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Queensland
Health Services Amendment
Bill 2006
Queensland
Health Services Amendment Bill 2006
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s 3 (Meaning of health service) . . . . . . . . . . . . . . 7
7 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3A Meaning of user . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 4 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . 8
9 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4A Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of pt 2, hdg (Health service districts and areas and
district health councils) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Omission of pt 2, div 1, hdg (Declaration of districts and areas
and establishment of councils) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Replacement of s 7, pt 2, divs 2 and 3 and pt 2, div 4, hdg . . . . . 10
Part 2A Chief executive's responsibility and functions
7 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Amendment of s 21A (General managers). . . . . . . . . . . . . . . . . . 11
14 Insertion of new s 21B and pt 2C, hdg . . . . . . . . . . . . . . . . . . . . . 11
21B General manager's functions . . . . . . . . . . . . . . . . . . . 11
15 Amendment of s 22 (Managers for districts) . . . . . . . . . . . . . . . . 12
16 Replacement of ss 23 and 23A . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23 Functions of manager for a district . . . . . . . . . . . . . . . 12
17 Amendment of s 24 (Appointment of health service employees) . 13
18 Amendment of s 26 (Basis of employment) . . . . . . . . . . . . . . . . . 14
19 Amendment of s 27 (Directives issued by Governor in Council) . 14
20 Amendment of s 28 (Conditions of employment) . . . . . . . . . . . . . 14
2
Health Services Amendment Bill 2006
21 Insertion of new pts 3A3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 3A Health executive service
28A Health executive service established . . . . . . . . . . . . . 14
28B Purpose of health executive service. . . . . . . . . . . . . . 14
28C Principles of health executive service employment . . 15
28D Composition of health executive service . . . . . . . . . . 15
28E Appointment of health executives. . . . . . . . . . . . . . . . 15
28F Basis of employment for health executives. . . . . . . . . 15
28G Performance review . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28H Exclusion of certain matters from review under other
Acts ............................. 16
28I Fixing of remuneration packages and classification
levels for health executives. . . . . . . . . . . . . . . . . . . . . 17
28J Transfer of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28K Consequence if transfer refused . . . . . . . . . . . . . . . . 18
Part 3B Health community councils
Division 1 Establishment of health community councils
28L Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2 Functions and membership of councils
28M Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28N Appointment of members . . . . . . . . . . . . . . . . . . . . . . 20
28O Chairperson of council . . . . . . . . . . . . . . . . . . . . . . . . 20
28P Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 20
28Q Disqualification from membership . . . . . . . . . . . . . . . 20
28R Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
28S When notice of resignation takes effect . . . . . . . . . . . 22
28T Remuneration of members . . . . . . . . . . . . . . . . . . . . . 22
Division 3 Business and meetings of councils
28U Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 22
28V Times and places of meetings . . . . . . . . . . . . . . . . . . 22
28W Attendance by manager . . . . . . . . . . . . . . . . . . . . . . . 22
28X Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
28Y Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 22
28Z Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
28ZA Tabling of council reports . . . . . . . . . . . . . . . . . . . . . . 23
Part 3C State-wide health services
28ZB Definition for pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3
Health Services Amendment Bill 2006
28ZC Establishment of State-wide health service . . . . . . . . 24
28ZD State-wide health service manager . . . . . . . . . . . . . . 24
22 Amendment of s 57C (Function of chief health officer) . . . . . . . . 25
23 Amendment, relocation and renumbering of s 59
(Responsibility of chief executive) . . . . . . . . . . . . . . . . . . . . . . . . 25
24 Insertion of new pt 9, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 6 Transitional provisions for Health Services
Amendment Act 2006
83 Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
84 Membership of councils . . . . . . . . . . . . . . . . . . . . . . . 26
85 Chairpersons of councils . . . . . . . . . . . . . . . . . . . . . . 27
86 Amalgamation of districts during transition period . . . 27
