sec.282Regulation-making power

### sec.282 Regulation-making power The Governor in Council may make regulations under this Act. A regulation may be made about the following— the amalgamation, dissolution or division of Services or any other change in relation to Services; changing the services to be provided by a Service or the department, including by transferring the services to be provided from one to another; any matter or thing necessary or convenient to facilitate or support a thing mentioned in paragraphs (a) and (b) ; the operation or management of a public sector health service or a public sector health service facility, including any land or buildings used in connection with any service or facility; the procedures to be followed by an RCA team in its conduct of an RCA of a reportable event; the preservation of the terms, conditions and entitlements of employees moving between the department and a Service. Without limiting subsection (2) (c) , a regulation may provide for the following— the transfer of staff; staff entitlements; the transfer of assets and liabilities, including that no government duties are payable on the transfer; matters relating to contracts, agreements or other documents entered into by a Service or the department; the continuation of proceedings involving a Service or the department; the appointment of Act officials, authorised persons and security officers; the control of traffic and conduct on health services land; the continuation of RCA teams, quality assurance committees, health service audits, clinical reviews and health service investigations; the giving of stated directions by the chief executive for stated matters. Also, a regulation may provide for matters relating to the movement of health service employees between Services or between a Service and the department. Without limiting subsection (4) , a regulation may provide for the following— movements of health service employees by agreement of the chief executive, health service chief executives or chairs of boards; movements of health service employees by the written direction of the Minister or the chief executive; health service employees establishing reasonable grounds to refuse movements; the rights and entitlements of health service employees who are subject to movements, including matters relating to employment contracts. Also, a regulation may prescribe a matter relating to the transition of employees from the department to a prescribed Service under part 5 , division 4 if this Act does not make provision or sufficient provision for the matter. Without limiting subsections (2) to (5) , and despite any other provision of this Act, a regulation may make provision about a matter if— it is necessary or convenient to make provision for the matter to allow or facilitate the transition of a Service from a prescribed Service to a Service that is no longer prescribed under section 20 (4) ; and the following Acts do not make provision, or sufficient provision, for the matter— this Act; the Industrial Relations Act 2016 ; the Public Sector Act 2022 . the transfer of health service employees, other than health executives and senior health service employees, from the Service to the department the continuation of accrued rights, benefits and entitlements of a health service employee mentioned in the first dot point a proceeding related to the employment of a health service employee mentioned in the first dot point by the Service Without limiting subsection (7) , a regulation made under that subsection may state the way in which a provision of this Act, the Industrial Relations Act 2016 or the Public Sector Act 2022 applies in relation to a matter to which the subsection applies. Also, a regulation made under this Act may impose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation. s 282 amd 2012 No. 9 ss 43 , 54 sch ; 2019 No. 38 s 69A ; 2022 No. 34 s 365 sch 3 (sec.282-ssec.1) The Governor in Council may make regulations under this Act. (sec.282-ssec.2) A regulation may be made about the following— the amalgamation, dissolution or division of Services or any other change in relation to Services; changing the services to be provided by a Service or the department, including by transferring the services to be provided from one to another; any matter or thing necessary or convenient to facilitate or support a thing mentioned in paragraphs (a) and (b) ; the operation or management of a public sector health service or a public sector health service facility, including any land or buildings used in connection with any service or facility; the procedures to be followed by an RCA team in its conduct of an RCA of a reportable event; the preservation of the terms, conditions and entitlements of employees moving between the department and a Service. (sec.282-ssec.3) Without limiting subsection (2) (c) , a regulation may provide for the following— the transfer of staff; staff entitlements; the transfer of assets and liabilities, including that no government duties are payable on the transfer; matters relating to contracts, agreements or other documents entered into by a Service or the department; the continuation of proceedings involving a Service or the department; the appointment of Act officials, authorised persons and security officers; the control of traffic and conduct on health services land; the continuation of RCA