{"id":"qld:act-2019-038","name":"Health Transparency Act 2019","slug":"health-transparency-act-2019","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"38 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29608,"registerId":"qld-act-2019-038-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Health Transparency Act 2019 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThe following provisions commence on a day to be fixed by proclamation—\nsections 3 to 6 ;\nparts 2 to 5 ;\npart 6 , other than division 4 , subdivisions 1 and 2 ;\nschedules 1 and 2 .\n- (a) sections 3 to 6 ;\n- (b) parts 2 to 5 ;\n- (c) part 6 , other than division 4 , subdivisions 1 and 2 ;\n- (d) schedules 1 and 2 .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act","content":"### sec.3 Purposes of Act\n\nThe purposes of this Act are—\nto improve the transparency of the quality and safety of health services provided in Queensland; and\nto help people make better-informed decisions about their health care.\n- (a) to improve the transparency of the quality and safety of health services provided in Queensland; and\n- (b) to help people make better-informed decisions about their health care.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"How purposes are achieved","content":"### sec.4 How purposes are achieved\n\nThe purposes of this Act are achieved by enabling the publication and collection of particular types of information about public sector health service facilities, private health facilities, State aged care facilities and private residential aged care facilities.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State.\nHowever, the State can not be prosecuted for an offence against this Act.\n(sec.5-ssec.1) This Act binds all persons, including the State.\n(sec.5-ssec.2) However, the State can not be prosecuted for an offence against this Act.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Information to which Act applies","content":"# Information to which Act applies","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Information to which Act applies","content":"### sec.7 Information to which Act applies\n\nThis Act applies to—\ngeneral information about—\npublic sector health service facilities; and\nprivate health facilities; and\nState aged care facilities; and\nprivate residential aged care facilities; and\nquality and safety information about—\npublic sector health service facilities; and\nprivate health facilities; and\nresidential care information about—\nState aged care facilities; and\nprivate residential aged care facilities.\nThis Act applies to information mentioned in subsection (1) that is—\npublicly available; or\ngiven to the chief executive under or in relation to the administration of this Act; or\nheld by the chief executive as a result of obtaining or having access to the information, or information from which the information was derived—\nunder a service agreement under the Hospital and Health Boards Act 2011 , section 35 ; or\nunder the Hospital and Health Boards Act 2011 , section 138F or 138M ; or\nbecause of a report given under the Private Health Facilities Act 1999 , section 144 ; or\nunder the Public Health Act 2005 , section 217 or 218 .\nSubsection (2) (c) applies to information held by the chief executive on or after the commencement.\n(sec.7-ssec.1) This Act applies to— general information about— public sector health service facilities; and private health facilities; and State aged care facilities; and private residential aged care facilities; and quality and safety information about— public sector health service facilities; and private health facilities; and residential care information about— State aged care facilities; and private residential aged care facilities.\n(sec.7-ssec.2) This Act applies to information mentioned in subsection (1) that is— publicly available; or given to the chief executive under or in relation to the administration of this Act; or held by the chief executive as a result of obtaining or having access to the information, or information from which the information was derived— under a service agreement under the Hospital and Health Boards Act 2011 , section 35 ; or under the Hospital and Health Boards Act 2011 , section 138F or 138M ; or because of a report given under the Private Health Facilities Act 1999 , section 144 ; or under the Public Health Act 2005 , section 217 or 218 .\n(sec.7-ssec.3) Subsection (2) (c) applies to information held by the chief executive on or after the commencement.\n- (a) general information about— (i) public sector health service facilities; and (ii) private health facilities; and (iii) State aged care facilities; and (iv) private residential aged care facilities; and\n- (i) public sector health service facilities; and\n- (ii) private health facilities; and\n- (iii) State aged care facilities; and\n- (iv) private residential aged care facilities; and\n- (b) quality and safety information about— (i) public sector health service facilities; and (ii) private health facilities; and\n- (i) public sector health service facilities; and\n- (ii) private health facilities; and\n- (c) residential care information about— (i) State aged care facilities; and (ii) private residential aged care facilities.\n- (i) State aged care facilities; and\n- (ii) private residential aged care facilities.\n- (i) public sector health service facilities; and\n- (ii) private health facilities; and\n- (iii) State aged care facilities; and\n- (iv) private residential aged care facilities; and\n- (i) public sector health service facilities; and\n- (ii) private health facilities; and\n- (i) State aged care facilities; and\n- (ii) private residential aged care facilities.\n- (a) publicly available; or\n- (b) given to the chief executive under or in relation to the administration of this Act; or\n- (c) held by the chief executive as a result of obtaining or having access to the information, or information from which the information was derived— (i) under a service agreement under the Hospital and Health Boards Act 2011 , section 35 ; or (ii) under the Hospital and Health Boards Act 2011 , section 138F or 138M ; or (iii) because of a report given under the Private Health Facilities Act 1999 , section 144 ; or (iv) under the Public Health Act 2005 , section 217 or 218 .