pt.1
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Hospital and Health Boards Regulation 2023 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 September 2023.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 9 defines particular words used in this regulation.
pt.2
Hospital and Health Services
Hospital and Health Services
sec.4
Continuation of Hospital and Health Services— Act , s 17
sec.4 Continuation of Hospital and Health Services— Act , s 17
A place mentioned in schedule 1 , column 2 that, for section 17 (a) of the Act , was declared to be a health service area for a Hospital and Health Service under the expired regulation continues to be a health service area for the Service.
A Hospital and Health Service mentioned in schedule 1 , column 1 opposite a health service area that, for section 17 (b) of the Act , was established under the expired regulation continues as the Service for the health service area.
The name mentioned in schedule 1 , column 1 opposite the health service area that, for section 17 (c) of the Act , was assigned to a Service under the expired regulation continues as the name assigned to the Service.
In this section—
expired regulation means the expired Hospital and Health Boards Regulation 2012 .
(sec.4-ssec.1) A place mentioned in schedule 1 , column 2 that, for section 17 (a) of the Act , was declared to be a health service area for a Hospital and Health Service under the expired regulation continues to be a health service area for the Service.
(sec.4-ssec.2) A Hospital and Health Service mentioned in schedule 1 , column 1 opposite a health service area that, for section 17 (b) of the Act , was established under the expired regulation continues as the Service for the health service area.
(sec.4-ssec.3) The name mentioned in schedule 1 , column 1 opposite the health service area that, for section 17 (c) of the Act , was assigned to a Service under the expired regulation continues as the name assigned to the Service.
(sec.4-ssec.4) In this section— expired regulation means the expired Hospital and Health Boards Regulation 2012 .
sec.5
Power to grant or take lease without Minister’s and Treasurer’s approval— Act , s 20A
sec.5 Power to grant or take lease without Minister’s and Treasurer’s approval— Act , s 20A
For section 20A (2) of the Act , a lease of a type mentioned in schedule 2 is prescribed.
For schedule 2 —
a Service mentioned in part 1 , column 2 of the schedule is a Service that may grant a lease mentioned in column 1 opposite the lease, if the granting of the lease has been approved by the Minister; and
a Service mentioned in part 2 , column 2 of the schedule is a Service that may take a lease mentioned in column 1 opposite the lease.
(sec.5-ssec.1) For section 20A (2) of the Act , a lease of a type mentioned in schedule 2 is prescribed.
(sec.5-ssec.2) For schedule 2 — a Service mentioned in part 1 , column 2 of the schedule is a Service that may grant a lease mentioned in column 1 opposite the lease, if the granting of the lease has been approved by the Minister; and a Service mentioned in part 2 , column 2 of the schedule is a Service that may take a lease mentioned in column 1 opposite the lease.
- (a) a Service mentioned in part 1 , column 2 of the schedule is a Service that may grant a lease mentioned in column 1 opposite the lease, if the granting of the lease has been approved by the Minister; and
- (b) a Service mentioned in part 2 , column 2 of the schedule is a Service that may take a lease mentioned in column 1 opposite the lease.
pt.3
Employment matters
sec.6
Definitions for part
sec.6 Definitions for part
In this part—
health system employer means a Hospital and Health Service or the department.
relevant chief executive , of a health system employer, means—
if the employer is a Hospital and Health Service—the Service’s health service chief executive; or
if the employer is the department—the chief executive of the department.
- (a) if the employer is a Hospital and Health Service—the Service’s health service chief executive; or
- (b) if the employer is the department—the chief executive of the department.
sec.7
Movement of health service employees, other than health service chief executives, between health system employers
sec.7 Movement of health service employees, other than health service chief executives, between health system employers
This section applies to a health service employee other than a health service chief executive.
A health service employee may be moved from a health system employer to another health system employer—
by agreement between the relevant chief executives of the employers; or
by written direction given by the chief executive of the department to the employee and—
if the movement is between the department and a Hospital and Health Service—the health service chief executive of the Service; or
if the movement is between Hospital and Health Services—the health service chief executives of each Service.
However, the chief executive may give a written direction under subsection (2) (b) only if the chief executive considers the movement necessary to mitigate a significant risk to the public sector health system.
Before giving the written direction, the chief executive must consult with the health service chief executive of any Service in which the employee is and will be employed.
A health service employee moved from a health system employer to another health system employer under this section is employed by the other health system employer from the date, and for the period (if any), stated—
for a movement under subsection (2) (a) —in the agreement mentioned in that subsection; or
for a movement under subsection (2) (b) —in the written direction given under that subsection.
(sec.7-ssec.1) This section applies to a health service employee other than a health service chief executive.
(sec.7-ssec.2) A health service employee may be moved from a health system employer to another health system employer— by agreement between the relevant chief executives of the employers; or by written direction given by the chief executive of the department to the employee and— if the movement is between the department and a Hospital and Health Service—the health service chief executive of the Service; or if the movement is between Hospital and Health Services—the health service chief executives of each Service.
(sec.7-ssec.3) However, the chief executive may give a written direction under subsection (2) (b) only if the chief executive considers the movement necessary to mitigate a significant risk to the public sector health system.
(sec.7-ssec.4) Before giving the written direction, the chief executive must consult with the health service chief executive of any Service in which the employee is and will be employed.
(sec.7-ssec.5) A health service employee moved from a health system employer to another health system employer under this section is employed by the other health system employer from the date, and for the period (if any), stated— for a movement under subsection (2) (a) —in the agreement mentioned in that subsection; or for a movement under subsection (2) (b) —in the written direction given under that subsection.
- (a) by agreement between the relevant chief executives of the employers; or
- (b) by written direction given by the chief executive of the department to the employee and— (i) if the movement is between the department and a Hospital and Health Service—the health service chief executive of the Service; or (ii) if the movement is between Hospital and Health Services—the health service chief executives of each Service.
- (i) if the movement is between the department and a Hospital and Health Service—the health service chief executive of the Service; or
- (ii) if the movement is between Hospital and Health Services—the health service chief executives of each Service.
- (i) if the movement is between the department and a Hospital and Health Service—the health service chief executive of the Service; or
- (ii) if the movement is between Hospital and Health Services—the health service chief executives of each Service.
- (a) for a movement under subsection (2) (a) —in the agreement mentioned in that subsection; or
- (b) for a movement under subsection (2) (b) —in the written direction given under that subsection.
sec.8
Movement of health service chief executives between health system employers
sec.8 Movement of health service chief executives between health system employers
This section applies to a health service chief executive.
A health service chief executive may, with the approval of the Minister, be moved—
from a Hospital and Health Service to the department by agreement between the chair of the Service’s board and the chief executive of the department; or
between Hospital and Health Services by agreement between the chairs of the boards of the Services.
A health service chief executive may also be moved by the Minister on the recommendation of the chief executive of the department, by written direction given by the Minister to—
the health service chief executive; and
either—
if the movement is from a Hospital and Health Service to the department—the chair of the board of the Service; or
if the movement is between Hospital and Health Services—each chair of the boards of the Services.
The recommendation of the chief executive of the department mentioned in subsection (3) may be given only if the chief executive considers the movement is necessary to mitigate a significant risk to the public sector health system.
Before giving the written direction, the Minister must consult with the chair of the board of any Services in which the health service chief executive is and will be employed.
A health service chief executive moved from a health system employer to another health system employer under this section is employed by the other health system employer from the date, and for the period (if any), stated—
for a movement under subsection (2) —in the agreement mentioned in that subsection; or
for a movement under subsection (3) —in the written direction mentioned in that subsection.
A health service chief executive moved under this section may, as a result of the movement, be employed in a position other than health service chief executive.
(sec.8-ssec.1) This section applies to a health service chief executive.
(sec.8-ssec.2) A health service chief executive may, with the approval of the Minister, be moved— from a Hospital and Health Service to the department by agreement between the chair of the Service’s board and the chief executive of the department; or between Hospital and Health Services by agreement between the chairs of the boards of the Services.
(sec.8-ssec.3) A health service chief executive may also be moved by the Minister on the recommendation of the chief executive of the department, by written direction given by the Minister to— the health service chief executive; and either— if the movement is from a Hospital and Health Service to the department—the chair of the board of the Service; or if the movement is between Hospital and Health Services—each chair of the boards of the Services.
(sec.8-ssec.4) The recommendation of the chief executive of the department mentioned in subsection (3) may be given only if the chief executive considers the movement is necessary to mitigate a significant risk to the public sector health system.
(sec.8-ssec.5) Before giving the written direction, the Minister must consult with the chair of the board of any Services in which the health service chief executive is and will be employed.
(sec.8-ssec.6) A health service chief executive moved from a health system employer to another health system employer under this section is employed by the other health system employer from the date, and for the period (if any), stated— for a movement under subsection (2) —in the agreement mentioned in that subsection; or for a movement under subsection (3) —in the written direction mentioned in that subsection.
(sec.8-ssec.7) A health service chief executive moved under this section may, as a result of the movement, be employed in a position other than health service chief executive.
- (a) from a Hospital and Health Service to the department by agreement between the chair of the Service’s board and the chief executive of the department; or
- (b) between Hospital and Health Services by agreement between the chairs of the boards of the Services.
- (a) the health service chief executive; and
- (b) either— (i) if the movement is from a Hospital and Health Service to the department—the chair of the board of the Service; or (ii) if the movement is between Hospital and Health Services—each chair of the boards of the Services.
- (i) if the movement is from a Hospital and Health Service to the department—the chair of the board of the Service; or
- (ii) if the movement is between Hospital and Health Services—each chair of the boards of the Services.
- (i) if the movement is from a Hospital and Health Service to the department—the chair of the board of the Service; or
- (ii) if the movement is between Hospital and Health Services—each chair of the boards of the Services.
- (a) for a movement under subsection (2) —in the agreement mentioned in that subsection; or
- (b) for a movement under subsection (3) —in the written direction mentioned in that subsection.
sec.9
Movement of health service employees employed on a contract
sec.9 Movement of health service employees employed on a contract
This section applies to the movement of a health service employee to another health system employer—
under section 7 if, immediately before the movement, the employee was appointed on a contract; or
under section 8 .
The employee is taken to be employed by the health system employer under the contract under which the employee was employed before the movement.
If a provision in the employee’s contract is inconsistent with a movement under this part, the movement takes effect despite the inconsistency.
If, immediately before the movement, the employee was appointed on a contract for a fixed term, the employee is appointed for the following period from the movement—
if a period is stated in the agreement or written direction given under section 7 or 8 for the movement—the period stated;
if no period is stated in the agreement or written direction—the period remaining on the term of the employee’s contract.
The period stated in the agreement or written direction mentioned in subsection (4) (a) may not be more than the period remaining on the term of the employee’s contract.
(sec.9-ssec.1) This section applies to the movement of a health service employee to another health system employer— under section 7 if, immediately before the movement, the employee was appointed on a contract; or under section 8 .
(sec.9-ssec.2) The employee is taken to be employed by the health system employer under the contract under which the employee was employed before the movement.
(sec.9-ssec.3) If a provision in the employee’s contract is inconsistent with a movement under this part, the movement takes effect despite the inconsistency.
(sec.9-ssec.4) If, immediately before the movement, the employee was appointed on a contract for a fixed term, the employee is appointed for the following period from the movement— if a period is stated in the agreement or written direction given under section 7 or 8 for the movement—the period stated; if no period is stated in the agreement or written direction—the period remaining on the term of the employee’s contract.
(sec.9-ssec.5) The period stated in the agreement or written direction mentioned in subsection (4) (a) may not be more than the period remaining on the term of the employee’s contract.
- (a) under section 7 if, immediately before the movement, the employee was appointed on a contract; or
- (b) under section 8 .
- (a) if a period is stated in the agreement or written direction given under section 7 or 8 for the movement—the period stated;
- (b) if no period is stated in the agreement or written direction—the period remaining on the term of the employee’s contract.
sec.10
Movement between classification levels
sec.10 Movement between classification levels
Subject to subsection (2) , the movement of a health service employee under this part may include employing the employee at the same or a different classification level.
The employee may be moved to another health system employer at a lower classification level only if the employee consents to the movement.
However, subsection (2) does not prevent movement to a lower classification level as a result of disciplinary action against the employee.
(sec.10-ssec.1) Subject to subsection (2) , the movement of a health service employee under this part may include employing the employee at the same or a different classification level.
(sec.10-ssec.2) The employee may be moved to another health system employer at a lower classification level only if the employee consents to the movement.
(sec.10-ssec.3) However, subsection (2) does not prevent movement to a lower classification level as a result of disciplinary action against the employee.
sec.11
Effect of movement of health service employees other than health service chief executives
sec.11 Effect of movement of health service employees other than health service chief executives
If a health service employee is moved under section 7 , the movement has effect unless the employee establishes reasonable grounds for refusing the movement to the satisfaction of—
if the movement is by agreement under section 7 (2) (a) —the chief executive of the health system employer from which the employee is moved; or
if the movement is by written direction under section 7 (2) (b) —the chief executive of the department.
The health service employee must be given a reasonable time to establish reasonable grounds for refusing the movement.
Subsection (4) applies if the health service employee refuses the movement after failing to establish reasonable grounds for refusing the movement.
The relevant chief executive of the health system employer from which the employee is moved—
if the movement is by agreement under section 7 (2) (a) —may end the employee’s employment by signed notice given to the employee; or
if the movement is by written direction under section 7 (2) (b) —must end the employee’s employment by signed notice given to the employee.
If the employee establishes reasonable grounds for refusing the movement—
the movement is cancelled; and
the refusal must not be used to prejudice the employee’s prospects for future promotion or advancement.
