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Queensland
HEALTH LEGISLATION
AMENDMENT BILL (No. 2)
1996
Queensland
HEALTH LEGISLATION AMENDMENT
BILL (No. 2) 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF HEALTH SERVICES ACT 1991
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2A Meaning of "health service" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Replacement of s 3 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3A Act binds Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 1A--HEALTH SERVICE DISTRICTS AND DISTRICT
HEALTH COUNCILS
Division 1--Declaration of districts and establishment of councils
4 Health service districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4A District health councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2--Functions and membership of councils
4B Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4C Participation in selection of senior executives . . . . . . . . . . . . . . . . . 14
4D Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
4E Chairperson of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
4F Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4G Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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Health Legislation Amendment (No. 2)
4H Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4I Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 3--Business and meetings of councils
4J Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4K Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4L Quorum and voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4M Attendance by manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4N Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4O Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 4--Miscellaneous
4P Managers for districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
4Q Consultative committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 1B--HEALTH SERVICE EMPLOYEES
5 Appointment of health service employees . . . . . . . . . . . . . . . . . . . . . 19
6 Health service employees not public service employees . . . . . . . . . 20
7 Basis of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
8 Directives issued by Governor in Council . . . . . . . . . . . . . . . . . . . . . 20
9 Conditions of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
7 Omission of pt 2, div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
8 Replacement of pts 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 3--CONTROL OF TRAFFIC AND CONDUCT ON
HEALTH SERVICES LAND
Division 1--Authorised persons and security officers
20 Appointment of authorised persons and security officers . . . . . . . . . 21
21 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2--Traffic control
24 Authorised persons to control traffic on health services land . . . . . . 23
25 Regulatory notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
26 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Removal and detention of illegally parked or abandoned
vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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Health Legislation Amendment (No. 2)
28 Disposal of unclaimed vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3--Conduct on health services land
30 Conduct causing a public nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Power to deal with persons causing a public nuisance . . . . . . . . . . . 27
32 Prohibition of smoking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 4--ADMINISTRATION
Division 1--Officials
33 Appointment of officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
34 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
35 Functions of auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
36 Functions of investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
37 Power of officials to ask for documents . . . . . . . . . . . . . . . . . . . . . . . 29
38 Duty of confidentiality of officials . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2--General
39 Ministerial advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Responsibility of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 4A--PROVISION OF FACILITIES FOR FOOD AND
OTHER SERVICES
9 Amendment of s 62 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
10 Replacement of pt 8 (Savings and transitional provisions) . . . . . . . . . . . . . 32
78 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 6--REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS
Division 1--Repeals
79 Repeal of certain by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2--Savings and transitional provisions for regional health
authorities
80 Definition for pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
81 Authorities dissolved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
82 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
83 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
84 Non-contract employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
85 Contract employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
4
Health Legislation Amendment (No. 2)
86 Employees' rights and entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . 35
87 Directions by the chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
88 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
89 Entries in registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 3--AMENDMENT OF QUEENSLAND INSTITUTE OF
MEDICAL RESEARCH ACT 1945
11 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
12 Replacement of s 5 (Constitution of Council of The Queensland
Institute of Medical Research) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5 Membership of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5A Nominee Council members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
5B Council members' term of appointment . . . . . . . . . . . . . . . . . . . . . . . 39
5C Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . 39
13 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
6A Nominee Council member vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 39
14 Amendment of s 8B (Membership of Trust) . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 4--MINOR AND CONSEQUENTIAL AMENDMENTS
15 Amendment of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 41
MINOR AND CONSEQUENTIAL AMENDMENTS OF ACTS
AMBULANCE SERVICE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
DENTAL TECHNICIANS AND DENTAL PROSTHETISTS ACT 1991 . . 41
DRUGS MISUSE ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
FOOD ACT 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 46
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
HOSPITALS FOUNDATIONS ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . 49
MEDICAL ACT 1939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
MENTAL HEALTH ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 56
PUBLIC SERVICE SUPERANNUATION ACT 1958 . . . . . . . . . . . . . . . . . 56
PUBLIC TRUSTEE ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
5
Health Legislation Amendment (No. 2)
QUEENSLAND INSTITUTE OF MEDICAL RESEARCH ACT 1945 . . . . 57
STATE SERVICE SUPERANNUATION ACT 1972 . . . . . . . . . . . . . . . . . . 59
WHISTLEBLOWERS PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . . 59
WORKERS' COMPENSATION ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . 60
1996
A BILL
FOR
An Act to amend certain Acts administered by the Minister for
Health, and for other purposes
s1 8 s4
Health Legislation Amendment (No. 2)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Health Legislation Amendment Act 4
(No. 2) 1996. 5
6
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 7
ART 2--AMENDMENT OF HEALTH SERVICES 8
P
ACT 1991 9
amended in pt 2 10
Act
Clause 3. This part amends the Health Services Act 1991. 11
of s 2 (Definitions) 12
Amendment
Clause 4.(1) Section 2, definitions "authorised officer", "authority", "health 13
service", "inspector", "private sector health service", "professional 14
association", "public sector", "public sector hospital", "region" and 15
"regional director"-- 16
omit. 17
(2) Section 2, definition "public sector health service", `operated' to 18
`sector'-- 19
omit, insert-- 20
`provided by the State'. 21
s4 9 s4
Health Legislation Amendment (No. 2)
(3) Section 2-- 1
insert-- 2
` "applied law", for a health service employee, means the provisions of the 3
Public Service Act 1996 as applied, under a regulation under section 22 4
of that Act, to the employee. 5
"appoint", a person as a health service employee, means-- 6
(a) for a person who is a public service officer or is already a tenured 7
health service employee--promote or redeploy the officer or 8
employee; or 9
(b) for another person--employ the person as a health service 10
employee. 11
"auditor" means a person holding office as an auditor under an 12
appointment under section 33. 13
"authorised person" means a person holding office as an authorised 14
person under an appointment under section 20. 15
"award" means an award under the Industrial Relations Act 1990 or 16
Industrial Relations Act 1988 (Cwlth). 17
"case mix funding arrangement" means the arrangement for funding 18
public sector health services that includes the system of funding based 19
on the classification of patient care episodes. 20
"casual health service employee" see section 5. 21
"chairperson", of a council, means the chairperson of the council. 22
"contracted health service employee" see section 5. 23
"council" means a district health council established under section 4A. 24
"designated smoking area" means an area designated as a smoking area 25
by signs erected by the chief executive. 26
"directive" means-- 27
(a) a directive issued under section 8; or 28
(b) a directive issued under the Public Service Act 1996 that is 29
binding on health service employees. 30
"dissolved authority" means a regional health authority formerly in 31
s4 10 s4
Health Legislation Amendment (No. 2)
existence under this Act. 1
"district" means a health service district declared under section 4. 2
"funding arrangement", for a public sector health service, means the 3
arrangement for funding the health service, and includes-- 4
(a) the arrangement for funding public sector health services under 5
the Medicare Agreement; and 6
(b) the case mix funding arrangement. 7
"health service" see section 2A. 8
"health service employee" means a person appointed under section 5. 9
"health services agreement", for a district, means an administrative 10
arrangement between the chief executive and the manager for the 11
district, about the delivery in the district of the public sector health 12
services under the arrangement and funds for their delivery. 13
"health services land" means land and buildings from which public sector 14
health services are delivered. 15
"higher classification level" means a classification level that is a higher 16
classification level under a directive. 17
"industrial agreement" means an industrial agreement, certified 18
agreement or enterprise flexibility agreement under the Industrial 19
Relations Act 1990. 20
"investigator" means a person holding office as an investigator under an 21
appointment under section 33. 22
"lower classification level" means a classification level that is a lower 23
classification level under a directive. 24
"manager", for a district, means the person appointed as the manager for 25
the district under section 4P. 26
"Medicare Agreement" means the agreement between the 27
Commonwealth and the State entered into under the Health Insurance 28
Act 1973 (Cwlth), section 24. 29
"member" means a member of a council. 30
"official" means an auditor or investigator. 31
"official traffic sign" has the meaning given by the Traffic Act 1949. 32
s5 11 s5
Health Legislation Amendment (No. 2)
"owner", of a vehicle, includes the person registered as the owner of the 1
vehicle under-- 2
(a) the Transport Infrastructure (Roads) Act 1991; or 3
(b) the corresponding law of another State or a Territory. 4
"promote", a public service officer or tenured health service employee, 5
means employ the officer or employee at a higher classification level 6
(whether or not on different duties), other than temporarily. 7
"public sector hospital" means a hospital operated by the State. 8
"public service officer" means a public service officer within the 9
department. 10
"redeploy", a public service officer or tenured health service employee, 11
means employ the officer or employee, with the officer or employee's 12
consent, at a lower classification level (whether or not on different 13
duties), other than temporarily. 14
"regulatory notice" see section 25. 15
"security officer" means a person holding office as a security officer under 16
an appointment under section 20. 17
"temporarily" means for a period limited by time, whether or not the time 18
has been fixed. 19
"temporary health service employee" see section 5. 20
"tenured health service employee" see section 5. 21
"vehicle" has the meaning given by the Traffic Act 1949.'. 22
of new s 2A 23
Insertion
Clause 5. After section 2-- 24
insert-- 25
of "health service" 26
`Meaning
`2A.(1) A "health service" is a service for maintaining, improving or 27
restoring people's health and wellbeing. 28
`(2) Without limiting subsection (1), a health service includes-- 29
s6 12 s6
Health Legislation Amendment (No. 2)
(a) a service provided to a person at a hospital, nursing home, 1
community health facility or other place; and 2
(b) a service dealing with public health, including a program or 3
activity for-- 4
(i) the prevention and control of disease or sickness; or 5
(ii) the prevention of injury. 6
7
Example of health service mentioned in paragraph (b)--
8
A childhood immunisation program.
