Queensland Numbered Acts

HEALTH QUALITY AND COMPLAINTS COMMISSION ACT 2006 No. 25

TABLE OF PROVISIONS

           Contents

CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Main objects
   4.      Act binds all persons
   5.      Contravention of this Act does not create civil cause of action
   6.      Act does not affect other rights or remedies
   7.      Dictionary
   8.      Meaning of health service
   9.      Meaning of provider
   10.     Meaning of user

CHAPTER 2--ESTABLISHMENT, INDEPENDENCE, FUNCTIONS AND POWERS OF COMMISSION

   11.     Establishment of commission
   12.     Commission's independence
   13.     Commission's functions—health service complaints
   14.     Commission's functions—quality of health services
   15.     Commission's functions—information
   16.     Commission's other functions
   17.     Cooperation with other entities
   18.     Commission's powers
   19.     Commission's procedures informal

CHAPTER 3--QUALITY OF HEALTH SERVICES

   20.     Duty of provider
   21.     Commission may ask provider for information
   22.     Commission may make standards
   23.     Consideration of provider's compliance with s 20(1)
   24.     Action by commission for contravention of s 20(1)
   25.     Show cause notice
   26.     Representations about show cause notice
   27.     Ending show cause process without further action
   28.     Finalising report under s 24(1)(b)
   29.     Finalising report under s 24(1)(b) without giving show cause notice
   30.     When Minister must table report

CHAPTER 4--DEVELOPMENT OF CODE OF HEALTH RIGHTS AND RESPONSIBILITIES

   31.     Code of Health Rights and Responsibilities
   32.     Consultation on code
   33.     Content of code
   34.     Principles relating to content of code

CHAPTER 5--HEALTH COMPLAINTS

           Part 1--Interpretation

   35.     Types of health complaints
   36.     Meaning of health quality complaint
   37.     Meaning of health service complaint

           Part 2--Making health complaints

           Division 1--Who may make health quality complaints

   38.     Who may complain
   39.     Health quality complaint about matter happening before commencement

           Division 2--Who may make health service complaints

   40.     Who may complain
   41.     Representative health service complaint
   42.     Health service complaint about matter happening before commencement
   43.     Substitution of complainant
   44.     Health service complaints about persons who are no longer registered providers

           Division 3--Process for making health complaints

   45.     How to make a health complaint
   46.     Oral complaints to be confirmed in writing
   47.     Complainant to reveal identity
   48.     Further information from complainant
   49.     Commission may require oath or statutory declaration

           Part 3--Dealing with health quality complaints

   50.     How commission must deal with a health quality complaint
   51.     Dealing with quality matter as health service complaint

           Part 4--Dealing with health service complaints

           Division 1--Early resolution of health service complaints

   52.     Early resolution

           Division 2--Assessment of health service complaints

   53.     Commission to immediately assess each health service complaint
   54.     Notice of decision to assess health service complaint
   55.     Submissions about health service complaint
   56.     Power to require information
   57.     Consultation with registration board
   58.     Time limit on assessment
   59.     Decision on assessment of health service complaint
   60.     Notice of assessment decision

           Division 3--Action on acceptance of health service complaints

   61.     Action on acceptance of complaint about provider
   62.     Matters about conciliation

           Division 4--Decisions not to take action on health service complaints

   63.     When commission must decide not to take action
   64.     When commission may decide not to take action
   65.     Withdrawal of complaint

           Division 5--When commission must refer health service complaints to registration boards

   66.     Referral to registration board in public interest

           Division 6--Other matters

   67.     Commission may deal with complaint as 2 or more complaints
   68.     Registration board may delegate function under s 57
   69.     Reports by certain entities
   70.     Use of health service complaint information for quality functions
   71.     General powers to gather information and facilitate resolution of complaints

