++ AUDAX : AT: FIDELIS + Queensland Health Quality and Complaints Commission Bill 2006 Queensland Health Quality and Complaints Commission Bill 2006 Contents Chapter 1 Preliminary 1 Shorttitle 2.0... eee 2 Commencement. ... 0.0... 500 cece eee eee 3 Main objects... 2.6.6... ete 4 Act binds all persons ............. 0.000.000 0000002 eee 5 Contravention of this Act does not create civil cause of action . . 6 Act does not affect other rights or remedies................. 7 Dictionary... 2.0.0.2 eee 8 Meaning of health service ...............00....000 2220 9 Meaning of provider.............00 0... c cece eee eee 10 Meaning of user... . 2.2... 06. Chapter 2 Establishment, independence, functions and powers of commission 11 Establishment of commission. ...............00 00.00 eee ee 12 Commission's independence .................0 eee eee eee 13 Commission's functions—health service complaints .......... 14 Commission's functions—quality of health services........... 15 Commission's functions—information ..............0....0. 16 Commission's other functions. ................. 0002. e eee 17 Cooperation with other entities........................00. 18 Commission's powers. ........00 0.000 eee eee eee 19 Commission's procedures informal ...................005- Chapter 3 Quality of health services 20 Duty of provider .......... 2.0... eee 21 Commission may ask provider for information............... 22 Commission may make standards ...............0....000 1415151516 1617181920Health Quality and Complaints Commission Bill 2006 23 Consideration of provider's compliance with s 20(1) .......... 24 Action by commission for contravention of s 20(1)............ 25 Show cause notice... 6.6... eee 26 Representations about show cause notice.................. 27 Ending show cause process without further action ........... 28 Finalising report under s 24(1)(b).............00....000008 29 Finalising report under s 24(1)(b) without giving show cause MOCICE ete 30 When Minister must table report ...............0-.00-0000- Chapter 4 Development of Code of Health Rights and Responsibilities 31 Code of Health Rights and Responsibilities................. 32 Consultation on code ..... 2.6... eee eee eee 33 Content of code .... 0... 6. eee eee 34 Principles relating to content of code. ................00005 Chapter 5 Health complaints Part 1 Interpretation 35 Types of health complaints.............0......0 00... eee 36 Meaning of health quality complaint....................... 37 Meaning of health service complaint ...................... Part 2 Making health complaints Division 1 Who may make health quality complaints 38 Who may complain... 1.2.0... 6... e cece eee eee 39 Health quality complaint about matter happening before commencement ......... 0... Division 2 Who may make health service complaints 40 Who may complain... 1.2.0... 6... e cece eee eee 41 Representative health service complaint................... 42 Health service complaint about matter happening before commencement ........ 0.0... 43 Substitution of complainant ...............0....000 0 eee 44 Health service complaints about persons who are no longer registered providers iw eee eee eee Division 3 Process for making health complaints 45 How to make a health complaint .................-..-0055 46 Oral complaints to be confirmed in writing.................. 47 Complainant to reveal identity ..................0....000. 48 Further information from complainant .................00-5 49 Commission may require oath or statutory declaration ........ Part 3 Part 4 Division 1Division 2555759Division 362 Division 464Division 5 Division 66971 Chapter 673 Health Quality and Complaints Commission Bill 2006 Dealing with health quality complaints How commission must deal with a health quality complaint. ... . Dealing with quality matter as health service complaint........ Dealing with health service complaints Early resolution of health service complaints Early resolution. ............ 0.00.00... 0 02sec eee ee eee Assessment of health service complaints Commission to immediately assess each health service complaint -— wee eee eee Notice of decision to assess health service complaint......... Submissions about health service complaint................ Power to require information. ....... Consultation with registration board. . Time limit on assessment... .. 02.0.6... ee eee eee eee Decision on assessment of health service complaint.......... Notice of assessment decision. .............0....00 ee eee Action on acceptance of health service complaints Action on acceptance of complaint about provider............ Matters about conciliation. ............. 00. c eee eee eee Decisions not to take action on health service complaints When commission must decide not to take action............ When commission may decide not to take action ............ Withdrawal of complaint............... 0.0.00. eee eee eee When commission must refer health service complaints to registration boards Referral to registration board in public interest............... Other matters Commission may deal with complaint as 2 or more complaints kee eee eee eee Registration board may delegate function unders 57 ......... Reports by certain entities ...............0.0.. 0.000.000. Use of health service complaint information for quality functions. General powers to gather information and facilitate resolution ofcomplaints ws ee Conciliation Conciliator's function exclusive............. 00.0 cece Commission officer not to conciliate and investigate same health service complaint................0.0 00.0000 02 cece eee 34 36373839 40 424546 75Chapter 7 Part 1Part 2Part 3Part 4Chapter 8100102 Health Quality and Complaints Commission Bill 2006 Conciliation function... 2.2.0.0... cee eee eee eee Public interest.......... 0.0.0.0... 2c eee eee Action by commission on becoming aware of public interestiSSUC kee eee Progress reports from conciliator................02-00000- Results report from conciliator................ 000 eee eee Enforceable agreement .............. 0.0 cee eee eee eee Action on report of unsuccessful conciliation................ Ending conciliation by commission. .................0.000. Conciliation privileged ............ 0... eee eee eee eee Confidentiality of conciliation ................... 00... a ee Professional mentor. ........... 0.0 e cee eee eee eee Administrative support staff ............... 0.00. e eee ee eee Investigations by commission Commission's investigations Commission's investigations. .................. 002. Referral of matter to other entity Referral to another entity .......... 0.0.00... cece eee ee eee Investigation by other entity .....................0....00. Commission's powers not affected by reference ............. Action on investigation Definitions for pt 3....... 0.00... eee eee Commission's report about investigation ................... To whom report may be given ...............0.0.0.00000. Conciliation after investigation Conciliation of investigated health service complaint.......... Inquiries by commission Commission may conduct an inquiry...................00. Commission must conduct inquiry if directed by Minister. ...... Constitution of commission for inquiry. .................05. Who is to preside at inquiry .................0....0.0000. Commission must be assisted by lawyer................0.. Procedure... 1... 6... eee ect tte Notice of inquiry .......... 0.0.0 e cee eee eee Inquiry to be held in public other than in special circumstances . Suppression of name of witness .................0000200. 48 5050515354 565759596060Health Quality and Complaints Commission Bill 2006 103 Protection of commission members, representatives and WitnesSeS weet 61 104 Record of proceedings to be kept ..................00000, 62 105 Commission's powers on inquiry ...............02...0008- 62 106 Notice to witness ..... 0.2.0... eee eee 62 107 Notice requiring information...............0.....000 ee eee 62 108 Inspection of records or other things ..................000. 63 109 Offences by witnesses .........0... 0.002 c cece eee eee eee 64 110 Contempt of commission .............00.. 000 eee eee eee 65 111 Change or absence of inquiry member .................... 65 112 Report by commission ........... 0000 c cece ee eee eee 65 113 Minister must table report. ........... 000.0 eee eee eee 65 Chapter 9 Monitoring, enforcement and investigations Part 1 Authorised persons' functions and powers generally 114 Functions of authorised person ..............00. 0. cece ee 66 115 Powers of authorised person ............... 00 eee eee ee 66 Part 2 Appointment of authorised persons 116 Appointment... 2.0.2... 2c eee ee 66 117 Appointment conditions and limit on powers ................ 67 118 Issue of identity card ... 0.0... 2. ee eee eee 67 119 Production or display of identity card.................0000. 67 120 When authorised person ceases to hold office .............. 68 121 Resignation ....... 00... ccc eee tee 68 122 Return of identity card ........... 0.0.02... cee eee eee ee 68 Part 3 Powers of authorised persons Division 1 Power to obtain information 123 Power to require information or attendance ................. 69 124 Offences... 0... 0. eee eee 69 125 Inspection of produced things ................2....00000. 70 Division 2 Entry of places 126 Power to enter placeS...... 2.0.2... cece eee eee eee 71 Division 3 Procedure for entry 127 Entry with consent ............0.. 0.000.002 ce eee eee eee 72 128 Application for warrant .... 2.2.0.0... cee eee 73 129 Issue Of warrant .. 0.2... eee ee 73 130 Application by electronic communication and duplicate warrant . 74 131 Defect in relation to a warrant................ 0002 - eee eee 76 Health Quality and Complaints Commission Bill 2006 132 Warrants—procedure before entry...............0....000 Division 4 Powers after entry 133 General powers after entering places ..................... 134 Exercise of general powers ...........0. 0.000 eee cece 135 Failure to help authorised person...............-.0-00000e Division 5 Power to seize evidence 136 Seizing evidence at a place that may be entered without consent or warrant....... 0.0... cece eee eee 137 Seizing evidence at a place that may only be entered with consent or warrant........ 0.0... eee eee 138 Receipt for seized things ................. 0.00 eee sees 139 Forfeiture of seized thing .............. 5.0.0 c eee eee eee 140 Dealing with forfeited things etc...................002.000. 141 Access to seized things ...............0.. 0.000.000 00 ee 142 Return of seized things............ 0.0... eee eee eee eee Division 6 Compensation 143 Notice of damage. ... 1.0.0.6... cee eee ee 144 Compensation ........... 0... eee eee Division 7 General enforcement matters 145 Obstructing authorised person................. 00 eee eee 146 Impersonation of authorised person..................00005 Chapter 10 Matters concerning the commission Part 1 Membership 147 Membership of commission .............--0000 eee eee ee 148 Commissioner ..... 0.0.0... cece eee eee eee 149 Assistant commissioners ............ 00000 eee eee eee 150 Ineligibility for appointment as commission member .......... 151 Term and conditions of appointment ...................00. 152 Vacancy in commission member's Office ................... 153 Removal or suspension of commission member ............. 154 Grant of leave to commission member...............0.2005 155 Filling vacancieS.... 6.2... cee eee eee Part 2 Commission business 156 Conduct of business... 1.2.0.0... 0.00. eee eee eee 157 Presiding at meetings.......... 0.0.00 cee eee eee eee eee 158 Times and places of meetings .................02....000- 159 Quorum for meetings ....... 0.000... cc eee Health Quality and Complaints Commission Bill 2006 160 Conduct of meetings .........0.... 0.0 e eee 161 Minutes... 0.2.6... cette 162 Disclosure of interest ......... 0.000... cece cece eee Part 3 Ministers powers to give directions 163 Minister may direct inquiry ............... 000 cee eee eee 164 Other directions by Minister ...................00...0000. Part 4 Other matters 165 Commission's relationship with the State................... 166 Delegation by the commission ...............0000 eee eens 167 Preservation of rights............. 