`(3) In addition, a health service includes any administrative or other 9
support service directly related to a health service. 10
11
Examples of support services--
12
Catering and laundry services provided at a hospital.'.
of s 3 (Objects of Act) 13
Replacement
Clause 6. Section 3-- 14
omit, insert-- 15
of Act 16
`Objects
`3.(1) The objects of this Act are to-- 17
(a) help prevent illness; and 18
(b) provide for the treatment of the sick. 19
`(2) The objects are to be achieved primarily by-- 20
(a) establishing organisational arrangements for the delivery of public 21
sector health services in the State; and 22
(b) establishing district health councils to enable community 23
participation in the planning and delivery of public sector health 24
services in the State. 25
ct binds Crown 26
`A
`3A. This Act binds the Crown in right of the State, and, as far as the 27
s6 13 s6
Health Legislation Amendment (No. 2)
legislative power of the Parliament permits, the Crown in all its other 1
capacities. 2
ART 1A--HEALTH SERVICE DISTRICTS AND 3
`P
DISTRICT HEALTH COUNCILS 4
1--Declaration of districts and establishment of councils 5
`Division
service districts 6
`Health
`4. The Governor in Council may, by gazette notice-- 7
(a) declare an area of the State, a public sector hospital or other public 8
sector health service facility to be a health service district; and 9
(b) assign a name to the district. 10
health councils 11
`District
`4A. There is to be a district health council for each district. 12
`Division 2--Functions and membership of councils 13
unctions 14
`F
`4B.(1) The functions of a council are to-- 15
(a) identify and assess the health service needs of people living in the 16
council's district or who may use public sector health services 17
delivered in its district; and 18
(b) participate in the development of the department's strategic plans 19
for the delivery of public sector health services in the district; and 20
(c) monitor compliance with the strategic plans and health services 21
agreements by the manager for the district; and 22
(d) monitor compliance by the manager for the district with the 23
s6 14 s6
Health Legislation Amendment (No. 2)
budgets for the district; and 1
(e) monitor the quality of public sector health services delivered in 2
the district; and 3
(f) decide priorities for minor capital works, and monitor the 4
programs for the works and asset management, for the district; 5
and 6
(g) advise and make recommendations to the manager for the district 7
about the matters mentioned in paragraphs (a) to (f); and 8
(h) advise the manager for the district about the development of 9
health services agreements for the district; and 10
(i) within 1 month after the end of a financial year, give the Minister 11
a written report on the performance of its other functions during 12
the year; and 13
(j) when directed by the Minister or on the council's own initiative, 14
give the Minister a written report on any matter about its other 15
functions; and 16
(k) do anything necessary for, or incidental to, the performance of its 17
other functions. 18
`(2) In this section-- 19
"asset management" means the acquisition, disposal or maintenance of 20
assets. 21
"delivery", of public sector health services in a district, means the delivery 22
of the services under the health services agreement for the district. 23
"minor capital works" means capital works costing not more than the 24
amount stated in the chief executive's delegation under the Financial 25
Administration and Audit Act 1977, section 36A, to the manager for 26
the district. 27
in selection of senior executives 28
`Participation
`4C.(1) A council may, under this section, participate in the selection of a 29
senior executive for the council's district. 30
`(2) If a council decides to participate in the selection of a senior 31
executive, the chairperson is to be a member of the selection panel for the 32
s6 15 s6
Health Legislation Amendment (No. 2)
selection of the senior executive. 1
`(3) However, the chairperson may nominate another council member to 2
be a member of the selection panel instead of the chairperson. 3
`(4) In this section-- 4
"senior executive", for a district, means-- 5
(a) the manager for the district; or 6
(b) a member of a class of health service employee who-- 7
(i) is employed in the delivery of public sector health services in 8
the district; and 9
(ii) is declared to be a senior executive by the Minister. 10
of members 11
`Appointment
`4D.(1) A council is to consist of at least 8, but not more than 10, 12
members appointed by the Governor in Council. 13
`(2) Before making a recommendation to the Governor in Council for the 14
appointment of members of a council, the Minister must have regard to-- 15
(a) the need for community representation on the council; and 16
(b) the expertise and experience necessary for the exercise by the 17
council of its functions. 18
`(3) A council may include not more than 2 members from tertiary 19
institutions involved in educating and training health practitioners at public 20
sector health service facilities in the council's district. 21
`(4) In this section-- 22
"health practitioner" means a person engaged, or to be engaged, in the 23
delivery of a health service. 24
of council 25
`Chairperson
`4E.(1) The Governor in Council is to appoint a member as the 26
chairperson of the council. 27
`(2) The chairperson is to preside at all meetings of the council at which 28
the chairperson is present. 29
s6 16 s6
Health Legislation Amendment (No. 2)
`(3) If the chairperson is not present at a meeting, a member chosen by 1
the members present at the meeting is to preside. 2
of appointment 3
`Term
`4F. A member is to be appointed for a term of not more than 4 years. 4
from membership 5
`Disqualification
`4G.(1) A person cannot become, or continue as, a member if the 6
person-- 7
(a) is under 18 years; or 8
(b) is an undischarged bankrupt or is taking advantage of the laws 9
about bankruptcy; or 10
(c) is convicted of an indictable offence; or 11
(d) is employed in the delivery of a public sector health service in the 12
council's district. 13
`(2) The Minister may declare that subsection (1)(d) does not apply to a 14
stated person if the Minister determines it is not otherwise possible to 15
appoint the required number of members with the expertise and experience 16
necessary for the exercise of the council's functions, including, for example, 17
because of the remoteness of a council's district. 18
of office 19
`Vacation
`4H. A member is taken to have vacated office if the member-- 20
(a) dies; or 21
(b) resigns from office; or 22
(c) is disqualified from holding office; or 23
(d) is removed from office; or 24
(e) is absent without the council's leave and without reasonable 25
excuse from 3 consecutive meetings of the council. 26
s6 17 s6
Health Legislation Amendment (No. 2)
of members 1
`Remuneration
`4I.(1) A member is entitled to be paid the fees and allowances decided 2
by the Governor in Council. 3
`(2) However, a member may waive payment in whole or part. 4
`Division 3--Business and meetings of councils 5
onduct of business 6
`C
`4J. Subject to this division, a council may conduct its business 7
(including meetings) in the way it considers appropriate. 8
and places of meetings 9
`Times
`4K.(1) Meetings of a council are to be held at least once every 2 months 10
at the times and places the chairperson decides. 11
`(2) However, the chairperson must call a meeting of the council to 12
consider a matter, if directed to do so by the Minister, within the period 13
stated by the Minister. 14
and voting at meetings 15
`Quorum
`4L. At a meeting of a council-- 16
(a) a majority of the members of the council forms a quorum; and 17
(b) a question is to be decided by a majority of the votes of the 18
members present and voting; and 19
(c) each member present has a vote on each question to be decided; 20
and 21
(d) the chairperson of the council has a deliberative vote and, if the 22
votes are equal, also a casting vote. 23
by manager 24
`Attendance
`4M. The manager for a district must attend meetings of the district's 25
council. 26
s6 18 s6
Health Legislation Amendment (No. 2)
inutes 1
`M
