HEALTH OMBUDSMAN ACT 2013 - As at 1 February 2024 - Act 36 of 2013
HEALTH OMBUDSMAN ACT 2013
- As at 1 February 2024
- Act 36 of 2013
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
Division 1 - Introductory
1. Short title
2. Commencement
3. Main objects
4. Paramount guiding principle
5. Act binds all persons
Division 2 - Interpretation
6. Dictionary
7. Meaning of health service
8. Meaning of health service provider
Division 3 - Overview of Act
9. Purpose of div 3
10. Relationship with the National Law
11. Health ombudsman
12. Director of proceedings
13. Making health service complaints
14. Dealing with health service complaints and other matters
15. Timeliness
16. Disciplinary orders of QCAT and other jurisdictions
17. Keeping complainants and providers informed
18. Minister’s role
19. Parliamentary committee’s role
Division 4 - Application of Act to persons whose status changes
20. Application of Act to former health service providers
21. Application of Act to former registered health practitioners
22. Application of Act to persons formerly registered under corresponding prior Act
23. Matters may be dealt with despite death of relevant person
PART 2 - HEALTH OMBUDSMAN
24. Establishment
25. Functions
26. General powers
27. How health ombudsman must act
28. Health ombudsman generally not subject to direction
29. Advisory committees and panels
30. Cooperation with other entities
PART 3 - HEALTH SERVICE COMPLAINTS
Division 1 - Preliminary
31. Meaning of health service complaint
Division 2 - Making and dealing with a complaint
32. Who may make a complaint
33. How to make a complaint
34. Complainant may be asked to confirm complaint or give further information
35. Deciding how to proceed generally
35A. Non-acceptance of complaint
Division 2A - Dealing with complaint concerning registered health practitioner
35B. Application of division
35C. Notifying National Agency of complaint
35D. Dealing with complaint if no preliminary view
35E. Dealing with complaint if agreement on preliminary view
35F. Further negotiation if disagreement on preliminary view
35G. Dealing with complaint if no agreement after further negotiation or no further negotiation
35H. Dealing with complaint if agreement after further negotiation
Division 2B - Proposal to take no further action in relation to registered health practitioner
35I. Application of division
35J. Notifying National Agency of proposal
35K. National Agency may request referral
35L. Dealing with complaint if no referral
Division 3 - Other matters dealt with as complaints
36. Notifications under the National Law
37. Matters referred by National Boards or government entities
PART 4 - HOW COMPLAINTS AND OTHER MATTERS ARE DEALT WITH
38. Meaning of relevant action
39. Relevant action not limited to complaints
40. Relevant action relating to more than 1 matter
41. Complaints may be split
42. More than 1 relevant action may be taken
43. Relevant action may be taken despite proceedings
43A. Relevant action may be taken despite referral
44. Decision to take no further action on a matter
PART 5 - ASSESSMENT OF COMPLAINTS
45. Application of pt 5
46. How assessment is made
47. Submissions
48. Power to require information
49. Period for completing assessment
50. Decision following assessment
PART 6 - LOCAL RESOLUTION OF COMPLAINTS
51. Application of pt 6
52. How local resolution may be achieved
53. Submissions
54. Power to require information
55. Period for attempting resolution
56. Further action if complaint not resolved
PART 7 - IMMEDIATE ACTION IN RELATION TO HEALTH PRACTITIONERS
Division 1 - Immediate registration action
57. Meaning of immediate registration action
58. Power to take immediate registration action
58A. Varying immediate registration action on health ombudsman’s own initiative
58B. Varying immediate registration action on application by registered health practitioner
59. Show cause process
60. Notice about immediate registration action
61. Show cause process after taking action
62. Period of immediate registration action
63. Application to QCAT for review
64. Further relevant action that may be taken after immediate registration action
65. Health ombudsman may end immediate registration action
Division 2 - Interim prohibition orders
66. Application of div 2
67. Interim prohibition orders
68. Power to issue interim prohibition orders
68A. Varying interim prohibition order on health ombudsman’s own initiative
68B. Varying interim prohibition order on application by health practitioner
69. Show cause process
70. Content of interim prohibition order
71. Notice to complainant
72. Show cause process after issuing order
73. Period of interim prohibition order
74. Application to QCAT for review
75. Health ombudsman must immediately take further relevant action