0.00 e eee eee eee ee 168 Superannuation for commission member who was previously a public service officer ...... 0.0.00... eee 169 Committees ...... 0... eee eee 170 Nomination of persons for membership of district health COUNCIIS tees 171 Application of various public sector Acts .............-..--- 172 Annual report ..........0 000.020 173 Special report...... 0.0... eee Chapter 11 Office of the Health Quality and Complaints Commission Part 1 Establishment 174 Establishment of office... 0.0.2.0... eee eee eee Part 2 Office's function and powers 175 Function and powers .........- 0.0 cece cee eee eee 176 Status... eee Part 3 Chief executive officer 177 Appointment of chief executive officer ...............-..... 178 Conditions of appointment .................... 00 e eee 179 Function of chief executive........ 0.0.0.2 ee eee eee 180 Chief executive must act independently etc. ................ 181 Delegation by chief executive..............0..... 00 eee 182 Resignation ... 0.0.0... ccc eee 183 Ending of appointment.............00 20.00. eee eee eee eee 184 Acting chief executive...... 0.0.0... eee ee 185 Preservation of rights............. 0.00 cece eee eee 186 Superannuation for chief executive who was previously a public service officer.... 0.2... 00... eee cee eee Part 4 Other staff of the office 187 Other commission staff............ 0.0000 cece eee eee eee Health Quality and Complaints Commission Bill 2006 Chapter 12 Registration boards 188 Information from registration board ..................00005 189 Registration board may ask commission for information ...... . 190 Commission may intervene in disciplinary proceedings. ....... Chapter 13 Offences and proceedings 191 False or misleading statements .................00-.0000- 192 False or misleading records ...........-.0 000 ee cee eee eee 193 Reprisal and grounds for reprisals.............0....000005 194 Offence for taking reprisal .............00..... 0002. eae 195 Damages entitlement for reprisal..................000000. 196 Summary offences... 2.0.0.6... eee 197 Limitation on time for starting proceedings for summary Offence eee eee 198 Proceedings for indictable offences ..................00005 199 Limitation on who may summarily hear indictable offence...... 200 Allegations of false or misleading information or records....... 201 Appointments and authority ............ 0.0... eee eee eee 202 Signatures 2.0.0... eee 203 Other evidentiary aids .........0..... 000.2 c cece eee eae Chapter 14 Other matters 204 Verifying information. ...........00 0.00. cee eee eee 205 Response to adverse comments in commission report........ 206 Dispensing with notice or opportunity to make submissions ... . 207 Commission may give combined notice.................... 208 Failure by commission to give notice or make assessment ..... 209 Form of consultation between commission and registration Board tees 210 Commission may provide information ..................... 211 Investigation etc. despite proceedings..................... 212 Giving of information protected ..................0022000. 213 Reports privileged ..... 0.0.0... cece eee 214 Preservation of confidentiality ....................-.00000. 215 Protecting officials from liability .....................0000. 216 Review by committee of the Legislative Assembly............ 217 Regulations ......... 0.0.0.0... cee eee 101102103104 104105106107108109109111113 Chapter 15 Part 1Part 2220222224226228230Chapter 16233235237 239 Chapter 17 Schedule 1 Schedule 2 Health Quality and Complaints Commission Bill 2006 Repeal and transitional provisions Repeal Repeal of Health Rights Commission Act 1991.............. Transitional provisions Definitions for pt 2........ 0.0... ccc eee References to repealed Act or former commission ........... Assets and liabilities etc. ... 0.0... 6 eee eee Officers of former commission ...........2....0 000 eee aes Former commission's records .........-.00 00 0c cee ee eee ProceedingS......... 0.0.0.0. eee eee Health service complaints ...................0 000000000. Direction of Minister given under repealed Act............... Offences... 0... eee Things seized... 2... eee eee Former commission's annual report for 2005-2006 ............ Amendment of regulation by Act ..............0 0000 ee Transitional regulation-making power...................... Amendment of Health Services Act 1991 Act amended inch 16.......... 0.0. c eee eee eee eee Amendment of s 2 (Definitions) ...................--0000. Amendment of s 10 (Appointment of members).............. Amendment of s 17 (Times and places of meetings).......... Amendment of s 22 (Managers for districts) ................ Insertion of new S 238A... 2... eee 23A Tabling of council reports. ..............0...00. Amendment of s 24 (Appointment of health service employees) . Insertion of news 62LA .... 1. ee eee 62LA Disclosure to Health Quality and Complaints Commission ws ee eee eee Insertion of new pt 9, div6............ 0.00. c eee eee eee Division 6 Transitional provisions for Health Quality and Complaints Commission Act 2006 83 Existing members of district health councils. ....... Amendment of other legislation Amendment of legislation............. 00.00. cee eee eee ee Health services .............. 0.00. c cece eee eee Registration boards .............. 0.00. cece eee eee 114115115117117118119119120120121 123 Schedule 3 Health Quality and Complaints Commission Bill 2006 Consequential amendments .......................00. Births, Deaths and Marriages Registration Act 2003.......... Chiropractors Registration Act 2001 ...................00. Commission for Children and Young People and Child Guardian Act 2000. .... 0.02.2... cee eee Coroners Act 2003... 1.0.2... eee eee Criminal Code... 0.0... eee Dental Practitioners Registration Act 2001.................. Dental Technicians and Dental Prosthetists Registration Act2001 cece eee Disability Services Act 2006...............0. 0.0000 e ee eee Evidence Regulation 1993............. 2.0. c eee eee eee Freedom of Information Act 1992..............0.....00 00s Health Practitioners (Professional Standards) Act 1999 ....... Health Practitioners (Special Events Exemption) Act 1998 ..... Industrial Relations Act 1999 ............. 