CHAPTER 6--CONCILIATION

   72.     Conciliator's function exclusive
   73.     Commission officer not to conciliate and investigate same health service complaint
   74.     Conciliation function
   75.     Public interest
   76.     Action by commission on becoming aware of public interest issue
   77.     Progress reports from conciliator
   78.     Results report from conciliator
   79.     Enforceable agreement
   80.     Action on report of unsuccessful conciliation
   81.     Ending conciliation by commission
   82.     Conciliation privileged
   83.     Confidentiality of conciliation
   84.     Professional mentor
   85.     Administrative support staff

CHAPTER 7--INVESTIGATIONS BY COMMISSION

           Part 1--Commission's investigations

   86.     Commission's investigations

           Part 2--Referral of matter to other entity

   87.     Referral to another entity
   88.     Investigation by other entity
   89.     Commission's powers not affected by reference

           Part 3--Action on investigation

   90.     Definitions for pt 3
   91.     Commission's report about investigation
   92.     To whom report may be given

           Part 4--Conciliation after investigation

   93.     Conciliation of investigated health service complaint

CHAPTER 8--INQUIRIES BY COMMISSION

   94.     Commission may conduct an inquiry
   95.     Commission must conduct inquiry if directed by Minister
   96.     Constitution of commission for inquiry
   97.     Who is to preside at inquiry
   98.     Commission must be assisted by lawyer
   99.     Procedure
   100.    Notice of inquiry
   101.    Inquiry to be held in public other than in special circumstances
   102.    Suppression of name of witness
   103.    Protection of commission members, representatives and witnesses
   104.    Record of proceedings to be kept
   105.    Commission's powers on inquiry
   106.    Notice to witness
   107.    Notice requiring information
   108.    Inspection of records or other things
   109.    Offences by witnesses
   110.    Contempt of commission
   111.    Change or absence of inquiry member
   112.    Report by commission
   113.    Minister must table report

CHAPTER 9--MONITORING, ENFORCEMENT AND INVESTIGATIONS

           Part 1--Authorised persons' functions and powers generally

   114.    Functions of authorised person
   115.    Powers of authorised person

           Part 2--Appointment of authorised persons

   116.    Appointment
   117.    Appointment conditions and limit on powers
   118.    Issue of identity card
   119.    Production or display of identity card
   120.    When authorised person ceases to hold office
   121.    Resignation
   122.    Return of identity card

           Part 3--Powers of authorised persons

           Division 1--Power to obtain information

   123.    Power to require information or attendance
   124.    Offences
   125.    Inspection of produced things

           Division 2--Entry of places

   126.    Power to enter places

           Division 3--Procedure for entry

   127.    Entry with consent
   128.    Application for warrant
   129.    Issue of warrant
   130.    Application by electronic communication and duplicate warrant
   131.    Defect in relation to a warrant
   132.    Warrants—procedure before entry

           Division 4--Powers after entry

   133.    General powers after entering places
   134.    Exercise of general powers
   135.    Failure to help authorised person

           Division 5--Power to seize evidence

   136.    Seizing evidence at a place that may be entered without consent or warrant
   137.    Seizing evidence at a place that may only be entered with consent or warrant
   138.    Receipt for seized things
   139.    Forfeiture of seized thing
   140.    Dealing with forfeited things etc.
   141.    Access to seized things
   142.    Return of seized things

           Division 6--Compensation

   143.    Notice of damage
   144.    Compensation

           Division 7--General enforcement matters

   145.    Obstructing authorised person
   146.    Impersonation of authorised person

CHAPTER 10--MATTERS CONCERNING THE COMMISSION

           Part 1--Membership

   147.    Membership of commission
   148.    Commissioner
   149.    Assistant commissioners
   150.    Ineligibility for appointment as commission member
   151.    Term and conditions of appointment
   152.    Vacancy in commission member's office
   153.    Removal or suspension of commission member
   154.    Grant of leave to commission member
   155.    Filling vacancies

           Part 2--Commission business

   156.    Conduct of business
   157.    Presiding at meetings
   158.    Times and places of meetings
   159.    Quorum for meetings
   160.    Conduct of meetings
   161.    Minutes
   162.    Disclosure of interest