(sec.11-ssec.1) If a health service employee is moved under section 7 , the movement has effect unless the employee establishes reasonable grounds for refusing the movement to the satisfaction of— if the movement is by agreement under section 7 (2) (a) —the chief executive of the health system employer from which the employee is moved; or if the movement is by written direction under section 7 (2) (b) —the chief executive of the department.
(sec.11-ssec.2) The health service employee must be given a reasonable time to establish reasonable grounds for refusing the movement.
(sec.11-ssec.3) Subsection (4) applies if the health service employee refuses the movement after failing to establish reasonable grounds for refusing the movement.
(sec.11-ssec.4) The relevant chief executive of the health system employer from which the employee is moved— if the movement is by agreement under section 7 (2) (a) —may end the employee’s employment by signed notice given to the employee; or if the movement is by written direction under section 7 (2) (b) —must end the employee’s employment by signed notice given to the employee.
(sec.11-ssec.5) If the employee establishes reasonable grounds for refusing the movement— the movement is cancelled; and the refusal must not be used to prejudice the employee’s prospects for future promotion or advancement.
- (a) if the movement is by agreement under section 7 (2) (a) —the chief executive of the health system employer from which the employee is moved; or
- (b) if the movement is by written direction under section 7 (2) (b) —the chief executive of the department.
- (a) if the movement is by agreement under section 7 (2) (a) —may end the employee’s employment by signed notice given to the employee; or
- (b) if the movement is by written direction under section 7 (2) (b) —must end the employee’s employment by signed notice given to the employee.
- (a) the movement is cancelled; and
- (b) the refusal must not be used to prejudice the employee’s prospects for future promotion or advancement.
sec.12
Effect of movement of health service chief executives
sec.12 Effect of movement of health service chief executives
If a health service chief executive is moved under section 8 , the movement has effect unless the health service chief executive establishes reasonable grounds for refusing the movement to the satisfaction of the following—
if the movement is by agreement under section 8 (2) —the chair of the board of the Service from which the health service chief executive is moved;
if the movement is by written direction under section 8 (3) —the Minister.
A health service chief executive must be given a reasonable time to establish reasonable grounds for refusing the movement.
Subsection (4) applies if the health service chief executive refuses the movement after failing to establish reasonable grounds for refusing the movement.
The chair of the board for the Service from which the health service chief executive is moved—
if the movement is by agreement under section 8 (2) —may end the health service chief executive’s employment by signed notice given to the health service chief executive; or
if the movement is by written direction under section 8 (3) —must end the health service chief executive’s employment by signed notice given to the health service chief executive.
If the health service chief executive establishes reasonable grounds for refusing the movement—
the movement is cancelled; and
the refusal must not be used to prejudice the health service chief executive’s prospects for future promotion or advancement.
(sec.12-ssec.1) If a health service chief executive is moved under section 8 , the movement has effect unless the health service chief executive establishes reasonable grounds for refusing the movement to the satisfaction of the following— if the movement is by agreement under section 8 (2) —the chair of the board of the Service from which the health service chief executive is moved; if the movement is by written direction under section 8 (3) —the Minister.
(sec.12-ssec.2) A health service chief executive must be given a reasonable time to establish reasonable grounds for refusing the movement.
(sec.12-ssec.3) Subsection (4) applies if the health service chief executive refuses the movement after failing to establish reasonable grounds for refusing the movement.
(sec.12-ssec.4) The chair of the board for the Service from which the health service chief executive is moved— if the movement is by agreement under section 8 (2) —may end the health service chief executive’s employment by signed notice given to the health service chief executive; or if the movement is by written direction under section 8 (3) —must end the health service chief executive’s employment by signed notice given to the health service chief executive.
(sec.12-ssec.5) If the health service chief executive establishes reasonable grounds for refusing the movement— the movement is cancelled; and the refusal must not be used to prejudice the health service chief executive’s prospects for future promotion or advancement.
- (a) if the movement is by agreement under section 8 (2) —the chair of the board of the Service from which the health service chief executive is moved;
- (b) if the movement is by written direction under section 8 (3) —the Minister.
- (a) if the movement is by agreement under section 8 (2) —may end the health service chief executive’s employment by signed notice given to the health service chief executive; or
- (b) if the movement is by written direction under section 8 (3) —must end the health service chief executive’s employment by signed notice given to the health service chief executive.
- (a) the movement is cancelled; and
- (b) the refusal must not be used to prejudice the health service chief executive’s prospects for future promotion or advancement.
sec.13
Continuation of entitlements of health service employees
sec.13 Continuation of entitlements of health service employees
This section applies to a health service employee of a health system employer (the first employer ) if the employee is appointed to another health system employer without break of service, including as a result of a movement under this part.
The following apply for the employee—
the employee is entitled to all leave entitlements and superannuation that have accrued to the employee because of the employee’s employment with the first employer;
accrued recreation leave or accrued sick leave
the employee’s continuity of service is not interrupted, including for the purposes of accruing leave entitlements and superannuation, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;
the employee’s appointment does not constitute a termination of employment or a retrenchment or redundancy;
the employee is not entitled to a payment or other benefit because the employee is no longer employed by the first employer.
This section applies to rights accrued and service undertaken before or after the commencement.
(sec.13-ssec.1) This section applies to a health service employee of a health system employer (the first employer ) if the employee is appointed to another health system employer without break of service, including as a result of a movement under this part.
(sec.13-ssec.2) The following apply for the employee— the employee is entitled to all leave entitlements and superannuation that have accrued to the employee because of the employee’s employment with the first employer; accrued recreation leave or accrued sick leave the employee’s continuity of service is not interrupted, including for the purposes of accruing leave entitlements and superannuation, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; the employee’s appointment does not constitute a termination of employment or a retrenchment or redundancy; the employee is not entitled to a payment or other benefit because the employee is no longer employed by the first employer.
(sec.13-ssec.3) This section applies to rights accrued and service undertaken before or after the commencement.
- (a) the employee is entitled to all leave entitlements and superannuation that have accrued to the employee because of the employee’s employment with the first employer; Examples of leave entitlements that have accrued to the employee— accrued recreation leave or accrued sick leave
- (b) the employee’s continuity of service is not interrupted, including for the purposes of accruing leave entitlements and superannuation, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;
- (c) the employee’s appointment does not constitute a termination of employment or a retrenchment or redundancy;
- (d) the employee is not entitled to a payment or other benefit because the employee is no longer employed by the first employer.
sec.14
Senior health service employees— Act , s 74A
sec.14 Senior health service employees— Act , s 74A
For section 74A (1) of the Act , each of the following positions is prescribed as a senior health service employee position—
a position at a classification level mentioned in schedule 3 , part 1 ;
a position mentioned in schedule 3 , part 2 .
- (a) a position at a classification level mentioned in schedule 3 , part 1 ;
- (b) a position mentioned in schedule 3 , part 2 .
sec.15
Disclosure of personal information of health service employees and departmental public service employees in particular circumstances
sec.15 Disclosure of personal information of health service employees and departmental public service employees in particular circumstances
This section applies to a person’s personal information held by a health system employer if the person—
is or was a health service employee; or
is or was a public service employee employed in the department (a departmental public service employee ); or
is being, or was, considered for appointment as a health service employee or departmental public service employee.
The health system employer (the first health system employer ) may transfer or otherwise disclose the person’s personal information to another health system employer (the second health system employer ) if—
the information was collected or held by the first health system employer in relation to the person’s employment or appointment with the employer; and
either—
for a person mentioned in subsection (1) (c) whose suitability for employment has not been finally assessed by the first health system employer—the person is being considered for appointment, or is appointed, by the second health system employer; or
in any other case—the person transfers or moves to, or is appointed by, the second health system employer.
This section applies—
to personal information held by a health system employer before or after the commencement; and
to matters not dealt with in section 274 of the Act .
For this section, a person is considered for appointment as a health service employee or departmental public service employee if—
the person applied or otherwise expressed an interest in being appointed; and
the person’s suitability for employment has not been finally assessed.
In this section—
personal information see the Information Privacy Act 2009 , section 12 .
(sec.15-ssec.1) This section applies to a person’s personal information held by a health system employer if the person— is or was a health service employee; or is or was a public service employee employed in the department (a departmental public service employee ); or is being, or was, considered for appointment as a health service employee or departmental public service employee.
(sec.15-ssec.2) The health system employer (the first health system employer ) may transfer or otherwise disclose the person’s personal information to another health system employer (the second health system employer ) if— the information was collected or held by the first health system employer in relation to the person’s employment or appointment with the employer; and either— for a person mentioned in subsection (1) (c) whose suitability for employment has not been finally assessed by the first health system employer—the person is being considered for appointment, or is appointed, by the second health system employer; or in any other case—the person transfers or moves to, or is appointed by, the second health system employer.
(sec.15-ssec.3) This section applies— to personal information held by a health system employer before or after the commencement; and to matters not dealt with in section 274 of the Act .
(sec.15-ssec.4) For this section, a person is considered for appointment as a health service employee or departmental public service employee if— the person applied or otherwise expressed an interest in being appointed; and the person’s suitability for employment has not been finally assessed.
(sec.15-ssec.5) In this section— personal information see the Information Privacy Act 2009 , section 12 .
- (a) is or was a health service employee; or
- (b) is or was a public service employee employed in the department (a departmental public service employee ); or
- (c) is being, or was, considered for appointment as a health service employee or departmental public service employee.
- (a) the information was collected or held by the first health system employer in relation to the person’s employment or appointment with the employer; and
- (b) either— (i) for a person mentioned in subsection (1) (c) whose suitability for employment has not been finally assessed by the first health system employer—the person is being considered for appointment, or is appointed, by the second health system employer; or (ii) in any other case—the person transfers or moves to, or is appointed by, the second health system employer.
- (i) for a person mentioned in subsection (1) (c) whose suitability for employment has not been finally assessed by the first health system employer—the person is being considered for appointment, or is appointed, by the second health system employer; or
- (ii) in any other case—the person transfers or moves to, or is appointed by, the second health system employer.
- (i) for a person mentioned in subsection (1) (c) whose suitability for employment has not been finally assessed by the first health system employer—the person is being considered for appointment, or is appointed, by the second health system employer; or
- (ii) in any other case—the person transfers or moves to, or is appointed by, the second health system employer.
- (a) to personal information held by a health system employer before or after the commencement; and
- (b) to matters not dealt with in section 274 of the Act .
- (a) the person applied or otherwise expressed an interest in being appointed; and
- (b) the person’s suitability for employment has not been finally assessed.
pt.4
Engagement strategies and protocols
Engagement strategies and protocols
sec.16
Definitions for part
sec.16 Definitions for part
In this part—
Aboriginal and Torres Strait Islander community-controlled health organisation means a body corporate that—
has a governing body whose members are Aboriginal people or Torres Strait Islander people elected by a local Aboriginal or Torres Strait Islander community; and
has rules preventing the distribution of the body corporate’s property to its members; and
delivers health services to the local Aboriginal or Torres Strait Islander community.
chief First Nations health officer means the public service officer employed in the department who is appointed as the chief First Nations health officer.
community includes a group or organisation consisting of individuals with a common interest.
an interest in delivery of health services in a particular geographic location
an interest in particular health issues
a common cultural background, religion or language
consumer includes the following entities—
an individual who uses or may use a health service;
the family members, carers and representatives of an individual mentioned in paragraph (a) ;
a group of, or organisation for, individuals mentioned in paragraph (a) or (b) ;
a representative of the group or organisation mentioned in paragraph (c) .
implementation stakeholders , for a Service’s health equity strategy, see section 21 .
service-delivery stakeholders , for a Service’s health equity strategy, means the following organisations—
Aboriginal and Torres Strait Islander community-controlled health organisations in the Service’s health service area;
local primary healthcare organisations for the Service.
- (a) has a governing body whose members are Aboriginal people or Torres Strait Islander people elected by a local Aboriginal or Torres Strait Islander community; and
- (b) has rules preventing the distribution of the body corporate’s property to its members; and
- (c) delivers health services to the local Aboriginal or Torres Strait Islander community.
- • an interest in delivery of health services in a particular geographic location
- • an interest in particular health issues
- • a common cultural background, religion or language
- (a) an individual who uses or may use a health service;
- (b) the family members, carers and representatives of an individual mentioned in paragraph (a) ;
- (c) a group of, or organisation for, individuals mentioned in paragraph (a) or (b) ;
- (d) a representative of the group or organisation mentioned in paragraph (c) .
- (a) Aboriginal and Torres Strait Islander community-controlled health organisations in the Service’s health service area;
- (b) local primary healthcare organisations for the Service.
sec.17
Prescribed persons—developing health equity strategies
sec.17 Prescribed persons—developing health equity strategies
For section 40 (2) (c) of the Act , the following persons are prescribed for the health equity strategy—
Aboriginal and Torres Strait Islander members of the Service’s staff;
Aboriginal and Torres Strait Islander consumers of health services delivered by the Service;
Aboriginal and Torres Strait Islander members of the community within the Service’s health service area;
traditional custodians and native title holders of land and waters in the Service’s health service area;
the implementation stakeholders for the strategy.
