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Queensland act
Creates statutory Hospital and Health Services (HHSs) run by locally appointed Hospital and Health Boards and health service chief executives, while a State chief executive acts as system manager with power to issue binding health service and employment directives (ss7–8, 47, 51A). It also creates a State pool account and State managed fund to handle National Health Reform Agreement money and sets out rules on employment, confidentiality, clinical reviews, inspections and information sharing—affecting patients, clinicians, staff, boards and funding flows (ss53A–53H, ss11–12, ss82–91).
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Direct links to the current provisions in Hospital and Health Boards Act 2011.
This Act may be cited as the Hospital and Health Boards Act 2011 . s 1 amd 2012 No. 9 s 4
This Act commences on a day to be fixed by proclamation.
This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.
This Act recognises and gives effect to the principles and objectives of the national health system agreed by Commonwealth, State and Territory governments, namely— the following Medicare principles— eligible persons are to be given the choice to receive, free of charge as public patients, health and emergency services of a kind or kinds that are currently, or were historically, provided by hospitals; access to these services by public patients free of charge is to be on the basis of clinical need and within a clinically appropriate period; arrangements are to be in place to ensure equitable access to the services for all eligible persons, regardless of their geographic location; and the health system principles—Australia’s health system should— be shaped around the health needs of individual patients, their families and communities; and focus on the prevention of disease and injury and the maintenance of health and not simply on the treatment of illness; and support an integrated approach to the promotion of healthy lifestyles, prevention of illness and injury, and diagnosis and treatment of illness across the continuum of care; and provide all Australians with timely access to quality health services based on their needs, not ability to pay, regardless of where they live in the country; and the following long-term objectives for Australia’s health system— prevention—Australians are born and remain healthy; primary and community health—Australians receive appropriate high quality and affordable primary and community health services; hospital and related care—Australians receive appropriate high quality and affordable hospital and hospital-related care; aged care—older Australians receive appropriate high quality and affordable health and aged care services; patient experience—Australians have positive health and aged care experiences which take account of individual circumstances and care needs; social inclusion and Aboriginal and Torres Strait Islander health—Australia’s health system promotes social inclusion and reduces disadvantage, especially for Aboriginal people and Torres Strait Islander people; sustainability—Australians have a sustainable health system. s 4 amd 2020 No. 31 s 6
The object of this Act is to establish a public sector health system that delivers high quality hospital and other health services to persons in Queensland having regard to the principles and objectives of the national health system. The object is mainly achieved by— strengthening local decision-making and accountability, local consumer and community engagement, and local clinician engagement; and providing for Statewide health system management including health system planning, coordination and standard setting; and balancing the benefits of the local and system-wide approaches. (sec.5-ssec.1) The object of this Act is to establish a public sector health system that delivers high quality hospital and other health services to persons in Queensland having regard to the principles and objectives of the national health system. (sec.5-ssec.2) The object is mainly achieved by— strengthening local decision-making and accountability, local consumer and community engagement, and local clinician engagement; and providing for Statewide health system management including health system planning, coordination and standard setting; and balancing the benefits of the local and system-wide approaches.
This division gives an overview of this Act.
Hospital and Health Services are statutory bodies and are the principal providers of public sector health services. Each Hospital and Health Service is independently and locally controlled by a Hospital and Health Board. Each Hospital and Health Board appoints a health service chief executive. Each Hospital and Health Board exercises significant responsibilities at a local level, including controlling— the financial management of the Service; and the management of the Service’s land and buildings; and for a prescribed Service, the management of the Service’s staff. This Act requires each Hospital and Health Service to have regard to particular matters in performing its functions. s 7 sub 2012 No. 9 s 5 amd 2020 No. 31 s 7 ; 2023 No. 9 s 4 (sec.7-ssec.1) Hospital and Health Services are statutory bodies and are the principal providers of public sector health services. (sec.7-ssec.2) Each Hospital and Health Service is independently and locally controlled by a Hospital and Health Board. (sec.7-ssec.3) Each Hospital and Health Board appoints a health service chief executive. (sec.7-ssec.4) Each Hospital and Health Board exercises significant responsibilities at a local level, including controlling— the financial management of the Service; and the management of the Service’s land and buildings; and for a prescribed Service, the management of the Service’s staff. (sec.7-ssec.5) This Act requires each Hospital and Health Service to have regard to particular matters in performing its functions.
The public sector health system is comprised of the Hospital and Health Services and the department. The overall management of the public sector health system is the responsibility of the department, through the chief executive (the system manager role ). In performing the system manager role, the chief executive is responsible for the following— Statewide planning; managing Statewide industrial relations; managing major capital works; monitoring Service performance; issuing binding health service directives to Services. The way in which the chief executive’s responsibilities are exercised establishes the relationship between the chief executive and the Services. The relationship between the chief executive and the Services is also governed by the service agreement between the chief executive and each Service. s 8 amd 2012 No. 9 ss 6 , 54 sch (sec.8-ssec.1) The public sector health system is comprised of the Hospital and Health Services and the department. (sec.8-ssec.2) The overall management of the public sector health system is the responsibility of the department, through the chief executive (the system manager role ). (sec.8-ssec.3) In performing the system manager role, the chief executive is responsible for the following— Statewide planning; managing Statewide industrial relations; managing major capital works; monitoring Service performance; issuing binding health service directives to Services. (sec.8-ssec.4) The way in which the chief executive’s responsibilities are exercised establishes the relationship between the chief executive and the Services. (sec.8-ssec.5) The relationship between the chief executive and the Services is also governed by the service agreement between the chief executive and each Service.
The public sector health system is funded by the State and the Commonwealth. The State pool account and State managed fund enhance the accountability and transparency of the funding of the public sector health system. The administrator of the National Health Funding Pool publicly reports on funds paid into, and out of, the State pool account and the State managed fund. s 8A ins 2012 No. 9 s 7 (sec.8A-ssec.1) The public sector health system is funded by the State and the Commonwealth. (sec.8A-ssec.2) The State pool account and State managed fund enhance the accountability and transparency of the funding of the public sector health system. (sec.8A-ssec.3) The administrator of the National Health Funding Pool publicly reports on funds paid into, and out of, the State pool account and the State managed fund.
Hospital and Health Services are individually accountable for their performance. Services are required to report on their performance to the chief executive. The chief executive is responsible for— collating and validating the data provided by Services; and providing the data to the Commonwealth and relevant Commonwealth entities. Health service auditors may be appointed to examine the performance of Services and the department. s 9 amd 2012 No. 9 s 54 sch (sec.9-ssec.1) Hospital and Health Services are individually accountable for their performance. (sec.9-ssec.2) Services are required to report on their performance to the chief executive. (sec.9-ssec.3) The chief executive is responsible for— collating and validating the data provided by Services; and providing the data to the Commonwealth and relevant Commonwealth entities. (sec.9-ssec.4) Health service auditors may be appointed to examine the performance of Services and the department.
This Act provides for Statewide employment and industrial relations arrangements in the public sector health system. Health service employees employed by Services and the department are employed on the same terms and conditions. The chief executive is authorised under the Industrial Relations Act 2016 to negotiate certified agreements for health service employees and for other health system industrial relations matters. Under this Act, the chief executive may issue health employment directives to support employment and industrial relations arrangements in the public sector health system. s 10 amd 2012 No. 9 s 8 ; 2013 No. 61 s 82 ; 2016 No. 63 s 1157 sch 6 (sec.10-ssec.1) This Act provides for Statewide employment and industrial relations arrangements in the public sector health system. (sec.10-ssec.2) Health service employees employed by Services and the department are employed on the same terms and conditions. (sec.10-ssec.3) The chief executive is authorised under the Industrial Relations Act 2016 to negotiate certified agreements for health service employees and for other health system industrial relations matters. (sec.10-ssec.4) Under this Act, the chief executive may issue health employment directives to support employment and industrial relations arrangements in the public sector health system.
This Act provides safeguards and protection for— members of quality assurance committees and Root Cause Analysis teams; and information obtained and reports prepared by the committees or teams. Clinical reviewers may be appointed to conduct clinical reviews and to provide expert clinical advice. (sec.11-ssec.1) This Act provides safeguards and protection for— members of quality assurance committees and Root Cause Analysis teams; and information obtained and reports prepared by the committees or teams. (sec.11-ssec.2) Clinical reviewers may be appointed to conduct clinical reviews and to provide expert clinical advice.
This Act provides safeguards to protect the confidentiality of information that identifies persons who have received public sector health services.
The following principles are intended to guide the achievement of this Act’s object— the best interests of users of public sector health services should be the main consideration in all decisions and actions under this Act; there is a commitment to ensuring quality and safety in the delivery of public sector health services; there is a commitment to achieving health equity for Aboriginal people and Torres Strait Islander people; there is a commitment to the delivery of responsive, capable and culturally competent health care to Aboriginal people and Torres Strait Islander people; providers of public sector health services should work with providers of private sector health services to achieve coordinated, integrated health service delivery across both sectors; there should be responsiveness to the needs of users of public sector health services about the delivery of public sector health services; information about the delivery of public sector health services should be provided to the community in an open and transparent way; there is a commitment to ensuring that places at which public sector health services are delivered are places at which— employees are free from bullying, harassment and discrimination; and employees are respected and diversity is embraced; and there is a positive workplace culture based on mutual trust and respect; there should be openness to complaints from users of public sector health services and a focus on dealing with the complaints quickly and transparently; there should be engagement with clinicians, consumers, community members and local primary healthcare organisations in planning, developing and delivering public sector health services; opportunities for research and development relevant to the delivery of public sector health services should be promoted; opportunities for training and education relevant to the delivery of public sector health services should be promoted. A person must have regard to the guiding principles when performing a function or exercising a power under this Act. s 13 amd 2020 No. 31 s 8 (sec.13-ssec.1) The following principles are intended to guide the achievement of this Act’s object— the best interests of users of public sector health services should be the main consideration in all decisions and actions under this Act; there is a commitment to ensuring quality and safety in the delivery of public sector health services; there is a commitment to achieving health equity for Aboriginal people and Torres Strait Islander people; there is a commitment to the delivery of responsive, capable and culturally competent health care to Aboriginal people and Torres Strait Islander people; providers of public sector health services should work with providers of private sector health services to achieve coordinated, integrated health service delivery across both sectors; there should be responsiveness to the needs of users of public sector health services about the delivery of public sector health services; information about the delivery of public sector health services should be provided to the community in an open and transparent way; there is a commitment to ensuring that places at which public sector health services are delivered are places at which— employees are free from bullying, harassment and discrimination; and employees are respected and diversity is embraced; and there is a positive workplace culture based on mutual trust and respect; there should be openness to complaints from users of public sector health services and a focus on dealing with the complaints quickly and transparently; there should be engagement with clinicians, consumers, community members and local primary healthcare organisations in planning, developing and delivering public sector health services; opportunities for research and development relevant to the delivery of public sector health services should be promoted; opportunities for training and education relevant to the delivery of public sector health services should be promoted. (sec.13-ssec.2) A person must have regard to the guiding principles when performing a function or exercising a power under this Act.