0. ee eee eee Medical Practitioners Registration Act 2001................. Medical Radiation Technologists Registration Act 2001........ Mental Health Act 2000 ......... 2... eee eee eee Nursing Act 1992 .. 1.2... 6. ects Occupational Therapists Registration Act 2001.............. Ombudsman Act 2001 ...... 2... eee eee Optometrists Registration Act 2001..............2.....00. Osteopaths Registration Act 2001...............0.....00. Parliament of Queensland Act 2001..................00005 Personal Injuries Proceedings Act 2002.................... Personal Injuries Proceedings Regulation 2002.............. Pharmacists Registration Act 2001 ................-.0000- Physiotherapists Registration Act 2001 .................... Podiatrists Registration Act 2001...............-..0-0000- Prostitution Act 1999 ...... 2... cee eee Psychologists Registration Act 2001 ..................0-5. Public Health Act 2005............ 0.00... c eee eee eee Public Health (Infection Control for Personal Appearance Services) Act 2003. .......... 0.00 cece e eee eee Public Service Act 1996 ........... 0.00... c cee eee ee Public Service Regulation 1997...............0....00000. Residential Services (Accreditation) Act 2002............... 126127128 129130138139139143144145147147148149 149150 Health Quality and Complaints Commission Bill 2006 Speech Pathologists Registration Act 2001................. 150 Statutory Bodies Financial Arrangements Regulation 1997... .. 151 Schedule 4 Other amendments ..................00 000s cee eee eee 152 Dental Technicians and Dental Prosthetists Registration Act 2001 eee eee 152 Health Act 1937.0... 0... eee 152 Health Practitioners (Professional Standards) Act 1999 ....... 153 Health Services Act 1991..........0.... 000 e cece eee ee 153 Hospitals Foundations Act 1982................ 0c eee eee 154 Nursing Act 1992 .. 1.2... 6. ects 156 Pest Management Act 2001............- 20 cee eee eee eee 157 Public Health Act 2005............ 0.00... c cee eee eee eee 157 Public Health (Infection Control for Personal Appearance Services) Act 2003. .......... 0.00 cece e eee eee 159 Research Involving Human Embryos and Prohibition of Human Cloning Act 2003 ..........0. 0... c eee eee eee 160 Tobacco and Other Smoking Products Act 1998 ............. 160 Transplantation and Anatomy Act 1979 ..............-..05. 160 Schedule 5 Dictionary .......... 0... 162 A Bill for An Act to establish the Health Quality and Complaints Commission, to improve the quality of health services and to provide for the monitoring of the quality of health services and the management of health complaints, and for other purposes sl 14 s3 Health Quality and Complaints Commission Bill 2006 The Parliament of Queensland enacts— Chapter 1 Preliminary 1 Short title This Act may be cited as the Health Quality and Complaints Commission Act 2006. 2 Commencement (1) This Act, other than section 240, commences on 1| July 2006. (2) Section 240 commences on a day to be fixed by proclamation. 3 Main objects (1) The main objects of this Act are to provide for— (2) (a) (b) oversight and review of, and improvement in, the quality of health services; and independent review and management of health complaints. The objects are to be achieved mainly by establishing the Health Quality and Complaints Commission and conferring on the commission functions and powers, including functions and powers relating to— (a) (b) (c) (d) (e) monitoring, reviewing and reporting on the quality of health services; and recommending action to improve the quality of health services; and receiving and managing complaints about health services; and helping users and providers to resolve health service complaints; and preserving and promoting health rights. ns \o NY SCO OND PW NF CO NW Noe NN BW NN nun N ~ s4 15 s8 Health Quality and Complaints Commission Bill 2006 4 Act binds all persons (1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act. 5 Coniravention of this Act does not create civil cause of action Subject to section 195,! no provision of this Act creates a civil cause of action based on a contravention of the provision. 6 Act does not affect other rights or remedies (1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (2) Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. (3) This section does not limit section 212, 213 or 215.2 7 Dictionary The dictionary in schedule 5 defines particular words used in this Act. 8 Meaning of health service Health service means— (a) a service provided to an individual for, or purportedly for, the benefit of human health— 1 Section 195 (Damages entitlement for reprisal) 2 Section 212 (Giving of information protected), 213 (Reports privileged) or 215 (Protecting officials from liability) NAYADUN BPWN \o ~ OMINID NHPW WV NX So 23 25 27 s9 16 $12 Health Quality and Complaints Commission Bill 2006 (i) including a service stated in schedule 1, part 1; and (ii) excluding a service stated in schedule 1, part 2; or (b) an administrative process or service related to a health service under paragraph (a). 9 Meaning of provider Provider means a person who provides a health service or a registered provider. 10 Meaning of user (1) User means an individual who uses or receives a health service. (2) An individual is not a user merely because the individual arranges a health service for another individual. Chapter 2 Establishment, independence, functions and powers of commission 11 Establishment of commission (1) The Health Quality and Complaints Commission is established. (2) The commission— (a) is a body corporate; and (b) _ has perpetual succession and a common seal; and (c) may sue and be sued in its corporate name. 12 Commission's independence In performing its functions the commission must act independently, impartially and in the public interest. BW N NYDN UN 12 Oo OND 2125 s13 17 s14 Health Quality and Complaints Commission Bill 2006 Commission's functions—health service complaints The commission has the following functions in relation to receiving, assessing and managing health service encouraging and helping