76. Health ombudsman may revoke order
77. Corresponding interstate interim orders
78. Offence of contravening order
79. Publication of orders
PART 8 - INVESTIGATIONS
80. Health ombudsman may decide to investigate
81. Minister may direct investigation
82. Notice to particular provider being investigated
83. Investigative powers
84. Progress reports
85. Times by which investigations must be completed
86. Investigation reports
87. To whom investigation report is given
88. Disclosure of investigation report containing confidential information
89. Implementation of recommendations and supplementary report
90. Notice of decision after investigating matter
PART 8AA - PUBLIC STATEMENTS
90AA. Making of public statement
90AB. Show cause process for public statement
90AC. Revision of public statement
90AD. Revocation of public statement
PART 8A - PROHIBITION ORDERS
Division 1 - Preliminary
90A. Application of part
90B. Prohibition order
Division 2 - Issue of prohibition order
90C. Power to issue order
90D. Show cause process
90E. Content of order
90F. Notice to complainant
90G. When order takes effect
90H. Prohibition order ends interim prohibition order
Division 3 - Variation or revocation of prohibition order
90I. Power to vary order on health ombudsman’s own initiative
90J. Power to vary order on application by health practitioner
90K. Show cause process
90L. Effect of decision to vary and notice requirements
90M. Revocation of order
Division 4 - Other provisions
90N. Application to QCAT for review
90O. Corresponding interstate orders
90P. Offence of contravening prohibition order
90Q. Publication of prohibition orders
PART 9 - REFERRAL TO NATIONAL AGENCY OR OTHER ENTITY
Division 1 - Referral to National Agency
91. Application of division
91A. General power to refer complaint or matter
91B. Requirement to refer complaint or matter indicating impairment
91C. Complaint or matter indicating serious matter must not be referred
91D. Dealing with complaint indicating impairment matter and serious matter
91E. Form of referral
Division 2 - Referral to other entities
92. Referral to other government entities
93. Reports from State entities
PART 10 - QCAT
Division 1 - General
94. QCAT’s jurisdiction
95. Notices to be given to complainant
96. Orders that QCAT may make
97. Constitution of QCAT
98. Particular hearings to be held in private
99. QCAT may exclude witnesses from hearing
100. No stay of particular decisions
Division 2 - Director of proceedings
101. Application of div 2
102. Information to be given with referral
103. How director must deal with referral
104. Referral to QCAT
105. Referral back to health ombudsman
Division 3 - Action QCAT may take
106. Application of div 3
107. Decision about registered health practitioner other than student
108. Decision about student
109. Review of conditions
110. Application to QCAT for review of condition
111. Further review of condition
Division 4 - (Repealed)
Division 5 - Appointment of assessors
117. Panels of assessors
118. Appointment of individuals to panels of assessors
118A. Temporary appointment to public panel of assessors
119. Temporary appointment to professional panel of assessors
120. Disqualification from membership of panel of assessors
121. Procedure for recommending members of panels of assessors
122. Duration of appointment
123. Conditions of appointment
124. Vacation of office
125. Payment of assessors
Division 6 - QCAT to be assisted by assessors
126. Tribunal to be assisted by assessors
127. Assessors’ function
128. Choosing assessors generally
129. Particular persons not eligible to be assessor in a disciplinary proceeding
130. Requirement about gender balance
131. Choosing assessors if specialist and technical issues involved
132. Disclosure of interests
133. Costs for assessors
PART 11 - CONCILIATION
134. Application of pt 11
135. Purpose of conciliation
136. Conciliator’s function exclusive
137. Person not to conciliate and investigate same health service complaint
138. Conciliation function
139. Requirement to negotiate in good faith
140. When conciliation may happen if particular other relevant action is taken
141. Conciliator to notify the health ombudsman of public interest issues
142. Ending or suspending conciliation to take other relevant action
143. Explanation to parties about public interest issues and possible ending or suspension of conciliation
144. Progress reports from conciliator
145. Results report from conciliator
146. Enforceable agreement
147. Action on report of unsuccessful conciliation
148. Ending conciliation
149. Conciliation privileged
150. Confidentiality of information relating to conciliation
PART 12 - INQUIRIES
151. Health ombudsman may conduct inquiry
