HOSPITAL AND HEALTH BOARDS ACT 2011 - As at 1 February 2024 - Act 32 of 2011
- As at 1 February 2024
- Act 32 of 2011
Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
- 1 Short title
- 2 Commencement
- 3 Act binds all persons
- 4 Principles and objectives of national health system
Division 2 - Object of Act
Division 3 - Overview of Act
- 6 Purpose of div 3
- 7 Role of Hospital and Health Services
- 8 Management of the public sector health system
- 8A Funding of public sector health system
- 9 Management of health system performance
- 10 Statewide employment and industrial relations arrangements
- 11 Protections for safety and quality
- 12 Confidentiality safeguards
Division 4 - Guiding principles of Act
Division 5 - Interpretation
Division 1 - Establishment, functions and powers of Services
Division 2 - Hospital and Health Boards for Services
Subdivision 1 - Role of Hospital and Health Boards
- 22 Role of exercising control over Service
Subdivision 2 - Membership
- 23 Membership of boards
- 24 Minister to advertise for members of boards
- 24A Temporary members of board
- 25 Chair and deputy chair
- 26 Conditions of appointment
- 27 Vacation of office of board member
- 27A Suspension from office of Hospital and Health Board members
- 28 Removal from office of board members
- 29 Defects in appointment of members
Subdivision 3 - Delegation by Hospital and Health Boards
- 30 Delegation by boards
Subdivision 4 - Conduct of business
- 31 Members to act in public interest
- 32 Conduct of business by boards
Division 2A - Executive committees
- 32A Hospital and Health Board must establish executive committee for Hospital and Health Service
- 32B Function of executive committee
- 32C Membership of executive committee
- 32D Conduct of business by executive committee
Division 3 - Health service chief executives
Division 4 - Service agreements, engagement strategies and protocols
Division 4A - Hospital and Health Ancillary Boards
- 43A Minister may establish ancillary board
Division 5 - Directions to Hospital and Health Services and appointment of advisers to Hospital and Health Boards
- 44 Minister may give directions to Service
- 44A Minister may appoint advisers to boards
- 44B Matters to which Minister may have regard in deciding whether to appoint adviser
- 44C Functions of advisers
- 44D Adviser not a member of board but has duty of disclosure
- 44E Obligations of board in relation to adviser
PART 3 - FUNCTIONS OF CHIEF EXECUTIVE, CHIEF HEALTH OFFICER AND DEPUTY CHIEF HEALTH OFFICERS
Division 1 - Chief executive
- 44F Chief executive subject to direction of the Minister
- 45 Functions of chief executive
- 46 Delegation by chief executive
Division 2 - Chief executive may issue health service directives
Division 2A - Chief executive may issue health employment directives
- 51A Health employment directives
- 51AA Consultation on health employment directives
- 51B Relationship with legislation
- 51C Relationship between health employment directives and other instruments
- 51D Publication of health employment directives
- 51E Health employment directives binding
- 51F Review of health employment directives
Division 3 - Chief health officer and deputy chief health officers
- 52 Chief health officer
- 53 Functions of chief health officer
- 53AA Deputy chief health officers
- 53AB Functions of deputy chief health officers
- 53AC Delegation by chief health officer
PART 3A - FUNDING OF PUBLIC SECTOR HEALTH SYSTEM
Division 1 - Purpose of part
Division 2 - State pool account
- 53B Establishment of State pool account
- 53C Payment into State pool account
- 53D Payments from State pool account
- 53E Payment from State pool account if no administrator or administrator not available to make the payment
Division 3 - State managed fund
- 53F Establishment of State managed fund
- 53G Payment into State managed fund
- 53H Payments from State managed fund
Division 4 - Provisions applying to administrator for all States, Territories and the Commonwealth
Subdivision 1 - Preliminary
- 53I Definitions for div 4
Subdivision 2 - Administrator of the National Health Funding Pool
- 53J The office of administrator
- 53K Appointment of administrator
- 53L Suspension of administrator
- 53M Removal or resignation of administrator
- 53N Acting administrator
- 53O Provision of staff and facilities for administrator
- 53P Functions of administrator
Subdivision 3 - Financial management and reporting
- 53Q Financial management obligations of administrator
- 53R Monthly reports by administrator
- 53S Annual report by administrator
- 53T Administrator to prepare financial statements for State pool accounts
- 53U Audit of financial statements
- 53V Performance audits
- 53W States to provide administrator with information about State managed funds
- 53X Provision of information generally
Subdivision 4 - Miscellaneous
- 53Y Application of Acts to administrator
- 53Z Application of Commonwealth Acts
- 53ZA Extra territorial operation of Act
- 53ZB Transitional and validation provisions
