{"id":"tas:act-1997-013","name":"Health Act 1997","slug":"health-act-1997","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"13 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105968,"registerId":"tas-act-1997-013-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Health Act 1997](/view/html/inforce/2026-04-12/act-1997-013) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day or days to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –[*\\[Section 3 Amended by No. 13 of 2019, Sched. 1, Applied:18 Jun 2019\\]*](/view/html/inforce/2019-06-18/act-2019-013#JS1@Ja3@GC1@Hpa@EN)\n> \n> > [*\\[Section 3 Amended by No. 23 of 2022, s. 17, Applied:24 Oct 2022\\]*](/view/html/inforce/2022-10-24/act-2022-023#GS17@Hpa@EN) ***admitted patient*** means an admitted patient as defined in the National Health Data Dictionary;\n> \n> > ***Commonwealth Act*** means the *Health Insurance Act 1973* of the Commonwealth;\n> \n> > ***eligible person*** means an eligible person within the meaning of the Commonwealth Act;\n> \n> > [*\\[Section 3 Amended by No. 17 of 2006, Sched. 3, Applied:01 Oct 2011\\]*](/view/html/inforce/2011-10-01/act-2006-017#JS3@Ja4@GC1@EN) [*\\[Section 3 Amended by No. 23 of 2022, s. 17, Applied:24 Oct 2022\\]*](/view/html/inforce/2022-10-24/act-2022-023#GS17@Hpb@EN) ***health service establishment*** means an establishment within the meaning of the [Health Service Establishments Act 2006](/view/html/inforce/2026-04-12/act-2006-017) ;\n> \n> > [*\\[Section 3 Amended by No. 23 of 2022, s. 17, Applied:24 Oct 2022\\]*](/view/html/inforce/2022-10-24/act-2022-023#GS17@Hpc@EN) ***hospital services*** – see [section 3A](#GS3A@EN) ;\n> \n> > [*\\[Section 3 Amended by No. 13 of 2019, Sched. 1, Applied:18 Jun 2019\\]*](/view/html/inforce/2019-06-18/act-2019-013#JS1@Ja3@GC1@Hpb@EN) ***Medicare commitments*** means the commitments set out in Part 2 of Schedule 1;\n> \n> > [*\\[Section 3 Amended by No. 13 of 2019, Sched. 1, Applied:18 Jun 2019\\]*](/view/html/inforce/2019-06-18/act-2019-013#JS1@Ja3@GC1@Hpc@EN) ***Medicare principles*** means the principles set out in Part 1 of Schedule 1;\n> \n> > [*\\[Section 3 Amended by No. 23 of 2022, s. 17, Applied:24 Oct 2022\\]*](/view/html/inforce/2022-10-24/act-2022-023#GS17@Hpd@EN) ***National Health Data Dictionary*** means the document published, whether in paper or electronic format, by the Australian Institute of Health and Welfare established under the *Australian Institute of Health and Welfare Act 1987* of the Commonwealth, as a reference of standardised accepted terms and protocols for data collection in the health sector, as amended or substituted from time to time;\n> \n> > [*\\[Section 3 Amended by No. 23 of 2022, s. 17, Applied:24 Oct 2022\\]*](/view/html/inforce/2022-10-24/act-2022-023#GS17@Hpd@EN) ***non-admitted patient*** means a person in receipt of non-admitted patient services;\n> \n> > [*\\[Section 3 Amended by No. 23 of 2022, s. 17, Applied:24 Oct 2022\\]*](/view/html/inforce/2022-10-24/act-2022-023#GS17@Hpd@EN) ***non-admitted patient services*** means non-admitted patient services as defined in the National Health Data Dictionary;\n> \n> > ***professional association*** means an association, society, college or other body of health professionals.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Meaning of hospital services","content":"### 3A Meaning of hospital services\n\n> [*\\[Section 3A Inserted by No. 23 of 2022, s. 18, Applied:24 Oct 2022\\]*](/view/html/inforce/2022-10-24/act-2022-023#GS18@EN)\n> \n> > (1)  In this section –\n> > \n> > > ***hospital patient*** means –\n> > > \n> > > > > (a) an admitted patient; or\n> > > > \n> > > > > (b) a non-admitted patient.\n> \n> > (2)  For the purposes of this Act, ***hospital services*** means the provision of any one or more of the following services to a hospital patient:\n> > \n> > > > (a) medical services;\n> > > \n> > > > (b) diagnostic services;\n> > > \n> > > > (c) nursing services;\n> > > \n> > > > (d) paramedical services;\n> > > \n> > > > (e) non-admitted patient services;\n> > > \n> > > > (f) dental services;\n> > > \n> > > > (g) accommodation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Quality assurance committees","content":"### 4 Quality assurance committees\n\n> > (1)  The Minister, by notice published in the *Gazette*, may declare that a specified committee established by the Secretary of the Department, the governing body of a health service establishment or a professional association is an approved quality assurance committee for the purposes of this Act and, by like notice, may revoke the declaration.