25 Consequential and other amendments of Acts . . . . . . . . . . . . . . 28
Schedule Consequential and other amendments of Acts . . . . . . . . . . . 29
Health Quality and Complaints Commission Act 2006. . . . . . . . . 29
Hospitals Foundations Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . 30
2006
A Bill
for
An Act to amend the Health Services Act 1991, and for other
purposes
s1 6 s5
Health Services Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Health Services Amendment Act 3
2006. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Health Services Act 1991. 8
Clause 4 Amendment of long title 9
Long title, `district health'-- 10
omit, insert-- 11
`health community'. 12
Clause 5 Amendment of s 2 (Definitions) 13
(1) Section 2, definition council-- 14
omit. 15
(2) Section 2-- 16
insert-- 17
`commencement, for part 9, division 6, see section 83. 18
council means a health community council established under 19
section 28L. 20
former council, for part 9, division 6, see section 83. 21
health executive means a person who is appointed, under 22
section 28E, as a member of the health executive service. 23
health executive service means the health executive service 24
established under section 28A. 25
s6 7 s7
Health Services Amendment Bill 2006
health service area plan, for a health service area, means a 1
plan that guides the development and delivery of public sector 2
health services in the health service area. 3
performance agreement means an agreement that states the 4
criteria against which the performance of a person in an 5
employment position is to be assessed. 6
resource allocation funding model means the arrangement 7
for funding public sector health services delivered in a health 8
service area based mainly on the number, composition and 9
health service needs of the area's residents. 10
State-wide health service, for part 3C, see section 28ZB. 11
State-wide health services plan means the plan that guides the 12
development and delivery of public sector health services in 13
Queensland. 14
transition period, for part 9, division 6, see section 83. 15
user see section 3A.'. 16
(3) Section 2, definition funding arrangement-- 17
insert-- 18
`(c) the resource allocation funding model.'. 19
Clause 6 Amendment of s 3 (Meaning of health service) 20
Section 3(2)(b)-- 21
insert-- 22
`(iii) the protection and promotion of health.'. 23
Clause 7 Insertion of new s 3A 24
After section 3-- 25
insert-- 26
`3A Meaning of user 27
`(1) User, of a public sector health service, means an individual 28
who uses or receives the public sector health service. 29
s8 8 s9
Health Services Amendment Bill 2006
`(2) An individual is not a user of a public sector health service 1
merely because the individual arranges a public sector health 2
service for another individual.'. 3
Clause 8 Amendment of s 4 (Objects of Act) 4
(1) Section 4(1)(a) and (b)-- 5
renumber as section 4(1)(b) and (c). 6
(2) Section 4(1)-- 7
insert-- 8
`(a) protect and promote health; and'. 9
(3) Section 4(1)(b), as renumbered, `illness'-- 10
omit, insert-- 11
`and control illness and injury'. 12
(4) Section 4(2)(b)-- 13
omit, insert-- 14
`(b) establishing health community councils to foster 15
community engagement in relation to, and monitor, the 16
delivery of public sector health services; and 17
(c) requiring the chief executive to prepare and give the 18
Minister reports about the performance of certain public 19
sector hospitals.'. 20
Clause 9 Insertion of new s 4A 21
After section 4-- 22
insert-- 23
`4A Guiding principles 24
`The principles intended to guide the achievement of this 25
Act's objects include the following-- 26
(a) the best interests of users of public sector health services 27
should be the main consideration in all decisions and 28
actions under this Act; 29
(b) there should be a commitment to ensuring quality and 30
safety in the delivery of public sector health services; 31
s 10 9 s 11
Health Services Amendment Bill 2006
(c) there should be responsiveness to the needs of users of 1
public sector health services about the delivery of public 2
sector health services; 3
(d) information about the delivery of public sector health 4
services should be provided to the community in an 5
open and transparent way; 6
(e) there should be a commitment to ensuring that places at 7
which public sector health services are delivered are 8
places at which-- 9
(i) employees are free from bullying, harassment and 10
discrimination; and 11
(ii) employees are respected and diversity is embraced; 12
(f) there should be openness to complaints from users of 13
public sector health services and a focus on dealing with 14
the complaints quickly and transparently; 15
(g) there should be collaboration with clinicians in 16
planning, developing and delivering public sector health 17
services; 18
(h) opportunities for research and development relevant to 19
the delivery of public sector health services should be 20
promoted; 21
