 2021
s. 39
1 (b) in paragraph (b) delete "document or record if the
2 answer, or the information in the book, document or
3 record" and insert:
4
5 document, record or thing if the answer, or the
6 information in the book, document, record or thing
7
8 39. Sections 68A and 68B inserted
9 After section 68 insert:
10
11 68A. Disclosure of information to other Commonwealth,
12 State or Territory entities
13 (1) In this section --
14 protected information means information that comes
15 to the knowledge of the Director or a member of the
16 staff of the Office in the course of, or because of,
17 exercising functions under this Act;
18 relevant entity means --
19 (a) the Australian Health Practitioner Regulation
20 Agency established under the Health
21 Practitioner Regulation National Law (Western
22 Australia); or
23 (b) a registration board; or
24 (c) another entity of the Commonwealth, another
25 State or a Territory that has functions similar to
26 functions of the Director.
27 (2) In exercising functions under this Act, the Director
28 may disclose protected information to a relevant entity
29 if the Director is satisfied that --
30 (a) the protected information will be collected,
31 stored and used by the relevant entity in a way
page 30
Health and Disability Services (Complaints) Amendment Bill 2021
s. 40
1 that ensures the privacy of the persons to whom
2 it relates is protected; and
3 (b) the provision of the protected information to the
4 relevant entity is necessary to enable the
5 relevant entity to exercise the entity's functions.
6 (3) If the Director makes an interim prohibition order or a
7 prohibition order in relation to a health care worker, the
8 Director may give a copy of the order to a relevant
9 entity.
10 68B. Disclosure to protect health or safety of users and
11 other persons
12 (1) This section applies if the Director reasonably believes
13 that --
14 (a) a provider poses, or may pose, a risk to public
15 health; or
16 (b) the health or safety of a person or class of
17 persons is or may be at risk because of the
18 provision of a health service by a provider.
19 (2) The Director may give written notice of the risk and
20 any relevant information about the provider to an entity
21 of this State, another State, a Territory or the
22 Commonwealth that the Director considers may be
23 required to take action in relation to the risk.
24
25 40. Section 70 amended
26 In section 70(2)(a) delete "Part 3; or" and insert:
27
28 this Act; or
29
page 31
Health and Disability Services (Complaints) Amendment Bill 2021
s. 41
1 41. Section 71A inserted
2 After section 71 insert:
3
4 71A. Criminal record checks
5 (1) In this section --
6 Commissioner of Police means the person holding or
7 acting in the office of Commissioner of Police under
8 the Police Act 1892;
9 criminal record, in relation to a health care worker,
10 means the criminal record of the health care worker
11 kept by the Commissioner of Police;
12 relevant decision, in relation to a health care worker,
13 means a decision whether to --
14 (a) make an interim prohibition order in relation to
15 the health care worker; or
16 (b) make a prohibition order in relation to the
17 health care worker; or
18 (c) publish a public health warning statement in
19 relation to the health care worker.
20 (2) For the purposes of making a relevant decision in
21 relation to a health care worker, the Director may --
22 (a) request that the Commissioner of Police give
23 the Director information concerning any
24 criminal record of the health care worker; and
25 (b) for the purpose of the request, give the
26 Commissioner of Police any information
27 concerning the health care worker that is
28 necessary to conduct a check on the criminal
29 record of the health care worker.
page 32
Health and Disability Services (Complaints) Amendment Bill 2021
s. 42
1 (3) On a request under subsection (2), the Commissioner
2 of Police may give the information sought to the
3 Director.
4
5 42. Section 77A inserted
6 After section 77 insert:
7
8 77A. Codes of conduct
9 Regulations made under section 77 may prescribe 1 or
10 more codes of conduct relating to the provision of
11 health services by the following --
12 (a) health care workers who are not registered
13 providers;
14 (b) health care workers who are registered
15 providers and who provide health services that
16 are unrelated to their registration.
17
[Index] [Search] [Download] [Related Items] [Help]