Western Australian Current Acts Western Australian Current Acts[s. 8]
[Heading amended: No. 19 of 2010 s. 4.]
(1) Subject to this
Act, the Director holds office for a term, not exceeding 5 years, fixed by the
instrument of appointment, and is eligible for re-appointment once or more
than once.
(2) The Director may
resign his or her office by writing signed and delivered to the Governor.
Subject to the
Salaries and Allowances Act 1975 , the Director —
(a) is
to be paid salary and allowances at such rates per annum as the Minister
determines on the recommendation of the Public Sector Commissioner; and
(b) has
the same annual leave, sick leave and long service leave entitlements as a
permanent officer of the Public Service.
[Clause 2 amended: No. 39 of 2010 s. 89.]
(1) If a person was a
contributor within the meaning of the
Superannuation and Family Benefits Act 1938 1 immediately before being
appointed as Director, the person may continue to be a contributor under that
Act after being appointed.
(2) For the purposes
of subclause (1) the Office —
(a) is a
department within the meaning of the Superannuation and Family Benefits Act
1938 1 ; and
(b) is
to pay to the Board under that Act payments of the kind described in paragraph
(i) of the proviso to the definition of department in section 6 of that Act.
4 . Appointment of public service officer
(1) If a person
occupied an office in the Public Service immediately before being appointed to
the office of Director —
(a) the
person retains existing and accruing entitlements in respect of leave of
absence as if service as Director were a continuation of service in the office
in the Public Service; and
(b) the
person is entitled to be appointed to an office in the Public Service, not
lower in classification and salary than the office which the person occupied
if —
(i)
the person ceases to hold office as Director on the
completion of a periodical appointment; and
(ii)
at that time the person is eligible to occupy an office
in the Public Service.
(2) Where a person is
appointed to an office in the Public Service under subclause (1)(b) the person
retains existing and accruing leave entitlements as if service in the Public
Service were a continuation of service in the office of Director.
(1) The Governor may
remove the Director from office —
(a) for
—
(i)
misbehaviour or incompetence; or
(ii)
physical or mental incapacity, other than temporary
illness, impairing the performance of the Director’s functions;
(b) if
the Director is, according to the Interpretation Act 1984 section 13D, a
bankrupt or a person whose affairs are under insolvency laws.
(2) In subclause
(1)(a)(i) —
misbehaviour includes conduct that renders the
Director unfit to hold office as Director notwithstanding that the conduct
does not relate to any function of the office.
[Clause 5 amended: No. 18 of 2009 s. 40.]
6 . Other conditions of service
Subject to this
Schedule, the Governor may, on the recommendation of the Public Sector
Commissioner, determine other terms and conditions of service (if any) that
apply to the Director.
[Clause 6 amended: No. 39 of 2010 s. 89.]
This is a compilation of the Health and Disability Services (Complaints) Act
1995 and includes amendments made by other written laws. For provisions that
have come into operation, and for information about any reprints, see the
compilation table. For provisions that have not yet come into operation see
the uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Health Services (Conciliation and Review) Act 1995 2 |
75 of 1995 |
9 Jan 1996 |
s. 1 and 2: 9 Jan 1996; |
|
Statutes (Repeals and Minor Amendments) Act 1997 s. 70 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Osteopaths Act 1997 s. 97 |
58 of 1997 |
15 Dec 1997 |
22 Dec 1999 (see s. 2 and Gazette 21 Dec 1999 p. 6393) |
|
Disability Services Amendment Act 1999 s. 28(2) |
44 of 1999 |
25 Nov 1999 |
25 Nov 1999 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 2000 s. 17 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Reprint of the Health Services (Conciliation and Review) Act 1995 as at 1 Jun
2001 | |||
|
Acts Amendment (Equality of Status) Act 2003 Pt. 27 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
|
Statutes (Repeals and Minor Amendments) Act 2003 s. 65 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Carers Recognition Act 2004 Pt. 5 Div. 2 |
37 of 2004 |
28 Oct 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7127) |
|
Disability Services Amendment Act 2004 s. 36 |
57 of 2004 |
18 Nov 2004 |
15 Dec 2004 (see s. 2 and Gazette 14 Dec 2004 p. 5999) |
|
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Pt. 2 Div. 59 3 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) |
|
Reprint 2: The Health Services (Conciliation and Review) Act 1995 as at 18 Mar
2005 | |||
|
Psychologists Act 2005 Sch. 3 cl. 6 |
28 of 2005 |
12 Dec 2005 |
4 May 2007 (see s. 2 and Gazette 4 May 2007 p. 1963) |
|
Optometrists Act 2005 Sch. 3 cl. 4 |
29 of 2005 |
12 Dec 2005 |
20 Apr 2007 (see s. 2 and Gazette 30 Mar 2007 p. 1451) |
|
Podiatrists Act 2005 Sch. 3 cl. 4 |
30 of 2005 |
12 Dec 2005 |
30 May 2007 (see s. 2 and Gazette 29 May 2007 p. 2486) |
|
Chiropractors Act 2005 Sch. 3 cl. 4 |
31 of 2005 |
12 Dec 2005 |
1 Aug 2007 (see s. 2 and Gazette 31 Jul 2007 p. 3789) |
|
Physiotherapists Act 2005 Sch. 3 cl. 4 |