The dictionary in schedule 2 defines particular words used in this Act. s 14 amd 2011 No. 32 s 332 sch 1 pt 1
A health service is a service for maintaining, improving, restoring or managing people’s health and wellbeing. Without limiting subsection (1) , a health service includes— a service mentioned in subsection (1) that is provided to a person at a hospital, residential care facility, community health facility or other place; and a service dealing with public health, including a program or activity for— the prevention and control of disease or sickness; or the prevention of injury; or the protection and promotion of health. a cancer screening program In addition, a health service includes a support service for a service mentioned in subsection (1) . (sec.15-ssec.1) A health service is a service for maintaining, improving, restoring or managing people’s health and wellbeing. (sec.15-ssec.2) Without limiting subsection (1) , a health service includes— a service mentioned in subsection (1) that is provided to a person at a hospital, residential care facility, community health facility or other place; and a service dealing with public health, including a program or activity for— the prevention and control of disease or sickness; or the prevention of injury; or the protection and promotion of health. a cancer screening program (sec.15-ssec.3) In addition, a health service includes a support service for a service mentioned in subsection (1) .
A service agreement , for a Service, means an agreement between the chief executive and the Service that states— the hospital services, other health services, teaching, research and other services to be provided by the Service; and the funding to be provided to the Service for the provision of services, including the way in which the funding is to be provided; and activity-based funding the performance measures for the provision of services by the Service; and the performance data and other data to be provided by a Service to the chief executive, including how, and how often, the data is to be provided; and any other matter the chief executive considers relevant to the provision of services by the Service. Without limiting subsection (1) , a service agreement may— deal with the matters stated in subsection (1) relating to funding provided by the Commonwealth, without the Commonwealth being a party to the agreement; and state the circumstances in which a Service (the first Service ) may agree with another Service to deliver services for the first Service. s 16 amd 2012 No. 9 s 54 sch (sec.16-ssec.1) A service agreement , for a Service, means an agreement between the chief executive and the Service that states— the hospital services, other health services, teaching, research and other services to be provided by the Service; and the funding to be provided to the Service for the provision of services, including the way in which the funding is to be provided; and activity-based funding the performance measures for the provision of services by the Service; and the performance data and other data to be provided by a Service to the chief executive, including how, and how often, the data is to be provided; and any other matter the chief executive considers relevant to the provision of services by the Service. (sec.16-ssec.2) Without limiting subsection (1) , a service agreement may— deal with the matters stated in subsection (1) relating to funding provided by the Commonwealth, without the Commonwealth being a party to the agreement; and state the circumstances in which a Service (the first Service ) may agree with another Service to deliver services for the first Service.
A regulation may— declare any 1 or more of the following to be a health service area for a Hospital and Health Service— a part of the State; a public sector hospital; a public sector health service facility; a public sector health service; and establish a Hospital and Health Service (a Service ) for the health service area; and assign a name to the Service. s 17 amd 2012 No. 9 s 54 sch
A Service— is a body corporate; and has a seal; and may sue and be sued in its corporate name. A Service represents the State. Without limiting subsection (2) , a Service has all the privileges and immunities of the State. s 18 amd 2012 No. 9 s 54 sch (sec.18-ssec.1) A Service— is a body corporate; and has a seal; and may sue and be sued in its corporate name. (sec.18-ssec.2) A Service represents the State. (sec.18-ssec.3) Without limiting subsection (2) , a Service has all the privileges and immunities of the State.
A Service’s main function is to deliver the hospital services, other health services, teaching, research and other services stated in the service agreement for the Service. A Service also has the following functions— to ensure the operations of the Service are carried out efficiently, effectively and economically; to enter into a service agreement with the chief executive; to comply with the health service directives and health employment directives that apply to the Service; to contribute to, and implement, Statewide service plans that apply to the Service and undertake further service planning that aligns with the Statewide plans; to monitor and improve the quality of health services delivered by the Service, including, for example, by implementing national clinical standards for the Service; to develop local clinical governance arrangements for the Service; to undertake minor capital works, and major capital works approved by the chief executive, in the health service area; to maintain land, buildings and other assets owned by the Service; for a prescribed Service, to employ staff under this Act; to collaborate with the Queensland Ambulance Service to manage the interaction between the services provided by the Queensland Ambulance Service and health services provided by the Hospital and Health Service; to cooperate with other providers of health services, including other Services, the department and providers of primary healthcare, in planning for, and delivering, health services; to cooperate with local primary healthcare organisations; to arrange for the provision of health services to public patients in private health facilities; to manage the performance of the Service against the performance measures stated in the service agreement; to provide performance data and other data to the chief executive; to consult with health professionals working in the Service, health consumers and members of the community about the provision of health services; other functions approved by the Minister; other functions necessary or incidental to the above functions. In performing its functions, a Service must have regard to— the need to ensure resources of the public sector health system are used effectively and efficiently; and the best interests of patients and other users of public sector health services throughout the State; and the need to promote a culture and implement measures to support the health, safety and wellbeing of staff of public sector health service facilities. s 19 amd 2012 No. 9 ss 9 , 54 sch ; 2013 No. 61 s 83 ; 2020 No. 31 s 9 ; 2023 No. 9 s 5 (sec.19-ssec.1) A Service’s main function is to deliver the hospital services, other health services, teaching, research and other services stated in the service agreement for the Service. (sec.19-ssec.2) A Service also has the following functions— to ensure the operations of the Service are carried out efficiently, effectively and economically; to enter into a service agreement with the chief executive; to comply with the health service directives and health employment directives that apply to the Service; to contribute to, and implement, Statewide service plans that apply to the Service and undertake further service planning that aligns with the Statewide plans; to monitor and improve the quality of health services delivered by the Service, including, for example, by implementing national clinical standards for the Service; to develop local clinical governance arrangements for the Service; to undertake minor capital works, and major capital works approved by the chief executive, in the health service area; to maintain land, buildings and other assets owned by the Service; for a prescribed Service, to employ staff under this Act; to collaborate with the Queensland Ambulance Service to manage the interaction between the services provided by the Queensland Ambulance Service and health services provided by the Hospital and Health Service; to cooperate with other providers of health services, including other Services, the department and providers of primary healthcare, in planning for, and delivering, health services; to cooperate with local primary healthcare organisations; to arrange for the provision of health services to public patients in private health facilities; to manage the performance of the Service against the performance measures stated in the service agreement; to provide performance data and other data to the chief executive; to consult with health professionals working in the Service, health consumers and members of the community about the provision of health services; other functions approved by the Minister; other functions necessary or incidental to the above functions. (sec.19-ssec.3) In performing its functions, a Service must have regard to— the need to ensure resources of the public sector health system are used effectively and efficiently; and the best interests of patients and other users of public sector health services throughout the State; and the need to promote a culture and implement measures to support the health, safety and wellbeing of staff of public sector health service facilities.
A Service has the powers of an individual and may, for example— enter into contracts and agreements; and subject to subsection (2) , acquire, hold, deal with or dispose of property; and engage consultants or contractors; and appoint agents and attorneys; and charge for the services it provides; and do anything else necessary or convenient to be done in performing its functions. A Service may not own assets prescribed by regulation. A Service may employ health executives and senior health service employees. A Service prescribed by regulation may also employ other health service employees under this Act. A regulation under subsection (4) may also restrict, limit or impose conditions on the power to employ health service employees. To remove any doubt, it is declared that a regulation made under subsection (4) may be amended or repealed to revoke the prescription of a Service under that subsection. See also section 282 (7) and (8) . s 20 amd 2012 No. 9 ss 10 , 54 sch ; 2013 No. 61 s 84 ; 2015 No. 7 s 35B ; 2019 No. 38 s 68A (sec.20-ssec.1) A Service has the powers of an individual and may, for example— enter into contracts and agreements; and subject to subsection (2) , acquire, hold, deal with or dispose of property; and engage consultants or contractors; and appoint agents and attorneys; and charge for the services it provides; and do anything else necessary or convenient to be done in performing its functions. (sec.20-ssec.2) A Service may not own assets prescribed by regulation. (sec.20-ssec.3) A Service may employ health executives and senior health service employees. (sec.20-ssec.4) A Service prescribed by regulation may also employ other health service employees under this Act. (sec.20-ssec.5) A regulation under subsection (4) may also restrict, limit or impose conditions on the power to employ health service employees. (sec.20-ssec.6) To remove any doubt, it is declared that a regulation made under subsection (4) may be amended or repealed to revoke the prescription of a Service under that subsection. See also section 282 (7) and (8) .
A Service must not buy or sell land or buildings without the prior written approval of the Minister and the Treasurer. A Service must not, without the prior written approval of the Minister and the Treasurer, grant or take a lease of land or buildings unless the lease is a type prescribed by regulation. s 20A ins 2012 No. 9 s 11 (sec.20A-ssec.1) A Service must not buy or sell land or buildings without the prior written approval of the Minister and the Treasurer. (sec.20A-ssec.2) A Service must not, without the prior written approval of the Minister and the Treasurer, grant or take a lease of land or buildings unless the lease is a type prescribed by regulation.
A Service is— a statutory body under the Financial Accountability Act 2009 ; and a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and a unit of public administration under the Crime and Corruption Act 2001 . The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which a Service’s powers under this Act are affected by that Act. s 21 amd 2012 No. 9 s 54 sch ; 2014 No. 21 s 94 (2) sch 2 (sec.21-ssec.1) A Service is— a statutory body under the Financial Accountability Act 2009 ; and a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and a unit of public administration under the Crime and Corruption Act 2001 . (sec.21-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which a Service’s powers under this Act are affected by that Act.