- (a) Aboriginal and Torres Strait Islander members of the Service’s staff;
- (b) Aboriginal and Torres Strait Islander consumers of health services delivered by the Service;
- (c) Aboriginal and Torres Strait Islander members of the community within the Service’s health service area;
- (d) traditional custodians and native title holders of land and waters in the Service’s health service area;
- (e) the implementation stakeholders for the strategy.
sec.18
Prescribed requirements for clinician engagement strategies
sec.18 Prescribed requirements for clinician engagement strategies
For section 40 (3) (a) of the Act , a clinician engagement strategy of a Service must—
include the following—
the objectives of the strategy;
how the strategy will contribute to the achievement of the organisational objectives of the Service;
the methods to be used for carrying out consultation with health professionals working in the Service, including how the consultation will involve health professionals with a diverse range of skills and experience;
holding quarterly meetings of a council consisting of senior health professionals to discuss key clinical issues
appointing health professionals to committees established by the Service
engaging with the groups of health professionals known as the Queensland Clinical Networks and the body known as the Queensland Clinical Senate
the key issues on which consultation with health professionals working in the Service will be carried out;
safety and quality of health services
clinical standards, local clinical governance arrangements, clinical workforce education and training
service planning and design for the Service
service delivery by the Service
monitoring and evaluation of service delivery by the Service
how the Service will use information obtained from implementing the strategy to continuously improve consultation with health professionals under the strategy;
how the effectiveness of consultation with health professionals under the strategy will be measured and publicly reported; and
have regard to national and State strategies, policies, agreements and standards relevant to promoting consultation with health professionals working in the Service; and
the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
outline the relationship between the Service’s clinician engagement strategy and its consumer and community engagement strategy, health equity strategy and protocol with local primary healthcare organisations; and
require a summary of the key issues discussed and decisions made in each of the Service’s board meetings to be made available to health professionals working in the Service, subject to the board’s obligations relating to confidentiality and privacy.
- (a) include the following— (i) the objectives of the strategy; (ii) how the strategy will contribute to the achievement of the organisational objectives of the Service; (iii) the methods to be used for carrying out consultation with health professionals working in the Service, including how the consultation will involve health professionals with a diverse range of skills and experience; Examples for subparagraph (iii) — • holding quarterly meetings of a council consisting of senior health professionals to discuss key clinical issues • appointing health professionals to committees established by the Service • engaging with the groups of health professionals known as the Queensland Clinical Networks and the body known as the Queensland Clinical Senate (iv) the key issues on which consultation with health professionals working in the Service will be carried out; Examples of key issues for subparagraph (iv) — • safety and quality of health services • clinical standards, local clinical governance arrangements, clinical workforce education and training • service planning and design for the Service • service delivery by the Service • monitoring and evaluation of service delivery by the Service (v) how the Service will use information obtained from implementing the strategy to continuously improve consultation with health professionals under the strategy; (vi) how the effectiveness of consultation with health professionals under the strategy will be measured and publicly reported; and
- (i) the objectives of the strategy;
- (ii) how the strategy will contribute to the achievement of the organisational objectives of the Service;
- (iii) the methods to be used for carrying out consultation with health professionals working in the Service, including how the consultation will involve health professionals with a diverse range of skills and experience; Examples for subparagraph (iii) — • holding quarterly meetings of a council consisting of senior health professionals to discuss key clinical issues • appointing health professionals to committees established by the Service • engaging with the groups of health professionals known as the Queensland Clinical Networks and the body known as the Queensland Clinical Senate
- • holding quarterly meetings of a council consisting of senior health professionals to discuss key clinical issues
- • appointing health professionals to committees established by the Service
- • engaging with the groups of health professionals known as the Queensland Clinical Networks and the body known as the Queensland Clinical Senate
- (iv) the key issues on which consultation with health professionals working in the Service will be carried out; Examples of key issues for subparagraph (iv) — • safety and quality of health services • clinical standards, local clinical governance arrangements, clinical workforce education and training • service planning and design for the Service • service delivery by the Service • monitoring and evaluation of service delivery by the Service
- • safety and quality of health services
- • clinical standards, local clinical governance arrangements, clinical workforce education and training
- • service planning and design for the Service
- • service delivery by the Service
- • monitoring and evaluation of service delivery by the Service
- (v) how the Service will use information obtained from implementing the strategy to continuously improve consultation with health professionals under the strategy;
- (vi) how the effectiveness of consultation with health professionals under the strategy will be measured and publicly reported; and
- (b) have regard to national and State strategies, policies, agreements and standards relevant to promoting consultation with health professionals working in the Service; and Example of standards— the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
- (c) outline the relationship between the Service’s clinician engagement strategy and its consumer and community engagement strategy, health equity strategy and protocol with local primary healthcare organisations; and
- (d) require a summary of the key issues discussed and decisions made in each of the Service’s board meetings to be made available to health professionals working in the Service, subject to the board’s obligations relating to confidentiality and privacy.
- (i) the objectives of the strategy;
- (ii) how the strategy will contribute to the achievement of the organisational objectives of the Service;
- (iii) the methods to be used for carrying out consultation with health professionals working in the Service, including how the consultation will involve health professionals with a diverse range of skills and experience; Examples for subparagraph (iii) — • holding quarterly meetings of a council consisting of senior health professionals to discuss key clinical issues • appointing health professionals to committees established by the Service • engaging with the groups of health professionals known as the Queensland Clinical Networks and the body known as the Queensland Clinical Senate
- • holding quarterly meetings of a council consisting of senior health professionals to discuss key clinical issues
- • appointing health professionals to committees established by the Service
- • engaging with the groups of health professionals known as the Queensland Clinical Networks and the body known as the Queensland Clinical Senate
- (iv) the key issues on which consultation with health professionals working in the Service will be carried out; Examples of key issues for subparagraph (iv) — • safety and quality of health services • clinical standards, local clinical governance arrangements, clinical workforce education and training • service planning and design for the Service • service delivery by the Service • monitoring and evaluation of service delivery by the Service
- • safety and quality of health services
- • clinical standards, local clinical governance arrangements, clinical workforce education and training
- • service planning and design for the Service
- • service delivery by the Service
- • monitoring and evaluation of service delivery by the Service
- (v) how the Service will use information obtained from implementing the strategy to continuously improve consultation with health professionals under the strategy;
- (vi) how the effectiveness of consultation with health professionals under the strategy will be measured and publicly reported; and
- • holding quarterly meetings of a council consisting of senior health professionals to discuss key clinical issues
- • appointing health professionals to committees established by the Service
- • engaging with the groups of health professionals known as the Queensland Clinical Networks and the body known as the Queensland Clinical Senate
- • safety and quality of health services
- • clinical standards, local clinical governance arrangements, clinical workforce education and training
- • service planning and design for the Service
- • service delivery by the Service
- • monitoring and evaluation of service delivery by the Service
sec.19
Prescribed requirements for consumer and community engagement strategies
sec.19 Prescribed requirements for consumer and community engagement strategies
For section 40 (3) (a) of the Act , a consumer and community engagement strategy of a Service must—
include the following—
the objectives of the strategy;
how the strategy will contribute to the achievement of the organisational objectives of the Service;
the methods to be used for carrying out consultation with consumers and members of the community, including at individual, service and Hospital and Health Service level, and with any ancillary board established for the Service’s board;
the key issues on which consultation with consumers, members of the community and any ancillary board established for the Service’s board will be carried out;
service planning and design for the Service
service delivery by the Service
monitoring and evaluation of service delivery by the Service
how the Service will actively identify and consult with particular consumers and members of the community who are at risk of experiencing poor health outcomes or who may have difficulty accessing health services;
The Service may involve providers of community services as part of the consultation arrangements stated in the strategy.
how the Service will use information obtained from implementing the strategy to continuously improve consultation with consumers and the community under the strategy;
how the effectiveness of the consumer and communities engagement strategy will be measured and publicly reported; and
have regard to national and State strategies, policies, agreements and standards relevant to promoting consultation with health consumers and members of the community about the provision of health services by the Service; and
the document called ‘Australian Charter of Healthcare Rights’ published by the Australian Commission on Safety and Quality in Health Care
the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
outline the relationship between the Service’s consumer and community engagement strategy and its clinician engagement strategy, health equity strategy and protocol with local primary healthcare organisations; and
require a summary of the key issues discussed and decisions made in each of the Service’s board meetings to be made available to consumers and the community, subject to the board’s obligations relating to confidentiality and privacy.
- (a) include the following— (i) the objectives of the strategy; (ii) how the strategy will contribute to the achievement of the organisational objectives of the Service; (iii) the methods to be used for carrying out consultation with consumers and members of the community, including at individual, service and Hospital and Health Service level, and with any ancillary board established for the Service’s board; (iv) the key issues on which consultation with consumers, members of the community and any ancillary board established for the Service’s board will be carried out; Examples of key issues for subparagraph (iv) — • service planning and design for the Service • service delivery by the Service • monitoring and evaluation of service delivery by the Service (v) how the Service will actively identify and consult with particular consumers and members of the community who are at risk of experiencing poor health outcomes or who may have difficulty accessing health services; Example for subparagraph (v) — The Service may involve providers of community services as part of the consultation arrangements stated in the strategy. (vi) how the Service will use information obtained from implementing the strategy to continuously improve consultation with consumers and the community under the strategy; (vii) how the effectiveness of the consumer and communities engagement strategy will be measured and publicly reported; and
- (i) the objectives of the strategy;
- (ii) how the strategy will contribute to the achievement of the organisational objectives of the Service;
- (iii) the methods to be used for carrying out consultation with consumers and members of the community, including at individual, service and Hospital and Health Service level, and with any ancillary board established for the Service’s board;
- (iv) the key issues on which consultation with consumers, members of the community and any ancillary board established for the Service’s board will be carried out; Examples of key issues for subparagraph (iv) — • service planning and design for the Service • service delivery by the Service • monitoring and evaluation of service delivery by the Service
- • service planning and design for the Service
- • service delivery by the Service
- • monitoring and evaluation of service delivery by the Service
- (v) how the Service will actively identify and consult with particular consumers and members of the community who are at risk of experiencing poor health outcomes or who may have difficulty accessing health services; Example for subparagraph (v) — The Service may involve providers of community services as part of the consultation arrangements stated in the strategy.
- (vi) how the Service will use information obtained from implementing the strategy to continuously improve consultation with consumers and the community under the strategy;
- (vii) how the effectiveness of the consumer and communities engagement strategy will be measured and publicly reported; and
- (b) have regard to national and State strategies, policies, agreements and standards relevant to promoting consultation with health consumers and members of the community about the provision of health services by the Service; and Examples of policies and standards— • the document called ‘Australian Charter of Healthcare Rights’ published by the Australian Commission on Safety and Quality in Health Care • the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
- • the document called ‘Australian Charter of Healthcare Rights’ published by the Australian Commission on Safety and Quality in Health Care
- • the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
- (c) outline the relationship between the Service’s consumer and community engagement strategy and its clinician engagement strategy, health equity strategy and protocol with local primary healthcare organisations; and
- (d) require a summary of the key issues discussed and decisions made in each of the Service’s board meetings to be made available to consumers and the community, subject to the board’s obligations relating to confidentiality and privacy.
- (i) the objectives of the strategy;
- (ii) how the strategy will contribute to the achievement of the organisational objectives of the Service;
- (iii) the methods to be used for carrying out consultation with consumers and members of the community, including at individual, service and Hospital and Health Service level, and with any ancillary board established for the Service’s board;
- (iv) the key issues on which consultation with consumers, members of the community and any ancillary board established for the Service’s board will be carried out; Examples of key issues for subparagraph (iv) — • service planning and design for the Service • service delivery by the Service • monitoring and evaluation of service delivery by the Service
- • service planning and design for the Service
- • service delivery by the Service
- • monitoring and evaluation of service delivery by the Service
- (v) how the Service will actively identify and consult with particular consumers and members of the community who are at risk of experiencing poor health outcomes or who may have difficulty accessing health services; Example for subparagraph (v) — The Service may involve providers of community services as part of the consultation arrangements stated in the strategy.
- (vi) how the Service will use information obtained from implementing the strategy to continuously improve consultation with consumers and the community under the strategy;
- (vii) how the effectiveness of the consumer and communities engagement strategy will be measured and publicly reported; and
- • service planning and design for the Service
- • service delivery by the Service
- • monitoring and evaluation of service delivery by the Service
- • the document called ‘Australian Charter of Healthcare Rights’ published by the Australian Commission on Safety and Quality in Health Care
- • the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
sec.20
Prescribed requirements for health equity strategies
sec.20 Prescribed requirements for health equity strategies
For section 40 (3) (a) of the Act , a health equity strategy of a Service must—
state the Service’s key performance measures, as agreed by the Service and the chief First Nations health officer, that relate to improving health and wellbeing outcomes for Aboriginal people and Torres Strait Islander people, including—
actively eliminating racial discrimination and institutional racism within the Service; and
increasing access to healthcare services; and
influencing the social, cultural and economic determinants of health; and
delivering sustainable, culturally safe and responsive healthcare services; and
working with Aboriginal people, Torres Strait Islander people and Aboriginal and Torres Strait Islander communities and organisations to design, deliver, monitor and review health services; and
set out the actions the Service will take to—
achieve the key performance measures mentioned in paragraph (a) , including through entering into partnership agreements or other arrangements with the service-delivery stakeholders for the health equity strategy; and
work with the implementation stakeholders for the health equity strategy to ensure greater collaboration, shared ownership and decision-making and the implementation of the strategy; and
improve the integration of health service delivery between the Service and the service-delivery stakeholders; and
provide inclusive mechanisms to support Aboriginal people and Torres Strait Islander people of all needs and abilities to give feedback to the Service; and
alternative mechanisms for Aboriginal people and Torres Strait Islander people experiencing vulnerabilities to give advice and feedback other than the use of an online or written form
increase workforce representation of Aboriginal people and Torres Strait Islander people across all levels of health professions and employment streams to levels at least commensurate with the health service area’s Aboriginal and Torres Strait Islander population; and
state how the strategy aligns with—
the strategic and operational objectives of the Service; and
other strategies, policies, guidelines or directives made by, or applying to, the Service under the Act or another Act; and
the Service’s consumer and community engagement strategy
policies relating to the Human Rights Act 2019
health equity strategies of other Services; and
other national, state and local government strategies, policies, agreements and standards relevant to promoting shared decision-making, shared ownership and working in partnership with Aboriginal people and Torres Strait Islander people.
