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1
Health Services Amendment
HEALTH SERVICES AMENDMENT
BILL 1995
EXPLANATORY NOTE
GENERAL OUTLINE
Short title
Health Services Amendment Bill 1995
Objectives of the legislation
The object of the Bill is to repeal a provision of the Health Services Act
1991 which deals with indemnity of employees, members and agents of
regional health authorities. The legislation also provides for routine
machinery amendments.
Reasons for the Bill
Section 3.35 of the Health Services Act 1991 confers a limited right of
indemnity upon employees, members and agents of regional health
authorities. There have been longstanding concerns by medical practitioners
and other stakeholders about the effect of this section upon the ability of
regional health authorities to provide indemnity where an employee has
been negligent. While this section does not limit an authority's power to
provide indemnity, it has caused considerable confusion and distress
amongst stakeholders. The repeal of this section will have little practical
effect in the negligence context as the indemnity of employees and others is
provided by administrative policy. The repeal will be complemented by a
revised indemnity policy.
2
Health Services Amendment
Estimated Cost for Government Implementation
The repeal of this section has no practical effect on the government's
approach to the provision of indemnity. There are no additional costs arising
out of the legislation.
Fundamental Legislative Principles
While the omission of Section 3.35 removes a limited statutory right to
indemnity, the provision is not one which must appear in legislation as
indemnity is provided for by administrative policy. Consequently, there are
no fundamental legislative principles implications in its omission.
Consultation
This Bill was developed in consultation with relevant health industry
stakeholders.
NOTES ON PROVISIONS
Clause 1 provides a short title for the legislation.
Clause 2 provides for the commencement of the legislation by
proclamation.
Clause 3 states which Act is amended by the legislation.
Clauses 4--13 either omit or amend machinery provisions which are
otherwise provided for under legislation such as the Acts Interpretation Act
1954 or Statutory Instruments Act 1992. The purpose of these amendments
is to improve the quality of the statute.
Clause 14 repeals section 3.35 of the Health Services Act 1991.
Clauses 15--19 either omit or amend machinery provisions which are
otherwise provided for under other legislation such as the Statutory
Instruments Act 1992 or Acts Interpretation Act 1954. The purpose of these
amendments is to improve the quality of the statute.
© The State of Queensland 1995