\n> \n> > (2)  The Minister is not to make a declaration under [subsection (1)](#GS4@Gs1@EN) unless satisfied –\n> > \n> > > > (a) that the committee is established by the Secretary of the Department, by the governing body of a health service establishment or by a professional association; and\n> > > \n> > > > (b) that the committee's functions include the assessment and evaluation of the quality of health services provided by the State, a health service establishment or by members of a professional association including the review of the clinical practices or clinical competence of persons providing those services; and\n> > > \n> > > > (c) that the carrying out of the committee's functions and powers would be facilitated by the provision of immunities afforded by this section in respect of its proceedings; and\n> > > \n> > > > (d) that it is in the public interest that persons be prohibited from disclosing information given to the committee in the course of the performance of its functions.\n> \n> > (3)  A person who is or has been a member of a committee in respect of which a declaration under [subsection (1)](#GS4@Gs1@EN) has been made must not either directly or indirectly –\n> > \n> > > > (a) make a record of, or divulge or communicate to any person, any information gained by or conveyed to that person as such a member while the declaration was in force; or\n> > > \n> > > > (b) make use of any such information –\n> > \n> > except to the extent necessary for the performance of the functions of that committee or of the person as such a member.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units.\n> \n> > (4)  A person who is or has been a member of a committee in respect of which a declaration under [subsection (1)](#GS4@Gs1@EN) has been made is not required –\n> > \n> > > > (a) to produce before any court, tribunal, board, agency or person any document in the person's possession or under the person's control as such a member while the declaration was in force; or\n> > > \n> > > > (b) to divulge or communicate to any court, tribunal, board, agency or person any matter or thing coming under the person's notice as such a member while the declaration was in force.\n> \n> > (5)  [Subsections (3)](#GS4@Gs3@EN) and [(4)](#GS4@Gs4@EN) apply to a person who prepares or has prepared information or documents concerning the proceedings, or for the purposes, of a committee in respect of which a declaration under [subsection (1)](#GS4@Gs1@EN) has been made as if that person is or was a member of the committee.\n> \n> > (6)  Evidence of any information or document relating to the proceedings, or prepared for the purposes, of a committee at any time while a declaration under [subsection (1)](#GS4@Gs1@EN) was in force in respect of it is not admissible in any action or proceedings before any court, tribunal, board, agency or person.\n> \n> > (7)  If there is an inconsistency between this section and a provision of any other Act or law, this section prevails to the extent of the inconsistency.\n> \n> > (8)  [*\\[Section 4 Subsection (8) inserted by No. 33 of 2007, s. 6, Applied:28 Sep 2007\\]*](/view/html/inforce/2007-09-28/act-2007-033#GS6@EN) [Section 62B of the](/view/html/inforce/2026-04-12/act-1995-095#GS62B@EN) [Health Complaints Act 1995](/view/html/inforce/2026-04-12/act-1995-095) and [section 17 of the](/view/html/inforce/2026-04-12/act-1978-082#GS17@EN) [Ombudsman Act 1978](/view/html/inforce/2026-04-12/act-1978-082) do not apply to a disclosure or communication of information to which this section refers.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Medicare principles and commitments","content":"### 5 Medicare principles and commitments\n\n> [*\\[Section 5 Amended by No. 13 of 2019, Sched. 1, Applied:18 Jun 2019\\]*](/view/html/inforce/2019-06-18/act-2019-013#JS1@Ja3@GC2@EN) The Minister is to ensure that in providing public hospital services on behalf of the State to eligible persons –\n> \n> > > (a) the Medicare principles are given effect to; and\n> > \n> > > (b) the Medicare commitments are undertaken –\n> \n> in accordance with any requirements under the *Federal Financial Relations Act 2009* of the Commonwealth.","sortOrder":5},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n[*\\[Section 6 Repealed by No. 13 of 2019, Sched. 