the National Agreement on Closing the Gap (2020)
the Queensland Government Statement of Commitment to reframe the relationship between Aboriginal and Torres Strait Islander Peoples and the Queensland Government
the Queensland Health Aboriginal and Torres Strait Islander Cultural Capability Framework 2010-2033 (2015)
- (a) state the Service’s key performance measures, as agreed by the Service and the chief First Nations health officer, that relate to improving health and wellbeing outcomes for Aboriginal people and Torres Strait Islander people, including— (i) actively eliminating racial discrimination and institutional racism within the Service; and (ii) increasing access to healthcare services; and (iii) influencing the social, cultural and economic determinants of health; and (iv) delivering sustainable, culturally safe and responsive healthcare services; and (v) working with Aboriginal people, Torres Strait Islander people and Aboriginal and Torres Strait Islander communities and organisations to design, deliver, monitor and review health services; and
- (i) actively eliminating racial discrimination and institutional racism within the Service; and
- (ii) increasing access to healthcare services; and
- (iii) influencing the social, cultural and economic determinants of health; and
- (iv) delivering sustainable, culturally safe and responsive healthcare services; and
- (v) working with Aboriginal people, Torres Strait Islander people and Aboriginal and Torres Strait Islander communities and organisations to design, deliver, monitor and review health services; and
- (b) set out the actions the Service will take to— (i) achieve the key performance measures mentioned in paragraph (a) , including through entering into partnership agreements or other arrangements with the service-delivery stakeholders for the health equity strategy; and (ii) work with the implementation stakeholders for the health equity strategy to ensure greater collaboration, shared ownership and decision-making and the implementation of the strategy; and (iii) improve the integration of health service delivery between the Service and the service-delivery stakeholders; and (iv) provide inclusive mechanisms to support Aboriginal people and Torres Strait Islander people of all needs and abilities to give feedback to the Service; and Example— alternative mechanisms for Aboriginal people and Torres Strait Islander people experiencing vulnerabilities to give advice and feedback other than the use of an online or written form (v) increase workforce representation of Aboriginal people and Torres Strait Islander people across all levels of health professions and employment streams to levels at least commensurate with the health service area’s Aboriginal and Torres Strait Islander population; and
- (i) achieve the key performance measures mentioned in paragraph (a) , including through entering into partnership agreements or other arrangements with the service-delivery stakeholders for the health equity strategy; and
- (ii) work with the implementation stakeholders for the health equity strategy to ensure greater collaboration, shared ownership and decision-making and the implementation of the strategy; and
- (iii) improve the integration of health service delivery between the Service and the service-delivery stakeholders; and
- (iv) provide inclusive mechanisms to support Aboriginal people and Torres Strait Islander people of all needs and abilities to give feedback to the Service; and Example— alternative mechanisms for Aboriginal people and Torres Strait Islander people experiencing vulnerabilities to give advice and feedback other than the use of an online or written form
- (v) increase workforce representation of Aboriginal people and Torres Strait Islander people across all levels of health professions and employment streams to levels at least commensurate with the health service area’s Aboriginal and Torres Strait Islander population; and
- (c) state how the strategy aligns with— (i) the strategic and operational objectives of the Service; and (ii) other strategies, policies, guidelines or directives made by, or applying to, the Service under the Act or another Act; and Examples— • the Service’s consumer and community engagement strategy • policies relating to the Human Rights Act 2019 (iii) health equity strategies of other Services; and (iv) other national, state and local government strategies, policies, agreements and standards relevant to promoting shared decision-making, shared ownership and working in partnership with Aboriginal people and Torres Strait Islander people. Examples— • the National Agreement on Closing the Gap (2020) • the Queensland Government Statement of Commitment to reframe the relationship between Aboriginal and Torres Strait Islander Peoples and the Queensland Government • the Queensland Health Aboriginal and Torres Strait Islander Cultural Capability Framework 2010-2033 (2015)
- (i) the strategic and operational objectives of the Service; and
- (ii) other strategies, policies, guidelines or directives made by, or applying to, the Service under the Act or another Act; and Examples— • the Service’s consumer and community engagement strategy • policies relating to the Human Rights Act 2019
- • the Service’s consumer and community engagement strategy
- • policies relating to the Human Rights Act 2019
- (iii) health equity strategies of other Services; and
- (iv) other national, state and local government strategies, policies, agreements and standards relevant to promoting shared decision-making, shared ownership and working in partnership with Aboriginal people and Torres Strait Islander people. Examples— • the National Agreement on Closing the Gap (2020) • the Queensland Government Statement of Commitment to reframe the relationship between Aboriginal and Torres Strait Islander Peoples and the Queensland Government • the Queensland Health Aboriginal and Torres Strait Islander Cultural Capability Framework 2010-2033 (2015)
- • the National Agreement on Closing the Gap (2020)
- • the Queensland Government Statement of Commitment to reframe the relationship between Aboriginal and Torres Strait Islander Peoples and the Queensland Government
- • the Queensland Health Aboriginal and Torres Strait Islander Cultural Capability Framework 2010-2033 (2015)
- (i) actively eliminating racial discrimination and institutional racism within the Service; and
- (ii) increasing access to healthcare services; and
- (iii) influencing the social, cultural and economic determinants of health; and
- (iv) delivering sustainable, culturally safe and responsive healthcare services; and
- (v) working with Aboriginal people, Torres Strait Islander people and Aboriginal and Torres Strait Islander communities and organisations to design, deliver, monitor and review health services; and
- (i) achieve the key performance measures mentioned in paragraph (a) , including through entering into partnership agreements or other arrangements with the service-delivery stakeholders for the health equity strategy; and
- (ii) work with the implementation stakeholders for the health equity strategy to ensure greater collaboration, shared ownership and decision-making and the implementation of the strategy; and
- (iii) improve the integration of health service delivery between the Service and the service-delivery stakeholders; and
- (iv) provide inclusive mechanisms to support Aboriginal people and Torres Strait Islander people of all needs and abilities to give feedback to the Service; and Example— alternative mechanisms for Aboriginal people and Torres Strait Islander people experiencing vulnerabilities to give advice and feedback other than the use of an online or written form
- (v) increase workforce representation of Aboriginal people and Torres Strait Islander people across all levels of health professions and employment streams to levels at least commensurate with the health service area’s Aboriginal and Torres Strait Islander population; and
- (i) the strategic and operational objectives of the Service; and
- (ii) other strategies, policies, guidelines or directives made by, or applying to, the Service under the Act or another Act; and Examples— • the Service’s consumer and community engagement strategy • policies relating to the Human Rights Act 2019
- • the Service’s consumer and community engagement strategy
- • policies relating to the Human Rights Act 2019
- (iii) health equity strategies of other Services; and
- (iv) other national, state and local government strategies, policies, agreements and standards relevant to promoting shared decision-making, shared ownership and working in partnership with Aboriginal people and Torres Strait Islander people. Examples— • the National Agreement on Closing the Gap (2020) • the Queensland Government Statement of Commitment to reframe the relationship between Aboriginal and Torres Strait Islander Peoples and the Queensland Government • the Queensland Health Aboriginal and Torres Strait Islander Cultural Capability Framework 2010-2033 (2015)
- • the National Agreement on Closing the Gap (2020)
- • the Queensland Government Statement of Commitment to reframe the relationship between Aboriginal and Torres Strait Islander Peoples and the Queensland Government
- • the Queensland Health Aboriginal and Torres Strait Islander Cultural Capability Framework 2010-2033 (2015)
- • the Service’s consumer and community engagement strategy
- • policies relating to the Human Rights Act 2019
- • the National Agreement on Closing the Gap (2020)
- • the Queensland Government Statement of Commitment to reframe the relationship between Aboriginal and Torres Strait Islander Peoples and the Queensland Government
- • the Queensland Health Aboriginal and Torres Strait Islander Cultural Capability Framework 2010-2033 (2015)
sec.21
Prescribed persons—giving effect to health equity strategies
sec.21 Prescribed persons—giving effect to health equity strategies
For section 40 (5) of the Act , the following persons (the implementation stakeholders ) are prescribed—
the service-delivery stakeholders for the health equity strategy;
the chief First Nations health officer;
Queensland Aboriginal and Islander Health Council ABN 97 111 116 762;
Health and Wellbeing Queensland established under the Health and Wellbeing Queensland Act 2019 .
- (a) the service-delivery stakeholders for the health equity strategy;
- (b) the chief First Nations health officer;
- (c) Queensland Aboriginal and Islander Health Council ABN 97 111 116 762;
- (d) Health and Wellbeing Queensland established under the Health and Wellbeing Queensland Act 2019 .
sec.22
Prescribed requirements for protocol with local primary healthcare organisations
sec.22 Prescribed requirements for protocol with local primary healthcare organisations
For section 42 (2) (a) of the Act , a protocol of a Service agreed with local primary healthcare organisations must—
include the following—
the objectives of the protocol;
how the protocol will contribute to the achievement of the organisational objectives of the Service;
the key issues on which the Service and the local primary healthcare organisations are to cooperate;
health service integration
the protection and promotion of public health
service planning and design for the Service
local clinical governance arrangements
how the Service and local primary healthcare organisations will support the implementation of the protocol, including arrangements for sharing staff and allowing access to facilities and information management systems;
arrangements for sharing information between the Service and local primary healthcare organisations to improve service delivery and health outcomes;
how the protocol aligns with the Service’s cooperative arrangements with other entities delivering services in the health, aged care and disability sectors to improve service delivery and health outcomes;
how the Service will use information obtained from implementing the protocol to continuously improve cooperation with local primary healthcare organisations under the protocol;
how the effectiveness of the protocol will be measured and publicly reported; and
have regard to national and State strategies, policies, agreements and standards; and
outline the relationship between the Service’s protocol and its consumer and community engagement strategy, clinician engagement strategy and health equity strategy; and
require a summary of the key issues discussed and decisions made in each of the Service’s board meetings to be made available to the Service’s local primary healthcare organisations, subject to the board’s obligations relating to confidentiality and privacy.
- (a) include the following— (i) the objectives of the protocol; (ii) how the protocol will contribute to the achievement of the organisational objectives of the Service; (iii) the key issues on which the Service and the local primary healthcare organisations are to cooperate; Examples of key issues for subparagraph (iii) — • health service integration • the protection and promotion of public health • service planning and design for the Service • local clinical governance arrangements (iv) how the Service and local primary healthcare organisations will support the implementation of the protocol, including arrangements for sharing staff and allowing access to facilities and information management systems; (v) arrangements for sharing information between the Service and local primary healthcare organisations to improve service delivery and health outcomes; (vi) how the protocol aligns with the Service’s cooperative arrangements with other entities delivering services in the health, aged care and disability sectors to improve service delivery and health outcomes; (vii) how the Service will use information obtained from implementing the protocol to continuously improve cooperation with local primary healthcare organisations under the protocol; (viii) how the effectiveness of the protocol will be measured and publicly reported; and
- (i) the objectives of the protocol;
- (ii) how the protocol will contribute to the achievement of the organisational objectives of the Service;
- (iii) the key issues on which the Service and the local primary healthcare organisations are to cooperate; Examples of key issues for subparagraph (iii) — • health service integration • the protection and promotion of public health • service planning and design for the Service • local clinical governance arrangements
- • health service integration
- • the protection and promotion of public health
- • service planning and design for the Service
- • local clinical governance arrangements
- (iv) how the Service and local primary healthcare organisations will support the implementation of the protocol, including arrangements for sharing staff and allowing access to facilities and information management systems;
- (v) arrangements for sharing information between the Service and local primary healthcare organisations to improve service delivery and health outcomes;
- (vi) how the protocol aligns with the Service’s cooperative arrangements with other entities delivering services in the health, aged care and disability sectors to improve service delivery and health outcomes;
- (vii) how the Service will use information obtained from implementing the protocol to continuously improve cooperation with local primary healthcare organisations under the protocol;
- (viii) how the effectiveness of the protocol will be measured and publicly reported; and
- (b) have regard to national and State strategies, policies, agreements and standards; and
- (c) outline the relationship between the Service’s protocol and its consumer and community engagement strategy, clinician engagement strategy and health equity strategy; and
- (d) require a summary of the key issues discussed and decisions made in each of the Service’s board meetings to be made available to the Service’s local primary healthcare organisations, subject to the board’s obligations relating to confidentiality and privacy.
- (i) the objectives of the protocol;
- (ii) how the protocol will contribute to the achievement of the organisational objectives of the Service;
- (iii) the key issues on which the Service and the local primary healthcare organisations are to cooperate; Examples of key issues for subparagraph (iii) — • health service integration • the protection and promotion of public health • service planning and design for the Service • local clinical governance arrangements
- • health service integration
- • the protection and promotion of public health
- • service planning and design for the Service
- • local clinical governance arrangements
- (iv) how the Service and local primary healthcare organisations will support the implementation of the protocol, including arrangements for sharing staff and allowing access to facilities and information management systems;
- (v) arrangements for sharing information between the Service and local primary healthcare organisations to improve service delivery and health outcomes;
- (vi) how the protocol aligns with the Service’s cooperative arrangements with other entities delivering services in the health, aged care and disability sectors to improve service delivery and health outcomes;
- (vii) how the Service will use information obtained from implementing the protocol to continuously improve cooperation with local primary healthcare organisations under the protocol;
- (viii) how the effectiveness of the protocol will be measured and publicly reported; and
- • health service integration
- • the protection and promotion of public health
- • service planning and design for the Service
- • local clinical governance arrangements
pt.5
Quality assurance committees
Quality assurance committees
pt.5-div.1
Preliminary
sec.23
Definitions for part
sec.23 Definitions for part
In this part—
committee means a quality assurance committee established under section 82 of the Act .
member means a member of a committee.
privacy policy see section 31 .
specified information see section 33 .
pt.5-div.2
Procedures of committees
sec.24
Chairperson
sec.24 Chairperson
If the entity that established a committee does not appoint a member to be chairperson of the committee, the committee must elect a member to be the chairperson.