`4N.(1) A council must keep minutes of its meetings. 2
`(2) The chairperson must provide copies of the minutes to the Minister, 3
if requested by the Minister. 4
of interests 5
`Disclosure
`4O.(1) This section applies if-- 6
(a) a member of a council has a direct or indirect personal interest in 7
an issue being considered, or about to be considered, by the 8
council; and 9
(b) the interest could conflict with the proper performance of the 10
member's duties in considering the issue. 11
`(2) The member must disclose the nature of the interest to a meeting of 12
the council as soon as practicable after the member becomes aware of the 13
possible conflict of interest. 14
`(3) The disclosure must be recorded in the minutes of the meeting. 15
`(4) Unless the council otherwise directs, the member must not-- 16
(a) be present when the council considers the issue; or 17
(b) take part in a decision of the council on the issue. 18
`(5) A member who makes a disclosure must not-- 19
(a) be present when the council is considering whether to give a 20
direction under subsection (4); or 21
(b) take part in the decision about giving the direction. 22
`(6) If, because of this section, a member is not present at a council 23
meeting for considering or deciding an issue, but there would be a quorum 24
if the member were present, the remaining members present are a quorum 25
for considering or deciding the issue at the meeting. 26
s6 19 s6
Health Legislation Amendment (No. 2)
`Division 4--Miscellaneous 1
for districts 2
`Managers
`4P.(1) There is to be a manager appointed for each district. 3
`(2) The manager is to be a public service officer or health service 4
employee. 5
`(3) The manager's functions are-- 6
(a) subject to the chief executive, to manage the delivery of public 7
sector health services in the manager's district in accordance with 8
the health services agreement for the district; and 9
(b) to consult and liaise with the council for the district on matters 10
about the council's functions. 11
`(4) The manager for a district must ensure the council has the 12
administrative support services reasonably required to carry out the 13
council's functions effectively and efficiently. 14
committees 15
`Consultative
`4Q.(1) A council may establish consultative committees to provide a 16
way for members of the public to express their views about the planning 17
and delivery of public sector health services in the district. 18
`(2) The Minister may give directions to a council about the 19
establishment of, and its relationship with, a consultative committee. 20
`(3) A member of a consultative committee is not to be paid any fees or 21
allowances. 22
PART 1B--HEALTH SERVICE EMPLOYEES 23
`
of health service employees 24
`Appointment
`5.(1) The chief executive may appoint a person, as a health service 25
employee, in the department for the delivery of public sector health services. 26
s6 20 s6
Health Legislation Amendment (No. 2)
`(2) However, subsection (1) does not apply to a part of the department 1
prescribed under a regulation for this subsection. 2
`(3) Appointment as a health service employee is-- 3
(a) on tenure (a "tenured health service employee"); or 4
(b) on contract for a fixed term (a "contracted health service 5
employee"); or 6
(c) on a temporary basis (a "temporary health service employee"); 7
or 8
(d) on a casual basis (a "casual health service employee"). 9
service employees not public service employees 10
`Health
`6. A health service employee is not a public service employee. 11
of employment 12
`Basis
`7.(1) Appointment as a tenured, contracted or temporary health service 13
employee is on the basis of full-time or part-time employment. 14
`(2) A person appointed as a contracted health service employee must 15
enter into a written contract of employment with the chief executive. 16
issued by Governor in Council 17
`Directives
`8.(1) The Governor in Council may issue directives about the 18
employment of health service employees. 19
20
Example of directive--
21
A directive issued about the selection process for health service employees.
`(2) A directive-- 22
(a) is to be issued by gazette notice; and 23
(b) is binding on the employees to whom it applies. 24
`(3) If a directive issued under this section is inconsistent with this or 25
another Act or subordinate legislation under this or another Act, the Act or 26
subordinate legislation prevails over the directive to the extent of the 27
inconsistency. 28
s7 21 s8
Health Legislation Amendment (No. 2)
of employment 1
`Conditions
`9.(1) A health service employee's conditions of employment are 2
governed by-- 3
(a) the applied law; and 4
(b) an award, industrial agreement or directive that is binding on the 5
employee; and 6
(c) if the employee is a contracted health service employee--the 7
employee's contract. 8
`(2) In addition, the chief executive may make determinations about the 9
conditions of employment of health service employees. 10
`(3) A determination has effect subject to subsection (1). 11
`(4) However, the chief executive may determine conditions of 12
employment for health service employees that are more favourable than 13
those contained in an award or industrial agreement binding on the 14
employee.'. 15
of pt 2, div 1 16
Omission
Clause 7. Part 2, division 1-- 17
omit. 18
of pts 3 and 4 19
Replacement
Clause 8. Parts 3 and 4-- 20
omit, insert-- 21
ART 3--CONTROL OF TRAFFIC AND CONDUCT 22
`P
ON HEALTH SERVICES LAND 23
1--Authorised persons and security officers 24
`Division
of authorised persons and security officers 25
`Appointment
`20.(1) The chief executive may, in writing, appoint a person who the 26
s8 22 s8
Health Legislation Amendment (No. 2)
chief executive is satisfied has the necessary training, or knowledge and 1
experience, to be an authorised person under this Act. 2
`(2) The chief executive may, in writing, appoint a person who the chief 3
executive is satisfied has the necessary training, or knowledge and 4
experience, to be a security officer under this Act. 5
`(3) A person may be appointed both an authorised person and a security 6
officer. 7
of appointment 8
`Terms
`21.(1) An authorised person or security officer holds office on the 9
conditions stated in the instrument of appointment. 10
`(2) If the instrument provides for a term of appointment, the authorised 11
person or security officer ceases to hold office at the end of the term. 12
`(3) An authorised person or security officer may resign by signed notice 13
given to the chief executive. 14
cards 15
`Identity
`22.(1) The chief executive must issue an identity card to each authorised 16
person and security officer. 17
`(2) The identity card must-- 18
(a) contain a recent photograph of the authorised person or security 19
officer; and 20
(b) be in a form approved by the chief executive; and 21
(c) be signed by the authorised person or security officer. 22
`(3) A person who ceases to be an authorised person or security officer 23
must, as soon as practicable, return the person's identity card to the chief 24
executive, unless the person has a reasonable excuse for not returning it. 25
Maximum penalty for subsection (3)--10 penalty units. 26
of authority 27
`Proof
`23.(1) An authorised person or security officer may exercise a power 28
s8 23 s8
Health Legislation Amendment (No. 2)
under this Act in relation to someone else only if the person or officer-- 1
(a) first produces his or her identity card for inspection by the other 2
person; or 3
(b) has his or her identity card displayed so that it is clearly visible. 4
`(2) If, for any reason, it is not practicable to comply with subsection (1), 5
the authorised person or security officer must produce the identity card for 6
inspection by the person at the first reasonable opportunity. 7
`(3) If subsection (2) is relevant and is complied with by an authorised 8
person or security officer, the exercise of a power in relation to someone 9
else by the authorised person or security officer is not invalid merely 10
because of subsection (1). 11
`Division 2--Traffic control 12
persons to control traffic on health services land 13
`Authorised
`24.(1) An authorised person may control traffic on health services land 14