(i) opportunities for training and education relevant to the 22
delivery of public sector health services should be 23
promoted.'. 24
Clause 10 Amendment of pt 2, hdg (Health service districts and 25
areas and district health councils) 26
Part 2, heading, `and district health councils'-- 27
omit. 28
Clause 11 Omission of pt 2, div 1, hdg (Declaration of districts and 29
areas and establishment of councils) 30
Part 2, division 1, heading-- 31
omit. 32
s 12 10 s 12
Health Services Amendment Bill 2006
Clause 12 Replacement of s 7, pt 2, divs 2 and 3 and pt 2, div 4, hdg 1
Section 7, part 2, divisions 2 and 3 and part 2, division 4, 2
heading-- 3
omit, insert-- 4
`Part 2A Chief executive's responsibility 5
and functions 6
`7 Functions 7
`(1) The chief executive has the following functions under this 8
Act-- 9
(a) providing strategic leadership and direction in relation 10
to the delivery of public sector health services, so as to 11
protect, promote and maintain the health of Queensland 12
residents; 13
(b) ensuring the development of a State-wide health 14
services plan; 15
(c) ensuring available resources for the delivery of public 16
sector health services are used effectively and 17
efficiently; 18
(d) entering into performance agreements with general 19
managers appointed for health service areas; 20
(e) entering into performance agreements with health 21
executives, other than health executives who have 22
entered into performance agreements with general 23
managers appointed for health service areas; 24
(f) performing other functions given to the chief executive 25
under this Act. 26
`(2) In performing the functions the chief executive must have 27
regard to the objects of, and guiding principles for, this Act. 28
`Part 2B General managers'. 29
s 13 11 s 14
Health Services Amendment Bill 2006
Clause 13 Amendment of s 21A (General managers) 1
(1) Section 21A, heading-- 2
omit, insert-- 3
`21A Appointment of general managers'. 4
(2) Section 21A(2), `health service employee'-- 5
omit, insert-- 6
`health executive'. 7
(3) Section 21A(3) and (4)-- 8
omit. 9
Clause 14 Insertion of new s 21B and pt 2C, hdg 10
After section 21A-- 11
insert-- 12
`21B General manager's functions 13
`(1) The general manager of a health service area has the 14
following functions-- 15
(a) leading the delivery of public sector health services in 16
the health service area to ensure the services are of high 17
quality, safe and cost-effective; 18
(b) leading the delivery of particular public sector health 19
services, within and outside the health service area, as 20
directed by the chief executive; 21
(c) ensuring the development of a health service area plan 22
for the health service area that complements the 23
State-wide health services plan; 24
(d) allocating available resources to a public sector health 25
service delivered in the health service area in 26
accordance with-- 27
(i) the health service area plan for the health service 28
area; and 29
(ii) any funding arrangement for the public sector 30
health service; 31
s 15 12 s 16
Health Services Amendment Bill 2006
(e) developing a health services agreement for each district 1
situated in the health service area; 2
(f) entering into a performance agreement with the 3
manager for each district situated in the health service 4
area; 5
(g) performing other functions as directed by the chief 6
executive. 7
`(2) In performing the functions, the general manager-- 8
(a) is subject to the chief executive; and 9
(b) must have regard to the objects of, and guiding 10
principles for, this Act. 11
`Part 2C Managers for districts'. 12
Clause 15 Amendment of s 22 (Managers for districts) 13
(1) Section 22, heading-- 14
omit, insert-- 15
`22 Appointment of managers for districts'. 16
(2) Section 22(2), `health service employee'-- 17
omit, insert-- 18
`health executive'. 19
(3) Section 22(3) to (5)-- 20
omit. 21
Clause 16 Replacement of ss 23 and 23A 22
Sections 23 and 23A-- 23
omit, insert-- 24
`23 Functions of manager for a district 25
`(1) The manager for a district has the following functions-- 26
s 17 13 s 17
Health Services Amendment Bill 2006
(a) managing the delivery of public sector health services in 1
the district in accordance with the health services 2
agreement for the district; 3
(b) implementing the health service area plan for the health 4
service area in which the district is situated, in so far as 5
the plan relates to the district; 6
(c) effectively and efficiently applying available resources 7
for the performance of the manager's functions; 8
(d) ensuring there is a system to deal with any complaints 9
from users of public sector health services delivered in 10
the district; 11
(e) ensuring each council for the district has the 12
administrative support services reasonably required to 13
perform the council's functions effectively and 14
efficiently; 15
(f) giving each council for the district written reports about 16
