(1) In this Act,
unless the contrary intention appears —
carer means a person who is a carer as defined in
section 4 of the Carers Recognition Act 2004 in relation to a user;
code of conduct means a code of conduct prescribed
under section 77A;
conciliator means a person to whom the task of
conciliation is assigned under section 36 and includes persons assigned to be
joint conciliators;
Director means a person appointed as Director
under section 7(1);
Director-initiated investigation has the meaning
given in section 44A;
excluded service means a health service that is
provided without remuneration in a rescue or emergency situation;
health care worker means an individual who
provides a health service (whether or not the individual is a registered
provider);
Health Department has the meaning given to
Department by section 3 of the Health Legislation Administration Act 1984 ;
health service means any service provided by way
of —
(a)
diagnosis or treatment of physical or mental disorder or injury, or suspected
disorder or injury; and
(b)
health care, including —
(i)
palliative health care; and
(ii)
voluntary assisted dying as defined in the
Voluntary Assisted Dying Act 2019 section 5;
and
(ba)
prescribing or dispensing a drug or medicinal preparation; and
(bb)
prescribing or dispensing an aid for therapeutic use; and
(c) a
preventive health care programme, including a screening or immunization
programme; and
(d)
medical or epidemiological research,
and includes any —
(e)
ambulance service; and
(ea)
surgical or related service; and
(f)
welfare service that is complementary to a health service; and
(g)
service coming within paragraph (a), (b), (ba), (bb) or (c) that is provided
by a person who advertises or holds himself or herself out as a person who
provides any health care or treatment; and
(ga)
service that —
(i)
is ancillary to any other service to which this
definition applies; and
(ii)
affects or may affect persons who are receiving any other
service to which this definition applies;
and
(h)
prescribed service,
but does not include an excluded service;
industrial tribunal means —
(a) the
Australian Industrial Relations Commission; or
(b) The
Western Australian Industrial Relations Commission under the
Industrial Relations Act 1979 and each constituent authority under that Act;
interim prohibition order has the meaning given in
section 52B(2);
member of the staff means an officer or person
referred to in section 14 or 15 and any person whose services are used under
section 16;
Office means the Health and Disability Services
Complaints Office continued by section 6(1);
Office’s website means a website maintained
by or on behalf of the Office;
prohibition order has the meaning given in
section 52H(2);
provide , in relation to a health service,
includes the carrying out of medical or epidemiological research;
provider includes —
(a) an
individual or a group of individuals or a body that renders or provides any
health service;
(b) a
person who manages or is the chief executive of —
(i)
a body by which or an institution in which any health
service is rendered or provided; or
(ii)
a body or institution that provides a health service and
that is prescribed or belongs to a class that is prescribed for the purposes
of this paragraph;
(c) the
chief executive officer of the Health Department in respect of any health
services provided or rendered by persons carrying out the functions of the
Health Department, but not including a health service provided or rendered in
a public hospital as defined in the Health Services Act 2016 section 6;
(d) a
body or a group of individuals that provides a health service and that is
prescribed as a provider;
(e) an
individual or group of individuals or a body that provides a health service
and that is included in a class that is prescribed as providers;
public health warning statement means a statement
published under section 52R(1) or (2);
public provider means a provider that represents
the Crown, and includes any person acting on behalf of a representative of the
Crown;
registered provider means a person licensed,
registered or certificated by a registration board;
registration board means a National Health
Practitioner Board established under the Health Practitioner Regulation
National Law (Western Australia) ;
user means a person who —
(a) uses
or receives a health service; or
(b) is
the subject of medical or epidemiological research,
but a person is not within this definition merely
because he or she has arranged a health service for a user.
[(2) deleted]
(3) The fact that the
definition of provider in subsection (1) —
(a) in
paragraph (b) refers to a person who manages or is the chief executive of a
body or institution; and
(b) in
paragraph (c) refers to the chief executive officer of the Health Department,
is not to be read as
limiting the exercise of any power that the person or chief executive officer
has to delegate the performance of his or her functions.
[Section 3 amended: No. 37 of 2004 s. 31; No. 28
of 2006 s. 257; No. 33 of 2010 s. 7; No. 11 of 2016 s. 292; No. 4 of 2018 s
112(2); No. 27 of 2019 s. 172; No. 35 of 2022 s. 4.]