152. Minister may direct health ombudsman to conduct inquiry
153. Persons conducting or assisting inquiry
154. Procedure
155. Notice of inquiry hearing
156. Inquiry hearing to be held in public except in special circumstances
157. Suppression of name of witness
158. Protection of inquiry members, representatives and witnesses
159. Record of proceeding to be kept
160. Powers for inquiry hearing and right to representation
161. Notice to witness
162. Notice requiring information
163. Inspection of records and other things
164. Offences by witnesses
165. Contempt of inquiry member
166. Change or absence of inquiry member
167. Preparation of report about inquiry
168. Opportunity to respond to adverse comment in report
169. Submission and tabling of report
PART 13 - MINISTER’S ROLE
170. Minister’s functions
171. Minister may request information or reports from health ombudsman
172. Minister may request information from National Agency or National Board
173. Periodic reports
174. Minister may ask that information be given to engaged persons
175. Information that may or may not be requested
176. Minister may ask health ombudsman to publish particular reports
177. Compliance with Minister’s request
178. Use or disclosure of information
PART 14 - PARLIAMENTARY COMMITTEE’S ROLE
179. Committee’s functions
180. Committee may request information from health ombudsman
181. Committee may request information from National Agency or National Board
182. Periodic reports
183. Information that may or may not be requested
184. Compliance with committee’s request
185. Committee’s powers not limited
PART 15 - AUTHORISED PERSONS
Division 1 - General provisions about authorised persons
186. Functions of authorised persons
187. Health ombudsman is an authorised person
188. Health ombudsman may appoint authorised persons
189. Appointment conditions and limit on powers
190. When office ends
191. Resignation
192. Issue of identity card
193. Production or display of identity card
194. Return of identity card
195. References to exercise of powers
196. Reference to document includes reference to reproductions from electronic document
Division 2 - Entry of places by authorised persons
Subdivision 1 - Power to enter
197. General power to enter places
Subdivision 2 - Entry by consent
198. Application of sdiv 2
199. Incidental entry to ask for access
200. Matters authorised person must tell occupier
201. Consent acknowledgement
Subdivision 3 - Entry under warrant
202. Application for warrant
203. Issue of warrant
204. Electronic application
205. Additional procedure if electronic application
206. Defect in relation to a warrant
207. Entry procedure
Division 3 - Other authorised persons’ powers and related matters
Subdivision 1 - General powers of authorised persons after entering places
208. Application of sdiv 1
209. General powers
210. Power to require reasonable help
211. Offence to contravene requirement to give reasonable help
Subdivision 2 - Seizure by authorised persons and forfeiture
212. Seizing evidence at a place that may be entered without consent or warrant
213. Seizing evidence at a place that may be entered only with consent or warrant
214. Seizure of property subject to security
215. Power to secure seized thing
216. Offence to contravene other seizure requirement
217. Offence to interfere
Subdivision 3 - Safeguards for seized things
218. Receipt and information notice for seized thing
219. Access to seized thing
220. Return of seized thing
Subdivision 4 - Forfeiture
221. Forfeiture by health ombudsman decision
222. Information notice about forfeiture decision
Subdivision 5 - Dealing with property forfeited or transferred to State
223. When thing becomes property of the State
224. How property may be dealt with
Division 4 - Disposal orders
225. Disposal order
Division 5 - Other information-obtaining powers of authorised persons
226. Power to require name and address
227. Offence to contravene requirement to give name and address
228. Power to require information or attendance
229. Offence to contravene information requirement
229A. Offence to contravene attendance requirement
Division 6 - Miscellaneous provisions relating to authorised persons
230. Duty to avoid inconvenience and minimise damage
231. Notice of damage
232. Compensation
233. Obstructing authorised person
234. Impersonating authorised person
Division 7 - Review of particular decisions
235. Right of appeal
236. Appeal process starts with internal review
237. How to apply for a review
238. Stay of operation of decision
239. Review decision
240. Who may appeal
241. Procedure for an appeal to the court
242. Stay of operation of review decision
243. Powers of court on appeal
244. Effect of decision of court on appeal