A Hospital and Health Board controls the Service for which it is established. In controlling the Service for which it is established, a board must have regard to— the need to ensure resources of the public sector health system are used effectively and efficiently; and the best interests of patients and other users of public sector health services throughout the State; and the need to promote a culture and implement measures to support the health, safety and wellbeing of staff of public sector health service facilities. s 22 amd 2012 No. 9 s 54 sch ; 2020 No. 31 s 10 ; 2023 No. 9 s 6 (sec.22-ssec.1) A Hospital and Health Board controls the Service for which it is established. (sec.22-ssec.2) In controlling the Service for which it is established, a board must have regard to— the need to ensure resources of the public sector health system are used effectively and efficiently; and the best interests of patients and other users of public sector health services throughout the State; and the need to promote a culture and implement measures to support the health, safety and wellbeing of staff of public sector health service facilities.
A board consists of 5 or more members appointed by the Governor in Council, by gazette notice, on the recommendation of the Minister. The Minister is to recommend persons the Minister considers have the skills, knowledge and experience required for a Service to perform its functions effectively and efficiently, including— persons with expertise in health management, business management, financial management and human resource management; and persons with clinical expertise; and persons with legal expertise; and persons with skills, knowledge and experience in primary healthcare; and persons with knowledge of health consumer and community issues relevant to the operations of the Service; and persons with skills, knowledge and experience in Aboriginal and Torres Strait Islander health and community issues relevant to the operation of the Service; and where relevant, persons from universities, clinical schools or research centres with expertise relevant to the operations of the Service; and persons with other areas of expertise the Minister considers relevant to a Service performing its functions. One or more of the members of a board must be HHS clinicians. One or more of the members of a board must be Aboriginal persons or Torres Strait Islander persons. s 23 amd 2012 No. 9 ss 12 , 54 sch ; 2020 No. 31 s 11 ; 2025 No. 13 s 4 (sec.23-ssec.1) A board consists of 5 or more members appointed by the Governor in Council, by gazette notice, on the recommendation of the Minister. (sec.23-ssec.2) The Minister is to recommend persons the Minister considers have the skills, knowledge and experience required for a Service to perform its functions effectively and efficiently, including— persons with expertise in health management, business management, financial management and human resource management; and persons with clinical expertise; and persons with legal expertise; and persons with skills, knowledge and experience in primary healthcare; and persons with knowledge of health consumer and community issues relevant to the operations of the Service; and persons with skills, knowledge and experience in Aboriginal and Torres Strait Islander health and community issues relevant to the operation of the Service; and where relevant, persons from universities, clinical schools or research centres with expertise relevant to the operations of the Service; and persons with other areas of expertise the Minister considers relevant to a Service performing its functions. (sec.23-ssec.3) One or more of the members of a board must be HHS clinicians. (sec.23-ssec.4) One or more of the members of a board must be Aboriginal persons or Torres Strait Islander persons.
Before recommending persons for membership of a board, the Minister must— advertise for expressions of interest from suitably qualified persons interested in being members of a board; and consider the expressions of interest received. Subsection (1) does not apply to a vacancy that arises in the membership of a board under section 27 . In this section— suitably qualified means having the skills, knowledge and experience mentioned in section 23 . s 24 amd 2012 No. 9 s 54 sch (sec.24-ssec.1) Before recommending persons for membership of a board, the Minister must— advertise for expressions of interest from suitably qualified persons interested in being members of a board; and consider the expressions of interest received. (sec.24-ssec.2) Subsection (1) does not apply to a vacancy that arises in the membership of a board under section 27 . (sec.24-ssec.3) In this section— suitably qualified means having the skills, knowledge and experience mentioned in section 23 .
This section applies if the Minister reasonably believes it is necessary to urgently appoint a person as a member of a board because— the board does not consist of at least 5 members; or the Minister considers the members of the board do not have the skills, knowledge or experience to perform the board’s functions effectively and efficiently; or none of the members of the board are HHS clinicians; or none of the members of the board are Aboriginal persons or Torres Strait Islander persons. Despite section 23 (1) , the Minister may— appoint a person as a member of the board for a period of not more than 6 months; and reappoint the person as a member of the board once for a period of not more than 6 months. Subsection (2) applies despite the Acts Interpretation Act 1954 , section 25 (1) (c) . The Minister may appoint a person as a member of the board only if the Minister considers the person has the skills, knowledge and experience mentioned in section 23 (2) . As soon as practicable after making the appointment, the Minister must publish notice of the appointment in the gazette. s 24A ins 2016 No. 8 s 18 amd 2020 No. 31 s 12 ; 2025 No. 13 s 5 (sec.24A-ssec.1) This section applies if the Minister reasonably believes it is necessary to urgently appoint a person as a member of a board because— the board does not consist of at least 5 members; or the Minister considers the members of the board do not have the skills, knowledge or experience to perform the board’s functions effectively and efficiently; or none of the members of the board are HHS clinicians; or none of the members of the board are Aboriginal persons or Torres Strait Islander persons. (sec.24A-ssec.2) Despite section 23 (1) , the Minister may— appoint a person as a member of the board for a period of not more than 6 months; and reappoint the person as a member of the board once for a period of not more than 6 months. (sec.24A-ssec.3) Subsection (2) applies despite the Acts Interpretation Act 1954 , section 25 (1) (c) . (sec.24A-ssec.4) The Minister may appoint a person as a member of the board only if the Minister considers the person has the skills, knowledge and experience mentioned in section 23 (2) . (sec.24A-ssec.5) As soon as practicable after making the appointment, the Minister must publish notice of the appointment in the gazette.
The Governor in Council may, on the recommendation of the Minister, appoint— a member of a board, other than a member who is a HHS clinician, to be the chair of the board; and another member of the board, other than a member who is a HHS clinician, to be the deputy chair of the board. A member may be appointed as the chair or deputy chair at the same time as the person is appointed as a member and by the same gazette notice. Subject to this subdivision, the chair or deputy chair holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as chair or deputy chair. A vacancy arises in the office of chair or deputy chair if the person holding the office— resigns office by signed notice of resignation given to the Minister; or ceases to be a member; or becomes a HHS clinician. A person may continue to be a member of the board if the person stops holding office as the chair or deputy chair under subsection (4) (a) or (c) . The deputy chair is to act as chair— during a vacancy in the office of the chair; and during all periods when the chair is absent from duty or for another reason can not perform the duties of the office. s 25 amd 2012 No. 9 s 54 sch ; 2025 No. 13 s 6 (sec.25-ssec.1) The Governor in Council may, on the recommendation of the Minister, appoint— a member of a board, other than a member who is a HHS clinician, to be the chair of the board; and another member of the board, other than a member who is a HHS clinician, to be the deputy chair of the board. (sec.25-ssec.2) A member may be appointed as the chair or deputy chair at the same time as the person is appointed as a member and by the same gazette notice. (sec.25-ssec.3) Subject to this subdivision, the chair or deputy chair holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as chair or deputy chair. (sec.25-ssec.4) A vacancy arises in the office of chair or deputy chair if the person holding the office— resigns office by signed notice of resignation given to the Minister; or ceases to be a member; or becomes a HHS clinician. (sec.25-ssec.5) A person may continue to be a member of the board if the person stops holding office as the chair or deputy chair under subsection (4) (a) or (c) . (sec.25-ssec.6) The deputy chair is to act as chair— during a vacancy in the office of the chair; and during all periods when the chair is absent from duty or for another reason can not perform the duties of the office.
A person is disqualified from becoming, or continuing as, a board member if the person— is an insolvent under administration; or is disqualified from managing corporations because of the Corporations Act , part 2D .6; or has a conviction for an indictable offence or an offence against this Act; or was appointed because the person was a HHS clinician and has stopped being a HHS clinician. s 25A ins 2025 No. 29 s 56 ; 2025 No. 13 s 7 (amd 2025 No. 29 s 54 )
A member of a board holds office for the term, of not more than 4 years, stated in the member’s instrument of appointment. See also section 24A (2) for a member of a board appointed under that section. A member is entitled to the fees and allowances fixed by the Governor in Council, and otherwise holds office under the conditions of appointment fixed by— for a member appointed under section 23 —the Governor in Council; or for a member appointed under section 24A —the Minister. s 26 amd 2012 No. 9 s 54 sch ; 2016 No. 8 s 19 (sec.26-ssec.1) A member of a board holds office for the term, of not more than 4 years, stated in the member’s instrument of appointment. See also section 24A (2) for a member of a board appointed under that section. (sec.26-ssec.2) A member is entitled to the fees and allowances fixed by the Governor in Council, and otherwise holds office under the conditions of appointment fixed by— for a member appointed under section 23 —the Governor in Council; or for a member appointed under section 24A —the Minister.
The office of a member of a board becomes vacant if the member— resigns office by signed notice of resignation given to the Minister; or completes a term of office and is not reappointed; or is disqualified from continuing as a member under section 25A ; or is removed from office under subsection (2) . The Governor in Council may, at any time, remove a board member from office for any reason or none. s 27 amd 2012 No. 9 s 54 sch ; 2025 No. 29 s 57 (sec.27-ssec.1) The office of a member of a board becomes vacant if the member— resigns office by signed notice of resignation given to the Minister; or completes a term of office and is not reappointed; or is disqualified from continuing as a member under section 25A ; or is removed from office under subsection (2) . (sec.27-ssec.2) The Governor in Council may, at any time, remove a board member from office for any reason or none.