the quality and safety of, and access to, public sector 17
health services delivered in the district; 18
(g) performing other functions as directed by the chief 19
executive or relevant general manager for the district. 20
`(2) In performing the functions, the manager-- 21
(a) is subject to the chief executive and relevant general 22
manager for the district; and 23
(b) must have regard to the objects of, and guiding 24
principles for, this Act. 25
`(3) In this section-- 26
relevant general manager, for a district, means the general 27
manager appointed for the health service area in which the 28
district is included.'. 29
Clause 17 Amendment of s 24 (Appointment of health service 30
employees) 31
Section 24(1), after `executive'-- 32
insert-- 33
`or the general manager appointed for a health service area'. 34
s 18 14 s 21
Health Services Amendment Bill 2006
Clause 18 Amendment of s 26 (Basis of employment) 1
Section 26(2), after `executive'-- 2
insert-- 3
`or the general manager appointed for a health service area'. 4
Clause 19 Amendment of s 27 (Directives issued by Governor in 5
Council) 6
Section 27-- 7
insert-- 8
`(4) This section does not apply to a health executive.'. 9
Clause 20 Amendment of s 28 (Conditions of employment) 10
Section 28-- 11
insert-- 12
`(5) This section does not apply to a health executive.'. 13
Clause 21 Insertion of new pts 3A3C 14
After section 28-- 15
insert-- 16
`Part 3A Health executive service 17
`28A Health executive service established 18
`The health executive service is established. 19
`28B Purpose of health executive service 20
`The health executive service is established to promote 21
effectiveness and efficiency in the delivery of public sector 22
health services by attracting, developing and retaining a core 23
of mobile, highly skilled health executives. 24
s 21 15 s 21
Health Services Amendment Bill 2006
`28C Principles of health executive service employment 1
`Employment in the health executive service is to be directed 2
towards ensuring that health executives-- 3
(a) develop a State-wide perspective about the delivery of 4
public sector health services; and 5
(b) continue their executive development; and 6
(c) develop their skills through their deployment within and 7
outside the department. 8
`28D Composition of health executive service 9
`The health executive service consists of the following-- 10
(a) general managers appointed for health service areas; 11
(b) managers for districts; 12
(c) other persons appointed under this part as health 13
executives. 14
`28E Appointment of health executives 15
`(1) The chief executive may appoint a person to be a health 16
executive. 17
`(2) At the time of the appointment, the person must-- 18
(a) be a health service employee; or 19
(b) also be appointed by the chief executive as a health 20
service employee. 21
`28F Basis of employment for health executives 22
`(1) Each person appointed as a health executive must enter into a 23
written contract of employment with the chief executive. 24
`(2) The person's conditions of employment are governed by this 25
Act and the contract. 26
`(3) The contract of employment must state-- 27
(a) the term, not longer than 5 years, of the person's 28
employment; and 29
s 21 16 s 21
Health Services Amendment Bill 2006
(b) that, if the person's employment as a health executive 1
continues to the end of the term, a further contract may 2
be entered into under this section; and 3
(c) the person's functions; and 4
(d) that the person must meet any performance criteria set 5
by the chief executive; and 6
(e) the person's classification level, and the remuneration to 7
which the person is entitled; and 8
(f) that the person may resign by signed notice of 9
resignation given to the chief executive at least 1 month 10
before the notice is to take effect; and 11
(g) that the person's appointment and contract of 12
employment may be terminated by the chief executive 13
by written notice signed by the chief executive and given 14
to the person at least 1 month before it is to take effect. 15
`28G Performance review 16
`(1) A health executive's performance in that capacity must be 17
reviewed, at least annually, by the chief executive. 18
`(2) The review must have regard to any performance criteria, 19
including, for example, performance criteria contained in-- 20
(a) the contract of employment between the chief executive 21
and health executive; and 22
(b) the performance agreement for the relevant employment 23
position. 24
`28H Exclusion of certain matters from review under other 25
Acts 26
`(1) An excluded matter, or a matter affecting or relating to an 27
excluded matter, is not an industrial matter for the Industrial 28
Relations Act 1999. 29
`(2) However, this section has no effect on the Industrial Relations 30
Act 1999, section 276.1 31
1 Industrial Relations Act 1999, section 276 (Power to amend or void contracts)
s 21 17 s 21
