Queensland Numbered Acts

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           Part 1--Preliminary
           Division 1--Introductory
   1.      Short title
   2.      Commencement
   3.      Main objects
   4.      Paramount guiding principle
   5.      Act binds all persons
           Division 2--Interpretation
   6.      Dictionary
   7.      Meaning of health service
   8.      Meaning of health service provider
           Division 3--Overview of Act
   9.      Purpose of div 3
   10.     Relationship with the National Law
   11.     Health ombudsman
   12.     Director of proceedings
   13.     Making health service complaints
   14.     Dealing with health service complaints and other matters
   15.     Timeliness
   16.     Disciplinary orders
   17.     Keeping complainants and providers informed
   18.     Minister's role
   19.     Parliamentary committee's role
           Division 4--Application of Act to persons whose status changes
   20.     Application of Act to former health service providers
   21.     Application of Act to former registered health practitioners
   22.     Application of Act to persons formerly registered under corresponding prior Act
   23.     Matters may be dealt with despite death of relevant person
           Part 2--Health ombudsman
   24.     Establishment
   25.     Functions
   26.     General powers
   27.     How health ombudsman must act
   28.     Health ombudsman generally not subject to direction
   29.     Advisory committees and panels
   30.     Cooperation with other entities
           Part 3--Health service complaints
           Division 1--Preliminary
   31.     Meaning of health service complaint
           Division 2--Making and dealing with a complaint
   32.     Who may make a complaint
   33.     How to make a complaint
   34.     Complainant may be asked to confirm complaint or give further information
   35.     Deciding how to proceed
           Division 3--Other matters dealt with as complaints
   36.     Notifications under the National Law
   37.     Matters referred by National Boards or government entities
           Part 4--How complaints and other matters are dealt with
   38.     Meaning of relevant action
   39.     Relevant action not limited to complaints
   40.     Relevant action relating to more than 1 matter
   41.     Complaints may be split
   42.     More than 1 relevant action may be taken
   43.     Relevant action may be taken despite proceedings
   44.     Decision to take no further action on a matter
           Part 5--Assessment of complaints
   45.     Application of pt 5
   46.     How assessment is made
   47.     Submissions
   48.     Power to require information
   49.     Period for completing assessment
   50.     Decision following assessment
           Part 6--Local resolution of complaints
   51.     Application of pt 6
   52.     How local resolution may be achieved
   53.     Submissions
   54.     Power to require information
   55.     Period for attempting resolution
   56.     Further action if complaint not resolved
           Part 7--Immediate action in relation to health practitioners
           Division 1--Immediate registration action
   57.     Meaning of immediate registration action
   58.     Power to take immediate registration action
   59.     Show cause process
   60.     Notice about immediate registration action
   61.     Show cause process after taking action
   62.     Period of immediate registration action
   63.     Application to QCAT for review
   64.     Health ombudsman must immediately take further relevant action
   65.     Health ombudsman may end immediate registration action
           Division 2--Interim prohibition orders
   66.     Application of div 2
   67.     Interim prohibition orders
   68.     Power to issue interim prohibition orders
   69.     Show cause process
   70.     Content of interim prohibition order
   71.     Notice to complainant
   72.     Show cause process after issuing order
   73.     Period of interim prohibition order
   74.     Application to QCAT for review
   75.     Health ombudsman must immediately take further relevant action
   76.     Health ombudsman may revoke order
   77.     Corresponding interstate interim orders
   78.     Offence of contravening order
   79.     Publication of orders
           Part 8--Investigations
   80.     Health ombudsman may decide to investigate
   81.     Minister may direct investigation
   82.     Notice to particular provider being investigated
   83.     Investigative powers
   84.     Progress reports
   85.     Times by which investigations must be completed
   86.     Investigation reports
   87.     To whom investigation report is given