and, for this purpose, may give directions to a person on the land. 15
`(2) The person must comply with the direction unless the person has a 16
reasonable excuse for not complying with it. 17
Maximum penalty for subsection (2)--10 penalty units. 18
notice 19
`Regulatory
`25.(1) The chief executive may erect or display on, or at or near any 20
vehicular entrance to, health services land, a notice (a "regulatory notice") 21
regulating the driving, parking or standing of vehicles on the land, 22
including, for example-- 23
(a) fixing a maximum speed limit; or 24
(b) indicating a pedestrian crossing; or 25
(c) indicating a place where the driving, parking or standing of a 26
vehicle is restricted or prohibited. 27
`(2) A person on health services land must comply with a regulatory 28
notice, unless the person has a reasonable excuse for not complying with it. 29
s8 24 s8
Health Legislation Amendment (No. 2)
Maximum penalty--10 penalty units. 1
`(3) A regulatory notice-- 2
(a) must state the limits of the area to which the notice applies; and 3
(b) may state that a contravention of the notice is an offence against 4
this Act and the penalty for the offence. 5
`(4) Without limiting subsection (1), the chief executive may erect and 6
display regulatory notices in the form of official traffic signs. 7
`(5) Evidence that a regulatory notice was erected or displayed at a place 8
mentioned in subsection (1) is evidence that the notice was erected or 9
displayed by the chief executive. 10
`(6) A regulatory notice erected or displayed under this section must be 11
easily visible to passers by. 12
notices 13
`Information
`26.(1) This section applies if a regulatory notice does not state that a 14
contravention of the notice is an offence against this Act and the penalty for 15
the offence. 16
`(2) The chief executive must erect or display at or near each vehicular 17
entrance to health services land to which the regulatory notice relates, and 18
other places the chief executive considers appropriate, information notices 19
stating that a contravention of a regulatory notice is an offence and the 20
penalty for the offence. 21
`(3) An information notice may contain any other information the chief 22
executive considers appropriate. 23
`(4) An information notice erected or displayed under this section must 24
be easily visible to passers by. 25
`(5) In this section-- 26
"regulatory notice" does not include an official traffic sign. 27
and detention of illegally parked or abandoned vehicles 28
`Removal
`27.(1) An authorised person may seize, remove and hold, a vehicle that 29
the authorised person believes on reasonable grounds-- 30
s8 25 s8
Health Legislation Amendment (No. 2)
(a) is parked in contravention of a regulatory notice; or 1
(b) is abandoned. 2
`(2) The vehicle must be held at a safe place. 3
`(3) An authorised person may exercise the powers on the grounds 4
mentioned in subsection (1)(a) only if-- 5
(a) the authorised person believes on reasonable grounds that it is 6
necessary or desirable to seize and remove the vehicle having 7
regard to the safety and convenience of traffic on health services 8
land; and 9
(b) the authorised person-- 10
(i) cannot immediately locate the driver of the vehicle; or 11
(ii) believes on reasonable grounds that the driver of the vehicle 12
is not willing or able to remove the vehicle immediately. 13
`(4) As soon as is practicable and no later than 14 days after the vehicle is 14
seized, the chief executive must give to the owner of the vehicle a written 15
notice stating how the owner may recover the vehicle. 16
`(5) If the owner cannot be ascertained or located within 14 days after the 17
vehicle is seized, the notice may be given by publishing it in a newspaper 18
circulating generally in the State. 19
`(6) If the vehicle was parked in contravention of a regulatory notice, the 20
owner of the vehicle must pay to the chief executive the cost of seizing, 21
removing, holding and returning the vehicle. 22
`(7) In this section-- 23
"vehicle" includes a part of the vehicle and anything attached to, or 24
contained in, the vehicle. 25
of unclaimed vehicles 26
`Disposal
`28.(1) This section applies if the owner of a seized vehicle does not 27
recover the vehicle within 2 months after notice is given to the owner under 28
section 27(4) or (5). 29
`(2) After publishing a notice in a newspaper circulating generally in the 30
State, the chief executive may sell the vehicle by public auction. 31
s8 26 s8
Health Legislation Amendment (No. 2)
`(3) The notice must-- 1
(a) identify the vehicle; and 2
(b) state that the vehicle is to be sold by auction; and 3
(c) state how the owner may recover the vehicle before the auction; 4
and 5
(d) state the time and place of the auction. 6
`(4) Compensation is not recoverable against the chief executive for the 7
sale of a vehicle under this section. 8
`(5) In this section-- 9
"vehicle" includes a part of the vehicle and anything attached to, or 10
contained in, the vehicle. 11
of proceeds of sale 12
`Application
`29.(1) The proceeds of the sale must be applied in the following order-- 13
(a) in payment of the reasonable expenses incurred in the sale; 14
(b) in payment of the reasonable cost of seizing, removing and 15
holding the vehicle; 16
(c) in payment of any balance to the owner. 17
`(2) Compensation is not recoverable against the chief executive for a 18
payment under this section. 19
3--Conduct on health services land 20
`Division
causing a public nuisance 21
`Conduct
`30. A person must not be disorderly or create a disturbance on health 22
services land. 23
Maximum penalty--20 penalty units. 24
s8 27 s8
Health Legislation Amendment (No. 2)
to deal with persons causing a public nuisance 1
`Power
`31.(1) This section applies if a security officer-- 2
(a) finds a person contravening section 30; or 3
(b) finds a person in circumstances that leads the security officer to 4
suspect on reasonable grounds that the person has just 5
contravened section 30; or 6
(c) has information that leads the security officer to suspect on 7
reasonable grounds that a person has just contravened section 30; 8
or 9
(d) reasonably believes, having regard to the way a person is 10
behaving, that the person's presence may pose a threat to the 11
safety of anyone else on or leaving the land; or 12
(e) has information that leads the security officer to believe, on 13
reasonable grounds, a person's presence may pose a threat to the 14
safety of anyone else on or leaving the land; or 15
(f) reasonably believes a person is on the land without lawful 16
justification or excuse. 17
`(2) The security officer may direct the person to leave health services 18
land or a part of health services land. 19
`(3) The person must comply with the direction unless the person has a 20
reasonable excuse for not complying with it. 21
Maximum penalty--10 penalty units. 22
of smoking 23
`Prohibition
`32.(1) A person must not smoke on health services land other than in a 24
designated smoking area. 25
`(2) If an authorised person or security officer finds a person smoking on 26
health services land in contravention of subsection (1), the authorised 27
person or security officer may direct the person-- 28
(a) to stop or refrain from smoking; or 29
(b) to leave the land or, if the person wishes to smoke, to smoke only 30
in a designated smoking area. 31
s8 28 s8
Health Legislation Amendment (No. 2)
`(3) The person must comply with the direction unless the person has a 1
reasonable excuse for not complying with it. 2
Maximum penalty for subsection (3)--10 penalty units. 3
ART 4--ADMINISTRATION 4
`P
1--Officials 5
`Division
of officials 6
`Appointment
`33.(1) The chief executive may appoint a person as an auditor or 7
investigator. 8
`(2) A person may be appointed as an auditor only if, in the opinion of 9
the chief executive, the person has the necessary expertise or experience to 10
be an auditor. 11
`(3) A person may be appointed as an investigator only if, in the opinion 12
of the chief executive, the person has the necessary expertise or experience 13
to be an investigator. 14
of appointment 15
`Terms
`34.(1) An official holds office on the conditions stated in the instrument 16
of appointment. 17