This section applies if— a matter has arisen in relation to a member of a board; and the Minister considers that it is necessary in the public interest for the member to be suspended from office pending further consideration of the matter. The Minister may suspend the member from office for a period not exceeding 60 days by notice in writing to the member. If the Minister considers it is necessary in the circumstances, the Minister may extend the suspension from time to time by periods not exceeding 60 days, by notice in writing to the member. The Minister must advise the member by notice in writing if the Minister ends the member’s suspension. s 27A ins 2012 No. 9 s 13 amd 2025 No. 29 s 58 (sec.27A-ssec.1) This section applies if— a matter has arisen in relation to a member of a board; and the Minister considers that it is necessary in the public interest for the member to be suspended from office pending further consideration of the matter. (sec.27A-ssec.2) The Minister may suspend the member from office for a period not exceeding 60 days by notice in writing to the member. (sec.27A-ssec.3) If the Minister considers it is necessary in the circumstances, the Minister may extend the suspension from time to time by periods not exceeding 60 days, by notice in writing to the member. (sec.27A-ssec.4) The Minister must advise the member by notice in writing if the Minister ends the member’s suspension.
s 28 amd 2012 No. 9 ss 14 , 54 sch ; 2023 No. 23 s 247 sch 1 s 2 (2) om 2025 No. 29 s 59
A decision of a board is not invalidated by— a defect or irregularity in the appointment of a member of a board, including in the appointment of the chair or deputy chair; or a vacancy in the membership of a board. s 29 amd 2012 No. 9 s 54 sch
The board for a Hospital and Health Service may delegate any of the Service’s functions under this Act or the Financial Accountability Act 2009 — to a committee of the board if all of the members of the committee are board members; or to the executive committee established by the board; or to the health service chief executive. The health service chief executive, with the written approval of the board, may subdelegate a function mentioned in subsection (1) to an appropriately qualified— employee of the Hospital and Health Service; or health service employee employed in the department and working for the Service. In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. the person’s classification level or how senior the person is in the Hospital and Health Service s 30 sub 2012 No. 9 s 15 (sec.30-ssec.1) The board for a Hospital and Health Service may delegate any of the Service’s functions under this Act or the Financial Accountability Act 2009 — to a committee of the board if all of the members of the committee are board members; or to the executive committee established by the board; or to the health service chief executive. (sec.30-ssec.2) The health service chief executive, with the written approval of the board, may subdelegate a function mentioned in subsection (1) to an appropriately qualified— employee of the Hospital and Health Service; or health service employee employed in the department and working for the Service. (sec.30-ssec.3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. the person’s classification level or how senior the person is in the Hospital and Health Service
A member of a board is to act impartially and in the public interest in performing the member’s duties. s 31 amd 2012 No. 9 s 54 sch
A board is to conduct its business in the way stated in schedule 1 . s 32 amd 2011 No. 32 s 332 sch 1 pt 1 ; 2012 No. 9 s 54 sch
A board must establish, as a committee of the board, an executive committee for the Service controlled by the board. s 32A ins 2012 No. 9 s 16
The function of the executive committee is to support the board in its role of controlling the Service for which it is established by— working with the health service chief executive to progress strategic issues identified by the board; and strengthening the relationship between the board and the health service chief executive to ensure accountability in the delivery of services by the Service. Without limiting subsection (1) , an executive committee may, at the direction of the board— oversee the performance of the Service against the performance measures stated in the service agreement; and support the board in the development of engagement strategies and protocols with primary healthcare organisations, monitor their implementation, and address issues that arise in their implementation; and support the board in the development of service plans and other plans for the Service and monitor their implementation; and work with the health service chief executive in responding to critical emergent issues in the Service; and perform other functions given to the executive committee by the board. A regulation may prescribe other matters relating to an executive committee’s functions. s 32B ins 2012 No. 9 s 16 (sec.32B-ssec.1) The function of the executive committee is to support the board in its role of controlling the Service for which it is established by— working with the health service chief executive to progress strategic issues identified by the board; and strengthening the relationship between the board and the health service chief executive to ensure accountability in the delivery of services by the Service. (sec.32B-ssec.2) Without limiting subsection (1) , an executive committee may, at the direction of the board— oversee the performance of the Service against the performance measures stated in the service agreement; and support the board in the development of engagement strategies and protocols with primary healthcare organisations, monitor their implementation, and address issues that arise in their implementation; and support the board in the development of service plans and other plans for the Service and monitor their implementation; and work with the health service chief executive in responding to critical emergent issues in the Service; and perform other functions given to the executive committee by the board. (sec.32B-ssec.3) A regulation may prescribe other matters relating to an executive committee’s functions.
An executive committee consists of the following— the chair or deputy chair of the board who is to be chair of the committee; at least 2 other board members, decided by the board, at least one of whom is a clinician. In this section— clinician means a person who— is a health professional registered under the Health Practitioner Regulation National Law , other than as a student; and is currently directly or indirectly providing care or treatment to persons; and is in a profession that provides care or treatment to persons in public sector health services. s 32C ins 2012 No. 9 s 16 (sec.32C-ssec.1) An executive committee consists of the following— the chair or deputy chair of the board who is to be chair of the committee; at least 2 other board members, decided by the board, at least one of whom is a clinician. (sec.32C-ssec.2) In this section— clinician means a person who— is a health professional registered under the Health Practitioner Regulation National Law , other than as a student; and is currently directly or indirectly providing care or treatment to persons; and is in a profession that provides care or treatment to persons in public sector health services.
The health service chief executive of a Service is to attend all meetings of the Service’s executive committee, unless excused by the chair of the committee. A quorum for a meeting of an executive committee is one-half of the number of its members, or if one-half is not a whole number, the next highest whole number. An executive committee must keep a record of the decisions it makes when exercising a power delegated to it by the board that established the committee. An executive committee is to otherwise conduct its business, including its meetings, in the way the board that established the committee considers appropriate. s 32D ins 2012 No. 9 s 16 (sec.32D-ssec.1) The health service chief executive of a Service is to attend all meetings of the Service’s executive committee, unless excused by the chair of the committee. (sec.32D-ssec.2) A quorum for a meeting of an executive committee is one-half of the number of its members, or if one-half is not a whole number, the next highest whole number. (sec.32D-ssec.3) An executive committee must keep a record of the decisions it makes when exercising a power delegated to it by the board that established the committee. (sec.32D-ssec.4) An executive committee is to otherwise conduct its business, including its meetings, in the way the board that established the committee considers appropriate.
A Hospital and Health Service’s board must appoint a health service chief executive to manage the Service. The appointment is not effective until it is approved by the Minister. The person appointed as health service chief executive must also be appointed as a health executive. In managing the Service, the health service chief executive is subject to direction by the Service’s board. s 33 sub 2012 No. 9 s 17 (sec.33-ssec.1) A Hospital and Health Service’s board must appoint a health service chief executive to manage the Service. (sec.33-ssec.2) The appointment is not effective until it is approved by the Minister. (sec.33-ssec.3) The person appointed as health service chief executive must also be appointed as a health executive. (sec.33-ssec.4) In managing the Service, the health service chief executive is subject to direction by the Service’s board.
A health service chief executive may delegate the health service chief executive’s functions under this Act or another Act to an appropriately qualified— employee of the Hospital and Health Service; or health service employee employed in the department and working for the Service. However, the health service chief executive must not delegate the authorisation to disclose confidential information in the public interest under section 160 . In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. the person’s classification level or how senior the person is in the Service s 34 sub 2012 No. 9 s 17 amd 2018 No. 5 s 157 (sec.34-ssec.1) A health service chief executive may delegate the health service chief executive’s functions under this Act or another Act to an appropriately qualified— employee of the Hospital and Health Service; or health service employee employed in the department and working for the Service. (sec.34-ssec.2) However, the health service chief executive must not delegate the authorisation to disclose confidential information in the public interest under section 160 . (sec.34-ssec.3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. the person’s classification level or how senior the person is in the Service
The chief executive and a Service must enter into a service agreement for the Service. The chair of the Service’s board must sign the agreement on behalf of the Service. A service agreement is binding on the chief executive and the Service. s 35 amd 2012 No. 9 s 54 sch (sec.35-ssec.1) The chief executive and a Service must enter into a service agreement for the Service. (sec.35-ssec.2) The chair of the Service’s board must sign the agreement on behalf of the Service. (sec.35-ssec.3) A service agreement is binding on the chief executive and the Service.
A service agreement must be for a term of not longer than 3 years.
For the first service agreement, the chief executive and the Service must enter into negotiations immediately after the commencement of this section. For a new service agreement, the chief executive and the Service must enter into negotiations at least 6 months before the expiry of the existing service agreement. s 37 amd 2012 No. 9 s 54 sch (sec.37-ssec.1) For the first service agreement, the chief executive and the Service must enter into negotiations immediately after the commencement of this section. (sec.37-ssec.2) For a new service agreement, the chief executive and the Service must enter into negotiations at least 6 months before the expiry of the existing service agreement.
This section applies if the chief executive and the Service can not agree on some or all of the terms of a service agreement— for the first agreement after the commencement of this section—by a date prescribed by regulation; or for a service agreement that is to replace an existing service agreement on its expiry—at least 1 month before the expiry of the existing agreement. The chief executive and the Service are to immediately advise the Minister— that they can not agree; and of the terms of the agreement on which they can not agree. The Minister must decide the terms and advise the chief executive and the Service of the terms. The chief executive and the Service must include the terms decided by the Minister in the agreement. s 38 amd 2012 No. 9 s 54 sch (sec.38-ssec.1) This section applies if the chief executive and the Service can not agree on some or all of the terms of a service agreement— for the first agreement after the commencement of this section—by a date prescribed by regulation; or for a service agreement that is to replace an existing service agreement on its expiry—at least 1 month before the expiry of the existing agreement. (sec.38-ssec.2) The chief executive and the Service are to immediately advise the Minister— that they can not agree; and of the terms of the agreement on which they can not agree. (sec.38-ssec.3) The Minister must decide the terms and advise the chief executive and the Service of the terms. (sec.38-ssec.4) The chief executive and the Service must include the terms decided by the Minister in the agreement.
If the chief executive or the Service wants to amend the terms of a service agreement, the party that wants to amend the agreement must give written notice of the proposed amendment to the other party. If the chief executive and the Service can not agree on the terms of the amendment, the party wanting the amendment must immediately advise the Minister— that they can not agree; and of the terms on which they can not agree. The Minister must decide the terms and advise the chief executive and the Service of the terms. For subsection (3) , the Minister may decide that the amendment should not be made. The chief executive and the Service must include any terms decided by the Minister in the agreement. s 39 amd 2012 No. 9 s 54 sch (sec.39-ssec.1) If the chief executive or the Service wants to amend the terms of a service agreement, the party that wants to amend the agreement must give written notice of the proposed amendment to the other party. (sec.39-ssec.2) If the chief executive and the Service can not agree on the terms of the amendment, the party wanting the amendment must immediately advise the Minister— that they can not agree; and of the terms on which they can not agree. (sec.39-ssec.3) The Minister must decide the terms and advise the chief executive and the Service of the terms. (sec.39-ssec.4) For subsection (3) , the Minister may decide that the amendment should not be made. (sec.39-ssec.5) The chief executive and the Service must include any terms decided by the Minister in the agreement.
