{"id":"health-services-general-regulations-2019","name":"Health Services (General) Regulations 2019","slug":"health-services-general-regulations-2019","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176798,"registerId":"wa-health-services-general-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Services (General) Regulations 2019","content":"![Crest]()Western Australia\n\nHealth Services Act 2016\n\nHealth Services (General) Regulations 2019\n\nWestern Australia\n\nHealth Services (General) Regulations 2019\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\nPart 2 — General matters\n\n3. Prescribed amount: Act s. 38(2) 2\n\n4. Prescribed date: Act s. 47(1) 2\n\nPart 3 — Employment matters\n\n5. Prescribed amount in lieu of notice of termination: Act s. 125(2) 3\n\n6. Prescribed amounts in lieu of reappointment: Act s. 131 3\n\n7. Prescribed period in relation to refund of compensation: Act s. 134(1) 3\n\nPart 4 — Disciplinary matters\n\nDivision 1 — Former employees\n\n8. Purpose of Division 4\n\n9. Terms used 4\n\n10. Disciplining former employees currently employed by the State: Act s. 155 5\n\n11. Disciplining former employees currently not employed by the State: Act s. 155 6\n\nDivision 2 — Miscellaneous\n\n12. Prescribed period for termination: Act s. 168(2) 7\n\n13. Prescribed period for referral: Act s. 172(5) 7\n\nPart 5 — *Public Sector Management (Redeployment and Redundancy) Regulations 2014* modifications\n\n14. Term used: applied regulations 8\n\n15. Modification of applied regulations: Act s. 174(3) 8\n\n16. Regulation 3 modified 8\n\n17. Regulation 5 modified 8\n\n18. Regulation 43 modified 9\n\nNotes\n\nCompilation table 10\n\nDefined terms\n\n  \n\nHealth Services Act 2016\n\nHealth Services (General) Regulations 2019\n\nMade by the Governor in Executive Council.\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Health Services (General) Regulations 2019*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) Part 1 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n## Part 2 — General matters\n\n##### 3. Prescribed amount: Act s. 38(2)\n\n(1) The amount for the purposes of paragraph (b) of the definition of ***transaction*** in section 38(1) of the Act is —\n\n(a) $50 000 000 in the case of a transaction in relation to —\n\n(i) acquiring property, plant or equipment; and\n\n(ii) commissioning and delivering capital works or maintenance works for property, plant or equipment; and\n\n(iii) acquiring or developing intellectual property or other intangible assets;\n\nand\n\n(b) $100 000 000 in the case of a transaction in which a health service provider is procuring goods or services in relation to the provider’s operating activities.\n\n(2) The amount for the purposes of paragraph (c) of the definition of ***transaction*** in section 38(1) of the Act is $250 000.\n\n[Regulation 3 amended: SL 2023/94 r. 4.]\n\n##### 4. Prescribed date: Act s. 47(1)\n\nFor the purposes of section 47(1)(a) of the Act the prescribed date is 1 month after the day on which the health service provider is established.\n\n## Part 3 — Employment matters\n\n##### 5. Prescribed amount in lieu of notice of termination: Act s. 125(2)\n\nFor the purposes of section 125(2) of the Act the prescribed amount is an amount equal to the amount of remuneration payable to the health executive concerned for the period of 12 weeks immediately preceding the day on which remuneration ceased to be payable to that health executive.\n\n##### 6. Prescribed amounts in lieu of reappointment: Act s. 131\n\n(1) For the purposes of section 131(b)(i) of the Act, the prescribed maximum amount is an amount equal to the amount of remuneration payable to the health executive concerned for the period of 12 weeks immediately preceding the day on which remuneration ceased to be payable to that health executive.\n\n(2) For the purposes of section 131(b)(ii) of the Act, the prescribed minimum amount is an amount equal to the amount of remuneration payable to the health executive concerned for the last day on which remuneration is payable to that health executive.\n\n##### 7. Prescribed period in relation to refund of compensation: Act s. 134(1)\n\nFor the purposes of the definition of ***prescribed period*** in section 134(1) of the Act, the period prescribed is a period equal to the period by reference to which the amount of compensation paid to the person concerned under section 133 of the Act was calculated.\n\n## Part 4 — Disciplinary matters\n\n### Division 1 — Former employees\n\n##### 8. Purpose of Division\n\nThis Division prescribes —\n\n(a) for the purposes of section 155(1) and (4) of the Act, the circumstances when —\n\n(i) a former employee is taken to be an employee for the purposes of Part 11 of the Act; and\n\n(ii) a former employee’s former employing authority is taken to be a reference to the employing authority of a former employee;\n\nand\n\n(b) for the purposes of section 155(2) of the Act, the disciplinary actions prescribed for former employees.