1, Applied:18 Jun 2019\\]*](/view/html/inforce/2019-06-18/act-2019-013#JS1@Ja3@GC3@EN)","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Fees","content":"### 7 Fees\n\n> > (1)  If any hospital service is provided to any person by or on behalf of the State, a fee determined in accordance with this section or, if not so determined, prescribed in the regulations is payable by or on behalf of that person.\n> \n> > (2)  The Secretary may waive the payment of the whole or part of any fee payable by or on behalf of a person under this section in such circumstances as the Secretary considers appropriate.\n> \n> > (3)  The fee payable for hospital services provided to a person whose fees and charges are being funded by a licensed insurer, within the meaning of the [Workers Rehabilitation and Compensation Act 1988](/view/html/inforce/2026-04-12/act-1988-004) , is the amount agreed from time to time by the Minister and the relevant licensed insurer for the provision of those services.\n> \n> > (3A)  [*\\[Section 7 Subsection (3A) inserted by No. 28 of 2011, s. 24, Applied:31 Oct 2011\\]*](/view/html/inforce/2011-10-31/act-2011-028#GS24@EN) The fee payable for hospital services provided to a person whose fees and charges are being funded by the Asbestos Compensation Commissioner appointed under the [Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011](/view/html/inforce/2026-04-12/act-2011-029) is the amount agreed from time to time by the Minister and the Asbestos Compensation Commissioner for the provision of those services.\n> \n> > (4)  The fee payable for hospital services provided to a person whose fees and charges are being funded by the Motor Accidents Insurance Board is the amount agreed from time to time by the Minister and the Motor Accidents Insurance Board for the provision of those services.\n> \n> > (5)  The fee payable for hospital services provided to a person whose fees and charges are being funded by a registered organisation, within the meaning of the *National Health Act 1953* of the Commonwealth, is the amount agreed from time to time by the Minister and the registered organisation for the provision of those services.\n> \n> > (6)  The fee payable for hospital services provided to a person whose fees and charges are being funded by a prescribed department is the amount agreed from time to time by the Minister and the Commonwealth Minister for the provision of those services.\n> \n> > (7)  In this section –\n> > \n> > > ***Commonwealth Minister*** means the Minister responsible from time to time for the administration of the prescribed department;\n> > \n> > > ***prescribed department*** means the department or organ of government of the Commonwealth that is responsible for veteran's affairs or defence.","sortOrder":7},{"sectionNumber":"7A","sectionType":"section","heading":"Validation of certain fees charged, amendment of regulations, &c.","content":"### 7A Validation of certain fees charged, amendment of regulations, &c.\n\n> [*\\[Section 7A Inserted by No. 31 of 2015, s. 9, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-031#GS9@EN)\n> \n> > (1)  In this section –\n> > \n> > > ***amending Act*** means the *Health Amendment (Fees Validation) Act 2015*;\n> > \n> > > ***former regulations*** means the *Health (Fees) Regulations 2007* as in force during the validation period;\n> > \n> > > ***rescinded regulations*** means the *Health (Fees) Regulations 1997* as in force during the validation period;\n> > \n> > > ***subsequent regulations*** means the *Health (Fees) Regulations 2007* as in force immediately after the amending Act commences;\n> > \n> > > ***validation day*** means the day on which the amending Act commences;\n> > \n> > > ***validation period*** means the period beginning on 1 April 2007 and ending immediately before the validation day.\n> \n> > (2)  This section applies to a fee that was, before the validation day, charged, or purportedly charged, under regulation 5 of the former regulations, in respect of a period within the validation period, if the fee would have been, but for this section, invalidly charged by reason only that the former regulations, rather than the subsequent regulations, were in effect during the validation period.