\n- (i) under a service agreement under the Hospital and Health Boards Act 2011 , section 35 ; or\n- (ii) under the Hospital and Health Boards Act 2011 , section 138F or 138M ; or\n- (iii) because of a report given under the Private Health Facilities Act 1999 , section 144 ; or\n- (iv) under the Public Health Act 2005 , section 217 or 218 .\n- (i) under a service agreement under the Hospital and Health Boards Act 2011 , section 35 ; or\n- (ii) under the Hospital and Health Boards Act 2011 , section 138F or 138M ; or\n- (iii) because of a report given under the Private Health Facilities Act 1999 , section 144 ; or\n- (iv) under the Public Health Act 2005 , section 217 or 218 .","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"What is general information","content":"### sec.8 What is general information\n\nGeneral information , about a public sector health service facility, private health facility, State aged care facility or private residential aged care facility, is—\ninformation that identifies the facility, including, for example—\nthe name, address, phone number and website of the facility; and\nwhether the facility is a public sector health service facility, day hospital, private hospital, State aged care facility or private residential aged care facility; or\ndetails of the health services provided at or by the facility; or\ntypes of clinical specialities provided at or by the facility\nmaternity models of care provided at or by the facility\ninformation about other services available at or near the facility that may help people who are admitted at the facility, attending an appointment at the facility or visiting the facility.\ninformation about any carpark at or near the facility\ninformation about public transport to the facility\ninformation about interpreter services available at the facility\n- (a) information that identifies the facility, including, for example— (i) the name, address, phone number and website of the facility; and (ii) whether the facility is a public sector health service facility, day hospital, private hospital, State aged care facility or private residential aged care facility; or\n- (i) the name, address, phone number and website of the facility; and\n- (ii) whether the facility is a public sector health service facility, day hospital, private hospital, State aged care facility or private residential aged care facility; or\n- (b) details of the health services provided at or by the facility; or Examples— • types of clinical specialities provided at or by the facility • maternity models of care provided at or by the facility\n- • types of clinical specialities provided at or by the facility\n- • maternity models of care provided at or by the facility\n- (c) information about other services available at or near the facility that may help people who are admitted at the facility, attending an appointment at the facility or visiting the facility. Examples— • information about any carpark at or near the facility • information about public transport to the facility • information about interpreter services available at the facility\n- • information about any carpark at or near the facility\n- • information about public transport to the facility\n- • information about interpreter services available at the facility\n- (i) the name, address, phone number and website of the facility; and\n- (ii) whether the facility is a public sector health service facility, day hospital, private hospital, State aged care facility or private residential aged care facility; or\n- • types of clinical specialities provided at or by the facility\n- • maternity models of care provided at or by the facility\n- • information about any carpark at or near the facility\n- • information about public transport to the facility\n- • information about interpreter services available at the facility","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"What is quality and safety information","content":"### sec.9 What is quality and safety information\n\nQuality and safety information , about a public sector health service facility or private health facility, is—\ninformation about the facility’s accreditation and performance against the National Safety and Quality Health Service Standards; or\nThe National Safety and Quality Health Service Standards are available on the Australian Commission on Safety and Quality in Health Care’s website.\nany of the following information prescribed by regulation—\naccess to care information;\nactivity information;\npatient outcome information;\nprocess of care information;\nother information relating to the quality and safety of health services provided at the facility.\nIn this section—\naccess to care information means information about the time frames in which health services are provided to patients at or by the facility, including, for example—\nthe percentage of patients treated within clinically recommended times at the facility; and\nthe number of patients waiting for a health service at the facility.\nactivity information means—\ninformation about patients admitted to a facility, including, for example—\nthe number of patients admitted to and discharged from the facility; and\nthe reason for admission; and\nthe length of time spent in the facility; or\ninformation about patients who are not admitted to a facility, but who receive a service at the facility, including, for example, the number of patients receiving care as an outpatient at the facility.\npatient outcome information means information about—\nthe impact on patients of a health service provided at or by the facility, including, for example, the change in the health of a person, group of people or population that is wholly or partly attributable to the service; or\nthe effectiveness of a health service provided at or by the facility, including, for example, the extent to which a health service provided to a person at the facility achieved the best possible outcome for the person’s health.