This section applies to a service agreement between the chief executive and a Service, including an amendment of the agreement. The chief executive must, within 28 days of entering into the service agreement or amendment— give the administrator of the National Health Funding Pool a copy of the service agreement or amendment; and publish the service agreement or amendment in a way that allows the agreement to be accessed by members of the public, including, for example, on the internet. s 39A ins 2012 No. 9 s 18 (sec.39A-ssec.1) This section applies to a service agreement between the chief executive and a Service, including an amendment of the agreement. (sec.39A-ssec.2) The chief executive must, within 28 days of entering into the service agreement or amendment— give the administrator of the National Health Funding Pool a copy of the service agreement or amendment; and publish the service agreement or amendment in a way that allows the agreement to be accessed by members of the public, including, for example, on the internet.
A Service must develop and publish the following strategies— a strategy (a clinician engagement strategy ) to promote consultation with health professionals working in the Service; and a strategy (a consumer and community engagement strategy ) to promote consultation with health consumers and members of the community about the provision of health services by the Service; and a strategy (a health equity strategy ) to achieve, and to specify the Service’s activities to achieve, health equity for Aboriginal people and Torres Strait Islander people in the provision of health services by the Service. The Service must consult with the following persons in developing the strategies— for the clinician engagement strategy—health professionals working in the Service; for the consumer and community engagement strategy—health consumers and members of the community; for the health equity strategy—the persons prescribed by regulation. Each of the strategies must— satisfy any requirements prescribed by regulation for that strategy; and be published in a way that allows the strategy to be accessed by members of the public, including, for example, on the internet. The Service must give effect to the strategies in performing its functions under this Act. In giving effect to the health equity strategy, the Service must consult with the persons prescribed, and in the way prescribed, by regulation. s 40 amd 2012 No. 9 s 54 sch ; 2020 No. 31 s 13 (sec.40-ssec.1) A Service must develop and publish the following strategies— a strategy (a clinician engagement strategy ) to promote consultation with health professionals working in the Service; and a strategy (a consumer and community engagement strategy ) to promote consultation with health consumers and members of the community about the provision of health services by the Service; and a strategy (a health equity strategy ) to achieve, and to specify the Service’s activities to achieve, health equity for Aboriginal people and Torres Strait Islander people in the provision of health services by the Service. (sec.40-ssec.2) The Service must consult with the following persons in developing the strategies— for the clinician engagement strategy—health professionals working in the Service; for the consumer and community engagement strategy—health consumers and members of the community; for the health equity strategy—the persons prescribed by regulation. (sec.40-ssec.3) Each of the strategies must— satisfy any requirements prescribed by regulation for that strategy; and be published in a way that allows the strategy to be accessed by members of the public, including, for example, on the internet. (sec.40-ssec.4) The Service must give effect to the strategies in performing its functions under this Act. (sec.40-ssec.5) In giving effect to the health equity strategy, the Service must consult with the persons prescribed, and in the way prescribed, by regulation.
A Service must complete a review of each strategy mentioned in section 40 within 3 years after it is made and afterwards within 3 years after the previous review. The Service must consult with the following persons in reviewing a strategy— for the clinician engagement strategy—health professionals working in the Service; for the consumer and community engagement strategy—health consumers and members of the community; for the health equity strategy—the persons prescribed under section 40 (2) (c) . If a strategy is amended as a result of the review, the Service must publish the amended strategy in a way that allows it to be accessed by members of the public, including, for example, on the internet. s 41 amd 2012 No. 9 s 54 sch ; 2020 No. 31 s 14 (sec.41-ssec.1) A Service must complete a review of each strategy mentioned in section 40 within 3 years after it is made and afterwards within 3 years after the previous review. (sec.41-ssec.2) The Service must consult with the following persons in reviewing a strategy— for the clinician engagement strategy—health professionals working in the Service; for the consumer and community engagement strategy—health consumers and members of the community; for the health equity strategy—the persons prescribed under section 40 (2) (c) . (sec.41-ssec.3) If a strategy is amended as a result of the review, the Service must publish the amended strategy in a way that allows it to be accessed by members of the public, including, for example, on the internet.
A Service must use its best endeavours to agree on a protocol with local primary healthcare organisations to promote cooperation between the Service and the organisations in the planning and delivery of health services. A protocol must— satisfy any requirements prescribed by regulation for the protocol; and be published in a way that allows the protocol to be accessed by members of the public, including, for example, on the internet. The Service must give effect to the protocol in performing its functions under this Act. s 42 amd 2012 No. 9 s 54 sch (sec.42-ssec.1) A Service must use its best endeavours to agree on a protocol with local primary healthcare organisations to promote cooperation between the Service and the organisations in the planning and delivery of health services. (sec.42-ssec.2) A protocol must— satisfy any requirements prescribed by regulation for the protocol; and be published in a way that allows the protocol to be accessed by members of the public, including, for example, on the internet. (sec.42-ssec.3) The Service must give effect to the protocol in performing its functions under this Act.
A Service must use its best endeavours to complete a review of a protocol within 3 years after it is made and afterwards within 3 years after the previous review. The review must be conducted with the local primary healthcare organisations. If a protocol is amended as a result of the review, the Service must publish the amended protocol in a way that allows it to be accessed by members of the public, including, for example, on the internet. s 43 amd 2012 No. 9 s 54 sch (sec.43-ssec.1) A Service must use its best endeavours to complete a review of a protocol within 3 years after it is made and afterwards within 3 years after the previous review. (sec.43-ssec.2) The review must be conducted with the local primary healthcare organisations. (sec.43-ssec.3) If a protocol is amended as a result of the review, the Service must publish the amended protocol in a way that allows it to be accessed by members of the public, including, for example, on the internet.
The Minister may establish a Hospital and Health Ancillary Board (an ancillary board ) to give advice to a Hospital and Health Board in relation to— a public sector hospital; or a public sector health facility; or a public sector health service; or a part of the State. Before establishing an ancillary board the Minister may consult with— the relevant Hospital and Health Board; and the community who receive health services from, or in, the public sector hospital, public sector health facility, public sector health service or part of the State for which the ancillary board may be established. The Minister must assign a name to the ancillary board. A regulation may prescribe matters relating to the establishment and operation of an ancillary board. Without limiting subsection (4) , a regulation may provide for the following— the way in which an ancillary board is to exercise its function of providing advice to a board; the way consultation is to occur between— an ancillary board and the board to which it is to provide advice; or an ancillary board and the Service controlled by the board; the appointment and removal of members of an ancillary board. s 43A ins 2012 No. 9 s 19 (sec.43A-ssec.1) The Minister may establish a Hospital and Health Ancillary Board (an ancillary board ) to give advice to a Hospital and Health Board in relation to— a public sector hospital; or a public sector health facility; or a public sector health service; or a part of the State. (sec.43A-ssec.2) Before establishing an ancillary board the Minister may consult with— the relevant Hospital and Health Board; and the community who receive health services from, or in, the public sector hospital, public sector health facility, public sector health service or part of the State for which the ancillary board may be established. (sec.43A-ssec.3) The Minister must assign a name to the ancillary board. (sec.43A-ssec.4) A regulation may prescribe matters relating to the establishment and operation of an ancillary board. (sec.43A-ssec.5) Without limiting subsection (4) , a regulation may provide for the following— the way in which an ancillary board is to exercise its function of providing advice to a board; the way consultation is to occur between— an ancillary board and the board to which it is to provide advice; or an ancillary board and the Service controlled by the board; the appointment and removal of members of an ancillary board.
The Minister may give a Service a written direction about a matter relevant to the performance of its functions under this Act, if the Minister is satisfied it is necessary to do so in the public interest. Without limiting subsection (1) , the Minister may direct a Service to give the Minister stated reports and information. However, the Minister may not give a direction about— the health services provided, or to be provided, to a particular person; or the employment of a particular person. The Minister must give a copy of a direction to the chief executive who must, as soon as practicable, publish it in a way that allows it to be accessed by members of the public, including, for example, on the internet. A Service must comply with a direction given by the Minister. A Service’s annual report under the Financial Accountability Act 2009 for a financial year must include a statement about— each direction given by the Minister to the Service during the financial year; and action taken by the Service as a result of the direction. s 44 amd 2012 No. 9 ss 21 , 54 sch (sec.44-ssec.1) The Minister may give a Service a written direction about a matter relevant to the performance of its functions under this Act, if the Minister is satisfied it is necessary to do so in the public interest. (sec.44-ssec.2) Without limiting subsection (1) , the Minister may direct a Service to give the Minister stated reports and information. (sec.44-ssec.3) However, the Minister may not give a direction about— the health services provided, or to be provided, to a particular person; or the employment of a particular person. (sec.44-ssec.4) The Minister must give a copy of a direction to the chief executive who must, as soon as practicable, publish it in a way that allows it to be accessed by members of the public, including, for example, on the internet. (sec.44-ssec.5) A Service must comply with a direction given by the Minister. (sec.44-ssec.6) A Service’s annual report under the Financial Accountability Act 2009 for a financial year must include a statement about— each direction given by the Minister to the Service during the financial year; and action taken by the Service as a result of the direction.