Health Services Amendment Bill 2006
`(3) Without limiting subsection (1), awards and industrial 1
agreements do not apply to a health executive. 2
`(4) A decision about an excluded matter can not be challenged, 3
appealed against, reviewed, quashed, set aside, or called in 4
question in another way, under the Judicial Review Act 1991. 5
`(5) In this section-- 6
excluded matter means-- 7
(a) a decision to appoint, or not to appoint, a person as a 8
health executive; or 9
(b) the contract of employment of, or the application of this 10
part or a provision of this part to, a health executive. 11
`28I Fixing of remuneration packages and classification 12
levels for health executives 13
`(1) The chief executive may from time to time fix the 14
remuneration packages for health executives and the 15
classification levels at which they are to be employed. 16
`(2) In exercising the chief executive's powers under subsection 17
(1), the chief executive must have regard to-- 18
(a) despite section 27(4), any relevant directives issued 19
under section 27; and 20
(b) the remuneration packages and classification levels for 21
public sector employees employed in Queensland or 22
other States; and 23
(c) the remuneration arrangements for similar private sector 24
employees employed in Queensland. 25
`28J Transfer of officers 26
`(1) The chief executive may transfer health executives. 27
`(2) The transfer of a health executive under this section-- 28
(a) may involve a change in the location where the health 29
executive performs functions; and 30
(b) has effect despite anything in the contract under which 31
the health executive is employed. 32
s 21 18 s 21
Health Services Amendment Bill 2006
`28K Consequence if transfer refused 1
`(1) If a health executive is transferred under section 28J, the 2
transfer has effect unless the health executive establishes 3
reasonable grounds for refusing the transfer to the satisfaction 4
of the chief executive. 5
`(2) If the health executive refuses the transfer after failing to 6
establish reasonable grounds for refusing the transfer to the 7
chief executive's satisfaction, the chief executive may end the 8
health executive's employment by signed notice given to the 9
health executive. 10
`(3) If the health executive establishes reasonable grounds to the 11
chief executive's satisfaction-- 12
(a) the transfer is cancelled; and 13
(b) the refusal must not be used to prejudice the health 14
executive's prospects for future promotion or 15
advancement. 16
`Part 3B Health community councils 17
`Division 1 Establishment of health community 18
councils 19
`28L Establishment 20
`(1) The Minister may establish as many health community 21
councils for a district as the Minister considers appropriate for 22
the administration of this Act. 23
`(2) However, there is to be at least 1 health community council 24
for each district. 25
s 21 19 s 21
Health Services Amendment Bill 2006
`Division 2 Functions and membership of 1
councils 2
`28M Functions 3
`A council is an advisory body having the following 4
functions-- 5
(a) undertaking community engagement activities about the 6
health of, or health care for, the community, including, 7
for example-- 8
(i) obtaining information and feedback from users of 9
public sector health services about public sector 10
health service issues; and 11
(ii) considering planning proposals in relation to the 12
delivery of public sector health services, and 13
facilitating community debate and feedback on the 14
proposals; and 15
(iii) advocating for users of public sector health 16
services, so as to influence decision-making about 17
the delivery of the services; 18
(b) monitoring the quality, safety and effectiveness of 19
public sector health services delivered in the council's 20
district; 21
(c) considering and evaluating reports about the delivery of 22
public sector health services in the council's district; 23
(d) enhancing community education about the delivery of 24
public sector health services; 25
(e) advising, and making recommendations to, the manager 26
for the council's district about the matters mentioned in 27
paragraphs (a) to (d); 28
(f) giving the Minister, within 3 months after the end of 29
each year, a written report on the performance of its 30
other functions during the year; 31
(g) performing other functions as directed by the Minister. 32
s 21 20 s 21
Health Services Amendment Bill 2006
`28N Appointment of members 1
`(1) A council is to consist of not more than 8 members appointed 2
by the Minister. 3
`(2) The Minister may only appoint as members persons 4
nominated as suitable for appointment by the Health Quality 5
and Complaints Commission. 6
7
Note--
8
It is a function of the Health Quality and Complaints Commission under
9
the Health Quality and Complaints Commission Act 2006, section 16(d)
10
to nominate to the Minister persons it considers suitable for appointment
11
as members of councils.