users and providers to resolve health service complaints; helping providers to develop procedures to effectively resolve health service complaints; conciliating or investigating health service complaints. Commission's functions—quality of health services The commission has the following functions in relation to monitoring and reporting on providers' compliance with making standards relating to the quality of health assessing the quality of health services and processes associated with health services; responding to health quality complaints, including by conducting investigations and inquiries; promoting continuous quality improvement in health promoting the effective coordination of reviews of health services carried out by public or other bodies; recommending ways of improving health services; identifying and reviewing issues arising from health receiving, analysing and disseminating information about the quality of health services. health service complaints— (a) complaints; (b) (c) (d)health services— (a) section 20(1);3 (b) services; (c) (d) (e) services; (f) (g) (h) complaints; (i) 3 Section 20 (Duty of provider) COM AD NH WN COA AD NH WH Nw ro NN WN Nw ns N fon NN on wh ow s15 18 s17 Health Quality and Complaints Commission Bill 2006 15 Commission's functions—information The commission has the following functions in relation to the provision of information— (a) providing information, education and advice to users, providers, the public and others relating to— (i) health rights and responsibilities; and (ii) procedures for resolving health service complaints; (b) providing information, advice and reports about health complaints to registration boards; (c) providing information to the public about the quality of health services, the commission standards and the commission's functions and powers. 16 Commission's other functions The commission's functions also include the following— (a) suggesting ways of improving health services and of preserving and promoting health rights; (b) investigating or inquiring into matters under this Act; (c) advising and reporting to the Minister on matters relating to health services or the administration of this Act; (d) advertising for and nominating to the Minister persons the commission considers suitable for appointment as members of district health councils; (e) conducting research relating to its functions; (f) performing other functions conferred on _ the commission under an Act. 17 Cooperation with other entities To help the commission in performing its functions it must— (a) keep effective links with— (i) providers generally; and om AD NP WN NRO NX COM NAN AN FW 2226 2830 s18 19 s18 Health Quality and Complaints Commission Bill 2006 (ii) organisations that have a demonstrated interest in the provision of health services; and (b) consult and cooperate with any public authority that has a function that is relevant to, or may impact on, a function of the commission, including for example— (i) the Anti-Discrimination Commission; and (ii) the Commission for Children and Young People and Child Guardian; and (iii) the Crime and Misconduct Commission; and (iv) the Human Rights and Equal Opportunity Commission of the Commonwealth; and (v) the Information Commissioner; and (vi) the ombudsman; and (vii) the Privacy Commissioner of the Commonwealth; and (viii) a registration board; and (ix) the State Coroner. 18 Commission's powers d) (2) The commission has all the powers of an individual and may, for example, do any of the following— (a) enter into contracts and other arrangements; (b) acquire, hold, dispose of, and deal with, property; (c) appoint agents and attorneys; (d) engage consultants; (e) fix charges and other terms for services and other facilities it supplies; (f) do anything else necessary or convenient to be done in performing its functions. The commission also has the other powers given to it under an Act. © AND NSW NK ND UB WN FO 212326 28 30 s19 20 s21 Health Quality and Complaints Commission Bill 2006 19 Commission's procedures informal (1) In performing its functions or exercising its powers, the commission must— (a) observe natural justice; and (b) act as quickly, and with as little formality and technicality, as practicable. (2) Subsection (1) is subject to the express provisions of this Act. Example— Under section 206 the commission is empowered to dispense with a duty to give notice or to give an entity an opportunity to make submissions in circumstances mentioned in the section. Chapter 3 Quality of health services 20 Duty of provider (1) A provider must establish, maintain and implement reasonable processes to improve the quality of health services provided by or for the provider, including processes— (a) to monitor the quality of the health services; and (b) _ to protect the health and well being of users of the health services. (2) If acommission standard applying to a provider states a way for complying with subsection (1), the provider complies with the subsection if the provider complies with the standard. (3) Subsection (2) does not limit the way the provider may comply with subsection (1). 21 Commission may ask provider for information (1) The commission may ask a provider for reports, records or other information relating to the quality of health services provided by or for the provider. Reo ON AWN fF WN FS a) Om A ANH W 22 24 27 s 22 (2) 21 s 23 Health Quality and Complaints Commission Bill 2006 This section does not limit the use of coercive powers under chapter 9, part 3 to obtain information from a provider relating to the quality of health services provided by or for the provider. Commission may make standards The commission may make standards about the processes a provider may adopt to comply with section 20(1). Without limiting subsection (1), a standard may relate to any aspect of the quality of health services, including matters (a) safety, clinical and cost effectiveness, patient focus, access and responsiveness, public health, facilities and (b) _ the review of deaths in hospitals. The commission must maintain a website setting out in an easily understandable