\n> \n> > (3)  This section also applies to a fee that was, before the validation day, charged, or purportedly charged, under regulation 6 of the rescinded regulations, in respect of a period within the validation period, if the fee would have been, but for this section, invalidly charged by reason only that the expression \"nursing-home-type patient\" did not have, in the rescinded regulations, the meaning set out in regulation 3A of the subsequent regulations.\n> \n> > (4)  A fee to which this section applies is taken to be, and to always have been, validly charged and, if collected or purportedly collected, validly collected.\n> \n> > (5)  Despite [subsections (2)](#GS7A@Gs2@EN) and [(3)](#GS7A@Gs3@EN) , this section does not apply in relation to a fee charged, or purportedly charged, to a person if the fee was collected, or purportedly collected, from the person and then refunded to the person before the validation day.\n> \n> > (6)  The amendment of the former regulations by Part 2 of the amending Act does not prevent the subsequent regulations being subsequently amended or rescinded by any regulations made under this Act.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Delegation","content":"### 8 Delegation\n\n> The Minister may delegate any of his or her functions or powers under this Act (other than this power of delegation).","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"### 9 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may –\n> > \n> > > > (a) be of general or limited application; and\n> > > \n> > > > (b) differ according to differences in place or circumstance; and\n> > > \n> > > > (c) authorise any matter or thing to be determined, applied or regulated by the Secretary of the Department.\n> \n> > (3)  The regulations may adopt, either wholly or in part and with or without modification and either specifically or by reference, any standard, rule, code, specification or method published or issued before or after the commencement of this Act.\n> \n> > (4)  A reference in [subsection (3)](#GS9@Gs3@EN) to a standard, rule, code, specification or method includes a reference to an amendment of the standard, rule, code, specification or method, whether the amendment is published or issued before or after the commencement of this Act.\n> \n> > (5)  In [subsection (4)](#GS9@Gs4@EN) ,\n> > \n> > > ***amendment*** includes –\n> > > \n> > > > > (a) the omission of matter; and\n> > > > \n> > > > > (b) the insertion of additional matter; and\n> > > > \n> > > > > (c) the omission of matter and the substitution of other matter.\n> \n> > (6)  The regulations may –\n> > \n> > > > (a) prescribe different rates of fees in respect of different hospitals, facilities or services maintained, operated or provided by or on behalf of the State or in relation to different classes of persons or different services; and\n> > > \n> > > > (b) prescribe the circumstances in which, or the persons by whom, a fee is not payable for any facility or service provided by or on behalf of the State.\n> \n> > (7)  The regulations may –\n> > \n> > > > (a) provide that it is an offence, punishable on summary conviction, for a person to contravene or fail to comply with any of the regulations; and\n> > > \n> > > > (b) provide, in respect of any such offence, for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.\n> \n> > (8)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.\n> \n> > (9)  A provision referred to in [subsection (8)](#GS9@Gs8@EN) may, if the regulations so provide, take effect from the commencement of this Act or a later date.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Repeals","content":"### 10 Repeals\n\n> The [Health Regional Boards Act 1991](/view/html/inforce/2026-04-12/act-1991-004) and the [Health (Regional Boards) Amendment (Medicare Agreement) Act 1994](/view/html/inforce/2026-04-12/act-1994-003) are repealed.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Savings and transitional provisions","content":"### 11 Savings and transitional provisions\n\n> The savings and transitional provisions set out in [Schedule 3](#JS3@EN) have effect.","sortOrder":12},{"sectionNumber":"12.","sectionType":"section","heading":null,"content":"### 12.