\n\n##### 9. Terms used\n\nIn this Division —\n\ncurrent State employee means a former employee who is employed by —\n\n(a) another health service provider; or\n\n(b) a public authority (other than a local government, regional local government or regional subsidiary);\n\nformer employee has the meaning given in section 155(1) of the Act;\n\nformer employing authority, in relation to a former employee, means the former employee’s employing authority at the time the former employee may have committed a suspected breach of discipline;\n\npublic interest consideration, in relation to a suspected breach of discipline by an employee, includes the following —\n\n(a) the seriousness of the suspected breach;\n\n(b) whether the suspected breach was an isolated incident;\n\n(c) the status and position of the employee;\n\n(d) whether the person is employed, or is likely to be re‑employed in the future, by a health service provider or a public authority;\n\n(e) the length of time that has elapsed since the suspected breach occurred;\n\n(f) the likely impact on public confidence in the WA health system if the suspected breach is not dealt with as a disciplinary matter;\n\n(g) any mitigating factors relating to the personal circumstances of the employee;\n\n(h) the likely cost and administrative burden involved in dealing with the suspected breach as a disciplinary matter.\n\n##### 10. Disciplining former employees currently employed by the State: Act s. 155\n\n(1) If a former employee is a current State employee, the prescribed circumstances under section 155(1) and (4) for the current State employee are —\n\n(a) the suspected breach of discipline occurred when the former employing authority was the employing authority of the employee; and\n\n(b) before commencing dealing with the disciplinary matter —\n\n(i) the former employing authority consulted with the employee’s current employing authority; and\n\n(ii) the current employing authority of the employee decided not to treat the matter as a disciplinary matter under a written law;\n\nand\n\n(c) having regard to public interest considerations, the former employing authority considers it appropriate to commence or continue dealing with the matter as a disciplinary matter under a written law.\n\n(2) For the purposes of section 155(2) of the Act, the prescribed disciplinary actions for a current State employee are paragraphs (a) to (h) of the definition of ***disciplinary action*** in section 6 of the Act.\n\n(3) If the former employing authority finds the current State employee has committed a breach of discipline and decides to take disciplinary action, the former employing authority must consult with the employee’s current employing authority before taking the action.\n\n##### 11. Disciplining former employees currently not employed by the State: Act s. 155\n\n(1) If a former employee is not a current State employee, the prescribed circumstances under section 155(1) and (4) for the former employee are —\n\n(a) the suspected breach of discipline occurred when the former employing authority was the employing authority of the former employee; and\n\n(b) having regard to public interest considerations, the former employing authority considers it appropriate to commence or continue dealing with the matter as a disciplinary matter.\n\n(2) For the purposes of section 155(2) of the Act, the prescribed disciplinary actions for a former employee who is not a current State employee are paragraphs (a) and (b) of the definition of ***disciplinary action*** in section 6 of the Act.\n\n### Division 2 — Miscellaneous\n\n##### 12. Prescribed period for termination: Act s. 168(2)\n\nFor the purposes of section 168(2)(a) of the Act, the prescribed period is 30 days.\n\n##### 13. Prescribed period for referral: Act s. 172(5)\n\nFor the purposes of section 172(5) of the Act, the prescribed period is 28 days.\n\n## Part 5 — *Public Sector Management (Redeployment and Redundancy) Regulations 2014* modifications\n\n##### 14. Term used: applied regulations\n\nIn this Part —\n\napplied regulations means the *Public Sector Management (Redeployment and Redundancy) Regulations 2014* as applied under section 174 of the Act.\n\n##### 15. Modification of applied regulations: Act s. 174(3)\n\nFor the purposes of Part 12 of the Act, the applied regulations are to be read as set out in this Part.\n\n##### 16. Regulation 3 modified\n\nRegulation 3(1) of the applied regulations is to be read as if the following were inserted:\n\nDepartment has the meaning given in the *Health Services Act 2016* section 6;\n\nDepartment CEO has the meaning given in the *Health Services Act 2016* section 6;\n\nemployee has the meaning given in the *Health Services Act 2016* section 6;\n\nemploying authority has the meaning given in the *Health Services Act 2016* section 6;\n\n##### 17. Regulation 5 modified\n\n(1) In regulation 5(2) of the applied regulations —\n\n(a) paragraph (a) is to be read as if “an executive officer” were deleted and the following inserted:\n\na chief executive or a health executive\n\n(b) paragraph (b) is to be read as if “section 59 of the Act” were deleted and the following inserted:\n\nthe *Health Services Act 2016* section 133\n\n(c) paragraph (g) is to be read as if “Part 5 Division 3 of the Act.” were deleted and the following inserted:\n\nthe *Health Services Act 2016* Part 11 Division 3.