\nprocess of care information means information about processes that are in place to support quality and safety of health services at the facility, including, for example, infection management processes at the facility.\n(sec.9-ssec.1) Quality and safety information , about a public sector health service facility or private health facility, is— information about the facility’s accreditation and performance against the National Safety and Quality Health Service Standards; or The National Safety and Quality Health Service Standards are available on the Australian Commission on Safety and Quality in Health Care’s website. any of the following information prescribed by regulation— access to care information; activity information; patient outcome information; process of care information; other information relating to the quality and safety of health services provided at the facility.\n(sec.9-ssec.2) In this section— access to care information means information about the time frames in which health services are provided to patients at or by the facility, including, for example— the percentage of patients treated within clinically recommended times at the facility; and the number of patients waiting for a health service at the facility. activity information means— information about patients admitted to a facility, including, for example— the number of patients admitted to and discharged from the facility; and the reason for admission; and the length of time spent in the facility; or information about patients who are not admitted to a facility, but who receive a service at the facility, including, for example, the number of patients receiving care as an outpatient at the facility. patient outcome information means information about— the impact on patients of a health service provided at or by the facility, including, for example, the change in the health of a person, group of people or population that is wholly or partly attributable to the service; or the effectiveness of a health service provided at or by the facility, including, for example, the extent to which a health service provided to a person at the facility achieved the best possible outcome for the person’s health. process of care information means information about processes that are in place to support quality and safety of health services at the facility, including, for example, infection management processes at the facility.\n- (a) information about the facility’s accreditation and performance against the National Safety and Quality Health Service Standards; or Note— The National Safety and Quality Health Service Standards are available on the Australian Commission on Safety and Quality in Health Care’s website.\n- (b) any of the following information prescribed by regulation— (i) access to care information; (ii) activity information; (iii) patient outcome information; (iv) process of care information; (v) other information relating to the quality and safety of health services provided at the facility.\n- (i) access to care information;\n- (ii) activity information;\n- (iii) patient outcome information;\n- (iv) process of care information;\n- (v) other information relating to the quality and safety of health services provided at the facility.\n- (i) access to care information;\n- (ii) activity information;\n- (iii) patient outcome information;\n- (iv) process of care information;\n- (v) other information relating to the quality and safety of health services provided at the facility.\n- (a) the percentage of patients treated within clinically recommended times at the facility; and\n- (b) the number of patients waiting for a health service at the facility.\n- (a) information about patients admitted to a facility, including, for example— (i) the number of patients admitted to and discharged from the facility; and (ii) the reason for admission; and (iii) the length of time spent in the facility; or\n- (i) the number of patients admitted to and discharged from the facility; and\n- (ii) the reason for admission; and\n- (iii) the length of time spent in the facility; or\n- (b) information about patients who are not admitted to a facility, but who receive a service at the facility, including, for example, the number of patients receiving care as an outpatient at the facility.\n- (i) the number of patients admitted to and discharged from the facility; and\n- (ii) the reason for admission; and\n- (iii) the length of time spent in the facility; or\n- (a) the impact on patients of a health service provided at or by the facility, including, for example, the change in the health of a person, group of people or population that is wholly or partly attributable to the service; or\n- (b) the effectiveness of a health service provided at or by the facility, including, for example, the extent to which a health service provided to a person at the facility achieved the best possible outcome for the person’s health.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"What is residential care information","content":"### sec.10 What is residential care information\n\nResidential care information , about a State aged care facility or private residential aged care facility, is—\ninformation prescribed by regulation about—\nthe personal care or nursing care provided to residents at the facility; or\nthe staffing for the personal care and nursing care provided to residents at the facility; and\ninformation that explains, and helps in understanding, the information mentioned in paragraph (a) .\nIn this section—\nresident , at a State aged care facility or private residential aged care facility, means a person who is provided residential care at the facility.\n(sec.10-ssec.1) Residential care information , about a State aged care facility or private residential aged care facility, is— information prescribed by regulation about— the personal care or nursing care provided to residents at the facility; or the staffing for the personal care and nursing care provided to residents at the facility; and information that explains, and helps in understanding, the information mentioned in paragraph (a) .