way— (a) each standard made by it and any document applied, adopted or incorporated by the standard; and (b) each standard revoked by it; and (c) the effective date of each standard mentioned in paragraph (a) or (b); and (d) consolidations of amended standards with histories of The commission must have a process for reviewing each Before the commission makes or amends a standard it must consult with the persons it considers are likely to be affected by the standard and others it considers appropriate. Consideration of provider's compliance with s 20(1) For deciding whether a provider is complying with section 20(1),4 the commission may have regard to— d) (2) relating to— governance; and (3) the amendments. (4) standard. (5)() 4 Section 20 (Duty of provider) BRWNFR Com ANID MN ON AUN F&F WNrF CO \o Nw ro NN WN Nw ns NNW ona 31 s24 22 s24 Health Quality and Complaints Commission Bill 2006 (a) (b) a commission standard; or whether the provider has been accredited for a relevant purpose by an entity the commission considers is competent to give the accreditation. (2) Subsection (1) does not limit the matters the commission may have regard to. 24 Action by commission for contravention of s 20(1) (1) If the commission believes a provider has contravened section 20(1) it may do any of the following— (2) (a) (b) (c) advise the provider of the contravention and recommend ways for the provider to comply with the subsection; prepare a report about the contravention for the purpose of giving it to an entity mentioned in subsection (2); if the commission considers the contravention should be investigated or otherwise dealt with by an entity that has a function or power under another Act or a Commonwealth Act to investigate or otherwise deal with the contravention or a matter related to the contravention—refer it to the entity. The commission may give a report prepared under subsection (1)(b) to all or any of the following— (a) (b) (c) (d) (f) (g) (h) (i) the provider; an employer of the provider; an entity on whose behalf the provider is providing health services; a registration board; a professional association or other entity of which the provider is, or is eligible to be, a member; the Minister; the chief health officer; the State Coroner; an entity that has a function or power to take action on matters raised in the report. Dn PWN on CMAADUNHP WN KO NW reo NN Ww N Nw ns N fom NN on WwW WwW NY -e Oo 0 WwW Wn s25 23 s27 Health Quality and Complaints Commission Bill 2006 25 Show cause notice d) (2) The commission must not finalise a report under section 24(1)(b) relating to a contravention of section 20(1) by a provider unless the commission first gives the provider a notice (a show cause notice) stating the following— (a) that the commission believes the provider has contravened, or is contravening, section 20(1); (b) an outline of the facts and circumstances forming the basis for the commission's belief; (c) that the commission is finalising a report about the contravention (the proposed action); (d) an invitation to the provider to show within a stated period (the show cause period) why the proposed action should not be taken. The show cause period must be a period ending at least 14 days after the show cause notice is given to the provider. 26 Representations about show cause notice d) (2) The provider may make written representations about the show cause notice to the commission in the show cause period. The commission must consider all written representations (the accepted representations) made under subsection (1). 27 Ending show cause process without further action If, after considering the accepted representations for the show cause notice, the commission no longer believes the provider contravened section 20(1), the commission— (a) must not take further action about the show cause notice; and (b) must, as soon as practicable, give notice to the provider that no further action is to be taken about the show cause notice. Com AD NPWN An BWN KO 22 2528 30 s 28 24 s 30 Health Quality and Complaints Commission Bill 2006 Finalising report under s 24(1)(b) (1) This section applies if, after considering the accepted representations for the show cause notice, the commission — (a) _ still believes the provider contravened section 20(1); and (b) _ believes the proposed action is warranted. (2) This section also applies if there are no accepted representations for the show cause notice. (3) The commission may finalise a report under section 24(1)(b) (4) Subject to section 205,° the report may contain information, comment, opinion and recommendations for action the commission considers appropriate. Finalising report under s 24(1)(b) without giving show Despite section 25, the commission may finalise a report under section 24(1)(b) about a contravention of section 20(1) by a provider without first giving the provider a show cause notice if the commission believes— (a) _ the provider poses a serious potential risk to the life, or the physical or psychological health, safety or welfare, of users of the provider's services or another person, including the provider; and (b) _ finalising the report and acting under section 24(2) may protect the users or person. When Minister must table report (1) This section applies if the Minister is given a report under section 24(2) and, when giving the report, the commission asks the Minister to table it in the Legislative Assembly. (2) The Minister must table the report in the Legislative Assembly within 14 days of receiving it. about the contravention.cause notice5 Section 205 (Response to adverse comments in commission report) COM AD NA FP WN NRO iS) CO OADM FW 22 24 2730 s31 25 s 33 Health Quality and Complaints Commission Bill 2006 Chapter 4 Development of Code of 1 Health Rights and 2 Responsibilities w 31 Code of Health Rights and Responsibilities (1) Within 2 years after the commencement of section 11,° the commission must develop a Code of Health Rights and Responsibilities (the code) for the consideration of the Minister. CO OANDN SF (2) The commission must report to the Minister on the progress of the development of the code no later than 1 year after that 0 commencement. 