\n\n(2) Regulation 5(3) of the applied regulations is to be read as if “section 58(5) of the Act.” were deleted and the following inserted:\n\nthe *Health Services Act 2016* section 132(7).\n\n##### 18. Regulation 43 modified\n\nRegulation 43 of the applied regulations is to be read as if “section 82A(3)(a), 88(a) or 89(1) of the Act” were deleted and the following inserted:\n\nthe *Health Services Act 2016* section 150, 163(3) or 166\n\n![]()\n\nNotes\n\nThis is a compilation of the *Health Services (General) Regulations 2019* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Health Services (General) Regulations 2019* | 7 Nov 2019 p. 3987-4000 | Pt. 1: 7 Nov 2019 (see r. 2(a));<br>Regulations other than Pt. 1: 8 Nov 2019 (see r. 2(b)) |\n| *Health Services (General) Amendment Regulations 2023* | SL 2023/94 30 Jun 2023 | r. 1 and 2: 30 Jun 2023 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2023 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napplied regulations 14\n\ncurrent State employee 9\n\nDepartment 16\n\nDepartment CEO 16\n\nemployee 16\n\nemploying authority 16\n\nformer employee 9\n\nformer employing authority 9\n\npublic interest consideration 9\n\n© State of Western Australia 2023.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Part 5 expressly modifies the scope and reading of the Public Sector Management (Redeployment and Redundancy) Regulations when applied under the Health Services Act by inserting Health Services Act definitions (Department, Department CEO, employee, employing authority) and by substituting specific section references (regs 16–18). Those modifications change how the applied regulations operate for health service providers and their employees under Part 12 of the Act."},"complexity_factors":["Wide use of cross‑references to the Health Services Act 2016 and to another set of regulations, requiring readers to read multiple instruments together (see regs 3,5–7,8–13,15–18).","Numeric thresholds and monetary formulas set by regulation (transaction caps, prescribed amounts and periods) that determine when higher‑level approvals or payments apply (reg 3; regs 5–7).","A multi‑factor 'public interest' test for disciplining former employees that creates discretionary assessment points (definition and factors listed in reg 9; applied in regs 10–11).","Mandatory consultation and coordination duties between former and current employing authorities before commencing or taking action, adding procedural steps and potential delay (regs 10(1)(b),10(3)).","Modifications to the applied Public Sector Management (Redeployment and Redundancy) Regulations that change definitions and substitute Act references, altering the scope and interpretation of those external rules (Part 5; regs 16–18).","Several prescribed time periods and look‑back calculations (prescribed date, prescribed periods for refunds, termination and referrals) that tie operational deadlines to other events (regs 4,7,12,13).","Defined‑term layering (e.g. 'former employee', 'current State employee', 'former employing authority') increases interpretative complexity and requires checking definitions in both this instrument and the Act (regs 9,14)."],"plain_english_summary":"These regulations set numerical thresholds, time limits and payment rules used under the *Health Services Act 2016* (for procurement and transaction sizes, prescribed dates, notice/reappointment payments and refund periods) and prescribe when and how former employees may be disciplined. They also modify the Public Sector Management (Redeployment and Redundancy) Regulations to align key definitions and cross‑references (*Part 5*).\n\nThey affect health service providers, health executives and employing authorities: providers carry the financial obligations (reg 3); employing authorities decide on disciplinary action and must consult other State employers in specified cases (regs 10–11)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — no legislative text was available for analysis. Only a broken webpage notice was provided."},"complexity_factors":["No legislative content was provided — only an error/redirect page was submitted for analysis","Complexity cannot be meaningfully assessed without the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No analysable content available.**\n\nThe page that was supposed to contain the **Health Services (General) Regulations 2019** (a Western Australian law) is no longer accessible — the link is broken due to website upgrades. As a result, there is no actual legislative text to analyse or summarise.