`(2) If the instrument provides for a term of appointment, the official 18
ceases to hold office at the end of the term. 19
`(3) An official may resign by signed notice given to the chief executive. 20
of auditors 21
`Functions
`35. The functions of an auditor are to verify patient and statistical data 22
reported under a funding arrangement. 23
s8 29 s8
Health Legislation Amendment (No. 2)
of investigators 1
`Functions
`36. The functions of an investigator are to investigate and report to the 2
chief executive on any matters relating to the management, administration 3
or delivery of public sector health services, including, for example, matters 4
relating to clinical practices and standards of health care in the delivery of 5
public sector health services. 6
of officials to ask for documents 7
`Power
`37.(1) An official may, in the exercise of the official's functions, ask an 8
officer or employee of the department to give to the official a document, 9
including a document containing confidential information, that-- 10
(a) is relevant to the official's functions stated in the official's 11
instrument of appointment; and 12
(b) is in the possession or control of the officer or employee. 13
`(2) The officer or employee must comply with the request. 14
`(3) If requested by the officer or employee, the official must produce the 15
official's instrument of appointment to the officer or employee. 16
`(4) The official may make copies of, and take extracts from, the 17
document. 18
`(5) In this section-- 19
"confidential information" means any information that-- 20
(a) is about a person who is receiving or has received a public sector 21
health service; and 22
(b) identifies, or is likely to identify, the person. 23
of confidentiality of officials 24
`Duty
`38.(1) This section applies to a person who-- 25
(a) is or has been an official; and 26
(b) in that capacity was given information. 27
`(2) A person to whom this section applies must not disclose the 28
information to anyone else. 29
s9 30 s9
Health Legislation Amendment (No. 2)
Maximum penalty--50 penalty units. 1
`(3) However, a person may disclose the information to someone else-- 2
(a) to the extent necessary to perform the person's functions under or 3
in relation to this Act; or 4
(b) if the disclosure is otherwise required or permitted by law. 5
2--General 6
`Division
advisory committees 7
`Ministerial
`39.(1) The Minister may establish as many advisory committees as the 8
Minister considers appropriate for the administration of the Act. 9
`(2) An advisory committee has the functions the Minister decides. 10
`(3) A member of an advisory committee is entitled to be paid the fees 11
and allowances decided by the Governor in Council. 12
`(4) However, a member may waive payment in whole or part. 13
of chief executive 14
`Responsibility
`40. The chief executive, subject to the Minister, has the overall 15
responsibility for the management, administration and delivery of public 16
sector health services in the State. 17
`PART 4A--PROVISION OF FACILITIES FOR FOOD 18
AND OTHER SERVICES'. 19
of s 62 (Confidentiality) 20
Amendment
Clause 9.(1) Section 62(1), `an authority or a public sector health service'-- 21
omit, insert-- 22
`the department'. 23
s9 31 s9
Health Legislation Amendment (No. 2)
(2) Section 62(1), `or has been' to `services from,'-- 1
omit, insert-- 2
`receiving or has received'. 3
(3) Section 62(2)-- 4
insert-- 5
`(f) to the giving of information to an official that is relevant to the 6
performance of the official's functions stated in the official's 7
instrument of appointment; or 8
(g) to the giving of information to the Commonwealth or a State, or 9
an entity of the Commonwealth or a State, by the chief executive 10
if the giving of the information-- 11
(i) is determined by the chief executive to be in the public 12
interest; and 13
(ii) is required to or may be given under an agreement that-- 14
(A) is between Queensland and the Commonwealth, State 15
or entity; and 16
(B) is prescribed under a regulation for this paragraph; or 17
(h) to the giving of information to another officer, employee or agent 18
of the department if-- 19
(i) the other officer, employee or agent is authorised in writing 20
by the chief executive to receive the information; and 21
(ii) the giving and receipt of the information is-- 22
(A) to give effect to or manage a funding arrangement; or 23
(B) to give the information under paragraph (g).'. 24
(4) Section 62-- 25
insert-- 26
`(2A) The Commonwealth, a State or entity that receives information 27
under an agreement under subsection (2)(g)-- 28
(a) must not give it to anyone else; and 29
(b) must ensure the information is used only for the purpose for 30
s 10 32 s 10
Health Legislation Amendment (No. 2)
which it was given under the agreement.'. 1
(5) Section 62(3), `an authority' to `service,'-- 2
omit, insert-- 3
`the department or a dissolved authority'. 4
(6) Section 62(3), `at the time when'-- 5
omit, insert-- 6
`immediately before'. 7
(7) Section 62-- 8
insert-- 9
`(4) This section does not apply to officials.1'. 10
of pt 8 (Savings and transitional provisions) 11
Replacement
Clause 10. Part 8-- 12
omit, insert-- 13
and renumbering of Act 14
`Numbering
`78. In the next reprint of this Act produced under the Reprints Act 1992, 15
the provisions of this Act must be numbered and renumbered as permitted 16
by the Reprints Act 1992, section 43. 17
1 See section 38 for duty of confidentiality applying to officials.
s 10 33 s 10
Health Legislation Amendment (No. 2)
`PART 6--REPEALS, SAVINGS AND TRANSITIONAL 1
PROVISIONS 2
1--Repeals 3
`Division
of certain by-laws 4
`Repeal
`79.(1) A by-law that was made under the repealed Act and is in force 5
immediately before the commencement of this section is repealed on the 6
commencement. 7
`(2) In this section-- 8
"repealed Act" means the Hospitals Act 1936. 9
`Division 2--Savings and transitional provisions for regional health 10
authorities 11
for pt 6, div 2 12
`Definition
`80. In this division-- 13
"authority" means a regional health authority in existence immediately 14
before the commencement of this section. 15
dissolved 16
`Authorities
`81. The authorities are dissolved on the commencement of this section. 17
and liabilities 18
`Assets
`82.(1) On the dissolution of the authorities-- 19
(a) the assets and liabilities of the authorities become assets and 20
liabilities of the State; and 21
(b) any contracts and agreements entered into by or on behalf of an 22
authority and all guarantees, undertakings and securities given by 23
or on behalf of or to the authority, in force immediately before the 24
s 10 34 s 10
Health Legislation Amendment (No. 2)
dissolution are taken to have been entered into or, as the case may 1
be, given by or to the State and may be enforced against or by the 2
State, accordingly. 3
`(2) Any property that, immediately before the dissolution was held in 4
trust by an authority, vests in the State on the same trusts to which the 5
property was subject immediately before the vesting. 6
7
`Proceedings
`83.(1) A proceeding by or against an authority that is not finished before 8
the commencement of this section may be continued or discontinued by or 9
against the State. 10
`(2) In addition a proceeding that could have been started by or against an 11
authority before the commencement may be started, continued and finished 12
by or against the State after the commencement. 13
employees 14
`Non-contract
`84.(1) This section applies to a person who, immediately before the 15
commencement of this section, was an employee of an authority (other than 16
an employee under an individual contract of employment). 17
`(2) If, immediately before the commencement, the person was 18
employed on conditions that most closely relate to-- 19
(a) a tenured health service employee--the person becomes a tenured 20
health service employee on the commencement; or 21
(b) a temporary health service employee--the person becomes a 22
temporary health service employee on the commencement; or 23
(c) a casual health service employee--the person becomes a casual 24
health service employee on the commencement. 25
`(3) If there is doubt about whether the person becomes a tenured, 26