`(3) A council must, if practicable, include at least 1 member who 12
is a general practitioner. 13
`(4) A council must not include more than 1 member who is 14
engaged in the delivery of public sector health services in the 15
council's district. 16
`28O Chairperson of council 17
`(1) The Minister is to appoint a member as the chairperson of a 18
council. 19
`(2) The chairperson is to preside at all meetings of the council at 20
which the chairperson is present. 21
`(3) If the chairperson is not present at a meeting, a member 22
chosen by the members present at the meeting is to preside. 23
`28P Term of appointment 24
`A member is to be appointed for a term of not more than 4 25
years. 26
`28Q Disqualification from membership 27
`(1) A person can not become, or continue as, a member if the 28
person-- 29
(a) is under 18 years; or 30
(b) is an insolvent under administration within the meaning 31
of the Corporations Act, section 9; or 32
s 21 21 s 21
Health Services Amendment Bill 2006
(c) is convicted of an indictable offence. 1
`(2) In subsection (1)(c), mention of a conviction does not include 2
a conviction that is not part of the person's criminal history. 3
`(3) The Minister may ask the commissioner of the police service 4
for a written report about the person's criminal history. 5
`(4) If asked by the Minister, the commissioner of the police 6
service must give the Minister a written report about the 7
criminal history of the person, including the criminal history 8
in the commissioner's possession or to which the 9
commissioner has access. 10
`(5) In this section-- 11
convicted, of an offence, means being found guilty of the 12
offence, on a plea of guilty or otherwise, whether or not a 13
conviction is recorded. 14
convicted of an indictable offence includes convicted of an 15
indictable offence dealt with summarily, whether or not the 16
Criminal Code, section 659 applies to the indictable offence. 17
criminal history, of a person, means the person's criminal 18
history as defined under the Criminal Law (Rehabilitation of 19
Offenders) Act 1986, other than convictions for which the 20
rehabilitation period has expired, and has not been revived, 21
under that Act. 22
Minister includes a person authorised by the Minister for this 23
section. 24
`28R Vacation of office 25
`A member is taken to have vacated office if the member-- 26
(a) resigns from office by signed notice of resignation given 27
to the Minister; or 28
(b) is disqualified from holding office; or 29
(c) is removed from office; or 30
(d) is absent without the council's leave and without 31
reasonable excuse from 3 consecutive meetings of the 32
council. 33
s 21 22 s 21
Health Services Amendment Bill 2006
`28S When notice of resignation takes effect 1
`A notice of resignation under section 28R(a) takes effect 2
when the notice is given to the Minister or, if a later time is 3
stated in the notice, the later time. 4
`28T Remuneration of members 5
`A member is entitled to be paid the fees and allowances 6
decided by the Governor in Council. 7
`Division 3 Business and meetings of councils 8
`28U Conduct of business 9
`Subject to this division, a council may conduct its business, 10
including meetings, in the way it considers appropriate. 11
`28V Times and places of meetings 12
`(1) Meetings of a council are to be held at least once every 2 13
months at the times and places the chairperson decides. 14
`(2) However, the chairperson must call a meeting of the council 15
to consider a matter, if directed to do so by the Minister, 16
within the period stated by the Minister. 17
`28W Attendance by manager 18
`The manager for a district must attend meetings of each 19
council for the district. 20
`28X Minutes 21
`A council must keep minutes of its meetings. 22
`28Y Disclosure of interests 23
`(1) This section applies if-- 24
s 21 23 s 21
Health Services Amendment Bill 2006
(a) a member of a council has a direct or indirect personal 1
interest in an issue being considered, or about to be 2
considered, by the council; and 3
(b) the interest could conflict with the proper performance 4
of the member's duties in considering the issue. 5
`(2) The member must disclose the nature of the interest to a 6
meeting of the council as soon as practicable after the member 7
becomes aware of the possible conflict of interest. 8
`(3) The disclosure must be recorded in the minutes of the 9
meeting. 10
`(4) Unless the council otherwise directs, the member must not-- 11
(a) be present when the council considers the issue; or 12
(b) take part in a decision of the council on the issue. 13
`(5) A member who makes a disclosure must not-- 14
(a) be present when the council is considering whether to 15