\n\n> See [Schedule 4](#JS4@EN) .","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Administration of Act","content":"### 13 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Community and Health Services; and\n> > \n> > > (b) the Department responsible to the Minister for Community and Health Services in relation to the administration of this Act is the Department of Community and Health Services.","sortOrder":14},{"sectionNumber":"SCHEDULE 1 - Medicare principl","sectionType":"part","heading":"SCHEDULE 1 - Medicare principles and commitments","content":"# SCHEDULE 1 - Medicare principl SCHEDULE 1 - Medicare principles and commitments\n\n[Sections 3](#GS3@EN) and [5](#GS5@EN)","sortOrder":15},{"sectionNumber":"Part 1","sectionType":"part","heading":"Medicare principles","content":"# Part 1 Medicare principles\n\n| The Commonwealth and the States are committed to the following principles in the provision of public hospital services: |\n| Explanatory Note: | The Principles focus on the provision of public hospital services to eligible persons, but operate in an environment where eligible persons have the right to choose private health care in public and private hospitals supported by private health insurance. |\n| Choices of services |\n| Principle 1: | Eligible persons must be given the choice to receive public hospital services free of charge as public patients |\n| Explanatory Note 1: | Hospital services include in-patient, out-patient, emergency services (including primary care where appropriate) and day patient services consistent with currently acceptable medical and health service standards. |\n| Explanatory Note 2: | At the time of admission to a hospital, or as soon as practicable after that, an eligible person will be required to elect or confirm whether he or she wishes to be treated as a public or private patient. |\n| Universality of services |\n| Principle 2: | Access to public hospital services is to be on the basis of clinical need |\n| Explanatory Note 1: | None of the following factors are to be a determinant of an eligible person's priority for receiving hospital services: |\n|  | - whether or not an eligible person has health insurance; |\n|  | - an eligible person's financial status or place of residence; |\n|  | - whether or not an eligible person intends to elect, or elects, to be treated as a public or private patient. |\n| Explanatory Note 2: | This principle applies equally to waiting times for elective surgery. |\n| Equity in service provision |\n| Principle 3: | To the maximum practicable extent, a State will ensure the provision of public hospital services equitably to all eligible persons, regardless of their geographical location |\n| Explanatory Note 1: | This principle does not require a local hospital to be equipped to provide eligible persons with every hospital service they may need. |\n| Explanatory Note 2: | In rural and remote areas, a State should ensure provision of reasonable public access to a basic range of hospital services which are in accord with clinical practices. |","sortOrder":16},{"sectionNumber":"Part 2","sectionType":"part","heading":"Commitments","content":"# Part 2 Commitments\n\n| In order to achieve principles 1 to 3, the Commonwealth and States make the following commitments regarding public hospital services for eligible persons: |\n| Information about service provision |\n| Commitment 1: | The Commonwealth and a State must make available information on the public hospital services eligible persons can expect to receive as public patients |\n| Explanatory Note 1: | The joint Commonwealth/State development of a Public Patients' Hospital Charter for each State will be a vehicle for the public dissemination of this information. |\n| Explanatory Note 2: | The Charter will set out the public hospital services available to public patients. |\n| Efficiency and quality in service provision |\n| Commitment 2: | The Commonwealth and the States are committed to making improvements in the efficiency, effectiveness and quality of hospital service delivery |\n| Explanatory Note: | This includes a commitment to quality improvement, outcome measurement, management efficiency and effort to integrate the delivery of hospital and other health and community services. |","sortOrder":17},{"sectionNumber":"SCHEDULE 2","sectionType":"part","heading":"SCHEDULE 2","content":"# SCHEDULE 2 SCHEDULE 2\n\n[*\\[Schedule 2 Repealed by No. 13 of 2019, Sched. 