Queensland Consolidated Acts

HEALTH SERVICES ACT 1991

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Definitions
   3.      Meaning of health service
   3A.     Meaning of user
   4.      Objects of Act
   4A.     Guiding principles
   5.      Act binds Crown

           Part 2--Health service districts and areas

   6.      Health service districts
   6A.     Health service areas

           Part 2A--Chief executive's responsibility and functions

   6B.     Responsibility
   7.      Functions

           Part 2B--General managers

   21A.    Appointment of general managers
   21B.    General manager's functions

           Part 2C--Managers for districts

   22.     Appointment of managers for districts
   23.     Functions of manager for a district

           Part 3--Health service employees

   24.     Appointment of health service employees
   25.     Health service employees not public service employees
   26.     Basis of employment
   27.     Directives issued by Governor in Council
   28.     Conditions of employment

           Part 3A--Health executive service

   28A.    Health executive service established
   28B.    Purpose of health executive service
   28C.    Principles of health executive service employment
   28D.    Composition of health executive service
   28E.    Appointment of health executives
   28F.    Basis of employment for health executives
   28G.    Performance review
   28H.    Exclusion of certain matters from review under other Acts
   28I.    Fixing of remuneration packages and classification levels for health executives
   28J.    Transfer of health executives
   28K.    Consequence if transfer refused

           Part 3B--Health community councils

           Division 1--Establishment of health community councils

   28L.    Establishment

           Division 2--Functions and membership of councils

   28M.    Functions
   28N.    Appointment of members
   28O.    Chairperson of council
   28P.    Term of appointment
   28Q.    Disqualification from membership
   28R.    Vacation of office
   28S.    When notice of resignation takes effect
   28T.    Remuneration of members

           Division 3--Business and meetings of councils

   28U.    Conduct of business
   28V.    Times and places of meetings
   28W.    Attendance by manager
   28X.    Minutes
   28Y.    Disclosure of interests
   28Z.    Guidelines
   28ZA.   Tabling of council reports

           Part 3C--State-wide health services

   28ZB.   Definition for pt 3C
   28ZC.   Establishment of State-wide health service
   28ZD.   State-wide health service manager

           Part 4--Teaching hospitals and quality assurance

           Division 1--Teaching hospitals

   29.     Approval of hospitals for training of medical and other students

           Division 2--Quality assurance

   30.     Definitions
   31.     Approved quality assurance committees
   32.     Restrictions on committees
   33.     Disclosure etc. of information
   34.     Information not to be given in evidence
   35.     Findings of committee not evidence of certain matters
   36.     Personal liability of members etc.
   37.     Further responsibilities of committees
   38.     Effect of provisions of division

           Part 4A--Public hospitals performance reports

   38A.    Definitions for pt 4A
   38B.    Chief executive to give Minister annual report about the performance of public hospitals
   38C.    Matters to be included in report—key indicators
   38D.    Other information about surgery to be included in report
   38E.    Information relating to Mater Misericordiae Public Hospitals
   38F.    Report may be included in department's annual report

           Part 4B--Root cause analyses

           Division 1--Preliminary

   38G.    Definitions for pt 4B
   38H.    Meaning of root cause analysis
   38I.    Purpose of pt 4B
   38J.    Guiding principles for conduct of RCA of reportable event

           Division 2--RCA teams

   38K.    Appointment of RCA team
   38L.    Requirements for appointment

           Division 3--Reporting

   38M.    RCA team's report and chain of events document
   38N.    Reporting to commissioning authority

           Division 4--Stopping conduct of RCA of reportable event

   38O.    Definition for div 4
   38P.    Stopping conduct of RCA of reportable event—RCA team
   38Q.    Stopping conduct of RCA of reportable event—commissioning authority

           Division 5--Disclosure or release of information

   38R.    Definition for div 5
   38S.    Disclosure of information—RCA team member or relevant person
   38T.    Disclosure of information—commissioning authority or relevant person
   38U.    Release of information to Health Quality and Complaints Commission
   38V.    Release of information to chief health officer
   38W.    Release of information by chief health officer to Health Quality and Complaints Commission
   38X.    Giving of copy of RCA report or chain of events document—patient safety entity
   38Y.    Giving of copy of RCA report etc.—investigation under the Coroners Act 2003
   38Z.    Giving of information to Minister or chief executive
   38ZA.   Giving of copy of, or information contained in, RCA report—person who has sufficient personal or professional interest
   38ZB.   Information not to be given in evidence
   38ZC.   Information-provider can not be compelled to give particular information in evidence

           Division 6--Protections

   38ZD.   Protection from liability
   38ZE.   Giving of information protected
   38ZF.   Reprisal and grounds for reprisals
   38ZG.   Offence for taking reprisal
   38ZH.   Damages entitlement for reprisal

           Division 7--Miscellaneous

   38ZI.   Delegation by chief executive
   38ZJ.   Application of provisions of this part
   38ZK.   RCA report not admissible in evidence
   38ZL.   Review of pt 4B

           Part 5--Control of traffic and conduct on health services land

           Division 1--Authorised persons and security officers

   39.     Appointment of authorised persons and security officers
   40.     Terms of appointment
   41.     Identity cards
   42.     Proof of authority