   88.     Disclosure of investigation report containing confidential information
   89.     Implementation of recommendations and supplementary report
   90.     Notice of decision after investigating matter
           Part 9--Referral to National Agency or other entity
   91.     Referral to National Agency
   92.     Referral to other government entities
   93.     Reports from State entities
           Part 10--QCAT
           Division 1--General
   94.     QCAT's jurisdiction
   95.     Notices to be given to complainant
   96.     Orders that QCAT may make
   97.     Constitution of QCAT
   98.     Particular hearings to be held in private
   99.     QCAT may exclude witnesses from hearing
   100.    No stay of decision to take immediate action
           Division 2--Director of proceedings
   101.    Application of div 2
   102.    Information to be given with referral
   103.    How director must deal with referral
   104.    Referral to QCAT
   105.    Referral back to health ombudsman
           Division 3--Matters relating to registered health practitioners
   106.    Application of div 3
   107.    Decision about registered health practitioner other than student
   108.    Decision about student
   109.    Review of conditions
   110.    Application to QCAT for review of condition
   111.    Further review of condition
           Division 4--Matters relating to practitioners other than registered health practitioners
   112.    Application of div 4
   113.    Prohibition order
   114.    Corresponding interstate orders
   115.    Offence of contravening order
   116.    Publication of orders
           Division 5--Appointment of assessors
   117.    Panels of assessors
   118.    Appointment of individuals to panels of assessors
   119.    Temporary appointment of panel of assessors
   120.    Disqualification from membership of panel of assessors
   121.    Procedure for recommending members of panels of assessors
   122.    Duration of appointment
   123.    Conditions of appointment
   124.    Vacation of office
   125.    Payment of assessors
           Division 6--QCAT to be assisted by assessors
   126.    Tribunal to be assisted by assessors
   127.    Assessors' function
   128.    Choosing assessors generally
   129.    Particular persons not eligible to be assessor in a disciplinary proceeding
   130.    Requirement about gender balance
   131.    Choosing assessors if specialist and technical issues involved
   132.    Disclosure of interests
   133.    Costs for assessors
           Part 11--Conciliation
   134.    Application of pt 11
   135.    Purpose of conciliation
   136.    Conciliator's function exclusive
   137.    Person not to conciliate and investigate same health service complaint
   138.    Conciliation function
   139.    Requirement to negotiate in good faith
   140.    When conciliation may happen if other relevant action is taken
   141.    Conciliator to notify the health ombudsman of public interest issues
   142.    Ending or suspending conciliation to take other relevant action
   143.    Explanation to parties about public interest issues and possible ending or suspension of conciliation
   144.    Progress reports from conciliator
   145.    Results report from conciliator
   146.    Enforceable agreement
   147.    Action on report of unsuccessful conciliation
   148.    Ending conciliation
   149.    Conciliation privileged
   150.    Confidentiality of information relating to conciliation
           Part 12--Inquiries
   151.    Health ombudsman may conduct inquiry
   152.    Minister may direct health ombudsman to conduct inquiry
   153.    Persons conducting or assisting inquiry
   154.    Procedure
   155.    Notice of inquiry hearing
   156.    Inquiry hearing to be held in public except in special circumstances
   157.    Suppression of name of witness
   158.    Protection of inquiry members, representatives and witnesses
   159.    Record of proceeding to be kept
   160.    Powers for inquiry hearing and right to representation
   161.    Notice to witness
   162.    Notice requiring information
   163.    Inspection of records and other things
   164.    Offences by witnesses
   165.    Contempt of inquiry member
   166.    Change or absence of inquiry member
   167.    Preparation of report about inquiry
   168.    Opportunity to respond to adverse comment in report
   169.    Submission and tabling of report
           Part 13--Minister's role
   170.    Minister's functions
   171.    Minister may request information or reports from health ombudsman
   172.    Minister may request information from National Agency or National Board
   173.    Periodic reports