PART 4 - PERFORMANCE REPORTING AND AUDITING
Division 1 - Performance reporting
- 54 Chief executive may provide data to Commonwealth
Division 1 - General
Division 2 - Health executive service and senior health service employees
Subdivision 1 - Health executive service
- 70 Health executive service continued
- 71 Purpose of health executive service
- 72 Principles of health executive service employment
- 73 Composition of health executive service
- 74 Basis of employment for health executives
Subdivision 2 - Senior health service employees
- 74A Meaning of senior health service employee
- 74B Basis of employment for senior health service employees
Subdivision 3 - Excluded matters
- 75 Exclusion of certain matters from review under other Acts
76. (Repealed)
Division 3 - Other provisions relating to health service employees
- 77 Redeployment or secondment to lower classification level
- 78 Transfer of health service employees
- 79 Entitlement on ending of particular employment contracts
Division 4 - Matters relating to employment of health service employees by Services
- 80 Departmental health service employees to be employed by Services
80AA. (Repealed)
- 80A Appointment to perform functions or do other things not affected by becoming employees of prescribed Service
- 80B Matters and proceedings not affected by persons becoming employees of prescribed Service
- 80C Matters and proceedings not affected by persons becoming senior health service employees in Service
- 80D Division does not limit making of particular regulations
PART 6 - SAFETY AND QUALITY
Division 1 - Quality assurance committees
- 81 Purpose of division
- 82 Establishment of quality assurance committees
- 83 Restrictions on committees
- 84 Disclosure of information
- 85 Giving of reports and documents to patient safety entity
- 86 Information about excluded notifiable conduct
- 87 Protection for documents and information
- 88 Protection from liability
- 89 Giving of information protected
- 90 Information provider can not be compelled to give particular information in evidence
- 91 Further responsibilities of committees
- 92 Effect of provisions of division
Division 2 - Root cause analysis
Subdivision 1 - Preliminary
- 93 Purpose of div 2
- 94 Definitions for div 2
- 95 Meaning of root cause analysis
- 96 When is a health service provided
- 97 Guiding principles for conduct of RCA of reportable event
Subdivision 2 - RCA teams
- 98 Appointment of RCA team
- 99 Requirements for appointment
Subdivision 3 - Reporting
- 100 RCA team’s report
- 101 Reporting to commissioning authority
Subdivision 4 - Stopping conduct of RCA of reportable event
- 102 Stopping conduct of RCA of reportable event—RCA team
- 103 Stopping conduct of RCA of reportable event—commissioning authority
Subdivision 5 - Disclosure or release of information
- 104 Definition for sdiv 5
- 105 Disclosure of information—RCA team member or relevant person
- 106 Disclosure of information—commissioning authority or relevant person
- 107 Information about excluded notifiable conduct
- 108 Release of information to health ombudsman
- 109 Release of information to chief health officer
- 110 Release of information by chief health officer to health ombudsman
- 111 Release of information to chief psychiatrist
- 112 Giving of copy of RCA report—patient safety entity
- 113 Giving of copy of RCA report etc.—investigation under the Coroners Act 2003
- 114 Giving of information to Minister or chief executive
- 115 Giving of copy of, or information contained in, RCA report—person who has sufficient personal or professional interest
Subdivision 6 - Protections
- 116 Protection from liability
- 117 Giving of information protected
- 118 Information provider can not be compelled to give particular information in evidence
- 119 Protection for documents and information
- 120 Reprisal and grounds for reprisals
- 121 Offence for taking reprisal
- 122 Damages entitlement for reprisal
Subdivision 7 - Miscellaneous
- 123 Application of provisions of this division
Division 3 - Clinical reviews
- 124 Functions of clinical reviewers
- 125 Appointment of clinical reviewers
- 126 Appointment conditions and limit on powers
- 127 When office ends
- 128 Resignation
- 129 Powers of clinical reviewers
- 130 Giving clinical reviewer false or misleading information
- 131 Obstructing clinical reviewer
- 132 Duty of confidentiality of clinical reviewers
- 133 Disclosure to person under Coroners Act 2003
- 134 Stopping clinical review
- 135 Reports by clinical reviewers other than to provide advice to investigator
- 136 Reports by clinical reviewers to provide advice to investigator
- 137 Chief executive may request report from health service chief executive
- 138 Protection for reports
Division 4 - Minimum nurse-to-patient ratios, midwife-to-patient ratios and workload standards
- 138A Definitions for division
- 138B Prescription of minimum nurse-to-patient and midwife-to-patient ratios
- 138C Temporary exemptions