           Division 2--Traffic control

   43.     Authorised persons to control traffic on health services land
   44.     Regulatory notice
   45.     Information notices
   46.     Removal and detention of illegally parked or abandoned vehicles
   47.     Disposal of unclaimed vehicles
   48.     Application of proceeds of sale

           Division 3--Conduct on health services land

   49.     Conduct causing a public nuisance
   50.     Power to deal with persons causing a public nuisance
   51.     Prohibition of smoking

           Part 6--Administration

           Division 1--Officials

   52.     Appointment of officials
   53.     Terms of appointment
   54.     Functions of auditors
   55.     Functions of investigators
   56.     Power of officials to ask for documents
   57.     Duty of confidentiality of officials
   57A.    Application of s 57 to person under Coroners Act 2003

           Division 1A--Chief health officer

   57B.    Chief health officer
   57C.    Functions of chief health officer

           Division 2--General

   58.     Ministerial advisory committees

           Part 7--Confidentiality

           Division 1--Interpretation and application

   60.     Definitions for pt 7
   61.     Meaning of parent
   62.     Part does not apply to official

           Division 2--Confidentiality

   62A.    Confidentiality
   62B.    Disclosure required or permitted by law
   62C.    Disclosure with consent
   62D.    Disclosure to person who has sufficient interest in health and welfare of person
   62E.    Disclosure of confidential information for care or treatment of person
   62F.    Disclosure of confidential information in the public interest
   62G.    Disclosure for data collection and public health monitoring
   62H.    Disclosure for purposes relating to health services
   62I.    Disclosure to prevent serious risk to life, health or safety etc.
   62J.    Disclosure to or by inspector
   62K.    Disclosure to official
   62L.    Disclosure to health practitioner registration board or Queensland Nursing Council
   62LA.   Disclosure to Health Quality and Complaints Commission
   62M.    Disclosure to approved quality assurance committee
   62N.    Disclosure to Commonwealth, another State or Commonwealth or State entity
   62O.    Disclosure to Australian Red Cross Society
   62P.    Disclosure to person performing function under Coroners Act 2003
   62Q.    Necessary or incidental disclosure
   62R.    Former designated persons

           Part 7A--Investigation and enforcement

           Division 1--Inspectors

   63.     Functions
   63A.    Appointment and qualifications
   63B.    Appointment conditions and limit on powers
   63C.    Issue of identity cards
   63D.    Production or display of identity card
   63E.    When inspector ceases to hold office
   63F.    Resignation
   63G.    Return of identity card

           Division 2--Powers of inspectors
           Subdivision 1--Entry of places

   63H.    Power to enter places
           Subdivision 2--Procedure for entry
   63I.    Entry with consent
   63J.    Application for warrant
   63K.    Issue of warrant
   63L.    Application by electronic communication and duplicate warrant
   63M.    Defect in relation to warrant
   63N.    Warrants—procedure before entry
           Subdivision 3--Powers after entry
   63O.    General powers after entering places
   63P.    Failure to help inspector
   63Q.    Failure to give information
           Subdivision 4--Power to seize evidence
   63R.    Seizing evidence at a place that may be entered without consent or warrant
   63S.    Seizing evidence at a place that may only be entered with consent or warrant
   63T.    Securing seized things
   63U.    Tampering with seized things
   63V.    Powers to support seizure
   63W.    Inspector may require thing's return
   63X.    Receipts for seized things
   63Y.    Forfeiture of seized things
   63Z.    Return of seized things
   63ZA.   Access to seized things
           Subdivision 5--Power to obtain information
   63ZB.   Power to require name and address
   63ZC.   Failure to give name or address
   63ZD.   Power to require information

           Division 3--General enforcement matters

   63ZE.   Notice of damage
   63ZF.   Compensation
   63ZG.   False or misleading statements
   63ZH.   False or misleading documents
   63ZI.   Obstructing an inspector
   63ZJ.   Impersonating inspector

           Part 7B--Proceedings

   63ZK.   Summary offences
   63ZL.   Limitation on time for starting proceedings for summary offence
   63ZM.   Proceedings for indictable offences
   63ZN.   Limitation on who may summarily hear indictable offence

           Part 8--Miscellaneous

   64.     Obstructing execution of Act
   66.     Effect of Act on private practice arrangements
   67.     Effect of Act on certain other Acts
   68.     Regulation-making power

           Part 9--Repeals, savings, validating and transitional provisions

           Division 1--Repeals

   69.     Repeal of certain by-laws

           Division 2--Transitional provisions for Health Legislation Amendment Act (No. 2) 1996

   70.     Definition for pt 9, div 2
   71.     Authorities dissolved
   72.     Assets and liabilities
   73.     Proceedings
   74.     Non-contract employees
   75.     Contract employees
   76.     Employees' rights and entitlements
   77.     Directions by the chief executive
   78.     Disciplinary action
   79.     Entries in registers

           Division 3--Transitional provision for Health Legislation Amendment Act 1999

   80.     Committees continue to be approved quality assurance committees

           Division 4--Validating provision for Health Legislation Amendment Act 2003

   81.     Validation

           Division 5--Transitional provision for Public Health Act 2005

   82.     Chief health officer

           Division 6--Transitional provisions for Health Services Amendment Act 2006

   83.     Definitions for div 6
   84.     Membership of councils
   85.     Chairpersons of councils
   86.     Amalgamation of districts during transition period
           Endnotes