           Part 3--Ministers powers to give directions

   163.    Minister may direct inquiry
   164.    Other directions by Minister

           Part 4--Other matters

   165.    Commission's relationship with the State
   166.    Delegation by the commission
   167.    Preservation of rights
   168.    Superannuation for commission member who was previously a public service officer
   169.    Committees
   170.    Nomination of persons for membership of district health councils
   171.    Application of various public sector Acts
   172.    Annual report
   173.    Special report

CHAPTER 11--OFFICE OF THE HEALTH QUALITY AND COMPLAINTS COMMISSION

           Part 1--Establishment

   174.    Establishment of office

           Part 2--Office's function and powers

   175.    Function and powers
   176.    Status

           Part 3--Chief executive officer

   177.    Appointment of chief executive officer
   178.    Conditions of appointment
   179.    Function of chief executive
   180.    Chief executive must act independently etc.
   181.    Delegation by chief executive
   182.    Resignation
   183.    Ending of appointment
   184.    Acting chief executive
   185.    Preservation of rights
   186.    Superannuation for chief executive who was previously a public service officer

           Part 4--Other staff of the office

   187.    Other commission staff

CHAPTER 12--REGISTRATION BOARDS

   188.    Information from registration board
   189.    Registration board may ask commission for information
   190.    Commission may intervene in disciplinary proceedings

CHAPTER 13--OFFENCES AND PROCEEDINGS

   191.    False or misleading statements
   192.    False or misleading records
   193.    Reprisal and grounds for reprisals
   194.    Offence for taking reprisal
   195.    Damages entitlement for reprisal
   196.    Summary offences
   197.    Limitation on time for starting proceedings for summary offence
   198.    Proceedings for indictable offences
   199.    Limitation on who may summarily hear indictable offence
   200.    Allegations of false or misleading information or records
   201.    Appointments and authority
   202.    Signatures
   203.    Other evidentiary aids

CHAPTER 14--OTHER MATTERS

   204.    Verifying information
   205.    Response to adverse comments in commission report
   206.    Dispensing with notice or opportunity to make submissions
   207.    Commission may give combined notice
   208.    Failure by commission to give notice or make assessment
   209.    Form of consultation between commission and registration board
   210.    Commission may provide information
   211.    Investigation etc. despite proceedings
   212.    Giving of information protected
   213.    Reports privileged
   214.    Preservation of confidentiality
   215.    Protecting officials from liability
   216.    Review by committee of the Legislative Assembly
   217.    Regulations

CHAPTER 15--REPEAL AND TRANSITIONAL PROVISIONS

           Part 1--Repeal

   218.    Repeal of Health Rights Commission Act 1991

           Part 2--Transitional provisions

   219.    Definitions for pt 2
   220.    References to repealed Act or former commission
   221.    Assets and liabilities etc.
   222.    Officers of former commission
   223.    Former commission's records
   224.    Proceedings
   225.    Health service complaints
   226.    Direction of Minister given under repealed Act
   227.    Offences
   228.    Things seized
   229.    Former commission's annual report for 2005-2006
   230.    Amendment of regulation by Act
   231.    Transitional regulation-making power

CHAPTER 16--AMENDMENT OF HEALTH SERVICES ACT 1991

   232.    Act amended in ch 16
   233.    Amendment of s 2 (Definitions)
   234.    Amendment of s 10 (Appointment of members)
   235.    Amendment of s 17 (Times and places of meetings)
   236.    Amendment of s 22 (Managers for districts)
   237.    Insertion of new s 23A
   238.    Amendment of s 24 (Appointment of health service employees)
   239.    Insertion of new s 62LA
   240.    Insertion of new pt 9, div 6

CHAPTER 17--AMENDMENT OF OTHER LEGISLATION

   241.    Amendment of legislation
           SCHEDULE 1 HEALTH SERVICES
           SCHEDULE 2 REGISTRATION BOARDS
           SCHEDULE 3 CONSEQUENTIAL AMENDMENTS
           SCHEDULE 4 OTHER AMENDMENTS
           SCHEDULE 5 DICTIONARY