Also, a committee may elect a member to be chairperson of the committee at any time.
The member elected under subsection (1) or (2) is appointed as chairperson when the entity establishing the committee approves the appointment.
If a committee was established by an entity other than the chief executive, as soon as practicable after the chairperson is appointed the committee must give the chief executive a written notice containing the following information—
the member’s full name;
the date the member was appointed as chairperson.
(sec.24-ssec.1) If the entity that established a committee does not appoint a member to be chairperson of the committee, the committee must elect a member to be the chairperson.
(sec.24-ssec.2) Also, a committee may elect a member to be chairperson of the committee at any time.
(sec.24-ssec.3) The member elected under subsection (1) or (2) is appointed as chairperson when the entity establishing the committee approves the appointment.
(sec.24-ssec.4) If a committee was established by an entity other than the chief executive, as soon as practicable after the chairperson is appointed the committee must give the chief executive a written notice containing the following information— the member’s full name; the date the member was appointed as chairperson.
- (a) the member’s full name;
- (b) the date the member was appointed as chairperson.
sec.25
Times and places of meetings
sec.25 Times and places of meetings
Committee meetings are to be held at the times and places the chairperson decides.
However, the chairperson must call a meeting if asked in writing to do so by at least the number of members forming a quorum for the committee.
Also, a committee must hold its first meeting within 3 months after its establishment.
(sec.25-ssec.1) Committee meetings are to be held at the times and places the chairperson decides.
(sec.25-ssec.2) However, the chairperson must call a meeting if asked in writing to do so by at least the number of members forming a quorum for the committee.
(sec.25-ssec.3) Also, a committee must hold its first meeting within 3 months after its establishment.
sec.26
Quorum
sec.26 Quorum
A quorum for a committee is the number equal to one-half of the number of its members or, if one-half is not a whole number, the next highest whole number.
sec.27
Presiding at meetings
sec.27 Presiding at meetings
The chairperson is to preside at all meetings of a committee at which the chairperson is present.
If the chairperson is absent from a meeting or the office of chairperson is vacant, a member chosen by the members present is to preside.
(sec.27-ssec.1) The chairperson is to preside at all meetings of a committee at which the chairperson is present.
(sec.27-ssec.2) If the chairperson is absent from a meeting or the office of chairperson is vacant, a member chosen by the members present is to preside.
sec.28
Conduct of meetings
sec.28 Conduct of meetings
A question at a committee meeting is decided by a majority of the votes of the members present.
Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.
(sec.28-ssec.1) A question at a committee meeting is decided by a majority of the votes of the members present.
(sec.28-ssec.2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.
sec.29
Minutes
sec.29 Minutes
A committee must keep the minutes of a meeting of the committee for 10 years after the meeting.
Subsection (1) does not apply to the extent that the minutes are a public record under the Public Records Act 2002 .
(sec.29-ssec.1) A committee must keep the minutes of a meeting of the committee for 10 years after the meeting.
(sec.29-ssec.2) Subsection (1) does not apply to the extent that the minutes are a public record under the Public Records Act 2002 .
sec.30
Other procedures
sec.30 Other procedures
Subject to this division—
a committee must conduct its business, including its meetings, under the procedures, if any, decided for the committee by the entity that established the committee; or
otherwise, the committee may conduct its business, including its meetings, under procedures decided by the committee.
- (a) a committee must conduct its business, including its meetings, under the procedures, if any, decided for the committee by the entity that established the committee; or
- (b) otherwise, the committee may conduct its business, including its meetings, under procedures decided by the committee.
pt.5-div.3
Privacy policies
sec.31
A committee must adopt a privacy policy
sec.31 A committee must adopt a privacy policy
A committee must adopt, by resolution, a written privacy policy (a privacy policy ).
sec.32
Content of privacy policy
sec.32 Content of privacy policy
A committee’s privacy policy must state the ways the committee, or a member of the committee, may do any of the following—
acquire and compile relevant information;
securely store relevant information;
disclose relevant information;
ask an individual for consent to disclose the individual’s identity under section 83 (2) of the Act .
The privacy policy also must state the circumstances under which a record containing relevant information may be copied or destroyed.
Nothing in this section affects the operation of the Information Privacy Act 2009 or the Privacy Act 1988 (Cwlth) .
In this section—
relevant information means information acquired or compiled by the committee in the performance of its functions.
(sec.32-ssec.1) A committee’s privacy policy must state the ways the committee, or a member of the committee, may do any of the following— acquire and compile relevant information; securely store relevant information; disclose relevant information; ask an individual for consent to disclose the individual’s identity under section 83 (2) of the Act .
(sec.32-ssec.2) The privacy policy also must state the circumstances under which a record containing relevant information may be copied or destroyed.
(sec.32-ssec.3) Nothing in this section affects the operation of the Information Privacy Act 2009 or the Privacy Act 1988 (Cwlth) .
(sec.32-ssec.4) In this section— relevant information means information acquired or compiled by the committee in the performance of its functions.
- (a) acquire and compile relevant information;
- (b) securely store relevant information;
- (c) disclose relevant information;
- (d) ask an individual for consent to disclose the individual’s identity under section 83 (2) of the Act .
pt.5-div.4
Information to be made available by committees
Information to be made available by committees
sec.33
Specified information to be made available to the public
sec.33 Specified information to be made available to the public
A committee must make available to the public the information stated in subsection (3) (the specified information ).
The specified information must—
for the first time a committee makes the specified information available to the public—be made available within 3 years after, and relate to the period since, the committee was established; or
otherwise—be made available within 3 years after, and relate to the period since, the committee last made the specified information available.
For subsection (1) , the information is—
a statement of the committee’s functions; and
for each current committee member—
the member’s full name and qualifications; and
the member’s office or position; and
a summary of the member’s experience that is relevant to the committee’s functions; and
a summary of the activities undertaken in, and any outcomes of, the performance of the committee’s functions; and
a summary of the committee’s privacy policy.
The committee must give the specified information to the entity that established the committee before the committee makes it available to the public.
A committee may make the specified information available in a form the committee considers appropriate.
The specified information may be included in the annual report of the entity that established the committee.
(sec.33-ssec.1) A committee must make available to the public the information stated in subsection (3) (the specified information ).
(sec.33-ssec.2) The specified information must— for the first time a committee makes the specified information available to the public—be made available within 3 years after, and relate to the period since, the committee was established; or otherwise—be made available within 3 years after, and relate to the period since, the committee last made the specified information available.
(sec.33-ssec.3) For subsection (1) , the information is— a statement of the committee’s functions; and for each current committee member— the member’s full name and qualifications; and the member’s office or position; and a summary of the member’s experience that is relevant to the committee’s functions; and a summary of the activities undertaken in, and any outcomes of, the performance of the committee’s functions; and a summary of the committee’s privacy policy.
(sec.33-ssec.4) The committee must give the specified information to the entity that established the committee before the committee makes it available to the public.
(sec.33-ssec.5) A committee may make the specified information available in a form the committee considers appropriate. The specified information may be included in the annual report of the entity that established the committee.
- (a) for the first time a committee makes the specified information available to the public—be made available within 3 years after, and relate to the period since, the committee was established; or
- (b) otherwise—be made available within 3 years after, and relate to the period since, the committee last made the specified information available.
- (a) a statement of the committee’s functions; and
- (b) for each current committee member— (i) the member’s full name and qualifications; and (ii) the member’s office or position; and (iii) a summary of the member’s experience that is relevant to the committee’s functions; and
- (i) the member’s full name and qualifications; and
- (ii) the member’s office or position; and
- (iii) a summary of the member’s experience that is relevant to the committee’s functions; and
- (c) a summary of the activities undertaken in, and any outcomes of, the performance of the committee’s functions; and
- (d) a summary of the committee’s privacy policy.
- (i) the member’s full name and qualifications; and
- (ii) the member’s office or position; and
- (iii) a summary of the member’s experience that is relevant to the committee’s functions; and
pt.5-div.5
Review and reporting obligations
Review and reporting obligations
sec.34
Review of functions
sec.34 Review of functions
A committee must carry out a review of its functions—
within 3 years after the committee is established; and
afterwards—within 3 years after the previous review.
As soon as practicable after each review is carried out, the committee must give a report about the review to—
the entity that established the committee; and
if the committee was established by an entity other than the chief executive—the chief executive.
(sec.34-ssec.1) A committee must carry out a review of its functions— within 3 years after the committee is established; and afterwards—within 3 years after the previous review.
(sec.34-ssec.2) As soon as practicable after each review is carried out, the committee must give a report about the review to— the entity that established the committee; and if the committee was established by an entity other than the chief executive—the chief executive.
- (a) within 3 years after the committee is established; and
- (b) afterwards—within 3 years after the previous review.
- (a) the entity that established the committee; and
- (b) if the committee was established by an entity other than the chief executive—the chief executive.
sec.35
Annual activity statement
sec.35 Annual activity statement
A committee must prepare an annual activity statement.
The statement must include all of the following for the committee—
the chairperson’s full name;
each member’s full name;
for any person appointed as a member during the reporting period—
the person’s full name and qualifications; and
the person’s office or position; and
a summary of the person’s experience that is relevant to the committee’s functions; and
the date the person became a member;
if a person stopped being a member during the reporting period—the date the individual stopped being a member;
the dates of each meeting held by the committee during the reporting period.
The annual activity statement must, on or before each anniversary of the day the committee was established, be given to—
the entity that established the committee; and
if the committee was established by an entity other than the chief executive—the chief executive.
(sec.35-ssec.1) A committee must prepare an annual activity statement.
(sec.35-ssec.2) The statement must include all of the following for the committee— the chairperson’s full name; each member’s full name; for any person appointed as a member during the reporting period— the person’s full name and qualifications; and the person’s office or position; and a summary of the person’s experience that is relevant to the committee’s functions; and the date the person became a member; if a person stopped being a member during the reporting period—the date the individual stopped being a member; the dates of each meeting held by the committee during the reporting period.
(sec.35-ssec.3) The annual activity statement must, on or before each anniversary of the day the committee was established, be given to— the entity that established the committee; and if the committee was established by an entity other than the chief executive—the chief executive.
- (a) the chairperson’s full name;
- (b) each member’s full name;
- (c) for any person appointed as a member during the reporting period— (i) the person’s full name and qualifications; and (ii) the person’s office or position; and (iii) a summary of the person’s experience that is relevant to the committee’s functions; and (iv) the date the person became a member;
- (i) the person’s full name and qualifications; and
- (ii) the person’s office or position; and
- (iii) a summary of the person’s experience that is relevant to the committee’s functions; and
- (iv) the date the person became a member;
- (d) if a person stopped being a member during the reporting period—the date the individual stopped being a member;
- (e) the dates of each meeting held by the committee during the reporting period.
- (i) the person’s full name and qualifications; and
- (ii) the person’s office or position; and
- (iii) a summary of the person’s experience that is relevant to the committee’s functions; and
- (iv) the date the person became a member;
- (a) the entity that established the committee; and
- (b) if the committee was established by an entity other than the chief executive—the chief executive.
pt.5-div.6
Miscellaneous
sec.36
Prescribed patient safety entities and authorised purposes
sec.36 Prescribed patient safety entities and authorised purposes
Each of the following is a patient safety entity for section 85 (3) of the Act , definition prescribed patient safety entity —
the administrative unit of the department responsible for coordinating improvements in the safety and quality of health services;
the administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas;
an executive committee established by the chief executive to oversee improvements in the safety and quality of health services;
each safety and quality committee established by a board.
For section 85 (3) of the Act , definition authorised purpose , the purposes stated in schedule 4 , part 1 for a prescribed patient safety entity are the purposes prescribed for the entity.
(sec.36-ssec.1) Each of the following is a patient safety entity for section 85 (3) of the Act , definition prescribed patient safety entity — the administrative unit of the department responsible for coordinating improvements in the safety and quality of health services; the administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas; an executive committee established by the chief executive to oversee improvements in the safety and quality of health services; each safety and quality committee established by a board.
(sec.36-ssec.2) For section 85 (3) of the Act , definition authorised purpose , the purposes stated in schedule 4 , part 1 for a prescribed patient safety entity are the purposes prescribed for the entity.
- (a) the administrative unit of the department responsible for coordinating improvements in the safety and quality of health services;
- (b) the administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas;
- (c) an executive committee established by the chief executive to oversee improvements in the safety and quality of health services;
- (d) each safety and quality committee established by a board.
pt.6
Root cause analyses
sec.37
Reportable events
sec.37 Reportable events
For section 94 of the Act , definition reportable event , each of the following events is prescribed—
surgery or another invasive procedure being performed on the wrong site of a patient’s body resulting in serious harm to the patient or the death of the patient;
surgery or another invasive procedure being performed on the wrong patient resulting in serious harm to the patient or the death of the patient;
the wrong surgical or other invasive procedure being performed on a patient resulting in serious harm to the patient or the death of the patient;
the unintended retention of a foreign object in a patient after surgery or another invasive procedure resulting in serious harm to the patient or the death of the patient;
a haemolytic blood transfusion reaction caused by ABO incompatibility resulting in serious harm to or the death of the patient receiving the blood transfusion;
the suspected suicide of a patient within an acute psychiatric unit or ward;
an error relating to a patient’s medication resulting in serious harm to the patient or the death of the patient;
the use of physical or mechanical restraint resulting in serious harm to a patient or the death of a patient;
the use of an incorrectly positioned orogastric or nasogastric tube resulting in serious harm to a patient or the death of a patient;
the discharge or release of a patient who is a child under the age of 15 years to an unauthorised person;
a stillbirth;
any death of a patient, or serious harm or other harm to a patient that is likely to be permanent, that—
is not mentioned in paragraphs (a) to (i) ; and
was not reasonably expected to be an outcome of the health service provided to the patient.