The Minister may appoint a person to be an adviser to a board if the Minister considers that the adviser may assist the board to improve the performance of— the board; or the Service controlled by the board. An appointment under this section must be— in writing; and for the term not exceeding 1 year decided by the Minister; and on the terms and conditions, including remuneration, decided by the Minister. The Minister must not appoint more than 2 persons to be advisers to a board at the same time. An appointment under this section is effective whether or not the board agrees to the appointment. An adviser may resign by notice in writing to the Minister. s 44A ins 2012 No. 9 s 22 (sec.44A-ssec.1) The Minister may appoint a person to be an adviser to a board if the Minister considers that the adviser may assist the board to improve the performance of— the board; or the Service controlled by the board. (sec.44A-ssec.2) An appointment under this section must be— in writing; and for the term not exceeding 1 year decided by the Minister; and on the terms and conditions, including remuneration, decided by the Minister. (sec.44A-ssec.3) The Minister must not appoint more than 2 persons to be advisers to a board at the same time. (sec.44A-ssec.4) An appointment under this section is effective whether or not the board agrees to the appointment. (sec.44A-ssec.5) An adviser may resign by notice in writing to the Minister.
In deciding whether to appoint an adviser to a board, the Minister may have regard to the performance of the board or the Service controlled by the board in relation to the following— the safety and quality of the health services being provided by the Service; the way in which the Service is complying with the service agreement for the Service; the financial management of the Service. s 44B ins 2012 No. 9 s 22
The functions of an adviser are— to attend board meetings; and to provide information and advice to the board to assist it in performing its functions under this Act; and to advise the Minister and the chief executive on any matter relating to the performance of the board or the Service controlled by the board. s 44C ins 2012 No. 9 s 22
An adviser is not a member of the board, but schedule 1 , section 9 applies to an adviser as if the adviser were a member of the board. s 44D ins 2012 No. 9 s 22 amd 2012 No. 9 s 54 sch
While an adviser’s appointment is in force, the board must provide the adviser with all notices of board meetings, and all documents and other information provided to board members. The board must permit the adviser— to attend all meetings of the board; and to provide information and advice to the board during meetings. s 44E ins 2012 No. 9 s 22 (sec.44E-ssec.1) While an adviser’s appointment is in force, the board must provide the adviser with all notices of board meetings, and all documents and other information provided to board members. (sec.44E-ssec.2) The board must permit the adviser— to attend all meetings of the board; and to provide information and advice to the board during meetings.
The chief executive is subject to the directions of the Minister in managing the department. However, in making decisions about particular individuals, the chief executive— must act independently, impartially and fairly; and is not subject to the direction of the Minister. s 44F ins 2012 No. 9 s 23 (sec.44F-ssec.1) The chief executive is subject to the directions of the Minister in managing the department. (sec.44F-ssec.2) However, in making decisions about particular individuals, the chief executive— must act independently, impartially and fairly; and is not subject to the direction of the Minister.
The chief executive has the following functions— to provide strategic leadership and direction for the delivery of public sector health services in the State; to promote the effective and efficient use of available resources in the delivery of public sector health services in the State; to develop Statewide health service plans, workforce plans and capital works plans; to manage major capital works for proposed public sector health service facilities; to employ staff in the department, including to work for Services other than prescribed Services; to manage Statewide industrial relations, including the negotiation of certified agreements, and making applications to make or vary awards; to establish the conditions of employment for health service employees, including issuing health employment directives; to deliver specialised health services; to arrange for the provision of health services to public patients in private health facilities; to develop and issue health service directives to apply to the Services; to enter into service agreements with the Services; to provide support services to Services; to monitor and promote improvements in the quality of health services delivered by Services; to monitor the performance of Services, and take remedial action when performance does not meet the expected standard; to receive and validate performance data and other data provided by Services; to provide performance data and other data to the Commonwealth, or an entity established under an Act of the Commonwealth; other functions given to the chief executive under this Act or another Act. s 45 amd 2012 No. 9 ss 24 , 54 sch ; 2013 No. 61 s 85
The chief executive may delegate the chief executive’s functions under this Act to a health service chief executive or an appropriately qualified employee of the department. However, the chief executive must not delegate the function— to enter into a service agreement with a Service; or to authorise the disclosure of confidential information in the public interest under section 160 ; or to issue a health service directive or health employment directive; or to make a standard under section 138E . Subsection (4) applies if the chief executive is considering whether, and the extent to which, to delegate to a health service chief executive a matter that affects employees. The chief executive must have regard to the Service’s capacity and capability to effectively administer the human resource management and industrial relations processes for employees. A health service chief executive, with the written approval of the chief executive, may subdelegate a function delegated to the health service chief executive under subsection (1) to an appropriately qualified— health executive employed by the Service; or health service employee employed in the department and working for the Service. However, a health service chief executive may not subdelegate the function to authorise access to an information system under section 161A delegated to the health service chief executive under subsection (1) . A health executive in the department, with the written approval of the chief executive, may subdelegate a function delegated to the health executive under subsection (1) to an appropriately qualified departmental employee. s 46 amd 2012 No. 9 ss 25 , 54 sch ; 2013 No. 61 s 86 ; 2014 No. 65 s 20 ; 2016 No. 29 s 4 (sec.46-ssec.1) The chief executive may delegate the chief executive’s functions under this Act to a health service chief executive or an appropriately qualified employee of the department. (sec.46-ssec.2) However, the chief executive must not delegate the function— to enter into a service agreement with a Service; or to authorise the disclosure of confidential information in the public interest under section 160 ; or to issue a health service directive or health employment directive; or to make a standard under section 138E . (sec.46-ssec.3) Subsection (4) applies if the chief executive is considering whether, and the extent to which, to delegate to a health service chief executive a matter that affects employees. (sec.46-ssec.4) The chief executive must have regard to the Service’s capacity and capability to effectively administer the human resource management and industrial relations processes for employees. (sec.46-ssec.5) A health service chief executive, with the written approval of the chief executive, may subdelegate a function delegated to the health service chief executive under subsection (1) to an appropriately qualified— health executive employed by the Service; or health service employee employed in the department and working for the Service. (sec.46-ssec.6) However, a health service chief executive may not subdelegate the function to authorise access to an information system under section 161A delegated to the health service chief executive under subsection (1) . (sec.46-ssec.7) A health executive in the department, with the written approval of the chief executive, may subdelegate a function delegated to the health executive under subsection (1) to an appropriately qualified departmental employee.
The chief executive may develop and issue health service directives to Services for the following— promoting service coordination and integration in the delivery of health services— between Services; and between Services, the department and other service providers; optimising the effective and efficient use of available resources in the delivery of health services; setting standards and policies for the safe and high quality delivery of health services; ensuring consistent approaches to the delivery of health services, employment matters (other than conditions of employment for health service employees) and the delivery of support services; supporting the application of public sector policies, State and Commonwealth Acts, and agreements entered into by the State. Without limiting subsection (1) , health service directives may be about the following— standards and policies for the healthcare rights of users of public sector health services; standards and policies for improving the quality of health services; the use by Services of support services provided by the department, other departments or other Services; the purchasing of goods and services under contracts and agreements entered into by the department, other departments or other Services; the provision of information to the chief executive and other entities; responding to public health emergencies; the setting of fees and charges, including for the provision of services to private patients, for residential care, and for the supply of pharmaceuticals; other matters prescribed under a regulation. Health service directives may apply to all Services, some Services, or a stated type of public sector health service facility or public sector health service. In this section— delivery , of health services, includes— matters that support the delivery of health services, including— the establishment and operation of clinical networks; and the provision of training to health professionals or students in public sector health service facilities; and the engagement of independent contractor visiting medical officers or other contracted health professionals; and private practice arrangements for health professionals; and the management of information, including the way in which information is captured, collated, shared and reported; and research, innovation and the application of intellectual property; and undertaking capital works for proposed public sector health service facilities; and the provision of health services to public patients in private health facilities. s 47 amd 2012 No. 9 s 54 sch ; 2013 No. 61 s 87 (sec.47-ssec.1) The chief executive may develop and issue health service directives to Services for the following— promoting service coordination and integration in the delivery of health services— between Services; and between Services, the department and other service providers; optimising the effective and efficient use of available resources in the delivery of health services; setting standards and policies for the safe and high quality delivery of health services; ensuring consistent approaches to the delivery of health services, employment matters (other than conditions of employment for health service employees) and the delivery of support services; supporting the application of public sector policies, State and Commonwealth Acts, and agreements entered into by the State. (sec.47-ssec.2) Without limiting subsection (1) , health service directives may be about the following— standards and policies for the healthcare rights of users of public sector health services; standards and policies for improving the quality of health services; the use by Services of support services provided by the department, other departments or other Services; the purchasing of goods and services under contracts and agreements entered into by the department, other departments or other Services; the provision of information to the chief executive and other entities; responding to public health emergencies; the setting of fees and charges, including for the provision of services to private patients, for residential care, and for the supply of pharmaceuticals; other matters prescribed under a regulation. (sec.47-ssec.3) Health service directives may apply to all Services, some Services, or a stated type of public sector health service facility or public sector health service. (sec.47-ssec.4) In this section— delivery , of health services, includes— matters that support the delivery of health services, including— the establishment and operation of clinical networks; and the provision of training to health professionals or students in public sector health service facilities; and the engagement of independent contractor visiting medical officers or other contracted health professionals; and private practice arrangements for health professionals; and the management of information, including the way in which information is captured, collated, shared and reported; and research, innovation and the application of intellectual property; and undertaking capital works for proposed public sector health service facilities; and the provision of health services to public patients in private health facilities.
In developing a health service directive that applies to a Service, the chief executive must consult with the Service. s 48 amd 2012 No. 9 s 54 sch
A health service directive must be published in a way that allows the directive to be accessed by members of the public, including, for example, on the internet.
A health service directive is binding on the Service to which it relates. s 50 amd 2012 No. 9 s 54 sch
The chief executive must complete a review of a health service directive within 3 years after it is made and afterwards within 3 years after the previous review. In reviewing a directive, the chief executive must consult with a Service for a directive that applies to the Service. If a directive is amended as a result of the review, the chief executive must publish the amended directive in a way that allows it to be accessed by members of the public, including, for example, on the internet. s 51 amd 2012 No. 9 s 54 sch (sec.51-ssec.1) The chief executive must complete a review of a health service directive within 3 years after it is made and afterwards within 3 years after the previous review. (sec.51-ssec.2) In reviewing a directive, the chief executive must consult with a Service for a directive that applies to the Service. (sec.51-ssec.3) If a directive is amended as a result of the review, the chief executive must publish the amended directive in a way that allows it to be accessed by members of the public, including, for example, on the internet.