32 of 2005 |
12 Dec 2005 |
23 Feb 2007 (see s. 2 and Gazette 20 Feb 2007 p. 505) |
|
Osteopaths Act 2005 Sch. 3 cl. 4 |
33 of 2005 |
12 Dec 2005 |
30 May 2007 (see s. 2 and Gazette 29 May 2007 p. 2486) |
|
Occupational Therapists Act 2005 Sch. 3 cl. 4 |
42 of 2005 |
19 Dec 2005 |
1 Aug 2007 (see s. 2 and Gazette 31 Jul 2007 p. 3789) |
|
Medical Radiation Technologists Act 2006 Sch. 3 cl. 4 |
21 of 2006 |
9 Jun 2006 |
1 Jul 2007 (see s. 2 and Gazette 26 Jun 2007 p. 3013) |
|
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 9 Div. 4 4 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
|
Nurses and Midwives Act 2006 Sch. 3 cl. 11 |
50 of 2006 |
6 Oct 2006 |
19 Sep 2007 (see s. 2 and Gazette 18 Sep 2007 p. 4711) |
|
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 82 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Reprint 3: The Health Services (Conciliation and Review) Act 1995 as at 12 Oct
2007 | |||
|
Medical Practitioners Act 2008 Sch. 3 cl. 26 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989) |
|
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 73 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) | ||
|
Acts Amendment (Bankruptcy) Act 2009 s. 40 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) | ||
|
Standardisation of Formatting Act 2010 s. 4 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) | ||
|
Health and Disability Services Legislation Amendment Act 2010 Pt. 2 |
33 of 2010 (as amended by 35 of 2010 s. 83(3)) |
30 Aug 2010 |
30 Nov 2010 (see s. 2(b) and Gazette 17 Sep 2010 p. 4757) | ||
|
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 25 |
35 of 2010 |
30 Aug 2010 |
s. 79-90 and 91(1)-(3): 18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p.
5075-6); | ||
|
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) | ||
|
Reprint 4: The Health and Disability Services (Complaints) Act 1995 as at 7
Jan 2011 | |||||
|
Mental Health Legislation Amendment Act 2014 Pt. 4 Div. 4 Subdiv. 13 |
25 of 2014 |
3 Nov 2014 |
30 Nov 2015 (see s. 2(b) and Gazette 13 Nov 2015 p. 4632) | ||
|
Health Services Act 2016 s. 292 |
11 of 2016 |
26 May 2016 |
1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291) | ||
|
Health Practitioner Regulation National Law (WA) Amendment Act 2018 s. 112 |
4 of 2018 |
19 Apr 2018 |
1 Dec 2018 (see s. 2(d) and Gazette 13 Nov 2018 p. 4427-8) | ||
|
Voluntary Assisted Dying Act 2019 Pt. 12 Div. 4 |
27 of 2019 |
19 Dec 2019 |
1 Jul 2021 (see s. 2(b) and SL 2021/83 cl. 2) | ||
|
Health and Disability Services (Complaints) Amendment Act 2022 s. 3-43 |
35 of 2022 |
28 Oct 2022 |
27 Jul 2023 (see s. 2(b) and SL 2023/112 cl. 2) | ||
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 75 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
1 The Superannuation and Family Benefits Act 1938
was repealed by the State Superannuation Act 2000 s. 39, but its provisions
continue to apply to and in relation to certain schemes because of the
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 26.
2 Now known as the Health and Disability Services
(Complaints) Act 1995 ; short title changed (see note under s. 1).
3 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative
Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal
Regulations 2004 r. 28 and 42 deal with certain transitional issues some of
which may be relevant for this Act.
4 The Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 9 Div. 13 reads as follows:
Division 13 — Transitional provisions
289. Commissioner of Health
(1) A thing done or
omitted to be done by, to or in relation to, the Commissioner of Health before
commencement under, or for the purposes of, an enactment has the same effect
after commencement, to the extent that it has any force or significance after
commencement, as if it had been done or omitted by, to or in relation to, the
CEO.
(2) In this section
—
CEO has the meaning given by section 3 of the
Health Legislation Administration Act 1984 as in force after commencement;
commencement means the time at which this Division
comes into operation;
Commissioner of Health means the Commissioner of
Health referred to in section 6(1)(a) of the
Health Legislation Administration Act 1984 as in force before commencement.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
carer
3(1)
code of conduct 3(1)
Commissioner of Police 71A(1)
conciliator
3(1)
corresponding law 52Q(1)
criminal record 71A(1)
Director
3(1)
Director-initiated investigation
3(1), 44A
document 12(5)
excluded service
3(1)
functions of the Director
11(4)
health care worker 3(1)
Health
Department 3(1)
health service
3(1)
industrial tribunal 3(1)
information 12(5)
interim prohibition order
3(1), 52B(2)
interstate interim prohibition order
52Q(1)
interstate order
52Q(1)
interstate prohibition order 52Q(1)
manager
25(2)
member of the staff
3(1)
misbehaviour Sch. 2 cl. 5(2)
Office
3(1)
Office’s website
3(1)
person’s representative 67(2)
prohibition order 3(1), 52H(2)
protected
information 68A(1)
provide
3(1)
provider 3(1)
public health warning
statement 3(1)
public provider
3(1)
registered provider 3(1)
registration board 3(1)
relative
20(4)
relevant decision 71A(1)
relevant entity 68A(1)
user
3(1)
© State of Western Australia 2023
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2023
.
By Authority: GEOFF O. LAWN, Government Printer