   174.    Minister may ask that information be given to engaged persons
   175.    Information that may or may not be requested
   176.    Minister may ask health ombudsman to publish particular reports
   177.    Compliance with Minister's request
   178.    Use or disclosure of information
           Part 14--Parliamentary Committee's role
   179.    Committee's functions
   180.    Committee may request information from health ombudsman
   181.    Committee may request information from National Agency or National Board
   182.    Periodic reports
   183.    Information that may or may not be requested
   184.    Compliance with committee's request
   185.    Committee's powers not limited
           Part 15--Authorised persons
           Division 1--General provisions about authorised persons
   186.    Functions of authorised persons
   187.    Health ombudsman is an authorised person
   188.    Health ombudsman may appoint authorised persons
   189.    Appointment conditions and limit on powers
   190.    When office ends
   191.    Resignation
   192.    Issue of identity card
   193.    Production or display of identity card
   194.    Return of identity card
   195.    References to exercise of powers
   196.    Reference to document includes reference to reproductions from electronic document
           Division 2--Entry of places by authorised persons
           Subdivision 1--Power to enter
   197.    General power to enter places
           Subdivision 2--Entry by consent
   198.    Application of sdiv 2
   199.    Incidental entry to ask for access
   200.    Matters authorised person must tell occupier
   201.    Consent acknowledgement
           Subdivision 3--Entry under warrant
   202.    Application for warrant
   203.    Issue of warrant
   204.    Electronic application
   205.    Additional procedure if electronic application
   206.    Defect in relation to a warrant
   207.    Entry procedure
           Division 3--Other authorised persons' powers and related matters
           Subdivision 1--General powers of authorised persons after entering places
   208.    Application of sdiv 1
   209.    General powers
   210.    Power to require reasonable help
   211.    Offence to contravene requirement to give reasonable help
           Subdivision 2--Seizure by authorised persons and forfeiture
   212.    Seizing evidence at a place that may be entered without consent or warrant
   213.    Seizing evidence at a place that may be entered only with consent or warrant
   214.    Seizure of property subject to security
   215.    Power to secure seized thing
   216.    Offence to contravene other seizure requirement
   217.    Offence to interfere
           Subdivision 3--Safeguards for seized things
   218.    Receipt and information notice for seized thing
   219.    Access to seized thing
   220.    Return of seized thing
           Subdivision 4--Forfeiture
   221.    Forfeiture by health ombudsman decision
   222.    Information notice about forfeiture decision
           Subdivision 5--Dealing with property forfeited or transferred to State
   223.    When thing becomes property of the State
   224.    How property may be dealt with
           Division 4--Disposal orders
   225.    Disposal order
           Division 5--Other information-obtaining powers of authorised persons
   226.    Power to require name and address
   227.    Offence to contravene requirement to give name and address
   228.    Power to require information
   229.    Offence to contravene information requirement
           Division 6--Miscellaneous provisions relating to authorised persons
   230.    Duty to avoid inconvenience and minimise damage
   231.    Notice of damage
   232.    Compensation
   233.    Obstructing authorised person
   234.    Impersonating authorised person
           Division 7--Review of particular decisions
   235.    Right of appeal
   236.    Appeal process starts with internal review
   237.    How to apply for a review
   238.    Stay of operation of decision
   239.    Review decision
   240.    Who may appeal
   241.    Procedure for an appeal to the court
   242.    Stay of operation of review decision
   243.    Powers of court on appeal
   244.    Effect of decision of court on appeal
           Part 16--Appointment of health ombudsman and establishment of office
           Division 1--Appointment of health ombudsman and related matters
   245.    Appointment
   246.    Minister's recommendation
   247.    Term of appointment
   248.    Conditions of appointment
   249.    Resignation
   250.    Removal from office
   251.    Suspension from office
   252.    Acting as health ombudsman
           Division 2--Office of the Health Ombudsman