The chief executive may issue health employment directives about the conditions of employment for health service employees. Without limiting subsection (1) , a health employment directive may be about the following— remuneration for health executives and senior health service employees; the classification levels at which health executives and senior health service employees are to be employed; the terms of contracts for health executives and senior health service employees; the professional development and training of health service employees in accordance with the conditions of their employment. A health employment directive may apply to any or all of the following— the department, a Service or all Services; health service employees, or a stated type of health service employee. s 51A ins 2013 No. 61 s 88 amd 2015 No. 7 s 35C (sec.51A-ssec.1) The chief executive may issue health employment directives about the conditions of employment for health service employees. (sec.51A-ssec.2) Without limiting subsection (1) , a health employment directive may be about the following— remuneration for health executives and senior health service employees; the classification levels at which health executives and senior health service employees are to be employed; the terms of contracts for health executives and senior health service employees; the professional development and training of health service employees in accordance with the conditions of their employment. (sec.51A-ssec.3) A health employment directive may apply to any or all of the following— the department, a Service or all Services; health service employees, or a stated type of health service employee.
This section applies if the chief executive proposes to issue, amend or repeal a health employment directive that applies to— 1 or more Services; or health service employees who are represented by an employee organisation. The chief executive must consult with the Services or employee organisation about the issuing of the proposed health employment directive or the proposed amendment or repeal of the health employment directive. Despite section 46 (2) (c) , the chief executive may delegate under section 46 (1) the function under subsection (2) . In this section— employee organisation see the Industrial Relations Act 2016 , schedule 5 . s 51AA ins 2016 No. 63 s 1110 amd 2020 No. 31 s 15 (sec.51AA-ssec.1) This section applies if the chief executive proposes to issue, amend or repeal a health employment directive that applies to— 1 or more Services; or health service employees who are represented by an employee organisation. (sec.51AA-ssec.2) The chief executive must consult with the Services or employee organisation about the issuing of the proposed health employment directive or the proposed amendment or repeal of the health employment directive. (sec.51AA-ssec.3) Despite section 46 (2) (c) , the chief executive may delegate under section 46 (1) the function under subsection (2) . (sec.51AA-ssec.4) In this section— employee organisation see the Industrial Relations Act 2016 , schedule 5 .
If a health employment directive is inconsistent with an Act or subordinate legislation, the Act or subordinate legislation prevails over the health employment directive. s 51B ins 2013 No. 61 s 88
If a health employment directive is inconsistent with an industrial instrument, the industrial instrument prevails to the extent of the inconsistency. Subsection (1) does not apply if the terms and conditions of employment provided for in the health employment directive are more favourable to the employee than the terms and conditions of employment provided for in the industrial instrument. If a health employment directive is inconsistent with a directive under the Public Sector Act 2022 , section 222 , the health employment directive prevails over the directive. If a health employment directive is inconsistent with a contract entered into with a senior health service employee, the contract prevails over the health employment directive to the extent of the inconsistency. However, for subsection (3) , to the extent a health employment directive provides for an increase in remuneration or other benefits for an employee, the directive is taken not to be inconsistent with a contract entered into with a senior health service employee. Subsections (3) and (4) apply despite section 51E . In this section— health employment directive includes— a decision made in the exercise of a discretion under the directive; and a health service directive to which section 321 applies. s 51C ins 2013 No. 61 s 88 amd 2014 No. 15 s 3 ; 2015 No. 7 s 35D ; 2022 No. 34 s 365 sch 3 (sec.51C-ssec.1) If a health employment directive is inconsistent with an industrial instrument, the industrial instrument prevails to the extent of the inconsistency. (sec.51C-ssec.1A) Subsection (1) does not apply if the terms and conditions of employment provided for in the health employment directive are more favourable to the employee than the terms and conditions of employment provided for in the industrial instrument. (sec.51C-ssec.2) If a health employment directive is inconsistent with a directive under the Public Sector Act 2022 , section 222 , the health employment directive prevails over the directive. (sec.51C-ssec.3) If a health employment directive is inconsistent with a contract entered into with a senior health service employee, the contract prevails over the health employment directive to the extent of the inconsistency. (sec.51C-ssec.4) However, for subsection (3) , to the extent a health employment directive provides for an increase in remuneration or other benefits for an employee, the directive is taken not to be inconsistent with a contract entered into with a senior health service employee. (sec.51C-ssec.5) Subsections (3) and (4) apply despite section 51E . (sec.51C-ssec.6) In this section— health employment directive includes— a decision made in the exercise of a discretion under the directive; and a health service directive to which section 321 applies.
A health employment directive must be published in a way that allows the directive to be accessed by health service employees and members of the public, including, for example, on the internet. s 51D ins 2013 No. 61 s 88
A health employment directive that applies to an employee of the department is binding on the employee and the department. A health employment directive that applies to an employee of a Service is binding on the employee and the Service. A health employment directive may apply to both employees of a department and a Service. See section 51A (3) . s 51E ins 2013 No. 61 s 88 (sec.51E-ssec.1) A health employment directive that applies to an employee of the department is binding on the employee and the department. (sec.51E-ssec.2) A health employment directive that applies to an employee of a Service is binding on the employee and the Service. A health employment directive may apply to both employees of a department and a Service. See section 51A (3) .
The chief executive must complete a review of a health employment directive within 3 years after it is made and afterwards within 3 years after the previous review. If a directive is amended as a result of the review, the chief executive must publish the amended directive in a way that allows it to be accessed by members of the public, including, for example, on the internet. s 51F ins 2013 No. 61 s 88 (sec.51F-ssec.1) The chief executive must complete a review of a health employment directive within 3 years after it is made and afterwards within 3 years after the previous review. (sec.51F-ssec.2) If a directive is amended as a result of the review, the chief executive must publish the amended directive in a way that allows it to be accessed by members of the public, including, for example, on the internet.
There is to be a chief health officer for the State. The chief health officer is to be employed as a public service officer or as a health service employee. The chief health officer must be a medical practitioner. (sec.52-ssec.1) There is to be a chief health officer for the State. (sec.52-ssec.2) The chief health officer is to be employed as a public service officer or as a health service employee. (sec.52-ssec.3) The chief health officer must be a medical practitioner.
The functions of the chief health officer are— to provide high-level medical advice to the chief executive and the Minister on health issues, including policy and legislative matters associated with the health and safety of the Queensland public; and any functions given to the chief health officer by the chief executive; and other functions under this or another Act. s 53 amd 2012 No. 9 s 54 sch
The chief executive may appoint 1 or more deputy chief health officers for the State. A deputy chief health officer is to be employed as a public service officer or as a health service employee. A deputy chief health officer must be a medical practitioner. s 53AA ins 2020 No. 23 s 55D amd 2021 No. 16 s 22F (sec.53AA-ssec.1) The chief executive may appoint 1 or more deputy chief health officers for the State. (sec.53AA-ssec.2) A deputy chief health officer is to be employed as a public service officer or as a health service employee. (sec.53AA-ssec.3) A deputy chief health officer must be a medical practitioner.
The functions of a deputy chief health officer are— to support the chief health officer in the exercise of the chief health officer’s functions under this or another Act; and any functions given to the deputy chief health officer by the chief health officer or the chief executive; and other functions under this or another Act. s 53AB ins 2020 No. 23 s 55D amd 2021 No. 16 s 22G
The chief health officer may delegate the chief health officer’s functions or powers under this or another Act to a deputy chief health officer. s 53AC ins 2020 No. 23 s 55D amd 2021 No. 16 s 22H
The main purpose of this part is to enhance the accountability and transparency of the funding of public sector hospitals, other public sector health services, and teaching, training and research related to the provision of health services. s 53A ins 2012 No. 9 s 26
The chief executive is to establish an account with the Reserve Bank of Australia to be called the State pool account. s 53B ins 2012 No. 9 s 26
The following must be paid into the State pool account— all activity-based funding allocated from State funds for the provision of hospital services under the National Health Reform Agreement; all funding received from the Commonwealth for the provision of hospital and other health services under the National Health Reform Agreement. The following may be paid into the State pool account— exceptional payments for the provision of health services decided by the chief executive; interest earned on the account. The amounts paid into the State pool account may include adjustments— to reflect the difference between estimated and actual services provided; and for other funding reconciliations under the National Health Reform Agreement. In this section— health services also includes teaching, training and research related to the provision of health services. s 53C ins 2012 No. 9 s 26 (sec.53C-ssec.1) The following must be paid into the State pool account— all activity-based funding allocated from State funds for the provision of hospital services under the National Health Reform Agreement; all funding received from the Commonwealth for the provision of hospital and other health services under the National Health Reform Agreement. (sec.53C-ssec.2) The following may be paid into the State pool account— exceptional payments for the provision of health services decided by the chief executive; interest earned on the account. (sec.53C-ssec.3) The amounts paid into the State pool account may include adjustments— to reflect the difference between estimated and actual services provided; and for other funding reconciliations under the National Health Reform Agreement. (sec.53C-ssec.4) In this section— health services also includes teaching, training and research related to the provision of health services.
The payment of funds from the State pool account, including the timing of the payments, is to be made only by the administrator at the direction of the Minister. The administrator is required to authorise personally each payment made from the State pool account. Payments from the State pool account are to be made only to— Hospital and Health Services and other providers of hospital and other health services; or the State managed fund; or an account in the department other than the State pool account or the State managed fund. A direction made by the Minister to the administrator for the payment of funds from the State pool account is to be consistent with— the purpose for which the funding was paid into the account; and the National Health Reform Agreement; and advice provided by the administrator about the basis on which the administrator has calculated payments into the account by the Commonwealth; and any relevant service agreement between the chief executive and a Service. This section does not prevent the Minister from directing the administrator to pay funds— to reflect the difference between estimated and actual services provided; or for other funding reconciliations under the National Health Reform Agreement; or to correct any error in payments out of the State pool account; or to pay fees associated with maintaining the State pool account, including financial institution fees and audit fees; or for interest earned on the State pool account, for any purpose decided by the Treasurer; or to the department for the provision of support services to Services. s 53D ins 2012 No. 9 s 26 (sec.53D-ssec.1) The payment of funds from the State pool account, including the timing of the payments, is to be made only by the administrator at the direction of the Minister. (sec.53D-ssec.2) The administrator is required to authorise personally each payment made from the State pool account. (sec.53D-ssec.3) Payments from the State pool account are to be made only to— Hospital and Health Services and other providers of hospital and other health services; or the State managed fund; or an account in the department other than the State pool account or the State managed fund. (sec.53D-ssec.4) A direction made by the Minister to the administrator for the payment of funds from the State pool account is to be consistent with— the purpose for which the funding was paid into the account; and the National Health Reform Agreement; and advice provided by the administrator about the basis on which the administrator has calculated payments into the account by the Commonwealth; and any relevant service agreement between the chief executive and a Service. (sec.53D-ssec.5) This section does not prevent the Minister from directing the administrator to pay funds— to reflect the difference between estimated and actual services provided; or for other funding reconciliations under the National Health Reform Agreement; or to correct any error in payments out of the State pool account; or to pay fees associated with maintaining the State pool account, including financial institution fees and audit fees; or for interest earned on the State pool account, for any purpose decided by the Treasurer; or to the department for the provision of support services to Services.