\n(sec.10-ssec.2) In this section— resident , at a State aged care facility or private residential aged care facility, means a person who is provided residential care at the facility.\n- (a) information prescribed by regulation about— (i) the personal care or nursing care provided to residents at the facility; or (ii) the staffing for the personal care and nursing care provided to residents at the facility; and\n- (i) the personal care or nursing care provided to residents at the facility; or\n- (ii) the staffing for the personal care and nursing care provided to residents at the facility; and\n- (b) information that explains, and helps in understanding, the information mentioned in paragraph (a) .\n- (i) the personal care or nursing care provided to residents at the facility; or\n- (ii) the staffing for the personal care and nursing care provided to residents at the facility; and","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Publishing information","content":"# Publishing information","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Chief executive may publish information","content":"### sec.11 Chief executive may publish information\n\nThe chief executive may publish information to which this Act applies.\nThe chief executive may not publish personal information under this part, other than personal information—\nabout an individual who takes part in the management of a public sector health service facility, private health facility, State aged care facility or private residential aged care facility; and\nthat has been made publicly available by the facility.\n(sec.11-ssec.1) The chief executive may publish information to which this Act applies.\n(sec.11-ssec.2) The chief executive may not publish personal information under this part, other than personal information— about an individual who takes part in the management of a public sector health service facility, private health facility, State aged care facility or private residential aged care facility; and that has been made publicly available by the facility.\n- (a) about an individual who takes part in the management of a public sector health service facility, private health facility, State aged care facility or private residential aged care facility; and\n- (b) that has been made publicly available by the facility.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"How information may be published","content":"### sec.12 How information may be published\n\nThe chief executive may publish information under this part in any way that allows the information to be accessed by members of the public.\ninformation published on a website\na report published on the department’s website\na printed report available from the department\n- • information published on a website\n- • a report published on the department’s website\n- • a printed report available from the department","sortOrder":14},{"sectionNumber":"pt.4","sectionType":"part","heading":"Collecting information","content":"# Collecting information","sortOrder":15},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Private residential aged care facilities","content":"## Private residential aged care facilities","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Chief executive may request information from approved provider","content":"### sec.13 Chief executive may request information from approved provider\n\nThe chief executive may, by notice given to the approved provider who provides residential care at a private residential aged care facility, ask the approved provider to give the chief executive the following information about the facility—\ngeneral information;\nresidential care information.\n- (a) general information;\n- (b) residential care information.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Form of notice","content":"### sec.14 Form of notice\n\nA notice given under section 13 must state—\nthe purpose for which the information will be used if the information is given; and\nthat it is an offence for the person to whom the notice is given to fail to respond to the notice as mentioned in section 15 .\n- (a) the purpose for which the information will be used if the information is given; and\n- (b) that it is an offence for the person to whom the notice is given to fail to respond to the notice as mentioned in section 15 .","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Failure to respond to notice","content":"### sec.15 Failure to respond to notice\n\nA person who is given a notice by the chief executive under section 13 must, unless the person has a reasonable excuse, give the chief executive, within 15 business days after the notice is given—\nall of the information requested; or\nsome of the information requested and a notice informing the chief executive that the remaining information will not be given to the chief executive; or\nif no information requested is to be given—a notice informing the chief executive that none of the information is to be given.\nMaximum penalty—100 penalty units.\n- (a) all of the information requested; or\n- (b) some of the information requested and a notice informing the chief executive that the remaining information will not be given to the chief executive; or\n- (c) if no information requested is to be given—a notice informing the chief executive that none of the information is to be given.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Chief executive may publish information about response to notice","content":"### sec.16 Chief executive may publish information about response to notice\n\nThis section applies if, under section 15 (b) or (c) , an approved provider informs the chief executive that information about a private residential aged care facility requested in a notice under section 13 will not be given.\nThe chief executive may publish—\nthat fact; and\nthe name of the private residential aged care facility about which the information was requested.\nSections 11 (2) and 12 apply to the publication of the information.