PART 16 - APPOINTMENT OF HEALTH OMBUDSMAN AND ESTABLISHMENT OF OFFICE
Division 1 - Appointment of health ombudsman and related matters
245. Appointment
246. Minister’s recommendation
247. Term of appointment
248. Conditions of appointment
249. Resignation
250. Removal from office
251. Suspension from office
252. Acting as health ombudsman
Division 2 - Office of the Health Ombudsman
253. Establishment of office
254. Function
255. Staff
256. Control of office
257. Office is a statutory body
Division 3 - Director of proceedings
258. Appointment of director of proceedings
259. Functions
260. Director not subject to direction
PART 17 - OFFENCES AND PROCEEDINGS
261. Reprisal and grounds for reprisals
262. Offence for taking reprisal
263. Damages entitlement for reprisal
264. False or misleading information
265. Recovery of fines
266. Appointment and authority
267. Signatures and documents
268. Other evidentiary aids
269. Proceedings for summary offences
270. Statement of complainant’s knowledge
271. Proceedings for indictable offences
PART 18 - DISCLOSURE OF INFORMATION AND RELATED MATTERS
272. Confidentiality
273. Publication of information about immediate action and QCAT decisions
274. Disclosure of information for legal proceeding
275. Information given to health ombudsman and others
276. Reports and other published information privileged
PART 19 - PARTICULAR NOTICES GIVEN BY HEALTH OMBUDSMAN
277. Meaning of employer for pt 19
278. Notice of decision relating to complaint
279. Notice to employers about particular serious matters
280. Notice to employers about particular QCAT decisions
281. Notice to National Board about Court of Appeal decisions
282. Notice to employers about other matters
283. Notice to education providers about particular serious matters concerning students
284. Notice to health service provider not required in particular circumstances
PART 20 - OTHER MATTERS
285. Delegations
286. Appointment of conciliators
287. Protection of officials from liability
288. Prescribed documents about appropriate conduct
289. Whether information identifies a person
290. Annual report to include Ministerial directions
291. Approved forms
292. Regulation-making power
PART 21 - SAVINGS AND TRANSITIONAL
Division 1 - Savings and transitional provisions for Act No. 36 of 2013
Subdivision 1 - Preliminary
293. Definitions for div 1
294. Power to make requirements not limited
Subdivision 2 - Application of Act to pre-commencement matters
295. Pre-commencement matters may be dealt with
296. Request for information may relate to pre-commencement matters
297. Steps before appointing health ombudsman
Subdivision 3 - Former commission and commissioner
298. Health ombudsman is legal successor of former commission
299. Assets, liabilities and information of former commission
300. Proceedings not yet started
301. Current proceedings
302. References to former commission, commissioner or chief executive
Subdivision 4 - Complaints and other matters
303. Current complaints
304. Outstanding requirements to give information and other matters
305. Confidentiality generally
306. Privilege and confidentiality for conciliation
307. Preservation of rights as public service officer
Subdivision 5 - Matters relating to authorised persons
308. Investigations
309. Outstanding requirements for information
310. Seized things
Subdivision 6 - Continuing appointments
311. Authorised persons
312. Conciliators
Subdivision 7 - Disciplinary matters
313. Panels of assessors
314. Proceedings before QCAT
315. QCAT’s jurisdiction to review pre-commencement decisions
316. Appeals to Court of Appeal from pre-commencement decisions
317. Complaints, disciplinary proceedings, secretary and other matters
318. Assessors’ entitlements about remuneration and allowances
Subdivision 8 - Disclosure of confidential information to health ombudsman
319. Confidential information under the National Law
320. Confidential information under HQCC Act
Division 2 - Transitional provisions for Public Health (Childcare Vaccination) and Other Legislation Amendment Act 2015
320A. Power of authorised person to require attendance under s 228
320B. Effect of particular notices given before the commencement
Division 3 - Transitional provisions for Health Transparency Act 2019
Subdivision 1 - General provisions
320C. Existing complaints or other matters
320D. Existing immediate action
Subdivision 2 - Additional provision about registered health practitioners
320E. Dealing with existing complaint
Subdivision 3 - Additional provisions about other health practitioners
320F. Existing referrals to director of proceedings
320G. Existing proceedings for prohibition orders
320H. Existing prohibition orders
PART 22 - REPEALS
321. Repeal of Acts
SCHEDULE 1