For subsection (1) (f) , an acute psychiatric unit or ward is a specialised unit or ward, including a unit or ward within an emergency department, for the treatment and care of admitted patients with a mental illness if the unit or ward—
is specifically designed with fixtures and fittings that minimise the opportunity for patient suicide; and
is specifically designed to prevent any unauthorised ingress or egress; and
is subject to protocols for the observation of patients within the unit or ward.
In this section—
ABO incompatibility , in relation to a blood transfusion received by a patient, means the use of an incompatible blood group for the patient in the transfusion.
invasive procedure means a medical procedure that enters a person’s body including, for example, by cutting or puncturing the skin or by inserting a needle, tube, device or scope into the body.
mechanical restraint means a device that controls a person’s freedom of movement.
mental illness see the Mental Health Act 2016 , section 10 .
serious harm , for a patient, means harm to the patient—
that requires life-saving surgical or medical intervention; or
shortens the patient’s life expectancy; or
that is permanent or long-term physical harm; or
that is a permanent or long-term loss of a physical function.
stillbirth means the birth of a child—
who shows no sign of respiration or heartbeat, or other sign of life, after completely leaving the child’s mother’s body; and
who—
has been gestated for 20 weeks or more; or
weighs 400g or more.
unauthorised person , in relation to a child, means a person who—
is not a parent or legal guardian of the child; or
is not acting under the express or implied authority of a parent or legal guardian of the child for the purpose of subsection (1) (j) ; or
is prevented from having access to the child by an order of a court or tribunal.
(sec.37-ssec.1) For section 94 of the Act , definition reportable event , each of the following events is prescribed— surgery or another invasive procedure being performed on the wrong site of a patient’s body resulting in serious harm to the patient or the death of the patient; surgery or another invasive procedure being performed on the wrong patient resulting in serious harm to the patient or the death of the patient; the wrong surgical or other invasive procedure being performed on a patient resulting in serious harm to the patient or the death of the patient; the unintended retention of a foreign object in a patient after surgery or another invasive procedure resulting in serious harm to the patient or the death of the patient; a haemolytic blood transfusion reaction caused by ABO incompatibility resulting in serious harm to or the death of the patient receiving the blood transfusion; the suspected suicide of a patient within an acute psychiatric unit or ward; an error relating to a patient’s medication resulting in serious harm to the patient or the death of the patient; the use of physical or mechanical restraint resulting in serious harm to a patient or the death of a patient; the use of an incorrectly positioned orogastric or nasogastric tube resulting in serious harm to a patient or the death of a patient; the discharge or release of a patient who is a child under the age of 15 years to an unauthorised person; a stillbirth; any death of a patient, or serious harm or other harm to a patient that is likely to be permanent, that— is not mentioned in paragraphs (a) to (i) ; and was not reasonably expected to be an outcome of the health service provided to the patient.
(sec.37-ssec.2) For subsection (1) (f) , an acute psychiatric unit or ward is a specialised unit or ward, including a unit or ward within an emergency department, for the treatment and care of admitted patients with a mental illness if the unit or ward— is specifically designed with fixtures and fittings that minimise the opportunity for patient suicide; and is specifically designed to prevent any unauthorised ingress or egress; and is subject to protocols for the observation of patients within the unit or ward.
(sec.37-ssec.3) In this section— ABO incompatibility , in relation to a blood transfusion received by a patient, means the use of an incompatible blood group for the patient in the transfusion. invasive procedure means a medical procedure that enters a person’s body including, for example, by cutting or puncturing the skin or by inserting a needle, tube, device or scope into the body. mechanical restraint means a device that controls a person’s freedom of movement. mental illness see the Mental Health Act 2016 , section 10 . serious harm , for a patient, means harm to the patient— that requires life-saving surgical or medical intervention; or shortens the patient’s life expectancy; or that is permanent or long-term physical harm; or that is a permanent or long-term loss of a physical function. stillbirth means the birth of a child— who shows no sign of respiration or heartbeat, or other sign of life, after completely leaving the child’s mother’s body; and who— has been gestated for 20 weeks or more; or weighs 400g or more. unauthorised person , in relation to a child, means a person who— is not a parent or legal guardian of the child; or is not acting under the express or implied authority of a parent or legal guardian of the child for the purpose of subsection (1) (j) ; or is prevented from having access to the child by an order of a court or tribunal.
- (a) surgery or another invasive procedure being performed on the wrong site of a patient’s body resulting in serious harm to the patient or the death of the patient;
- (b) surgery or another invasive procedure being performed on the wrong patient resulting in serious harm to the patient or the death of the patient;
- (c) the wrong surgical or other invasive procedure being performed on a patient resulting in serious harm to the patient or the death of the patient;
- (d) the unintended retention of a foreign object in a patient after surgery or another invasive procedure resulting in serious harm to the patient or the death of the patient;
- (e) a haemolytic blood transfusion reaction caused by ABO incompatibility resulting in serious harm to or the death of the patient receiving the blood transfusion;
- (f) the suspected suicide of a patient within an acute psychiatric unit or ward;
- (g) an error relating to a patient’s medication resulting in serious harm to the patient or the death of the patient;
- (h) the use of physical or mechanical restraint resulting in serious harm to a patient or the death of a patient;
- (i) the use of an incorrectly positioned orogastric or nasogastric tube resulting in serious harm to a patient or the death of a patient;
- (j) the discharge or release of a patient who is a child under the age of 15 years to an unauthorised person;
- (k) a stillbirth;
- (l) any death of a patient, or serious harm or other harm to a patient that is likely to be permanent, that— (i) is not mentioned in paragraphs (a) to (i) ; and (ii) was not reasonably expected to be an outcome of the health service provided to the patient.
- (i) is not mentioned in paragraphs (a) to (i) ; and
- (ii) was not reasonably expected to be an outcome of the health service provided to the patient.
- (i) is not mentioned in paragraphs (a) to (i) ; and
- (ii) was not reasonably expected to be an outcome of the health service provided to the patient.
- (a) is specifically designed with fixtures and fittings that minimise the opportunity for patient suicide; and
- (b) is specifically designed to prevent any unauthorised ingress or egress; and
- (c) is subject to protocols for the observation of patients within the unit or ward.
- (a) that requires life-saving surgical or medical intervention; or
- (b) shortens the patient’s life expectancy; or
- (c) that is permanent or long-term physical harm; or
- (d) that is a permanent or long-term loss of a physical function.
- (a) who shows no sign of respiration or heartbeat, or other sign of life, after completely leaving the child’s mother’s body; and
- (b) who— (i) has been gestated for 20 weeks or more; or (ii) weighs 400g or more.
- (i) has been gestated for 20 weeks or more; or
- (ii) weighs 400g or more.
- (i) has been gestated for 20 weeks or more; or
- (ii) weighs 400g or more.
- (a) is not a parent or legal guardian of the child; or
- (b) is not acting under the express or implied authority of a parent or legal guardian of the child for the purpose of subsection (1) (j) ; or
- (c) is prevented from having access to the child by an order of a court or tribunal.
sec.38
Prescribed patient safety entities and authorised purposes
sec.38 Prescribed patient safety entities and authorised purposes
Each of the following is a patient safety entity for section 112 (7) of the Act , definition prescribed patient safety entity —
the administrative unit of the department responsible for coordinating improvements in the safety and quality of health services;
the administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas;
an executive committee established by the chief executive to oversee improvements in the safety and quality of health services;
each safety and quality committee established by a board;
each quality assurance committee.
For section 112 (7) of the Act , definition authorised purpose , the purposes stated in schedule 4 , part 2 for a prescribed patient safety entity are the purposes prescribed for the entity.
(sec.38-ssec.1) Each of the following is a patient safety entity for section 112 (7) of the Act , definition prescribed patient safety entity — the administrative unit of the department responsible for coordinating improvements in the safety and quality of health services; the administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas; an executive committee established by the chief executive to oversee improvements in the safety and quality of health services; each safety and quality committee established by a board; each quality assurance committee.
(sec.38-ssec.2) For section 112 (7) of the Act , definition authorised purpose , the purposes stated in schedule 4 , part 2 for a prescribed patient safety entity are the purposes prescribed for the entity.
- (a) the administrative unit of the department responsible for coordinating improvements in the safety and quality of health services;
- (b) the administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas;
- (c) an executive committee established by the chief executive to oversee improvements in the safety and quality of health services;
- (d) each safety and quality committee established by a board;
- (e) each quality assurance committee.
pt.7
Nurse-to-patient and midwife-to-patient ratios
Nurse-to-patient and midwife-to-patient ratios
sec.39
References to shifts
sec.39 References to shifts
In this part—
the morning shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 7a.m. and 3p.m.; and
the afternoon shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 3p.m. and 11p.m.; and
the night shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 11p.m. and 7a.m.
However—
if a shift falls equally across the periods mentioned in subsection (1) (a) and (b) , it is taken to be an afternoon shift; and
A shift from 11a.m. to 7p.m. is an afternoon shift.
if a shift falls equally across the periods mentioned in subsection (1) (b) and (c) , it is taken to be a night shift; and
if a shift falls equally across the periods mentioned in subsection (1) (a) and (c) , it is taken to be a morning shift.
(sec.39-ssec.1) In this part— the morning shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 7a.m. and 3p.m.; and the afternoon shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 3p.m. and 11p.m.; and the night shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 11p.m. and 7a.m.
(sec.39-ssec.2) However— if a shift falls equally across the periods mentioned in subsection (1) (a) and (b) , it is taken to be an afternoon shift; and A shift from 11a.m. to 7p.m. is an afternoon shift. if a shift falls equally across the periods mentioned in subsection (1) (b) and (c) , it is taken to be a night shift; and if a shift falls equally across the periods mentioned in subsection (1) (a) and (c) , it is taken to be a morning shift.
- (a) the morning shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 7a.m. and 3p.m.; and
- (b) the afternoon shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 3p.m. and 11p.m.; and
- (c) the night shift for a ward is the shift ordinarily worked by nurses or midwives in the ward that mostly falls between 11p.m. and 7a.m.
- (a) if a shift falls equally across the periods mentioned in subsection (1) (a) and (b) , it is taken to be an afternoon shift; and Example— A shift from 11a.m. to 7p.m. is an afternoon shift.
- (b) if a shift falls equally across the periods mentioned in subsection (1) (b) and (c) , it is taken to be a night shift; and
- (c) if a shift falls equally across the periods mentioned in subsection (1) (a) and (c) , it is taken to be a morning shift.
sec.40
Nurse-to-patient and midwife-to-patient ratios applying to particular acute adult wards— Act , s 138B
sec.40 Nurse-to-patient and midwife-to-patient ratios applying to particular acute adult wards— Act , s 138B
This section applies in relation to an acute adult ward in a public sector health service facility if, in the table in schedule 5 , part 1 —
the facility is listed in the first column; and
a dot point appears opposite the facility in the column for the type of ward.
The minimum number of nurses or midwives who must be engaged in delivering health services to patients in the ward is—
for the morning shift—the number of patients divided by 4; or
for the afternoon shift—the number of patients divided by 4; or
for the night shift—the number of patients divided by 7.
In this section—
acute adult ward means an acute ward in which health services are provided to adult patients.
s 40 amd 2024 SL No. 142 s 4
(sec.40-ssec.1) This section applies in relation to an acute adult ward in a public sector health service facility if, in the table in schedule 5 , part 1 — the facility is listed in the first column; and a dot point appears opposite the facility in the column for the type of ward.
(sec.40-ssec.2) The minimum number of nurses or midwives who must be engaged in delivering health services to patients in the ward is— for the morning shift—the number of patients divided by 4; or for the afternoon shift—the number of patients divided by 4; or for the night shift—the number of patients divided by 7.
(sec.40-ssec.3) In this section— acute adult ward means an acute ward in which health services are provided to adult patients.
- (a) the facility is listed in the first column; and
- (b) a dot point appears opposite the facility in the column for the type of ward.
- (a) for the morning shift—the number of patients divided by 4; or
- (b) for the afternoon shift—the number of patients divided by 4; or
- (c) for the night shift—the number of patients divided by 7.
sec.40A
Midwife-to-patient ratios applying to postnatal maternity wards— Act , s 138B
sec.40A Midwife-to-patient ratios applying to postnatal maternity wards— Act , s 138B
This section applies in relation to a postnatal maternity ward in a public sector health service facility stated in column 1 of the table in schedule 5 , part 2 .
From the date stated in column 2 of the table opposite the facility, the minimum number of midwives who must be engaged in delivering health services to postnatal patients in the ward is the number of postnatal patients divided by 6.
In this section—
postnatal maternity ward means a maternity ward in which health services are provided to postnatal patients.
postnatal patient means each of the following persons—
a person receiving care after giving birth;
a newborn baby of a person mentioned in paragraph (a) .
s 40A ins 2024 SL No. 142 s 5
(sec.40A-ssec.1) This section applies in relation to a postnatal maternity ward in a public sector health service facility stated in column 1 of the table in schedule 5 , part 2 .
(sec.40A-ssec.2) From the date stated in column 2 of the table opposite the facility, the minimum number of midwives who must be engaged in delivering health services to postnatal patients in the ward is the number of postnatal patients divided by 6.
(sec.40A-ssec.3) In this section— postnatal maternity ward means a maternity ward in which health services are provided to postnatal patients. postnatal patient means each of the following persons— a person receiving care after giving birth; a newborn baby of a person mentioned in paragraph (a) .
- (a) a person receiving care after giving birth;
- (b) a newborn baby of a person mentioned in paragraph (a) .
sec.40B
Rounding of minimum number of nurses or midwives
sec.40B Rounding of minimum number of nurses or midwives
If a minimum number of nurses or midwives worked out under this part is less than 1, the number is taken to be 1.