\n(sec.16-ssec.1) This section applies if, under section 15 (b) or (c) , an approved provider informs the chief executive that information about a private residential aged care facility requested in a notice under section 13 will not be given.\n(sec.16-ssec.2) The chief executive may publish— that fact; and the name of the private residential aged care facility about which the information was requested.\n(sec.16-ssec.3) Sections 11 (2) and 12 apply to the publication of the information.\n- (a) that fact; and\n- (b) the name of the private residential aged care facility about which the information was requested.","sortOrder":20},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Other facilities","content":"## Other facilities","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Chief executive may require information about public sector health service facilities and State aged care facilities","content":"### sec.17 Chief executive may require information about public sector health service facilities and State aged care facilities\n\nThe chief executive may, by notice given to the health service chief executive of a Hospital and Health Service, require the health service chief executive to give the chief executive any of the following information—\ngeneral information about a public sector health service facility or State aged care facility that is, or is part of, the Service’s health service area;\nquality and safety information about a public sector health service facility that is, or is part of, the Service’s health service area;\nresidential care information about a State aged care facility that is, or is part of, the Service’s health service area.\nIn this section—\nhealth service area , of a Hospital and Health Service, means a health service area declared for the Service under the Hospital and Health Boards Act 2011 , section 17 .\nhealth service chief executive , of a Hospital and Health Service, means the health service chief executive appointed for the Service under the Hospital and Health Boards Act 2011 , section 33 .\n(sec.17-ssec.1) The chief executive may, by notice given to the health service chief executive of a Hospital and Health Service, require the health service chief executive to give the chief executive any of the following information— general information about a public sector health service facility or State aged care facility that is, or is part of, the Service’s health service area; quality and safety information about a public sector health service facility that is, or is part of, the Service’s health service area; residential care information about a State aged care facility that is, or is part of, the Service’s health service area.\n(sec.17-ssec.2) In this section— health service area , of a Hospital and Health Service, means a health service area declared for the Service under the Hospital and Health Boards Act 2011 , section 17 . health service chief executive , of a Hospital and Health Service, means the health service chief executive appointed for the Service under the Hospital and Health Boards Act 2011 , section 33 .\n- (a) general information about a public sector health service facility or State aged care facility that is, or is part of, the Service’s health service area;\n- (b) quality and safety information about a public sector health service facility that is, or is part of, the Service’s health service area;\n- (c) residential care information about a State aged care facility that is, or is part of, the Service’s health service area.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Chief executive may require information about private health facilities","content":"### sec.18 Chief executive may require information about private health facilities\n\nThe chief executive may, by notice given to the licensee of a private health facility, require the licensee to give the chief executive the following information about the facility—\ngeneral information;\nquality and safety information.\nIn this section—\nlicensee , of a private health facility, means the holder of the licence under the Private Health Facilities Act 1999 , part 6 for the facility.\n(sec.18-ssec.1) The chief executive may, by notice given to the licensee of a private health facility, require the licensee to give the chief executive the following information about the facility— general information; quality and safety information.\n(sec.18-ssec.2) In this section— licensee , of a private health facility, means the holder of the licence under the Private Health Facilities Act 1999 , part 6 for the facility.\n- (a) general information;\n- (b) quality and safety information.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Form of notice","content":"### sec.19 Form of notice\n\nA notice given under section 17 or 18 must state—\nthe reasonable period within which the information must be given; and\nthe purpose for which the information will be used; and\nthat it is an offence for the person to whom the notice is given to fail to comply with the notice.\n- (a) the reasonable period within which the information must be given; and\n- (b) the purpose for which the information will be used; and\n- (c) that it is an offence for the person to whom the notice is given to fail to comply with the notice.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Failure to provide information","content":"### sec.20 Failure to provide information\n\nA person who is given a notice by the chief executive under section 17 or 18 must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":25},{"sectionNumber":"pt.5","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"False or misleading information","content":"### sec.21 False or misleading information\n\nA person must not, in relation to the administration of this Act, give the chief executive information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) applies to information given in relation to the administration of this Act whether or not the information was given in response to a specific power under an Act.