1 32 Consultation on code In developing the code, the commission must— (a) consult with the consumer advisory committee and the clinical advisory committee established under section 169(1)(a); and (b) invite submissions from and consult with interested individuals and other interested entities to ensure a wide range of views is available in the development of the code. SCOmMANI ANF WW iS) 33 Content of code 21 (1) In developing the code the commission must consider and 22 make recommendations to the Minister about its content and 23 application. 24 (2) In developing the content of the code, the commission— 25 (a) may have regard to all matters relevant to the provision 26 and use of health services; and 27 (b) must have regard to the principles mentioned in section 28 34, 29 6 Section 11 (Establishment of commission) s34 Chapter 5 26 s35 Health Quality and Complaints Commission Bill 2006 Principles relating to content of code The principles the commission must have regard to in developing the content of the code are the following— (a) (b) (c) (d) (e) (f) (g) Part 1 an individual is entitled to take part effectively in decisions about the individual's health; an individual is entitled to take an active role in the individual's health care; an individual is entitled to be provided with health services in a considerate way that takes into account the individual's background, needs and wishes; an individual who provides— (i) ahealth service; or (ii) care for another individual receiving a health service; is entitled to consideration and recognition for the contribution the individual makes to health care; the confidentiality of information about an individual's health should be preserved; an individual is entitled to reasonable access to records about the individual's health; an individual is entitled to reasonable access to procedures for the redress of grievances relating to the provision of health services. Health complaints Interpretation Types of health complaints There are 2 types of health complaints namely— COM NAD NH WN mArNI AN FW NY YF CO iS) ow NNN WNre 27 s 36 27 s37 Health Quality and Complaints Commission Bill 2006 health quality complaints; and health service complaints. 36 Meaning of health quality complaint (1) A health quality complaint is a complaint about any of the following— (a) the quality of a health service; (b) acontravention of section 20(1);7 (c) matters relating to the provision of more than 1| health service. (2) A health quality complaint may be about the provision of a health service to 1 or more users. 37 Meaning of health service complaint (1) A health service complaint is a complaint— (a) (b) (c) (d) (e) (f) (g) that a provider acted unreasonably by not providing a health service for a user; or that a provider acted unreasonably in the way of providing a health service for a user; or that a provider acted unreasonably in providing a health service for a user; or that a provider acted unreasonably by denying or restricting a user's access to records relating to the user in the provider's possession; or that a provider acted unreasonably in disclosing information relating to a user; or that a registered provider acted in a way that would provide a ground for disciplinary action against the provider under the Health Practitioners (Professional Standards) Act 1999 or the Nursing Act 1992; or that a public or private entity that provides a health service acted unreasonably by— 7 Section 20 (Duty of provider) N Com IAD WF W Com NID NAH WW 22 24 2628 30 s 38 28 s 38 Health Quality and Complaints Commission Bill 2006 (i) not properly investigating; or (ii) not taking proper action in relation to; a complaint made to the entity by a user about a provider's action of a kind mentioned in paragraphs (a) to (f). (2) In deciding whether a provider has acted unreasonably as mentioned in subsection (1)(a) to (e) or (g), the commission must consider— (a) the principles mentioned in section 34;8 and (b) any relevant commission standard; and (c) the generally accepted standards of health services expected of providers of that kind; and (d) anything else the commission considers relevant. Part 2 Making health complaints Division 1 Who may make health quality complaints 38 Who may complain Anyone may make a health quality complaint to the commission. Note— Division 3 states the process for making a health quality complaint. 8 Section 34 (Principles relating to content of code) COND NHPW NY 13 \o 21 s39 29 s41 Health Quality and Complaints Commission Bill 2006 39 Health quality complaint about matter happening before commencement A health quality complaint may be about a matter that happened before the commencement of section 11.° Division 2 Who may make health service complaints 40 Who may complain (1) A health service complaint may be made to the commission by— (a) the user; or (b) a person who, under section 41, may make a complaint on the user's behalf; or (c) the Minister; or (d) if the commission considers that the public interest requires that another person should be permitted to make a health service complaint—that person. (2) The Minister may make a health service complaint despite a previous health service complaint having been made in relation to the same matter by another person. Note— Division 3 states the process for making a health service complaint. 41 Representative health service complaint (1) A health service complaint may only be made to the commission by a person acting on behalf of the user if the commission is satisfied that it would be difficult or impossible for the user to make the complaint personally. Example— If the user is a child, the commission may be satisfied that it would be difficult for the child to make the complaint personally having regard to the child's age or ability to understand. 