give a direction under subsection (4); or 16
(b) take part in the decision about giving the direction. 17
`(6) If, because of this section, a member is not present at a council 18
meeting for considering or deciding an issue, but there would 19
be a quorum if the member were present, the remaining 20
members present are a quorum for considering or deciding the 21
issue at the meeting. 22
`28Z Guidelines 23
`(1) The Minister may issue guidelines about a matter relating to a 24
function of a council under section 28M. 25
`(2) A guideline is for the guidance of councils. 26
`(3) If a guideline is inconsistent with this or another Act, the Act 27
prevails over the guideline to the extent of the inconsistency. 28
`28ZA Tabling of council reports 29
`(1) This section applies to a report for a year given to the Minister 30
by a council under section 28M(f). 31
s 21 24 s 21
Health Services Amendment Bill 2006
`(2) The Minister must table the report in the Legislative 1
Assembly within 1 month of receiving it. 2
`Part 3C State-wide health services 3
`28ZB Definition for pt 3C 4
`In this part-- 5
State-wide health service see section 28ZC. 6
`28ZC Establishment of State-wide health service 7
`The Governor in Council may, by gazette notice, establish a 8
public sector health service (a State-wide health service) that 9
is to be delivered in more than 1 district. 10
`28ZD State-wide health service manager 11
`(1) There is to be a manager appointed for each State-wide health 12
service. 13
`(2) The manager is to be a health service employee. 14
`(3) The manager's functions in relation to the State-wide health 15
service for which the manager is appointed are the 16
following-- 17
(a) to manage the delivery of the State-wide health service 18
in accordance with the State-wide health service 19
agreement for the State-wide health service; 20
(b) to implement the State-wide health services plan in 21
relation to the delivery of the State-wide health service; 22
(c) to ensure available resources for the delivery of the 23
State-wide health service are used effectively and 24
efficiently; 25
(d) to perform other functions as directed by the chief 26
executive. 27
`(4) In performing the functions-- 28
s 22 25 s 24
Health Services Amendment Bill 2006
(a) the manager is subject to the chief executive; and 1
(b) the manager must have regard to the objects of, and 2
guiding principles for, this Act. 3
`(5) In this section-- 4
chief executive includes a person authorised by the chief 5
executive for this section. 6
State-wide health service agreement, for a State-wide health 7
service, means an administrative arrangement between the 8
chief executive and manager appointed under this section for 9
the State-wide health service about the delivery of the 10
State-wide health service in more than 1 district under the 11
arrangement and funds for its delivery.'. 12
Clause 22 Amendment of s 57C (Function of chief health officer) 13
Section 57C, `and mental health'-- 14
omit, insert-- 15
`, communicable diseases, environmental health, health 16
promotion, alcohol or tobacco consumption, and drug use'. 17
Clause 23 Amendment, relocation and renumbering of s 59 18
(Responsibility of chief executive) 19
(1) Section 59, heading, `of chief executive'-- 20
omit. 21
(2) Section 59-- 22
relocate to part 2A, as inserted by this Act, and renumber as 23
section 6B. 24
Clause 24 Insertion of new pt 9, div 6 25
After section 82-- 26
insert-- 27
s 24 26 s 24
Health Services Amendment Bill 2006
`Division 6 Transitional provisions for Health 1
Services Amendment Act 2006 2
`83 Definitions for div 6 3
`In this division-- 4
commencement means commencement of this section. 5
former council, for a district, means the district health council 6
for the district in existence immediately before the 7
commencement. 8
transition period means the period from the commencement 9
to 30 June 2007. 10
`84 Membership of councils 11
`(1) From the commencement, a council for a district consists of 12
the existing members of the former council for the district. 13
`(2) An existing member holds office as a member of the council 14
until the earlier of the following days-- 15
(a) the last day of the transition period; 16
(b) if the existing member vacates office under this Act 17
before the day mentioned in paragraph (a)--the day the 18
existing member vacates office. 19
`(3) Subsection (2)(a) applies subject to the appointment of 20
members of the council, under section 28N(1), during the 21
transition period. 22
`(4) The Minister may, under this section, appoint a person to fill 23
the office of a member of a first council if it is vacant. 24
`(5) Subject to subsection (3), this section has effect despite 25
sections 28N and 28P.2 26