- 138D Matters for Minister to consider
- 138E Standards about nursing and midwifery workload management
- 138F Publication of information about nursing and midwifery workload management
Division 5 - State aged care facilities
- 138G Definitions for division
- 138H Prescription of minimum nurse and registered nurse percentages
- 138I Prescription of minimum average daily resident care hours
- 138J Temporary exemptions
- 138K Matters for Minister to consider
- 138L Standards about State aged care facility workload management
- 138M Publication of information about State aged care facility workload management
PART 7 - CONFIDENTIALITY
Division 1 - Interpretation and application
- 139 Definitions for pt 7
- 139A Meaning of designated person
- 140 Meaning of parent
- 141 Part does not apply to Act officials
Division 2 - Confidentiality
Subdivision 1 - Prohibited disclosure of confidential information
- 142 Confidential information must not be disclosed by designated persons
- 142A Confidential information must not be disclosed by prescribed health professionals
Subdivision 2 - Permitted disclosure of confidential information
- 143 Disclosure required or permitted by law
- 144 Disclosure with consent
- 145 Disclosure of confidential information for care or treatment of person
- 146 Disclosure to person who has sufficient interest in health and welfare of person
- 147 Disclosure to lessen or prevent serious risk to life, health or safety
- 148 Disclosure for the protection, safety or wellbeing of a child
- 149 Disclosure for funding arrangements and public health monitoring
- 150 Disclosure for purposes relating to health services
- 150A Disclosure for purposes related to approved research
- 151 Disclosure to Commonwealth, another State or Commonwealth or State entity
- 152 Disclosure to or by inspector
- 153 Disclosure to Act officials
- 154 Disclosure to or by relevant chief executive
- 155 Disclosure to health practitioner registration board
- 156 Disclosure to health ombudsman
- 157 Disclosure to person performing functions under Coroners Act 2003
- 157A Disclosure to inspector of detention services
- 157B Disclosure to person performing functions under Mental Health Act 2016
- 158 Disclosure to lawyers
- 159 Disclosure to Australian Red Cross Society
- 160 Disclosure of confidential information in the public interest
- 160A Disclosure for purpose of Health Transparency Act 2019
- 161 Necessary or incidental disclosure
Division 3 - Access by external service provider to information system
- 161A Chief executive may authorise access to information system
- 161B External service provider may access confidential information under authorisation
Division 4 - Access by prescribed health professional to prescribed information system
- 161C Prescribed health professional may access prescribed information system and particular information
PART 8 - CONTROL OF TRAFFIC AND CONDUCT ON HEALTH SERVICES LAND
Division 1 - Interpretation
Division 2 - Authorised persons and security officers
- 163 Appointment of authorised persons
- 164 Appointment of security officers
- 165 Person may be appointed as authorised person and security officer
- 166 Appointment conditions and limit on powers
- 167 When office ends
- 168 Resignation
- 169 Identity cards
- 170 Production or display of identity card
- 171 Return of identity card
Division 3 - Traffic control
- 172 Health services land for which authorised person may exercise powers
- 173 Health services land for which health service chief executives may exercise powers
- 174 Authorised persons to control traffic on health services land
- 175 Regulatory notice
- 176 Notices that contravention of regulatory notice an offence
- 177 Removal and detention of illegally parked or abandoned vehicles
- 178 Disposal of unclaimed vehicles
- 179 Application of proceeds of sale
- 180 Health services land for which authorised person or security officer may exercise powers
- 181 Health services land for which health service chief executives may exercise powers
- 182 Conduct causing a public nuisance
- 183 Power to deal with persons causing a public nuisance
184. (Repealed)
Division 5 - Requirements to give name and address and other matters
- 185 Power to require name and address
- 186 Offence to contravene personal details requirement
- 187 Obstructing an authorised person or security officer
- 188 Impersonating authorised person or security officer
PART 10 - MONITORING AND ENFORCEMENT
Division 1 - Interpretation
Division 2 - General provisions about inspectors
Subdivision 1 - Functions and appointment
- 202 Functions of inspectors
- 203 Appointment and qualifications
- 204 Appointment conditions and limit on powers
- 205 When office ends
- 206 Resignation
Subdivision 2 - Identity cards
- 207 Issue of identity card
- 208 Production or display of identity card
- 209 Return of identity card
Subdivision 3 - Miscellaneous provisions
- 210 References to exercise of powers
- 211 Reference to document includes reference to reproductions from electronic document