temporary or casual health service employee and the person asks the chief 27
executive to make a declaration under this subsection, the chief executive 28
may declare that the person is a tenured, temporary or casual health service 29
employee. 30
s 10 35 s 10
Health Legislation Amendment (No. 2)
employees 1
`Contract
`85.(1) This section applies to a person who, immediately before the 2
commencement of this section, was employed by an authority under an 3
individual contract of employment. 4
`(2) On the commencement-- 5
(a) the person becomes a contracted health service employee; and 6
(b) the contract of employment is taken to have been made under this 7
Act between the person and the chief executive. 8
`(3) The contract is to be read with the changes necessary to make it 9
consistent with, and adapt its operation to, this Act. 10
`(4) Without limiting subsection (3), the contract is to be read as if a 11
reference to the authority is a reference to the chief executive. 12
rights and entitlements 13
`Employees'
`86.(1) This section applies to a person who-- 14
(a) immediately before the commencement of this section, was an 15
employee of an authority; and 16
(b) on the commencement becomes a health service employee. 17
`(2) On the commencement, the person's employment is on the same 18
conditions on which the person was employed by the authority. 19
`(3) In addition, the person-- 20
(a) retains all rights accrued or accruing to the person as an employee 21
of the authority; and 22
(b) is entitled to receive long service, recreation and sick leave and 23
any similar entitlements accrued or accruing to the person as an 24
employee of the authority. 25
`(4) The person's period of employment with the authority is taken to be 26
an equivalent period of employment with the department for any law about 27
the rights or entitlements. 28
`(5) In addition, the person-- 29
(a) retains all entitlements accrued or accruing to the person as a 30
s 10 36 s 10
Health Legislation Amendment (No. 2)
contributor to a fund or as a member of a superannuation scheme 1
under a superannuation Act; and 2
(b) is taken to continue to be a contributor or member under the 3
superannuation Act. 4
`(6) In this section-- 5
"superannuation Act" means the Public Service Superannuation Act 6
1958, State Service Superannuation Act 1972, Superannuation 7
(Government and Other Employees) Act 1988 or Superannuation 8
(State Public Sector) Act 1990. 9
by the chief executive 10
`Directions
`87.(1) A direction given by the chief executive under repealed section 58 11
and in force immediately before the commencement of this section is taken 12
to be a determination made by the chief executive under section 9(2). 13
`(2) The direction is to be read with the changes necessary to make it 14
consistent with, and adapt its operation to, this Act. 15
`(3) Without limiting subsection (2), the direction is to be read as if a 16
reference to an authority or a prescribed authority is a reference to the chief 17
executive. 18
`(4) In this section-- 19
"repealed section 58" means section 58 as in force immediately before the 20
commencement of this section. 21
action 22
`Disciplinary
`88.(1) If disciplinary action against an employee of an authority had 23
been started by the authority, but not finished, before the commencement of 24
this section, the action may be continued or discontinued by the chief 25
executive as if this section had not commenced. 26
`(2) If, immediately before the commencement, an authority could have 27
started disciplinary action against an employee of the authority, the chief 28
executive can start the action. 29
s 11 37 s 12
Health Legislation Amendment (No. 2)
in registers 1
`Entries
`89.(1) The registrar of titles and all persons who keep registers of 2
dealings in property must, if asked by the chief executive, make in the 3
registers all entries necessary to record the vesting of property in the State 4
under this part. 5
`(2) A request under this section is not liable to fees or stamp duty.'. 6
PART 3--AMENDMENT OF QUEENSLAND 7
INSTITUTE OF MEDICAL RESEARCH ACT 1945 8
amended in pt 3 9
Act
Clause 11. This part amends the Queensland Institute of Medical Research Act 10
1945. 11
of s 5 (Constitution of Council of The Queensland 12
Replacement
Institute of Medical Research) 13
Clause 12. Section 5-- 14
omit, insert-- 15
of Council 16
`Membership
`5.(1) The Council consists of the following members appointed by the 17
Governor in Council-- 18
(a) the chief health officer (an "official member"); 19
(b) the chairperson of the Trust (also an "official member"); 20
(c) 2 nominees of the National Health and Medical Research Council; 21
(d) 1 nominee of the senate of the University of Queensland; 22
(e) 1 nominee of the governing bodies of Griffith University, 23
Queensland University of Technology and any other tertiary 24
institutions prescribed under a regulation for this paragraph; 25
(f) 1 nominee of the Queensland branch of the Australian Medical 26
s 12 38 s 12
Health Legislation Amendment (No. 2)
Association; 1
(g) 1 nominee of the Royal Australasian College of Physicians; 2
(h) 1 nominee of the Royal Australasian College of Surgeons; 3
(i) 1 nominee of the controlling body of the Mater Misericordiae 4
Hospitals; 5
(j) 2 nominees of designated district health councils for districts in 6
which are situated hospitals where medical practitioners are 7
educated and trained; 8
(k) 1 lawyer; 9
(l) 2 persons who have knowledge of, or experience in, financial 10
management, business or public administration, or other matters 11
relevant to the Council's functions. 12
`(2) A nominee mentioned in subsection (1)(i) or (j) must-- 13
(a) have knowledge or experience in biomedical research, health 14
research, health service management or clinical practice; and 15
(b) be working at hospitals where medical practitioners are educated 16
and trained. 17
`(3) In this section-- 18
"designated district health council" means a district health council 19
designated by the Minister. 20
"district" means a district within the meaning of the Health Services Act 21
1991. 22
"district health council" means a council within the meaning of the Health 23
Services Act 1991. 24
Council members 25
`Nominee
`5A.(1) This section applies if an entity or body is to nominate a person 26
for a position on the Council mentioned in section 5(1)(c) to (j). 27
`(2) The Minister must give the entity or body written notice stating a 28
reasonable time within which it must nominate a person for the position. 29
`(3) The Minister may in the notice ask the entity or body to nominate 30
s 13 39 s 13
Health Legislation Amendment (No. 2)
more than the required number of persons for the position. 1
`(4) The Minister is to choose the person for the position from the 2
nominations received under a request under subsection (3) and the person 3
chosen is taken to be the nominee for the position. 4
`(5) If a request is not made under subsection (3) and the Minister 5
receives more than the required number of nominations for the position, the 6
Minister is to choose the nominee for the position from the nominations. 7
`(6) If the entity or body does not nominate a person for the position 8
within the time stated in the notice, the Minister may nominate a person for 9
the position and the nomination is taken to have been made by the entity or 10
body. 11
members' term of appointment 12
`Council
`5B. A member of the Council, other than an official member, is to be 13
appointed for a term of 3 years. 14
and deputy chairperson 15
`Chairperson
`5C.(1) The Governor in Council is to appoint a member of the Council 16
to be chairperson, and another member to be deputy chairperson, of the 17
Council. 18
`(2) A vacancy occurs in the office of chairperson or deputy chairperson 19
if the person holding the office resigns the office or ceases to be a member 20
of the Council. 21
`(3) However, a person resigning the office of chairperson or deputy 22
chairperson may continue to be a member of the Council.'. 23
of new s 6A 24
Insertion
Clause 13. After section 6-- 25
insert-- 26
Council member vacancy 27
`Nominee
`6A.(1) Before the Governor in Council appoints a person to fill a 28
vacancy caused by the office of a member becoming vacant before the 29