Otherwise, if a minimum number of nurses or midwives worked out under this part is not a whole number, the number must be rounded to the nearest whole number (rounding one-half downwards).
For the morning shift in an acute adult ward with 7 patients, the number worked out under section 40 (2) (a) is 1.75, so the minimum number of nurses or midwives required is 2.
s 40B ins 2024 SL No. 142 s 5
(sec.40B-ssec.1) If a minimum number of nurses or midwives worked out under this part is less than 1, the number is taken to be 1.
(sec.40B-ssec.2) Otherwise, if a minimum number of nurses or midwives worked out under this part is not a whole number, the number must be rounded to the nearest whole number (rounding one-half downwards). For the morning shift in an acute adult ward with 7 patients, the number worked out under section 40 (2) (a) is 1.75, so the minimum number of nurses or midwives required is 2.
pt.8
State aged care facilities
State aged care facilities
sec.41
State aged care facilities— Act , ss 138H and 138I
sec.41 State aged care facilities— Act , ss 138H and 138I
For sections 138H and 138I of the Act , the State aged care facilities mentioned in schedule 6 are prescribed.
sec.42
Minimum nurse and registered nurse percentages— Act , s 138H
sec.42 Minimum nurse and registered nurse percentages— Act , s 138H
This section prescribes the minimum percentage of nurses or registered nurses providing residential care at a State aged care facility prescribed under section 41 during each 24-hour period to the total number of nurses and support workers (the care staff ) providing residential care at the facility during the period.
At least 50% of the care staff must be nurses.
At least 30% of the care staff must be registered nurses.
(sec.42-ssec.1) This section prescribes the minimum percentage of nurses or registered nurses providing residential care at a State aged care facility prescribed under section 41 during each 24-hour period to the total number of nurses and support workers (the care staff ) providing residential care at the facility during the period.
(sec.42-ssec.2) At least 50% of the care staff must be nurses.
(sec.42-ssec.3) At least 30% of the care staff must be registered nurses.
sec.43
Minimum average daily resident care hours— Act , s 138I
sec.43 Minimum average daily resident care hours— Act , s 138I
The minimum average daily resident care hours at a State aged care facility prescribed under section 41 is 3.65 hours.
pt.9
Committees of boards
sec.44
Prescribed committees
sec.44 Prescribed committees
For schedule 1 , section 8 (1) (b) of the Act , each of the following committees is prescribed—
a safety and quality committee;
a finance committee;
an audit committee under the Financial and Performance Management Standard 2019 , section 30 .
A Service must comply with requirements under the Financial and Performance Management Standard 2019 , section 30 in establishing an audit committee.
The board establishing the committee may assign a different name to a committee mentioned in subsection (1) , if the name is appropriate having regard to the committee’s functions.
(sec.44-ssec.1) For schedule 1 , section 8 (1) (b) of the Act , each of the following committees is prescribed— a safety and quality committee; a finance committee; an audit committee under the Financial and Performance Management Standard 2019 , section 30 . A Service must comply with requirements under the Financial and Performance Management Standard 2019 , section 30 in establishing an audit committee.
(sec.44-ssec.2) The board establishing the committee may assign a different name to a committee mentioned in subsection (1) , if the name is appropriate having regard to the committee’s functions.
- (a) a safety and quality committee;
- (b) a finance committee;
- (c) an audit committee under the Financial and Performance Management Standard 2019 , section 30 . Note— A Service must comply with requirements under the Financial and Performance Management Standard 2019 , section 30 in establishing an audit committee.
sec.45
Functions of a safety and quality committee
sec.45 Functions of a safety and quality committee
A safety and quality committee established by a Service’s board has the following functions—
advising the board on matters relating to the safety and quality of health services provided by the Service, including the Service’s strategies for the following—
minimising preventable patient harm;
reducing unjustified variation in clinical care;
improving the experience of patients and carers of the Service in receiving health services;
complying with national and State strategies, policies, agreements and standards relevant to promoting consultation with health consumers and members of the community about the provision of health services by the Service;
the document called ‘Australian Charter of Healthcare Rights’ published by the Australian Commission on Safety and Quality in Health Care
the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
monitoring the Service’s governance arrangements relating to the safety and quality of health services, including by monitoring compliance with the Service’s policies and plans about safety and quality;
promoting improvements in the safety and quality of health services provided by the Service;
monitoring the safety and quality of health services being provided by the Service using appropriate indicators developed by the Service;
monitoring the workplace culture of the Service in relation to the safety and quality of health services provided by the Service;
collaborating with other safety and quality committees, the department and State-wide quality assurance committees in relation to the safety and quality of health services;
any other function given to the committee by the Service’s board, if the function is not inconsistent with a function mentioned in paragraph (a) to (f) .
overseeing workplace health and safety practices in the Service
- (a) advising the board on matters relating to the safety and quality of health services provided by the Service, including the Service’s strategies for the following— (i) minimising preventable patient harm; (ii) reducing unjustified variation in clinical care; (iii) improving the experience of patients and carers of the Service in receiving health services; (iv) complying with national and State strategies, policies, agreements and standards relevant to promoting consultation with health consumers and members of the community about the provision of health services by the Service; Examples of policies and standards— • the document called ‘Australian Charter of Healthcare Rights’ published by the Australian Commission on Safety and Quality in Health Care • the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
- (i) minimising preventable patient harm;
- (ii) reducing unjustified variation in clinical care;
- (iii) improving the experience of patients and carers of the Service in receiving health services;
- (iv) complying with national and State strategies, policies, agreements and standards relevant to promoting consultation with health consumers and members of the community about the provision of health services by the Service; Examples of policies and standards— • the document called ‘Australian Charter of Healthcare Rights’ published by the Australian Commission on Safety and Quality in Health Care • the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
- • the document called ‘Australian Charter of Healthcare Rights’ published by the Australian Commission on Safety and Quality in Health Care
- • the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
- (b) monitoring the Service’s governance arrangements relating to the safety and quality of health services, including by monitoring compliance with the Service’s policies and plans about safety and quality;
- (c) promoting improvements in the safety and quality of health services provided by the Service;
- (d) monitoring the safety and quality of health services being provided by the Service using appropriate indicators developed by the Service;
- (e) monitoring the workplace culture of the Service in relation to the safety and quality of health services provided by the Service;
- (f) collaborating with other safety and quality committees, the department and State-wide quality assurance committees in relation to the safety and quality of health services;
- (g) any other function given to the committee by the Service’s board, if the function is not inconsistent with a function mentioned in paragraph (a) to (f) . Example of a function for paragraph (g) — overseeing workplace health and safety practices in the Service
- (i) minimising preventable patient harm;
- (ii) reducing unjustified variation in clinical care;
- (iii) improving the experience of patients and carers of the Service in receiving health services;
- (iv) complying with national and State strategies, policies, agreements and standards relevant to promoting consultation with health consumers and members of the community about the provision of health services by the Service; Examples of policies and standards— • the document called ‘Australian Charter of Healthcare Rights’ published by the Australian Commission on Safety and Quality in Health Care • the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
- • the document called ‘Australian Charter of Healthcare Rights’ published by the Australian Commission on Safety and Quality in Health Care
- • the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
- • the document called ‘Australian Charter of Healthcare Rights’ published by the Australian Commission on Safety and Quality in Health Care
- • the National Safety and Quality Health Service Standards, 2nd edition, formulated by the Australian Commission on Safety and Quality in Health Care
sec.46
Functions of a finance committee
sec.46 Functions of a finance committee
A finance committee established by a Service’s board has the following functions—
advising the board about the matters stated in paragraphs (b) to (g) ;
assessing the Service’s budgets and ensuring the budgets are—
consistent with the organisational objectives of the Service; and
appropriate having regard to the Service’s funding;
monitoring the Service’s cash flow, having regard to the revenue and expenditure of the Service;
monitoring the financial and operating performance of the Service;
monitoring the adequacy of the Service’s financial systems, having regard to its operational requirements and obligations under the Financial Accountability Act 2009 ;
assessing financial risks or concerns that impact, or may impact, on the financial performance and reporting obligations of the Service, and how the Service is managing the risks or concerns;
the accuracy of the valuation of fixed assets
the adequacy of financial reserves
assessing the Service’s complex or unusual financial transactions;
any other function given to the committee by the Service’s board, if the function is not inconsistent with a function mentioned in paragraph (a) to (g) .
performance and resource management functions
- (a) advising the board about the matters stated in paragraphs (b) to (g) ;
- (b) assessing the Service’s budgets and ensuring the budgets are— (i) consistent with the organisational objectives of the Service; and (ii) appropriate having regard to the Service’s funding;
- (i) consistent with the organisational objectives of the Service; and
- (ii) appropriate having regard to the Service’s funding;
- (c) monitoring the Service’s cash flow, having regard to the revenue and expenditure of the Service;
- (d) monitoring the financial and operating performance of the Service;
- (e) monitoring the adequacy of the Service’s financial systems, having regard to its operational requirements and obligations under the Financial Accountability Act 2009 ;
- (f) assessing financial risks or concerns that impact, or may impact, on the financial performance and reporting obligations of the Service, and how the Service is managing the risks or concerns; Examples of financial risks or concerns for paragraph (f) — • the accuracy of the valuation of fixed assets • the adequacy of financial reserves
- • the accuracy of the valuation of fixed assets
- • the adequacy of financial reserves
- (g) assessing the Service’s complex or unusual financial transactions;
- (h) any other function given to the committee by the Service’s board, if the function is not inconsistent with a function mentioned in paragraph (a) to (g) . Examples of functions for paragraph (h) — performance and resource management functions
- (i) consistent with the organisational objectives of the Service; and
- (ii) appropriate having regard to the Service’s funding;
- • the accuracy of the valuation of fixed assets
- • the adequacy of financial reserves
sec.47
Functions of an audit committee
sec.47 Functions of an audit committee
An audit committee established by a Service’s board has all of the following functions—
advising the board about the matters stated in paragraphs (b) to (h) ;
assessing the adequacy of the Service’s financial statements, having regard to the following—
the appropriateness of the accounting practices used;
compliance with prescribed accounting standards under the Financial Accountability Act 2009 ;
external audits of the Service’s financial statements;
information provided by the Service about the accuracy and completeness of the financial statements;
monitoring the Service’s compliance with its obligation to establish and maintain an internal control structure and systems of risk management under the Financial Accountability Act 2009 , including—
whether the Service has appropriate policies and procedures in place; and
whether the Service is complying with the policies and procedures;
if an internal audit function is established for the Service under the Financial and Performance Management Standard 2019 , part 2 , division 5 —monitoring and advising the Service’s board about its internal audit function;
overseeing the Service’s liaison with the Queensland Audit Office in relation to the Service’s proposed audit strategies and plans;
assessing external audit reports for the Service and the adequacy of actions taken by the Service as a result of the reports;
monitoring the adequacy of the Service’s management of legal and compliance risks and internal compliance systems, including the effectiveness of the systems in monitoring compliance by the Service with relevant laws and government policies;
assessing the Service’s complex or unusual transactions or series of transactions, or any material deviation from the Service’s budget;
any other function given to the committee by the Service’s board, if the function is not inconsistent with a function mentioned in paragraph (a) to (h) .
overseeing improvements in the quality of the Service’s systems and procedures
In this section—
external audit means an audit conducted by or for the Queensland Audit Office.
Queensland Audit Office means the Queensland Audit Office established under the Auditor-General Act 2009 , section 6 (4) .
(sec.47-ssec.1) An audit committee established by a Service’s board has all of the following functions— advising the board about the matters stated in paragraphs (b) to (h) ; assessing the adequacy of the Service’s financial statements, having regard to the following— the appropriateness of the accounting practices used; compliance with prescribed accounting standards under the Financial Accountability Act 2009 ; external audits of the Service’s financial statements; information provided by the Service about the accuracy and completeness of the financial statements; monitoring the Service’s compliance with its obligation to establish and maintain an internal control structure and systems of risk management under the Financial Accountability Act 2009 , including— whether the Service has appropriate policies and procedures in place; and whether the Service is complying with the policies and procedures; if an internal audit function is established for the Service under the Financial and Performance Management Standard 2019 , part 2 , division 5 —monitoring and advising the Service’s board about its internal audit function; overseeing the Service’s liaison with the Queensland Audit Office in relation to the Service’s proposed audit strategies and plans; assessing external audit reports for the Service and the adequacy of actions taken by the Service as a result of the reports; monitoring the adequacy of the Service’s management of legal and compliance risks and internal compliance systems, including the effectiveness of the systems in monitoring compliance by the Service with relevant laws and government policies; assessing the Service’s complex or unusual transactions or series of transactions, or any material deviation from the Service’s budget; any other function given to the committee by the Service’s board, if the function is not inconsistent with a function mentioned in paragraph (a) to (h) . overseeing improvements in the quality of the Service’s systems and procedures
(sec.47-ssec.2) In this section— external audit means an audit conducted by or for the Queensland Audit Office. Queensland Audit Office means the Queensland Audit Office established under the Auditor-General Act 2009 , section 6 (4) .