   253.    Establishment of office
   254.    Function
   255.    Staff
   256.    Control of office
   257.    Office is a statutory body
           Division 3--Director of proceedings
   258.    Appointment of director of proceedings
   259.    Functions
   260.    Director not subject to direction
           Part 17--Offences and proceedings
   261.    Reprisal and grounds for reprisals
   262.    Offence for taking reprisal
   263.    Damages entitlement for reprisal
   264.    False or misleading information
   265.    Recovery of fines
   266.    Appointment and authority
   267.    Signatures and documents
   268.    Other evidentiary aids
   269.    Summary offences
   270.    Statement of complainant's knowledge
   271.    Proceedings for indictable offences
           Part 18--Disclosure of information and related matters
   272.    Confidentiality
   273.    Publication of information about immediate action and QCAT decisions
   274.    Disclosure of information for legal proceeding
   275.    Information given to health ombudsman and others
   276.    Reports and other published information privileged
           Part 19--Particular notices given by health ombudsman
   277.    Meaning of employer for pt 19
   278.    Notice of decision relating to complaint
   279.    Notice to employers about particular serious matters
   280.    Notice to employers about particular QCAT decisions
   281.    Notice to National Board about Court of Appeal decisions
   282.    Notice to employers about other matters
   283.    Notice to education providers about particular serious matters concerning students
   284.    Notice to health service provider not required in particular circumstances
           Part 20--Other matters
   285.    Delegations
   286.    Appointment of conciliators
   287.    Protection of officials from liability
   288.    Prescribed documents about appropriate conduct
   289.    Whether information identifies a person
   290.    Annual report to include Ministerial directions
   291.    Approved forms
   292.    Regulation-making power
           Part 21--Savings and transitional
           Division 1--Preliminary
   293.    Definitions for pt 21
   294.    Power to make requirements not limited
           Division 2--Application of Act to pre-commencement matters
   295.    Pre-commencement matters may be dealt with
   296.    Request for information may relate to pre-commencement matters
   297.    Steps before appointing health ombudsman
           Division 3--Former commission and commissioner
   298.    Health ombudsman is legal successor of former commission
   299.    Assets, liabilities and information of former commission
   300.    Proceedings not yet started
   301.    Current proceedings
   302.    References to former commission, commissioner or chief executive
           Division 4--Complaints and other matters
   303.    Current complaints
   304.    Outstanding requirements to give information and other matters
   305.    Confidentiality generally
   306.    Privilege and confidentiality for conciliation
   307.    Preservation of rights as public service officer
           Division 5--Matters relating to authorised persons
   308.    Investigations
   309.    Outstanding requirements for information
   310.    Seized things
           Division 6--Continuing appointments
   311.    Authorised persons
   312.    Conciliators
           Division 7--Disciplinary matters
   313.    Panels of assessors
   314.    Proceedings before QCAT
   315.    QCAT's jurisdiction to review pre-commencement decisions
   316.    Appeals to Court of Appeal from pre-commencement decisions
   317.    Complaints, disciplinary proceedings, secretary and other matters
   318.    Assessors' entitlements about remuneration and allowances
           Division 8--Disclosure of confidential information to health ombudsman
   319.    Confidential information under the National Law
   320.    Confidential information under HQCC Act
           Part 22--Repeals
   321.    Repeal of Acts
           Part 23--Amendment of Health Practitioner Regulation National Law Act 2009
   322.    Act amended
   323.    Amendment of s 3 (Definitions)
   324.    Amendment of s 4 (Application of Health Practitioner Regulation National Law)
   325.    Insertion of new ss 7A–7C
           326. Insertion of new pt 4
           Part 24--Other amendments
           Division 1--Amendment of this Act
   327.    Act amended
   328.    Amendment of long title
   329.    Amendment of s 6 (Dictionary)
   330.    Amendment of sch 2 (Dictionary)
           Division 2--Amendment of other Acts
   331.    Acts amended in sch 1

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