s 14 40 s 15
Health Legislation Amendment (No. 2)
vacating member's term is completed, any applicable nomination process 1
for appointment to the Council must be followed. 2
`(2) A person appointed to fill a casual vacancy on the Council holds 3
office for the balance of the vacating member's term.'. 4
of s 8B (Membership of Trust) 5
Amendment
Clause 14.(1) Section 8B(1), `, 1 of whom' to `chairperson),'-- 6
omit. 7
(2) Section 8B(2)-- 8
omit, insert-- 9
`(2) The Governor in Council is to appoint a member of the Trust to be 10
chairperson of the Trust. 11
`(3) A vacancy occurs in the office of chairperson if the person holding 12
the office resigns the office or ceases to be a member of the Trust. 13
`(4) However, a person resigning the office of chairperson may continue 14
to be a member of the Trust.'. 15
PART 4--MINOR AND CONSEQUENTIAL 16
AMENDMENTS 17
of Acts 18
Amendment
Clause 15. The schedule amends the Acts mentioned in it. 19
20
41
Health Legislation Amendment (No. 2)
CHEDULE 1
¡S
MINOR AND CONSEQUENTIAL AMENDMENTS OF 2
ACTS 3
section 15 4
MBULANCE SERVICE ACT 1991 5
´A
Amendment 6
1. Section 44(3)(g)-- 7
omit, insert-- 8
`(g) an employee of the department in which the Health Services Act 9
1991 is administered, authorised by the chief executive of that 10
department.'. 11
ENTAL TECHNICIANS AND DENTAL 12
´D
PROSTHETISTS ACT 1991 13
Amendment 14
1. Section 7(1)(f)-- 15
omit, insert-- 16
`(f) a dentist who is an officer or employee of the department;'. 17
2. Section 59-- 18
omit, insert-- 19
`Transitional provision for members of board 20
`59. The member of the board mentioned in section 7(1)(f) holding 21
office immediately before the commencement of this section continues to 22
42
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
hold office until-- 1
(a) the end of the member's term of office; or 2
(b) the member earlier vacates office.'. 3
DRUGS MISUSE ACT 1986 4
´
Amendment 5
1. Section 43A, definition "official identity card", paragraph (b)-- 6
omit, insert-- 7
`(b) if the authorised officer is an environmental health 8
officer--issued by the chief executive for health containing the 9
officer's photograph and identifying the person as an 10
environmental health officer.'. 11
2. Section 43A-- 12
insert-- 13
` "chief executive for health" means the chief executive of the department 14
in which the Health Act 1937 is administered.'. 15
FOOD ACT 1981 16
´
Amendment 17
1. Section 5, definition "regional health authority"-- 18
omit. 19
2. Section 24(2)(a), (b) and (c)-- 20
omit, insert-- 21
43
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
`(a) an officer or employee of the department; 1
(b) an officer of a local government nominated by it.'. 2
3. Section 24(5)(a), (b) and (c)-- 3
omit, insert-- 4
`(a) if the authorised officer is an officer or employee of the 5
department--the chief executive; 6
(b) if the authorised officer is an officer of a local government--the 7
local government.'. 8
4. Section 33(7)(c), (d) and (e)-- 9
omit, insert-- 10
`(c) if it was seized by an authorised officer who is an officer or 11
employee of the department--the property of the State; 12
(d) if it was seized by an authorised officer who is an officer of a 13
local government--the property of the local government.'. 14
5. Section 33(9), `regional health authority or'-- 15
omit. 16
6. Section 35(2)(aa)-- 17
omit. 18
7. Section 39(a)-- 19
omit, insert-- 20
`(a) an appropriately qualified officer or employee of the department; 21
or'. 22
44
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
8. Section 39(c)-- 1
omit. 2
9. Section 39-- 3
insert-- 4
`(2) In subsection (1)(a)-- 5
"appropriately qualified" includes having the qualifications, experience or 6
standing appropriate to exercise the power. 7
8
Example of `standing'--
9
A person's classification level in the department.'.
10. Section 39A(a)-- 10
omit, insert-- 11
`(a) an appropriately qualified officer or employee of the department; 12
or'. 13
11. Section 39A(c)-- 14
omit. 15
12. Section 39A-- 16
insert-- 17
`(2) In subsection (1)(a)-- 18
"appropriately qualified" includes having the qualifications, experience or 19
standing appropriate to exercise the power. 20
21
Example of `standing'--
22
A person's classification level in the department.'.
45
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
EALTH ACT 1937 1
´H
Amendment 2
1. Section 5(1)-- 3
insert-- 4
` "district" means a health service district declared under the Health 5
Services Act 1991. 6
"manager", for a district, means the manager for the district under the 7
Health Services Act 1991.'. 8
2. Section 31B, definition "hospital administrator"-- 9
omit, insert-- 10
` "hospital administrator" means the person having the control or 11
management of a hospital.'. 12
3. Section 100B, definition "prescribed person", paragraph (a)-- 13
omit, insert-- 14
`(a) in relation to a public hospital--the manager for the district in 15
which the hospital is situated; or'. 16
4. Section 100G, definition "prescribed person", paragraph (a)(ii)-- 17
omit, insert-- 18
`(ii) in relation to a public hospital--the manager for the district 19
in which the hospital is situated; or'. 20
46
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
EALTH RIGHTS COMMISSION ACT 1991 1
´H
Amendment 2
1. Section 3(1), definition "Regional Health Authority"-- 3
omit. 4
2. Section 3(3)-- 5
omit, insert-- 6
`(3) The Commissioner may, with the written approval of the Minister, 7
decide to treat a decision or action of an officer or employee of the 8
department as if it were a health service.'. 9
HEALTH SERVICES ACT 1991 10
´
Amendment 11
1. Title, `regional health authorities'-- 12
omit, insert-- 13
`district health councils,'. 14
2. Part 2 heading-- 15
omit, insert-- 16
`PART 2--TEACHING HOSPITALS AND QUALITY 17
ASSURANCE'. 18
3. Section 12(2), `an authority,'-- 19
omit, insert-- 20
`a'. 21
47
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
4. Section 12(3)(a), `an authority or another'-- 1
omit, insert-- 2
`a'. 3
5. Section 14(b)(i), `an authority or another'-- 4
omit, insert-- 5
`a'. 6
6. Section 17(3), `an authority or another'-- 7
omit, insert-- 8
`the'. 9
7. Part 5 heading-- 10
omit, insert-- 11
`PART 5--MISCELLANEOUS'. 12
8. Section 63(2)-- 13
omit. 14
9. Sections 64 to 68-- 15
omit. 16
10. Section 70-- 17
omit. 18
48
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
11. Part 6 heading-- 1
omit. 2
12. Sections 71 to 73-- 3
renumber as sections 41 to 43 and relocate to part 4A. 4
13. Part 7 heading-- 5
omit. 6
14. Section 76-- 7
omit. 8
15. Section 77(2)(c)(i), `by authorities'-- 9
omit. 10
16. Section 77(2)(c)(ii)-- 11
omit. 12
17. Section 77(2)(g), `an authority'-- 13
omit, insert-- 14
`the State'. 15
18. Section 77(2)(h), `an authority'-- 16
omit, insert-- 17
`the chief executive'. 18
49
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
19. Schedule-- 1
omit. 2
OSPITALS FOUNDATIONS ACT 1982 3
´H
Amendment 4
1. Section 4, definitions "hospital", "regional director" and "Regional 5
Health Authority"-- 6
omit. 7
2. Section 4-- 8
insert-- 9
` "associated district health council", for an associated hospital, means 10
the district health council for the health service district in which the 11
hospital is situated. 12
"district health council", for a health service district, means the district 13
health council under the Health Services Act 1991 for the district. 14
"health service district" means a health service district declared under the 15
Health Services Act 1991. 16
"hospital" means a public sector hospital within the meaning of the Health 17
Services Act 1991.'. 18
3. Section 18(3), from `Of the' to `corporate--'-- 19
omit, insert-- 20
`A body corporate is constituted by the following members--'. 21
4. Section 18(3)(a)-- 22
omit, insert-- 23
50
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
`(a) the chairperson of each associated district health council for the 1
hospitals that are, or are to be, the associated hospitals for the 2
body corporate, or the chairperson's nominee; and'. 3
5. Section 18(3)(b), `1 shall be'-- 4
omit. 5
6. Section 18(3)(c), from `2' to `Authority'-- 6
omit, insert-- 7
`at least 2 officers or employees'. 8
7. Section 18(3)(d), `the remainder shall be'-- 9