Division 3 - Entry of places by inspectors
Subdivision 1 - Power to enter
- 212 General power to enter places
Subdivision 2 - Entry by consent
- 213 Application of sdiv 2
- 214 Incidental entry to ask for access
- 215 Matters inspector must tell occupier
- 216 Consent acknowledgement
Subdivision 3 - Entry under warrant
- 217 Application for warrant
- 218 Issue of warrant
- 219 Electronic application
- 220 Additional procedure if electronic application
- 221 Defect in relation to a warrant
- 222 Entry procedure
Division 4 - General powers of inspectors after entering places
- 223 Application of div 4
- 224 General powers
- 225 Power to require reasonable help
- 226 Offence to contravene help requirement
Division 5 - Seizure and forfeiture
Subdivision 1 - Power to seize
- 227 Seizing evidence at a place that may be entered without consent or warrant
- 228 Seizing evidence at a place that may be entered only with consent or warrant
- 229 Seizure of property subject to security
Subdivision 2 - Powers to support seizure
- 230 Requirement of person in control of thing to be seized
- 231 Offence to contravene seizure requirement
- 232 Power to secure seized thing
- 233 Offence to contravene other seizure requirement
- 234 Offence to interfere
Subdivision 3 - Safeguards for seized things
- 235 Receipt and information notice for seized thing
- 236 Access to seized thing
- 237 Return of seized thing
Subdivision 4 - Forfeiture
- 238 Forfeiture by chief executive decision
- 239 Information notice about forfeiture decision
- 240 Forfeiture on conviction
- 241 Procedure and powers for making forfeiture order
Subdivision 5 - Dealing with property forfeited or transferred to State
- 242 When thing becomes property of the State
- 243 How property may be dealt with
Division 6 - Disposal orders
Division 7 - Other information-obtaining powers
- 245 Power to require name and address
- 246 Offence to contravene personal details requirement
- 247 Power to require information
- 248 Offence to contravene information requirement
Division 8 - Miscellaneous provisions relating to inspectors
Subdivision 1 - Damage
- 249 Duty to avoid inconvenience and minimise damage
- 250 Notice of damage
Subdivision 2 - Compensation
- 251 Compensation
Subdivision 3 - Other offences relating to inspectors
- 252 Giving inspector false or misleading information
- 253 Obstructing inspector
- 254 Impersonating inspector
Division 9 - Reviews and appeals
- 255 Right of appeal
- 256 Appeal process starts with internal review
- 257 How to apply for review
- 258 Stay of operation of decision
- 259 Review decision
- 260 Who may appeal
- 261 Procedure for an appeal to the court
- 262 Stay of operation of review decision
- 263 Powers of court on appeal
- 264 Effect of decision of court on appeal
PART 11 - LEGAL PROCEEDINGS
Division 1 - Application
Division 2 - Evidentiary aids
- 266 Appointments and authority
- 267 Signatures
- 268 Evidentiary provisions
Division 3 - Offence proceedings
- 269 Summary offences
- 270 Limitation on time for starting proceedings for summary offence
- 271 Proceedings for indictable offences
- 272 Limitation on who may summarily hear indictable offence
- 273 Allegations of false or misleading information or document
PART 12 - MISCELLANEOUS
Division 1 - Transfer notices
- 273A Transfer notice
- 273B Registering authority to note transfer or other dealing
- 273C Decisions not reviewable
- 273D Effect on legal relationships
- 273E Things done under transfer notice
Division 2 - General provisions
- 274 Disclosure of personal information of health service employees and health professionals
- 275 Governor in Council may dismiss members of board
- 276 Governor in Council may appoint administrator for Service
- 277 Term and role of administrator
- 278 Ministerial advisory committees
- 279 Delegation by Minister
- 280 Protecting officials
- 281 Approval of forms
- 282 Regulation-making power
PART 13 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
Division 1 - Repeal
- 283 Repeal of Health Services Act 1991
Division 2 - Savings and transitionals for Act No. 32 of 2011
Division 3 - Savings and transitionals for the Health and Hospitals Network and Other Legislation Amendment Act 2012
Division 4 - Transitional provisions for the Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013
Division 5 - Transitional provision for Health and Other Legislation Amendment Act 2014
- 322 Transitional provision for chain of event documents
Division 6 - Transitional provisions for Industrial Relations (Restoring Fairness) and Other Legislation Amendment Act 2015
- 323 Definitions for div 6
- 324 Pre-modernisation industrial instruments
- 325 Making of order by commission to apply pre-modernisation health instruments to senior medical officers
- 326 Effect of pre-modernisation instrument order
- 327 Making of new certified agreement or determination
- 328 Application of amended s 75
- 329 Aboriginal and Torres Strait Islander board membership