- (a) advising the board about the matters stated in paragraphs (b) to (h) ;
- (b) assessing the adequacy of the Service’s financial statements, having regard to the following— (i) the appropriateness of the accounting practices used; (ii) compliance with prescribed accounting standards under the Financial Accountability Act 2009 ; (iii) external audits of the Service’s financial statements; (iv) information provided by the Service about the accuracy and completeness of the financial statements;
- (i) the appropriateness of the accounting practices used;
- (ii) compliance with prescribed accounting standards under the Financial Accountability Act 2009 ;
- (iii) external audits of the Service’s financial statements;
- (iv) information provided by the Service about the accuracy and completeness of the financial statements;
- (c) monitoring the Service’s compliance with its obligation to establish and maintain an internal control structure and systems of risk management under the Financial Accountability Act 2009 , including— (i) whether the Service has appropriate policies and procedures in place; and (ii) whether the Service is complying with the policies and procedures;
- (i) whether the Service has appropriate policies and procedures in place; and
- (ii) whether the Service is complying with the policies and procedures;
- (d) if an internal audit function is established for the Service under the Financial and Performance Management Standard 2019 , part 2 , division 5 —monitoring and advising the Service’s board about its internal audit function;
- (e) overseeing the Service’s liaison with the Queensland Audit Office in relation to the Service’s proposed audit strategies and plans;
- (f) assessing external audit reports for the Service and the adequacy of actions taken by the Service as a result of the reports;
- (g) monitoring the adequacy of the Service’s management of legal and compliance risks and internal compliance systems, including the effectiveness of the systems in monitoring compliance by the Service with relevant laws and government policies;
- (h) assessing the Service’s complex or unusual transactions or series of transactions, or any material deviation from the Service’s budget;
- (i) any other function given to the committee by the Service’s board, if the function is not inconsistent with a function mentioned in paragraph (a) to (h) . Example of a function for paragraph (i) — overseeing improvements in the quality of the Service’s systems and procedures
- (i) the appropriateness of the accounting practices used;
- (ii) compliance with prescribed accounting standards under the Financial Accountability Act 2009 ;
- (iii) external audits of the Service’s financial statements;
- (iv) information provided by the Service about the accuracy and completeness of the financial statements;
- (i) whether the Service has appropriate policies and procedures in place; and
- (ii) whether the Service is complying with the policies and procedures;
pt.10
Confidentiality
sec.48
Prescribed health professionals— Act , s 139
sec.48 Prescribed health professionals— Act , s 139
For section 139 of the Act , definition prescribed health professional , paragraph (a) , each of the following health professionals is prescribed—
a health professional—
who is registered under the Health Practitioner Regulation National Law in a health profession mentioned in schedule 7 , part 1 , column 1; and
whose registration under that Law is of a type mentioned opposite the health profession in column 2 of the schedule;
a health professional who—
provides a health service mentioned in schedule 7 , part 2 , column 1; and
satisfies the condition for provision of the health service mentioned opposite in column 2 of the schedule.
- (a) a health professional— (i) who is registered under the Health Practitioner Regulation National Law in a health profession mentioned in schedule 7 , part 1 , column 1; and (ii) whose registration under that Law is of a type mentioned opposite the health profession in column 2 of the schedule;
- (i) who is registered under the Health Practitioner Regulation National Law in a health profession mentioned in schedule 7 , part 1 , column 1; and
- (ii) whose registration under that Law is of a type mentioned opposite the health profession in column 2 of the schedule;
- (b) a health professional who— (i) provides a health service mentioned in schedule 7 , part 2 , column 1; and (ii) satisfies the condition for provision of the health service mentioned opposite in column 2 of the schedule.
- (i) provides a health service mentioned in schedule 7 , part 2 , column 1; and
- (ii) satisfies the condition for provision of the health service mentioned opposite in column 2 of the schedule.
- (i) who is registered under the Health Practitioner Regulation National Law in a health profession mentioned in schedule 7 , part 1 , column 1; and
- (ii) whose registration under that Law is of a type mentioned opposite the health profession in column 2 of the schedule;
- (i) provides a health service mentioned in schedule 7 , part 2 , column 1; and
- (ii) satisfies the condition for provision of the health service mentioned opposite in column 2 of the schedule.
sec.49
Prescribed information system— Act , s 139
sec.49 Prescribed information system— Act , s 139
For section 139 of the Act , definition prescribed information system , the information system provided by the department called ‘The Viewer’ and with asset number 604333 is prescribed.
sec.50
Prescribed designated person— Act , s 139A
sec.50 Prescribed designated person— Act , s 139A
For section 139A (1) (m) of the Act , each of the following persons is prescribed as a designated person—
the commissioner of the Queensland Ambulance Service appointed under the Ambulance Service Act 1991 , section 4 ;
a person employed under the Ambulance Service Act 1991 , section 13 .
- (a) the commissioner of the Queensland Ambulance Service appointed under the Ambulance Service Act 1991 , section 4 ;
- (b) a person employed under the Ambulance Service Act 1991 , section 13 .
sec.51
Disclosure of confidential information for purposes relating to health services— Act , s 150
sec.51 Disclosure of confidential information for purposes relating to health services— Act , s 150
For section 150 (b) of the Act , an entity stated in column 1 of the table in schedule 7A is prescribed in relation to disclosure of information for a purpose stated in column 2 of the table opposite the entity.
s 51 sub 2024 SL No. 92 s 4
sec.52
Disclosure to Commonwealth, another State or Commonwealth or State entity— Act , s 151
sec.52 Disclosure to Commonwealth, another State or Commonwealth or State entity— Act , s 151
For section 151 (1) (a) (i) (B) of the Act , each agreement stated in schedule 8 , part 1 , is prescribed.
For section 151 (1) (b) (i) (B) of the Act , each agreement stated in schedule 8 , part 2 , is prescribed.
(sec.52-ssec.1) For section 151 (1) (a) (i) (B) of the Act , each agreement stated in schedule 8 , part 1 , is prescribed.
(sec.52-ssec.2) For section 151 (1) (b) (i) (B) of the Act , each agreement stated in schedule 8 , part 2 , is prescribed.
pt.11
Miscellaneous
sec.53
Major capital works
sec.53 Major capital works
For schedule 2 of the Act , definition major capital works , capital works are prescribed if the works—
are structural works for the construction of a building; or
involve alterations to the building envelope of an existing building; or
consist of work, other than excluded work—
that requires assessment, certification or approval under an Act; and
building work that requires assessment by a building certifier under the Building Act 1975
for which the estimated capital expenditure is $500,000 or more.
In this section—
excluded work means work that involves only routine maintenance of, or repairs to, an existing building or other structure.
(sec.53-ssec.1) For schedule 2 of the Act , definition major capital works , capital works are prescribed if the works— are structural works for the construction of a building; or involve alterations to the building envelope of an existing building; or consist of work, other than excluded work— that requires assessment, certification or approval under an Act; and building work that requires assessment by a building certifier under the Building Act 1975 for which the estimated capital expenditure is $500,000 or more.
(sec.53-ssec.2) In this section— excluded work means work that involves only routine maintenance of, or repairs to, an existing building or other structure.
- (a) are structural works for the construction of a building; or
- (b) involve alterations to the building envelope of an existing building; or
- (c) consist of work, other than excluded work— (i) that requires assessment, certification or approval under an Act; and Example— building work that requires assessment by a building certifier under the Building Act 1975 (ii) for which the estimated capital expenditure is $500,000 or more.
- (i) that requires assessment, certification or approval under an Act; and Example— building work that requires assessment by a building certifier under the Building Act 1975
- (ii) for which the estimated capital expenditure is $500,000 or more.
- (i) that requires assessment, certification or approval under an Act; and Example— building work that requires assessment by a building certifier under the Building Act 1975
- (ii) for which the estimated capital expenditure is $500,000 or more.
sch.2-pt.1
Leases that may be granted
Leases that may be granted
sch.2-pt.2
Leases that may be taken
sch.3-pt.1
Positions prescribed by classification level
Positions prescribed by classification level
sch.3-sec
Section sch.3-sec
The following classification levels under the ‘Medical Officers (Queensland Health) Award - State 2015’—
L13 but only if the position has a pay point of C1-1 under the award
L14 to L29
MOPP 1-1
MOPP 1-2
MOPP 1-3
MSPP 1-1
MSPP 1-2
MSPP 1-3
MSPP 1-4
MSPP 2-1
MSPP 2-2.
The following classification levels under the health employment directive called ‘Health Employment Directive No. 6/20 (Medical Officers with Private Practice (MOPP) and Medical Superintendents with Private Practice (MSPP) classification levels)’—
rural generalist medical officer with private practice
senior rural generalist medical officer with private practice
rural generalist medical superintendent with private practice
senior rural generalist medical superintendent with private practice.
(sch.3-sec-ssec.1) The following classification levels under the ‘Medical Officers (Queensland Health) Award - State 2015’— L13 but only if the position has a pay point of C1-1 under the award L14 to L29 MOPP 1-1 MOPP 1-2 MOPP 1-3 MSPP 1-1 MSPP 1-2 MSPP 1-3 MSPP 1-4 MSPP 2-1 MSPP 2-2.
(sch.3-sec-ssec.2) The following classification levels under the health employment directive called ‘Health Employment Directive No. 6/20 (Medical Officers with Private Practice (MOPP) and Medical Superintendents with Private Practice (MSPP) classification levels)’— rural generalist medical officer with private practice senior rural generalist medical officer with private practice rural generalist medical superintendent with private practice senior rural generalist medical superintendent with private practice.
- • L13 but only if the position has a pay point of C1-1 under the award
- • L14 to L29
- • MOPP 1-1
- • MOPP 1-2
- • MOPP 1-3
- • MSPP 1-1
- • MSPP 1-2
- • MSPP 1-3
- • MSPP 1-4
- • MSPP 2-1
- • MSPP 2-2.
- • rural generalist medical officer with private practice
- • senior rural generalist medical officer with private practice
- • rural generalist medical superintendent with private practice
- • senior rural generalist medical superintendent with private practice.
sch.3-pt.2
Other positions
sch.4-pt.1
Authorised purposes— Act , section 85
Authorised purposes— Act , section 85
sch.4-sec.1
Administrative unit of the department responsible for coordinating improvements in the safety and quality of health services
sch.4-sec.1 Administrative unit of the department responsible for coordinating improvements in the safety and quality of health services
improving the effectiveness and outcomes of quality assurance activities undertaken in Services and the department
facilitating State-wide learning from quality assurance activities, including by issuing State-wide patient safety alerts, advisory documents and other information to support patient safety initiatives
developing, monitoring and evaluating patient safety initiatives and programs
undertaking research on the operation and effectiveness of quality assurance committees
- • improving the effectiveness and outcomes of quality assurance activities undertaken in Services and the department
- • facilitating State-wide learning from quality assurance activities, including by issuing State-wide patient safety alerts, advisory documents and other information to support patient safety initiatives
- • developing, monitoring and evaluating patient safety initiatives and programs
- • undertaking research on the operation and effectiveness of quality assurance committees
sch.4-sec.2
Administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas
sch.4-sec.2 Administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas
contributing to the development, review and improvement of policies and standards relating to quality assurance activities in rural Services
monitoring and reporting on the implementation of recommendations contained in quality assurance committee reports or other documents in rural Services
developing and implementing patient safety initiatives in rural Services
- • contributing to the development, review and improvement of policies and standards relating to quality assurance activities in rural Services
- • monitoring and reporting on the implementation of recommendations contained in quality assurance committee reports or other documents in rural Services
- • developing and implementing patient safety initiatives in rural Services
sch.4-sec.3
Executive committee established by the chief executive to oversee improvements in the safety and quality of health services
sch.4-sec.3 Executive committee established by the chief executive to oversee improvements in the safety and quality of health services
reviewing patient safety and quality performance in Services and the department
monitoring, evaluating and promoting improvement in patient safety and quality performance in Services and the department
- • reviewing patient safety and quality performance in Services and the department
- • monitoring, evaluating and promoting improvement in patient safety and quality performance in Services and the department
sch.4-sec.4
Safety and quality committees
sch.4-sec.4 Safety and quality committees
contributing to the development, review and improvement of policies and standards of the committee’s board relating to quality assurance activities in the Service of the board that established the committee
monitoring and reporting to the committee’s board on the implementation of recommendations contained in quality assurance committee reports or other documents in the Service
developing and implementing patient safety initiatives of the committee’s board in the Service
- • contributing to the development, review and improvement of policies and standards of the committee’s board relating to quality assurance activities in the Service of the board that established the committee
- • monitoring and reporting to the committee’s board on the implementation of recommendations contained in quality assurance committee reports or other documents in the Service
- • developing and implementing patient safety initiatives of the committee’s board in the Service
sch.4-pt.2
Authorised purposes— Act , section 112
Authorised purposes— Act , section 112
sch.4-sec.5
Administrative unit of the department responsible for coordinating improvements in the safety and quality of health services
sch.4-sec.5 Administrative unit of the department responsible for coordinating improvements in the safety and quality of health services
improving the effectiveness and outcomes of root cause analyses undertaken in Services and the department
facilitating State-wide learning from root cause analyses, including by issuing State-wide patient safety alerts, advisory documents and other information to support patient safety initiatives
developing, monitoring and evaluating patient safety initiatives and programs
undertaking research on the operation and effectiveness of root cause analyses
- • improving the effectiveness and outcomes of root cause analyses undertaken in Services and the department
- • facilitating State-wide learning from root cause analyses, including by issuing State-wide patient safety alerts, advisory documents and other information to support patient safety initiatives
- • developing, monitoring and evaluating patient safety initiatives and programs
- • undertaking research on the operation and effectiveness of root cause analyses
sch.4-sec.6
Administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas
sch.4-sec.6 Administrative unit of the department responsible for coordinating programs and activities for health service delivery in rural and remote areas
contributing to the development, review and improvement of policies and standards relating to root cause analyses in rural Services
monitoring and reporting on the implementation of recommendations contained in RCA reports or chain of events documents relevant to rural Services
using information contained in RCA reports or chain of events documents to develop and implement patient safety initiatives in rural Services
- • contributing to the development, review and improvement of policies and standards relating to root cause analyses in rural Services
- • monitoring and reporting on the implementation of recommendations contained in RCA reports or chain of events documents relevant to rural Services
- • using information contained in RCA reports or chain of events documents to develop and implement patient safety initiatives in rural Services
More sections below