Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
carer means a person who is a carer as defined in
section 4 of the Carers Recognition Act 2004 in relation to a user;
conciliator means a person to whom the task of
conciliation is assigned under section 36 and includes persons assigned
to be joint conciliators;
Director means a person appointed as Director
under section 7(1);
excluded service means a health service that is
provided without remuneration in a rescue or emergency situation;
Health Department has the meaning given to
“Department” by section 3 of the Health Legislation
Administration Act 1984 ;
health service means any service provided by way
of —
(a)
diagnosis or treatment of physical or mental disorder or suspected disorder;
(b)
health care, including palliative health care;
(c) a
preventive health care programme, including a screening or immunization
programme; and
(d)
medical or epidemiological research,
and includes any —
(e)
ambulance service;
(f)
welfare service that is complementary to a health service;
(g)
service coming within paragraph (a), (b) or (c) that is provided by a
person who advertises or holds himself or herself out as a person who provides
any health care or treatment; and
(h)
prescribed service,
but does not include an excluded service;
industrial tribunal means —
(a) the
Australian Industrial Relations Commission; or
(b) The
Western Australian Industrial Relations Commission under the
Industrial Relations Act 1979 and each constituent authority under that
Act;
member of the staff means an officer or person
referred to in section 14 or 15 and any person whose services are used
under section 16;
Office means the Office of Health Review
established by section 6(1);
provide , in relation to a health service,
includes the carrying out of medical or epidemiological research;
provider includes —
(a) an
individual or a group of individuals or a body that renders or provides any
health service;
(b) a
person who manages or is the chief executive of —
(i)
a body by which or an institution in which any health
service is rendered or provided; or
(ii)
a body or institution that provides a health service and
that is prescribed or belongs to a class that is prescribed for the purposes
of this paragraph;
(c) the
chief executive officer of the Health Department in respect of any health
services provided or rendered by persons carrying out the functions of the
Health Department, but not including a health service provided or rendered in
a public hospital under the Hospitals and Health Services Act 1927 ;
(d) a
body or a group of individuals that provides a health service and that is
prescribed as a provider;
(e) an
individual or group of individuals or a body that provides a health service
and that is included in a class that is prescribed as providers;
public provider means a provider that represents
the Crown, and includes any person acting on behalf of a representative of the
Crown;
registered provider means a person licensed,
registered or certificated by a registration board;
registration board means a body that is listed in
Schedule 1;
user means a person who —
(a) uses
or receives a health service; or
(b) is
the subject of medical or epidemiological research,
but a person is not within this definition merely
because he or she has arranged a health service for a user.
(2) The Governor may,
by order published in the Gazette , amend Schedule 1.
(3) The fact that
the definition of “provider” in
subsection (1) —
(a) in
subparagraph (b) refers to a person who manages or is the chief executive
of a body or institution; and
(b) in
paragraph (c) refers to the chief executive officer of the Health
Department,
is not to be read as
limiting the exercise of any power that the person or chief executive officer
has to delegate the performance of his or her functions.
[Section 3 amended by No. 37 of 2004
s. 31; No. 28 of 2006 s. 257.]