teams, quality assurance committees, health service audits, clinical reviews and health service investigations; the giving of stated directions by the chief executive for stated matters. (sec.282-ssec.4) Also, a regulation may provide for matters relating to the movement of health service employees between Services or between a Service and the department. (sec.282-ssec.5) Without limiting subsection (4) , a regulation may provide for the following— movements of health service employees by agreement of the chief executive, health service chief executives or chairs of boards; movements of health service employees by the written direction of the Minister or the chief executive; health service employees establishing reasonable grounds to refuse movements; the rights and entitlements of health service employees who are subject to movements, including matters relating to employment contracts. (sec.282-ssec.6) Also, a regulation may prescribe a matter relating to the transition of employees from the department to a prescribed Service under part 5 , division 4 if this Act does not make provision or sufficient provision for the matter. (sec.282-ssec.7) Without limiting subsections (2) to (5) , and despite any other provision of this Act, a regulation may make provision about a matter if— it is necessary or convenient to make provision for the matter to allow or facilitate the transition of a Service from a prescribed Service to a Service that is no longer prescribed under section 20 (4) ; and the following Acts do not make provision, or sufficient provision, for the matter— this Act; the Industrial Relations Act 2016 ; the Public Sector Act 2022 . the transfer of health service employees, other than health executives and senior health service employees, from the Service to the department the continuation of accrued rights, benefits and entitlements of a health service employee mentioned in the first dot point a proceeding related to the employment of a health service employee mentioned in the first dot point by the Service (sec.282-ssec.8) Without limiting subsection (7) , a regulation made under that subsection may state the way in which a provision of this Act, the Industrial Relations Act 2016 or the Public Sector Act 2022 applies in relation to a matter to which the subsection applies. (sec.282-ssec.9) Also, a regulation made under this Act may impose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation. - (a) the amalgamation, dissolution or division of Services or any other change in relation to Services; - (b) changing the services to be provided by a Service or the department, including by transferring the services to be provided from one to another; - (c) any matter or thing necessary or convenient to facilitate or support a thing mentioned in paragraphs (a) and (b) ; - (d) the operation or management of a public sector health service or a public sector health service facility, including any land or buildings used in connection with any service or facility; - (e) the procedures to be followed by an RCA team in its conduct of an RCA of a reportable event; - (f) the preservation of the terms, conditions and entitlements of employees moving between the department and a Service. - (a) the transfer of staff; - (b) staff entitlements; - (c) the transfer of assets and liabilities, including that no government duties are payable on the transfer; - (d) matters relating to contracts, agreements or other documents entered into by a Service or the department; - (e) the continuation of proceedings involving a Service or the department; - (f) the appointment of Act officials, authorised persons and security officers; - (g) the control of traffic and conduct on health services land; - (h) the continuation of RCA teams, quality assurance committees, health service audits, clinical reviews and health service investigations; - (i) the giving of stated directions by the chief executive for stated matters. - (a) movements of health service employees by agreement of the chief executive, health service chief executives or chairs of boards; - (b) movements of health service employees by the written direction of the Minister or the chief executive; - (c) health service employees establishing reasonable grounds to refuse movements; - (d) the rights and entitlements of health service employees who are subject to movements, including matters relating to employment contracts. - (a) it is necessary or convenient to make provision for the matter to allow or facilitate the transition of a Service from a prescribed Service to a Service that is no longer prescribed under section 20 (4) ; and - (b) the following Acts do not make provision, or sufficient provision, for the matter— (i) this Act; (ii) the Industrial Relations Act 2016 ; (iii) the Public Sector Act 2022 . - (i) this Act; - (ii) the Industrial Relations Act 2016 ; - (iii) the Public Sector Act 2022 . - (i) this Act; - (ii) the Industrial Relations Act 2016 ; - (iii) the Public Sector Act 2022 . - • the transfer of health service employees, other than health executives and senior health service employees, from the Service to the department - • the continuation of accrued rights, benefits and entitlements of a health service employee mentioned in the first dot point - • a proceeding related to the employment of a health service employee mentioned in the first dot point by the Service