`(6) In this section-- 27
existing member, of a former council for a district, means a 28
person who immediately before the commencement held 29
2 Sections 28N (Appointment of members) and 28P (Term of appointment)
s 24 27 s 24
Health Services Amendment Bill 2006
office as a member of the former council for the district. 1
first council means a council as constituted under this section. 2
`85 Chairpersons of councils 3
`(1) From the commencement, the existing chairperson of a 4
former council for a district is taken to be the chairperson of 5
the council for the district as constituted under section 84. 6
`(2) The existing chairperson holds office as the chairperson of the 7
council until the earlier of the following days-- 8
(a) the last day of the transition period; 9
(b) if the existing member vacates office under this Act 10
before the day mentioned in paragraph (a)--the day the 11
existing chairperson vacates office. 12
`(3) Subsection (2)(a) applies subject to the appointment of the 13
chairperson of the council, under 28O(1),3 during the 14
transition period. 15
`(4) Subject to subsection (3), this section has effect despite 16
section 28O(1). 17
`(5) In this section-- 18
existing chairperson, of a former council for a district, means 19
the person who immediately before the commencement held 20
office as the chairperson of the former council for the district. 21
`86 Amalgamation of districts during transition period 22
`(1) This section applies if, during the transition period, the 23
Governor in Council -- 24
(a) revokes 1 or more declarations, under section 6 of the 25
pre-amended Act, of adjoining areas of the State as 26
health service districts (the former districts); and 27
(b) declares, under section 6, an area of the State 28
comprising the areas mentioned in paragraph (a) as a 29
health service district (the new district). 30
3 Section 28O (Chairperson of council)
s 25 28 s 25
Health Services Amendment Bill 2006
`(2) The council for a former district is taken to be a council for 1
the new district. 2
`(3) In this section-- 3
pre-amended Act means this Act as in force before the 4
commencement of the Health Services Amendment Act 2006, 5
section 12.'. 6
Clause 25 Consequential and other amendments of Acts 7
The schedule amends the Acts mentioned in it. 8
29
Health Services Amendment Bill 2006
Schedule Consequential and other 1
amendments of Acts 2
section 25 3
Health Quality and Complaints Commission Act 2006 4
1 Section 16(d), `district health'-- 5
omit, insert-- 6
`health community'. 7
2 Section 170, `district health'-- 8
omit, insert-- 9
`health community'. 10
3 Section 170(2)(c), `10(3) and 13.' and note-- 11
omit, insert-- 12
`28N(3) and (4) and 28Q.'4 13
4 Section 240-- 14
omit. 15
5 Schedule 5, definition district health council-- 16
omit. 17
6 Schedule 5-- 18
insert-- 19
4 Health Services Act 1991, sections 28N (Appointment of members) and 28Q
(Disqualification from membership)
30
Health Services Amendment Bill 2006
Schedule (continued)
`health community council means a health community 1
council established under the Health Services Act 1991, 2
section 28L.'. 3
Hospitals Foundations Act 1982 4
1 Section 4, definitions associated district health council 5
and district health council-- 6
omit. 7
2 Section 4-- 8
insert-- 9
`associated health community council, for an associated hospital, 10
means a health community council for the health service district in 11
which the hospital is situated. 12
health community council, for a health service district, means a 13
health community council established under the Health Services 14
Act 1991, section 28L for the health service district.'. 15
3 Section 4, definition appointed member, `thereof ex 16
officio'-- 17
omit, insert-- 18
`under section 18(3)(a)'. 19
4 Section 18(3)(a)-- 20
omit, insert-- 21
`(a) either of the following persons-- 22
(i) if there is only 1 associated health community 23
council for the hospitals that are, or are to be, the 24
associated hospitals for the body corporate--the 25
31
Health Services Amendment Bill 2006
Schedule (continued)
council's chairperson or the chairperson's 1
nominee; 2
(ii) if there is more than 1 associated health 3
community council for the hospitals that are, or are 4
to be, the associated hospitals for the body 5
corporate--the chairperson of that one of the 6
councils prescribed under a regulation or the 7
chairperson's nominee;'. 8
© State of Queensland 2006
AMENDMENTS TO BILL
1
Health Services Amendment Bill 2006
Health Services Amendment Bill 2006
Amendments agreed to during Consideration
1 Clause 21 (Insertion of new pts 3A3C)--
At page 17, line 26, `officers'--
omit, insert--
`health executives'.
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