\n\nWhat we do know from the title alone:\n- This is a **Western Australian regulation** (a type of law made under a parent Act, rather than by Parliament directly)\n- It relates to **health services generally** in WA\n- It was made in **2019**\n\nTo find the actual text, visit the [Western Australian Legislation website](https://www.legislation.wa.gov.au) and search for \"Health Services (General) Regulations 2019\" directly."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing specific amounts, periods, and procedural details necessary to operationalise the Health Services Act 2016. The 2023 amendment (noted in the compilation table) only updated the monetary threshold in regulation 3, indicating the scope has remained stable since inception."},"complexity_factors":["Heavy cross-referencing to the parent Health Services Act 2016 (nearly every provision references a specific section of the Act)","Modification of external regulations (Public Sector Management Regulations 2014) by textual substitution rather than direct amendment, requiring readers to mentally overlay changes onto a separate document","Nested conditional logic in Part 4 regarding disciplinary actions for former employees (distinguishing between 'current State employees' vs others, with different procedural requirements and available sanctions for each category)","8 defined terms across the instrument, with some terms like 'public interest consideration' containing 8 sub-factors that must be considered","Monetary thresholds with multiple tiers ($50M, $100M, $250K) and different applicability conditions","Requires understanding of 'applied regulations' concept - regulations made under one Act being borrowed and modified for use under another Act"],"plain_english_summary":"This is a Western Australian regulation that fills in the operational details for the Health Services Act 2016. It sets specific dollar amounts and timeframes for how health service providers handle money, employment, and disciplinary matters.\n\n**Key things it does:**\n\n**Money thresholds for big decisions (Part 2)**\n- Sets the dollar limits that trigger special approval requirements for health service providers when they spend money. For buying property, equipment, or building works, the threshold is **$50 million**. For regular operating expenses like buying goods or services, it's **$100 million**. Smaller transactions over **$250,000** also have specific rules.\n- Requires new health service providers to establish an audit committee within **1 month** of being set up.\n\n**Employment payouts (Part 3)**\n- If a senior health executive (a \"health executive\") is terminated without proper notice, they must be paid **12 weeks** of their salary as compensation.\n- If they're not reappointed when their term ends, they get between **1 day** and **12 weeks** of pay depending on circumstances.\n- If someone receives a redundancy payout but then gets another government job, they must pay back the compensation calculated based on the time period used to work out the original payment.\n\n**Disciplinary rules for former employees (Part 4)**\n- Allows health services to discipline staff who have already left their job, but only in specific circumstances.\n- Distinguishes between people who left but work elsewhere in the WA public sector (\"current State employees\") and those who left completely.\n- For current public sector workers, their old boss must consult with their new boss before taking action, and can use the full range of disciplinary measures (warnings, fines, demotion, sacking).\n- For people who left the public sector entirely, only warnings or fines can be used.\n- Lists \"public interest considerations\" to help decide whether it's worth pursuing old misconduct, including how serious it was, how long ago it happened, and whether it would damage public confidence in the health system if ignored.\n- Sets **30 days** as the time limit for sacking someone after a disciplinary finding, and **28 days** for referring matters to the State Administrative Tribunal.\n\n**Redundancy rules (Part 5)**\n- Adapts the general public sector redundancy regulations to work specifically for health service employees by swapping in Health Services Act definitions and references.\n\n**Who it affects:**\nHealth service providers (like WA Health hospitals and services), their senior executives, and former employees who may have committed misconduct before leaving."}},"importantCases":[],"_links":{"self":"/api/acts/health-services-general-regulations-2019","history":"/api/acts/health-services-general-regulations-2019/history","analysis":"/api/acts/health-services-general-regulations-2019/analysis","conflicts":"/api/acts/health-services-general-regulations-2019/conflicts","importantCases":"/api/acts/health-services-general-regulations-2019/important-cases","documents":"/api/acts/health-services-general-regulations-2019/documents"}}