omit, insert-- 10
`other'. 11
8. Section 18(4)(a)-- 12
omit, insert-- 13
`(a) the associated district health councils for the hospitals that are, or 14
are to be, the associated hospitals for the body corporate; and'. 15
9. Section 18(4), `of the Regional Health Authority'-- 16
omit, insert-- 17
`of the associated district health councils'. 18
10. Section 19(1), `Regional Health Authority'-- 19
omit, insert-- 20
`associated district health councils'. 21
51
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
11. Section 19(1), `6 persons at the least,'-- 1
omit, insert-- 2
`persons'. 3
12. Section 19(2)(a), `Regional Health Authority'-- 4
omit, insert-- 5
`associated district health councils'. 6
13. Section 19(2)(b), `Authority concerned'-- 7
omit, insert-- 8
`associated district health councils'. 9
14. Section 19(2)(b), `Authority'-- 10
omit, insert-- 11
`council'. 12
15. Section 19(3), `Regional Health Authority concerned'-- 13
omit, insert-- 14
`associated district health councils'. 15
16. Section 37(1), `regional director'-- 16
omit, insert-- 17
`chief executive'. 18
17. Section 38, `the Authority'-- 19
omit, insert-- 20
`the chief executive'. 21
52
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
18. Section 38(1) and 38(2)(a), `Regional Health Authority that 1
controls an associated hospital'-- 2
omit, insert-- 3
`department'. 4
19. Section 38(2)(b), `that Regional Health Authority'-- 5
omit, insert-- 6
`the department'. 7
20. Sections 42 and 43-- 8
omit. 9
21. Section 44-- 10
omit, insert-- 11
`Bodies corporate are statutory bodies 12
`44. A body corporate is a statutory body under the Financial 13
Administration and Audit Act 1977.'. 14
22. Section 45-- 15
omit. 16
23. Section 74-- 17
omit, insert-- 18
`Transitional provision for certain members of bodies corporate 19
`74.(1) A health authority member continues to hold office until-- 20
(a) the end of the member's term of office; or 21
(b) the member earlier vacates office. 22
53
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
`(2) In this section-- 1
"health authority member" means a member of a body corporate who, 2
immediately before the commencement of this section, held office 3
under section 18(3)(c).'. 4
EDICAL ACT 1939 5
´M
Amendment 6
1. Section 25C, before `committee'-- 7
insert-- 8
`board or'. 9
2. Section 30F, before `committee'-- 10
insert-- 11
`board or'. 12
ENTAL HEALTH ACT 1974 13
´M
Amendment 14
1. Section 5(1), definition "Director-General"-- 15
omit. 16
2. Section 5(1), definition "hospital administrator", paragraph (b)-- 17
omit, insert-- 18
`(b) a public hospital--means the person having the control or 19
management of the hospital.'. 20
54
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
3. Section 5(1), definition "Regional Health Authority"-- 1
omit. 2
4. Section 5(1)-- 3
insert-- 4
` "chief health officer" means the chief health officer under the Health Act 5
1937.'. 6
5. Sections 7 to 10, 13, 50(1), 53 and 65(b), `Director-General'-- 7
omit, insert-- 8
`chief health officer'. 9
6. Sections 8 and 53(2)(b), `Director-General's'-- 10
omit, insert-- 11
`chief health officer's'. 12
7. Section 9 heading-- 13
omit, insert-- 14
`Chief health officer'. 15
8. Section 11-- 16
omit, insert-- 17
`Delegations 18
`11.(1) The Minister may delegate the Minister's powers under this Act 19
to an appropriately qualified officer or employee of the department. 20
`(2) The chief health officer may delegate the chief health officer's 21
powers under this Act to an appropriately qualified officer or employee of 22
the department. 23
55
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
`(3) The director may delegate the director's powers under this Act to an 1
appropriately qualified officer or employee of the department. 2
`(4) In this section-- 3
"appropriately qualified" includes having the qualifications, experience or 4
standing appropriate to exercise the power. 5
6
Example of `standing'--
7
A person's classification level in the department.'.
9. Section 16(3)-- 8
omit. 9
10. Section 72A-- 10
omit, insert-- 11
`Definition for pt 7 12
`72A. In this part-- 13
"administrator" means the hospital administrator of a psychiatric hospital, 14
security patients' hospital or other place established under 15
section 16(1).'. 16
11. Sections 73, 73A(2) and 73B, `authority'-- 17
omit, insert-- 18
`administrator'. 19
12. Section 73A(4), `authority's principal officer'-- 20
omit, insert-- 21
`chief executive'. 22
56
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
13. Sections 74 to 76-- 1
omit. 2
PENALTIES AND SENTENCES ACT 1992 3
´
Amendment 4
1. Section 176(1)(a), `a regional' to `1991'-- 5
omit, insert-- 6
`the chief executive of the department in which the Health Services Act 7
1991 is administered'. 8
2. Section 176(4)-- 9
omit, insert-- 10
`(4) The Health Services Act 1991, section 62, does not apply to an 11
officer, employee or agent of the department in which that Act is 12
administered, who gives a report or information to a court or the registrar of 13
the court for this part.'. 14
UBLIC SERVICE SUPERANNUATION ACT 1958 15
´P
Amendment 16
1. Section 4(1), definition "officer", paragraph (b)(ii)-- 17
omit. 18
57
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
PUBLIC TRUSTEE ACT 1978 1
´
Amendment 2
1. Section 105(4)-- 3
omit, insert-- 4
`(4) In this section-- 5
"governing body", of a hospital, means-- 6
(a) for a public sector hospital within the meaning of the Health 7
Services Act 1991--the chief executive of the department in 8
which that Act is administered; or 9
(b) for a private hospital--the licensee of the hospital within the 10
meaning of the Health Act 1937.'. 11
QUEENSLAND INSTITUTE OF MEDICAL 12
´
RESEARCH ACT 1945 13
Amendment 14
1. Section 2, definition "Council", `, and includes the chairperson and 15
any members of the Council'-- 16
omit. 17
2. Section 2-- 18
insert-- 19
` "chief health officer" means the chief health officer under the Health Act 20
1937. 21
"official member" see section 5.'. 22
58
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
3. Section 8D(g)-- 1
omit. 2
4. Section 8P, `the member ex officio'-- 3
omit, insert-- 4
`an official member'. 5
5. Section 9(1), after `with'-- 6
insert-- 7
`the chief executive on behalf of the State,'. 8
6. Section 9(1), from `any one' to `1991, and'-- 9
omit. 10
7. Section 17, heading-- 11
omit, insert-- 12
`Entities to cooperate in medical science research'. 13
8. Section 17, from `all' to `1991'-- 14
omit, insert-- 15
`the chief executive'. 16
9. Section 17, `any such Regional Health Authority'-- 17
omit, insert-- 18
`the chief executive'. 19
59
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
10. Section 17, `hospital of such Authority'-- 1
omit, insert-- 2
`public sector hospital, within the meaning of the Health Services Act 3
1991,'. 4
11. After section 21-- 5
insert-- 6
`Cessation of membership of Council 7
`22.(1) The members of the Council holding office immediately before 8
the commencement of this section cease to hold office on the 9
commencement. 10
`(2) This section expires the day it commences.'. 11
STATE SERVICE SUPERANNUATION ACT 1972 12
´
Amendment 13
1. Section 4(1), definition "officer", paragraph (d)(ii)-- 14
omit. 15
WHISTLEBLOWERS PROTECTION ACT 1994 16
´
Amendment 17
1. Schedule 1, entry for Regional Health Authority-- 18
omit. 19
2. Schedule 6, definitions "Regional Health Authority" and "relevant 20
department"-- 21
omit. 22
60
Health Legislation Amendment (No. 2)
SCHEDULE (continued)
3. Schedule 6-- 1
insert-- 2
` "relevant department", for an administrative office attached to a court or 3
tribunal, means the department in which is administered the Act under 4
which the court or tribunal is established.'. 5
WORKERS' COMPENSATION ACT 1990 6
´
Amendment 7
1. Section 5(1), definition "public hospital"-- 8
omit. 9
2. Section 5(1)-- 10
insert-- 11
` "public hospital" means a public sector hospital within the meaning of 12
the Health Services Act 1991.'. 13
3. Section 124D(4), definition "contract worker", paragraph (d)-- 14
omit, insert-- 15
`(d) as a contracted health service employee under the Health Services 16
Act 1991.'. 17
© State of Queensland 1996
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