\nSubsection (1) does not apply to a person if the person, when giving the information in a document—\ntells the chief executive, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.21-ssec.1) A person must not, in relation to the administration of this Act, give the chief executive information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.21-ssec.2) Subsection (1) applies to information given in relation to the administration of this Act whether or not the information was given in response to a specific power under an Act.\n(sec.21-ssec.3) Subsection (1) does not apply to a person if the person, when giving the information in a document— tells the chief executive, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the chief executive, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Confidentiality","content":"### sec.22 Confidentiality\n\nThis section applies to a person who—\nis, or has been, any of the following persons administering, or performing functions or exercising powers under, this Act—\nthe chief executive;\nan employee of the department;\na contractor of the department; and\nin that capacity, obtains personal information or has access to, or custody of, personal information.\nThe person must not use or disclose the personal information.\nMaximum penalty—50 penalty units.\nHowever, the person may use or disclose the personal information—\nto the extent necessary to administer, or perform functions or exercise powers under, this Act; or\nto, or with the consent of, the individual to whom the information relates; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nas otherwise required or permitted under another law.\n(sec.22-ssec.1) This section applies to a person who— is, or has been, any of the following persons administering, or performing functions or exercising powers under, this Act— the chief executive; an employee of the department; a contractor of the department; and in that capacity, obtains personal information or has access to, or custody of, personal information.\n(sec.22-ssec.2) The person must not use or disclose the personal information. Maximum penalty—50 penalty units.\n(sec.22-ssec.3) However, the person may use or disclose the personal information— to the extent necessary to administer, or perform functions or exercise powers under, this Act; or to, or with the consent of, the individual to whom the information relates; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or as otherwise required or permitted under another law.\n- (a) is, or has been, any of the following persons administering, or performing functions or exercising powers under, this Act— (i) the chief executive; (ii) an employee of the department; (iii) a contractor of the department; and\n- (i) the chief executive;\n- (ii) an employee of the department;\n- (iii) a contractor of the department; and\n- (b) in that capacity, obtains personal information or has access to, or custody of, personal information.\n- (i) the chief executive;\n- (ii) an employee of the department;\n- (iii) a contractor of the department; and\n- (a) to the extent necessary to administer, or perform functions or exercise powers under, this Act; or\n- (b) to, or with the consent of, the individual to whom the information relates; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) as otherwise required or permitted under another law.","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Delegation","content":"### sec.23 Delegation\n\nThe chief executive may delegate the chief executive’s functions or powers under this Act to an appropriately qualified employee of the department.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Regulation-making power","content":"### sec.24 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":30}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in section 3: improving transparency of health service quality and safety to help people make informed decisions. The scope covers the expected range of facilities (public hospitals, private hospitals, state and private aged care) and information types (general, quality/safety, residential care) necessary to achieve these purposes without significant mission creep."},"complexity_factors":["Multiple cross-references to other Queensland Acts (Hospital and Health Boards Act 2011, Private Health Facilities Act 1999, Public Health Act 2005) requiring external knowledge to fully understand information sources","Nested definitions with multiple tiers: 'quality and safety information' contains defined sub-categories (access to care, activity, patient outcome, process of care information) which themselves contain examples","Different procedural rules for different facility types: private aged care uses 'request' with specific response options (sec.15), while public facilities and private hospitals use 'require' (secs.17-18)","Conditional publication restrictions: personal information generally prohibited except for specific management personnel under specific circumstances (sec.11(2))","Staggered commencement structure with multiple parts commencing by proclamation (sec.2)","Dictionary in Schedule 1 referenced but not provided in the excerpt"],"plain_english_summary":"This law is about making health and aged care services in Queensland more transparent so patients and families can make better-informed decisions.\n\n**What it does:**\n- **Collects information** from hospitals and aged care facilities—both public and private—about their services, quality of care, safety records, and staffing levels.\n- **Publishes this information** publicly so anyone can access it, typically via websites or reports.\n\n**Who it affects:**\n- **Public hospitals and health services** (managed under the Hospital and Health Boards Act)\n- **Private hospitals** (licensed under the Private Health Facilities Act)\n- **State-run aged care facilities** and **private residential aged care facilities** (nursing homes)\n- **Patients and families** who want to compare facilities and understand their options\n\n**Three types of information covered:**\n1. **General information**—basic details like location, contact info, services offered, parking, and interpreter services.