1, Applied:18 Jun 2019\\]*](/view/html/inforce/2019-06-18/act-2019-013#JS1@Ja3@GC4@EN)","sortOrder":18},{"sectionNumber":"SCHEDULE 3 - Savings and trans","sectionType":"part","heading":"SCHEDULE 3 - Savings and transitional provisions","content":"# SCHEDULE 3 - Savings and trans SCHEDULE 3 - Savings and transitional provisions\n\n[Section 11](#GS11@EN)\n\n> **1.   **Interpretation****\n> \n> > In this Schedule –\n> > \n> > > ***Board*** means a Regional Health Board in existence immediately before the proclaimed day;\n> > \n> > > ***proclaimed day*** means the day proclaimed under [section 2](#GS2@EN) .\n\n> **2.   **Assets and liabilities of Boards****\n> \n> > > (1) On the proclaimed day –\n> > > \n> > > > > (a) the assets of a Board are, by virtue of this clause, vested in the Crown on the same terms and conditions as they were vested in the Board; and\n> > > > \n> > > > > (b) all rights, obligations and liabilities of a Board which are subsisting immediately before that day are transferred to the Crown.\n> > \n> > > (2) Any instrument made for the purposes of [subclause (1)](#JS3@GC2@Gc1@EN) is exempt from stamp duty and may be filed, recorded or registered without payment of any fee.\n> > \n> > > (3) All money, land and other property which vests in the Crown as the successor of a Board remains subject to any trusts affecting that property at the time when it so vests and is to be appropriated and dealt with by the Minister for the purposes of those trusts and in accordance with the terms of those trusts.\n\n> **3.   **Contracts and agreements****\n> \n> > On and from the proclaimed day any contract or agreement entered into by or on behalf of a Board before that day is to be treated for all purposes as a contract or agreement entered into by the Crown.\n\n> **4.   **References to Regional Health Board****\n> \n> > On and from the proclaimed day a reference to a Regional Health Board in –\n> > \n> > > > (a) a law; or\n> > > \n> > > > (b) a contract, award or other instrument to which a Board was a party –\n> > \n> > is to be construed as a reference to the Crown.\n\n> **5.   **Legal proceedings****\n> \n> > Any legal or other proceedings which may, before the proclaimed day, have been instituted or continued by or against a Board may, on and after that day, be instituted or continued by or against the Crown.\n\n> **6.   **Quality assurance committees****\n> \n> > A committee declared by the Minister to be an approved quality assurance committee under the [Health (Regional Boards) Act 1991](/view/html/inforce/2026-04-12/act-1991-004) is taken to have been declared as an approved quality assurance committee under this Act.\n\n> **7.   **Employees****\n> \n> > > (1) A person who immediately before the proclaimed day holds office as a person appointed or employed pursuant to [section 22 of the](/view/html/inforce/2026-04-12/act-1991-004#) [Health (Regional Boards) Act 1991](/view/html/inforce/2026-04-12/act-1991-004) (as in force immediately before that day) continues, on that commencement, to hold office on the same terms and conditions as were applicable to that person immediately before that day.\n> > \n> > > (2) A person referred to in [subclause (1)](#JS3@GC7@Gc1@EN) retains all rights, entitlements and privileges which accrued during that person's employment pursuant to [section 22 of the](/view/html/inforce/2026-04-12/act-1991-004#) [Health (Regional Boards) Act 1991](/view/html/inforce/2026-04-12/act-1991-004) .\n\n> **8.   **Acts, &c., done by or to Regional Health Board****\n> \n> > All acts, matters and things done or omitted to be done by, or done or suffered in relation to, a Board before the proclaimed day have, on that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Crown.\n\n> **9.   **Unclaimed property****\n> \n> > Any money or personal effects of a person who has died at a hospital or nursing home maintained and operated by a Board and which has not been dealt with before the proclaimed day in accordance with [section 33 of the](/view/html/inforce/2026-04-12/act-1991-004#) [Health (Regional Boards) Act 1991](/view/html/inforce/2026-04-12/act-1991-004) may, on or after that day, be dealt with as if section 33 had not been repealed.","sortOrder":19},{"sectionNumber":"SCHEDULE 4 - Consequential ame","sectionType":"part","heading":"SCHEDULE 4 - Consequential amendments","content":"# SCHEDULE 4 - Consequential ame SCHEDULE 4 - Consequential amendments\n\n[Section 12](#GS12@EN)","sortOrder":20}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The Act shifted from a regional‑board architecture to state administration and broader hospital service coverage: the Health Regional Boards Act 1991 was repealed and boards' assets/liabilities and employees vested/transferred to the Crown (s.10; Schedule 3). The definition of hospital services was expanded to expressly include non‑admitted care (s.3A, inserted 2022). The Act also incorporates Medicare principles/commitments (s.5 and Schedule 1) and validates past fee practices via s.7A (2015), collectively expanding scope and ministerial regulatory reach."