The chief executive may pay funds from the State pool account at the direction of the Minister as if the chief executive were the administrator— if there is no administrator or acting administrator appointed under this Act; or the administrator is not available to make the payment. s 53E ins 2012 No. 9 s 26
The chief executive is to establish an account with a financial institution to be called the State managed fund. s 53F ins 2012 No. 9 s 26
The following must be paid into the State managed fund— block funding allocated by the State, or paid from the State pool account, for the provision of hospital and other health services under the National Health Reform Agreement; funding for teaching, training and research related to the provision of health services allocated by the State, or paid from the State pool account, under the National Health Reform Agreement. Exceptional payments for the provision of health services decided by the chief executive may be paid into the State managed fund. The amounts paid into the State managed fund may include adjustments— to reflect the difference between estimated and actual services provided; and for other funding reconciliations under the National Health Reform Agreement. In this section— block funding means funding for public patient services that are not appropriately funded through activity-based funding but does not include top-up funding provided by the Commonwealth under the National Health Reform Agreement. s 53G ins 2012 No. 9 s 26 (sec.53G-ssec.1) The following must be paid into the State managed fund— block funding allocated by the State, or paid from the State pool account, for the provision of hospital and other health services under the National Health Reform Agreement; funding for teaching, training and research related to the provision of health services allocated by the State, or paid from the State pool account, under the National Health Reform Agreement. (sec.53G-ssec.2) Exceptional payments for the provision of health services decided by the chief executive may be paid into the State managed fund. (sec.53G-ssec.3) The amounts paid into the State managed fund may include adjustments— to reflect the difference between estimated and actual services provided; and for other funding reconciliations under the National Health Reform Agreement. (sec.53G-ssec.4) In this section— block funding means funding for public patient services that are not appropriately funded through activity-based funding but does not include top-up funding provided by the Commonwealth under the National Health Reform Agreement.
Payments of funds from the State managed fund, including the timing of the payments, are to be decided by the chief executive. Payments from the State managed fund are to be made only to— Hospital and Health Services and other providers of hospital and other health services; and universities and other providers of teaching, training and research related to the provision of health services. Payment of funds from the State managed fund is to be consistent with— the purpose for which the funding was paid into the fund; and the National Health Reform Agreement; and any relevant service agreement between the chief executive and a Service. This section does not prevent the chief executive from paying amounts from the State managed fund— to reflect the difference between estimated and actual services provided; or for other funding reconciliations under the National Health Reform Agreement; or to correct any error in payments out of the fund; or to pay fees associated with maintaining the fund, including financial institution fees and audit fees; or to another account in the department for the provision of support services to Services. s 53H ins 2012 No. 9 s 26 (sec.53H-ssec.1) Payments of funds from the State managed fund, including the timing of the payments, are to be decided by the chief executive. (sec.53H-ssec.2) Payments from the State managed fund are to be made only to— Hospital and Health Services and other providers of hospital and other health services; and universities and other providers of teaching, training and research related to the provision of health services. (sec.53H-ssec.3) Payment of funds from the State managed fund is to be consistent with— the purpose for which the funding was paid into the fund; and the National Health Reform Agreement; and any relevant service agreement between the chief executive and a Service. (sec.53H-ssec.4) This section does not prevent the chief executive from paying amounts from the State managed fund— to reflect the difference between estimated and actual services provided; or for other funding reconciliations under the National Health Reform Agreement; or to correct any error in payments out of the fund; or to pay fees associated with maintaining the fund, including financial institution fees and audit fees; or to another account in the department for the provision of support services to Services.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Hospital and Health Boards Act 2011 . s 1 amd 2012 No. 9 s 4
This Act commences on a day to be fixed by proclamation.
This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.
This Act recognises and gives effect to the principles and objectives of the national health system agreed by Commonwealth, State and Territory governments, namely— the following Medicare principles— eligible persons are to be given the choice to receive, free of charge as public patients, health and emergency services of a kind or kinds that are currently, or were historically, provided by hospitals; access to these services by public patients free of charge is to be on the basis of clinical need and within a clinically appropriate period; arrangements are to be in place to ensure equitable access to the services for all eligible persons, regardless of their geographic location; and the health system principles—Australia’s health system should— be shaped around the health needs of individual patients, their families and communities; and focus on the prevention of disease and injury and the maintenance of health and not simply on the treatment of illness; and support an integrated approach to the promotion of healthy lifestyles, prevention of illness and injury, and diagnosis and treatment of illness across the continuum of care; and provide all Australians with timely access to quality health services based on their needs, not ability to pay, regardless of where they live in the country; and the following long-term objectives for Australia’s health system— prevention—Australians are born and remain healthy; primary and community health—Australians receive appropriate high quality and affordable primary and community health services; hospital and related care—Australians receive appropriate high quality and affordable hospital and hospital-related care; aged care—older Australians receive appropriate high quality and affordable health and aged care services; patient experience—Australians have positive health and aged care experiences which take account of individual circumstances and care needs; social inclusion and Aboriginal and Torres Strait Islander health—Australia’s health system promotes social inclusion and reduces disadvantage, especially for Aboriginal people and Torres Strait Islander people; sustainability—Australians have a sustainable health system. s 4 amd 2020 No. 31 s 6
The object of this Act is to establish a public sector health system that delivers high quality hospital and other health services to persons in Queensland having regard to the principles and objectives of the national health system. The object is mainly achieved by— strengthening local decision-making and accountability, local consumer and community engagement, and local clinician engagement; and providing for Statewide health system management including health system planning, coordination and standard setting; and balancing the benefits of the local and system-wide approaches. (sec.5-ssec.1) The object of this Act is to establish a public sector health system that delivers high quality hospital and other health services to persons in Queensland having regard to the principles and objectives of the national health system. (sec.5-ssec.2) The object is mainly achieved by— strengthening local decision-making and accountability, local consumer and community engagement, and local clinician engagement; and providing for Statewide health system management including health system planning, coordination and standard setting; and balancing the benefits of the local and system-wide approaches.
This division gives an overview of this Act.
Hospital and Health Services are statutory bodies and are the principal providers of public sector health services. Each Hospital and Health Service is independently and locally controlled by a Hospital and Health Board. Each Hospital and Health Board appoints a health service chief executive. Each Hospital and Health Board exercises significant responsibilities at a local level, including controlling— the financial management of the Service; and the management of the Service’s land and buildings; and for a prescribed Service, the management of the Service’s staff. This Act requires each Hospital and Health Service to have regard to particular matters in performing its functions. s 7 sub 2012 No. 9 s 5 amd 2020 No. 31 s 7 ; 2023 No. 9 s 4 (sec.7-ssec.1) Hospital and Health Services are statutory bodies and are the principal providers of public sector health services. (sec.7-ssec.2) Each Hospital and Health Service is independently and locally controlled by a Hospital and Health Board. (sec.7-ssec.3) Each Hospital and Health Board appoints a health service chief executive. (sec.7-ssec.4) Each Hospital and Health Board exercises significant responsibilities at a local level, including controlling— the financial management of the Service; and the management of the Service’s land and buildings; and for a prescribed Service, the management of the Service’s staff. (sec.7-ssec.5) This Act requires each Hospital and Health Service to have regard to particular matters in performing its functions.
The public sector health system is comprised of the Hospital and Health Services and the department. The overall management of the public sector health system is the responsibility of the department, through the chief executive (the system manager role ). In performing the system manager role, the chief executive is responsible for the following— Statewide planning; managing Statewide industrial relations; managing major capital works; monitoring Service performance; issuing binding health service directives to Services. The way in which the chief executive’s responsibilities are exercised establishes the relationship between the chief executive and the Services. The relationship between the chief executive and the Services is also governed by the service agreement between the chief executive and each Service. s 8 amd 2012 No. 9 ss 6 , 54 sch (sec.8-ssec.1) The public sector health system is comprised of the Hospital and Health Services and the department. (sec.8-ssec.2) The overall management of the public sector health system is the responsibility of the department, through the chief executive (the system manager role ). (sec.8-ssec.3) In performing the system manager role, the chief executive is responsible for the following— Statewide planning; managing Statewide industrial relations; managing major capital works; monitoring Service performance; issuing binding health service directives to Services. (sec.8-ssec.4) The way in which the chief executive’s responsibilities are exercised establishes the relationship between the chief executive and the Services. (sec.8-ssec.5) The relationship between the chief executive and the Services is also governed by the service agreement between the chief executive and each Service.
The public sector health system is funded by the State and the Commonwealth. The State pool account and State managed fund enhance the accountability and transparency of the funding of the public sector health system. The administrator of the National Health Funding Pool publicly reports on funds paid into, and out of, the State pool account and the State managed fund. s 8A ins 2012 No. 9 s 7 (sec.8A-ssec.1) The public sector health system is funded by the State and the Commonwealth. (sec.8A-ssec.2) The State pool account and State managed fund enhance the accountability and transparency of the funding of the public sector health system. (sec.8A-ssec.3) The administrator of the National Health Funding Pool publicly reports on funds paid into, and out of, the State pool account and the State managed fund.
Hospital and Health Services are individually accountable for their performance. Services are required to report on their performance to the chief executive. The chief executive is responsible for— collating and validating the data provided by Services; and providing
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