\n2. **Quality and safety information**—accreditation status, waiting times, patient outcomes, infection control measures, and other performance data.\n3. **Residential care information**—details about personal care, nursing care, and staffing at aged care facilities.\n\n**How it works:**\n- The chief executive of the health department can **request** information from facility managers.\n- For private aged care providers, there's a formal notice process with a 15-business-day response deadline. Refusing to respond can result in penalties (up to 100 penalty units) and public naming.\n- For public hospitals and private hospitals, the chief executive can **require** the information with a set deadline.\n- **Privacy protections** are built in—personal information about patients generally can't be published, only information about facility management if already public.\n- **Confidentiality rules** apply to department staff handling personal information.\n\n**Why it matters:**\nBefore this law, comparing hospitals or aged care facilities was difficult. This creates a system where performance data is systematically gathered and shared, helping people choose where to receive care and encouraging facilities to maintain high standards."},"issue_detection":{"absurdities":[],"contradictions":[]},"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":"The Act's stated purposes — improving transparency of health service quality and safety, and helping people make better-informed healthcare decisions — are consistently reflected throughout all operative provisions. The information collection, publication and penalty mechanisms all directly serve those stated goals. No provisions appear to exceed or deviate from the original intent."},"complexity_factors":["Multiple facility types (public hospitals, private hospitals, day hospitals, State aged care, private aged care) each with slightly different obligations and information categories","Cross-references to multiple other Acts (Hospital and Health Boards Act 2011, Private Health Facilities Act 1999, Public Health Act 2005) requiring familiarity with those regimes","Three distinct categories of regulated information (general, quality/safety, residential care) with different scopes applying to different facility types","Differential treatment between facility types: private aged care providers are 'asked' while public and private health facilities are formally 'required', with different notice and compliance regimes","Key details of quality/safety and residential care information are left to be filled in by regulation, meaning the Act alone is incomplete without reference to subordinate legislation","Staged commencement provisions with some parts commencing by proclamation and others (part 6, division 4, subdivisions 1 and 2) not covered by those provisions, creating uncertainty","Confidentiality obligations apply to past and present employees/contractors, requiring ongoing compliance awareness"],"plain_english_summary":"The Health Transparency Act 2019 creates a public-access framework for information about Queensland hospitals and aged‑care facilities, letting patients and families see facility details, safety and quality measures, and residential‑care staffing. It authorises the health department to publish data, compel or request providers to supply it, and name non‑responding private aged‑care providers, while imposing fines for non‑compliance and protecting personal privacy. This shifts power toward informed healthcare choices."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act explicitly defines its scope within the text: it applies to identified categories of facilities and to three classes of information (general, quality and safety, residential care) and includes information already publicly available or held under specified statutory schemes (s 7; ss 8–10). No alteration of that scope is evident from the instrument itself, although finer content and reporting standards are deferred to regulations (s 9(1)(b), s 10(1))."},"complexity_factors":["Multiple facility categories (public sector health service facilities, private health facilities, State and private aged care) increasing stakeholder layers (s 7).","Different types of information with regulatory definitions (general, quality and safety, residential care) whose details are partly delegated to regulation (ss 8–10, 9(1)(b)).","Cross‑references to external Acts and data sources (Hospital and Health Boards Act 2011; Private Health Facilities Act 1999; Public Health Act 2005) expanding provenance and record‑keeping complexity (s 7(2)(c)).","Administrative discretion over what and how to publish (chief executive may publish any applicable information and choose publication methods) creating implementation choices (ss 11–12).","Compliance and enforcement regime with time limits, offence penalties and publication of non‑compliance that affects provider incentives and reputational risk (ss 14–16, 15, 20, 21).","Confidentiality and personal information limits that require operational safeguards and record controls for departmental staff and contractors (s 11(2), s 22)."],"plain_english_summary":"Mechanically, the Act authorises the chief executive to collect from, require and publish information about public and private hospitals and aged‑care facilities — covering identifying ‘general’ facts, quality and safety measures, and residential care data — in order to improve transparency and help people make informed choices (ss 3–4, 7–11, 8–10).  \n\nFacilities and licence‑holders must comply with notices or face penalties; refusals can be published by name. The chief executive controls publication and may delegate functions, while detailed reporting requirements are left to regulation (ss 13–20, 11–12, 16, 23–24)."}},"importantCases":[],"_links":{"self":"/api/acts/health-transparency-act-2019","history":"/api/acts/health-transparency-act-2019/history","analysis":"/api/acts/health-transparency-act-2019/analysis","conflicts":"/api/acts/health-transparency-act-2019/conflicts","importantCases":"/api/acts/health-transparency-act-2019/important-cases","documents":"/api/acts/health-transparency-act-2019/documents"}}