},"complexity_factors":["Multiple post‑enactment amendments and insertions increasing interpretive layers (see s.3 amendments; s.3A inserted 2022; s.7A inserted 2015).","Cross‑jurisdictional references to Commonwealth law and instruments that affect entitlement and funding (Health Insurance Act 1973; Federal Financial Relations Act 2009; National Health Data Dictionary) (see s.3, s.5).","Broad ministerial and secretarial discretion to set and waive fees, delegate functions, and authorise standards or determinations (see ss.7, 8, 9) — raises administrative variability.","Statutory confidentiality, immunity and inadmissibility of evidence for approved quality assurance committee proceedings (s.4) — affects disclosure, litigation and oversight.","Retroactive validation of previously charged fees and regulatory amendments that alter historic legal positions (s.7A) — complicates retrospective claims.","Transitional vesting and succession rules transferring Regional Health Boards' assets, liabilities, contracts and employees to the Crown (s.10; Schedule 3) — impacts contracts, litigation and employment terms.","Multiple fee‑setting routes (prescription in regulations, negotiated agreements with insurers/boards/Commissioners) creating transactional and compliance complexity (s.7 and subsections).","Dependence on an externally maintained, evolving data dictionary to define core terms (National Health Data Dictionary) increases ongoing interpretation and compliance burden (s.3)."],"plain_english_summary":"This Act sets the legal framework for public hospital services: it defines who is a hospital patient and what counts as hospital services, establishes fee rules (including waivers and negotiated rates with insurers/agents), lets the Minister declare approved quality‑assurance committees with confidentiality and immunity for their proceedings, and authorises broad regulation‑making and adoption of external standards. It directly affects patients (who may pay fees unless waived), hospitals and professionals, insurers and the State; decision‑makers (Minister and Secretary) obtain substantial discretion over fees, committees, data and regulations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available metadata, there is no indication the Act has materially departed from its original public health administration purpose. It has been amended over time, but the core scope appears consistent with its 1997 intent. A full assessment is not possible given only status information was provided."},"complexity_factors":["Foundational public health legislation typically covers broad and diverse subject matter across multiple regulatory domains","Likely involves interaction with multiple other Acts (environmental, local government, food safety, mental health)","Has been amended multiple times since 1997, creating layered obligations that require cross-referencing","Grants significant discretionary powers to health officers, which can be complex to interpret in practice","Applies to both individuals and organisations across varied contexts (businesses, premises, disease control)","Insufficient text provided to fully assess complexity — only metadata was included in the source document, limiting analysis accuracy"],"plain_english_summary":"Tasmania’s Health Act 1997 is the state’s core public‑health law, creating the legal framework for managing public health, disease control, environmental health, and regulation of health‑related premises and services. It empowers health officers and authorities to investigate and respond to health risks. The Act affects all Tasmanians, relevant businesses, local councils and health professionals — providing the statutory basis for outbreak response and enforcing community health standards."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1997 Act appears to have been primarily about abolishing Regional Health Boards and transferring their functions to the Crown (evidenced by extensive transitional provisions in Schedule 3). However, the Act has grown significantly through amendments to become the primary legislative vehicle for Tasmania's Medicare Agreement obligations with the Commonwealth. The 2019 amendments inserted detailed Medicare principles and commitments (Schedule 1), and the 2022 amendments expanded hospital services definitions. Section 7A (2015) added retrospective validation of fees, and section 3A (2022) created an elaborate definitional structure for hospital services. The Act has evolved from an administrative restructuring law into a comprehensive framework governing public hospital funding, patient rights, and quality assurance."},"complexity_factors":["Multiple cross-references to Commonwealth legislation (Health Insurance Act 1973, Federal Financial Relations Act 2009, National Health Act 1953)","Defined terms rely on external documents (National Health Data Dictionary published by AIHW)","Nested definitions: 'hospital services' defined by reference to 'hospital patient', which is defined by reference to 'admitted patient' and 'non-admitted patient', which are defined by reference to the external Data Dictionary","Retrospective validation provisions in section 7A with multiple defined terms specific to that section","Savings and transitional provisions dealing with abolished Regional Health Boards (Schedule 3)","Inconsistency clause in section 4(7) giving this Act precedence over other laws","Specific exclusions from other Acts (Health Complaints Act 1995 and Ombudsman Act 1978) in section 4(8)"],"plain_english_summary":"This is the **Health Act 1997** (Tasmania), which sets up the legal framework for how public hospital services are delivered and paid for in the state.\n\n**What it does:**\n\n* **Protects quality assurance committees** – Special committees that review clinical practices and health service quality can be declared \"approved\" by the Minister. Members get legal protections: they can't be forced to reveal committee information in court, and information from committee proceedings generally can't be used as evidence elsewhere. This encourages open discussion about medical mistakes and quality improvements without fear of lawsuits.\n\n* **Enshrines Medicare principles** – The Act legally binds Tasmania to provide free public hospital care to eligible people (Australian residents with Medicare cards) based on **clinical need**, not ability to pay or insurance status. People must be given a clear choice between being treated as a public patient (free) or private patient (potentially with out-of-pocket costs).\n\n* **Sets fees for hospital services** – While public patients get free care, the Act allows fees to be charged to:\n  * Private patients\n  * Workers compensation insurers\n  * Motor accident insurers\n  * The Asbestos Compensation Commissioner\n  * Veterans' affairs and defence departments\n  * Private health insurers\n  The Minister can also waive fees in appropriate circumstances.\n\n* **Validates past fee charges** – A special section fixes a technical problem where fees charged between 2007-2015 might have been legally questionable, making them valid retrospectively.\n\n**Who it affects:**\n\n* **Patients** – Anyone using Tasmanian public hospitals, especially regarding their rights to free care and choices about public vs private treatment\n* **Health professionals** – Doctors, nurses and others serving on quality assurance committees\n* **Hospitals and health services** – Must comply with Medicare principles and fee-setting rules\n* **Insurers and government agencies** – Who negotiate and pay fees for services to their members or clients\n\n**Why it matters:**\nThis Act underpins Tasmania's agreement with the Commonwealth government for hospital funding. Without it, Tasmania wouldn't receive federal health funding. It also protects the \"safety net\" of free public hospital care while allowing the state to recover costs from insurers and private patients."}},"importantCases":[],"_links":{"self":"/api/acts/health-act-1997","history":"/api/acts/health-act-1997/history","analysis":"/api/acts/health-act-1997/analysis","conflicts":"/api/acts/health-act-1997/conflicts","importantCases":"/api/acts/health-act-1997/important-cases","documents":"/api/acts/health-act-1997/documents"}}