9 Section 11 (Establishment of commission) RW NR nn \o wo COAN DANK W NY CO NY Ww rr Oo 2426 29 s42 (2) (3) (4) 30 s42 Health Quality and Complaints Commission Bill 2006 The person making the health service complaint on behalf of the user must be— (a) a person that the commission is satisfied has been chosen by the user; or (b) if the commission is satisfied that it would be difficult or impossible for the user to choose anybody to make a complaint in the user's place—a person the commission is satisfied has a sufficient interest. However, any of the following may make a health service complaint on behalf of a user who has impaired capacity for a matter within the meaning of the Guardianship and Administration Act 2000— (a) an attorney for the user under an enduring power of attorney, or advance health directive, under the Powers of Attorney Act 1998; (b) a statutory health attorney under the Powers of Attorney Act 1998; (c) a guardian for the user under the Guardianship and Administration Act 2000; (d) the adult guardian under the Guardianship and Administration Act 2000. Also, a health service complaint may be made by a person on behalf of a user, after the user's death, if the commission is satisfied the person has a sufficient interest. Health service complaint about matter happening before commencement A health service complaint may be about a matter that happened before the commencement of section 11.!° Note— Section 63(3) states the circumstances in which the commission must decide not to take action on a health service complaint if the matter of complaint arose more than 1 year before the complaint was made to the commission. Section 11 (Establishment of commission) C0 ANDN FLW NE Com AD NSW NK OO Nw ro NNN BRWN 26 28 3133 s43 31 844 Health Quality and Complaints Commission Bill 2006 Substitution of complainant d) (2) A person may be substituted as the complainant for a health service complaint if— (a) the— (i) commission is satisfied it would be difficult or impossible for the original complainant to continue as complainant; or (ii) the original complainant dies; and (b) the commission is satisfied the person has a sufficient interest. Also, a person mentioned in section 41(3)(a) to (d) may be substituted as the complainant for a health service complaint if the original complainant has impaired capacity for a matter within the meaning of the Guardianship and Administration Act 2000. Health service complaints about persons who are no longer registered providers d) (2) (3) This section applies if— (a) the commission receives a health service complaint about a person who was a registered provider; and (b) the complaint relates to the conduct or practice of the person as a registered provider; and (c) _ the person is no longer a registered provider. The commission must deal with the complaint as if the complaint were a health service complaint about a registered provider. This Act applies, with any necessary changes, to the person about whom the complaint was made as if a reference to a registered provider included the person. Co Wm ANIDN FP WN ABRWNrF © ono 22 2528 s 45 32 s47 Health Quality and Complaints Commission Bill 2006 Division 3 Process for making health complaints 45 How to make a health complaint A person may make a health complaint to the commission— (a) orally, either in person or by any form of distance communication; or (b) in writing given to the commission. 46 Oral complaints to be confirmed in writing (1) If a person makes a health complaint orally, the commission must require the person to confirm the complaint in writing unless the commission is satisfied there is good reason not to. (2) The commission must fix a reasonable time within which the health complaint must be confirmed in writing and tell the person the time. 47 Complainant to reveal identity (1) A complainant must tell the commission— (a) the complainant's name and address; and (b) _ other information relating to the complainant's identity that the commission reasonably requires. (2) The commission may keep information provided by a complainant under subsection (1) confidential if— (a) there are special circumstances; and (b) the commission considers it is in the complainant's interests to do so. (3) Despite subsection (1), the commission may accept an anonymous health complaint in the public interest. \o ow NAN Bf W BRWN FO eomArninn 22 24 26 s 48 33 s50 Health Quality and Complaints Commission Bill 2006 48 Further information from complainant The commission may ask a complainant to provide more information about the health complaint within a reasonable time fixed by the commission. 49 Commission may require oath or statutory declaration The commission may at any time require a health complaint or information provided by a complainant to be verified by the complainant by oath or statutory declaration. Part 3 Dealing with health quality complaints 50 How commission must deal with a health quality complaint (1) The commission must deal with a health quality complaint in a way that is consistent with protecting the public and improving the quality of health services. (2) In dealing with a health quality complaint, the commission may do any or all of the following— (a) (b) (c) (d) (e) seek information from a provider, user, the complainant or anyone else; if the complaint is about a registered provider and the commission considers the provider may have acted in a way that would provide a ground for disciplinary action against the provider under the Health Practitioners (Professional Standards) Act 1999 or the Nursing Act 1992—+efer it to the provider's registration board; refer the complaint to another entity that the commission considers is able to investigate or take other appropriate action about the complaint; investigate the complaint under chapter 7; inquire into the complaint under chapter 8. BRWN COarID WN CAD ABW NR \o NWNNNNWW aABRWNF SO NNW ana Bw NY Co Oo s51 (3) 34 s 52 Health Quality and Complaints Commission Bill 2006 However, the commission may decide not to take action about a health quality complaint if it considers no action is warranted. 51 Dealing with quality matter as health service complaint d) (2) (3) Part 4 This section applies if the commission considers a matter raised by a health quality complaint, or raised in the course of the commission dealing with the complaint, could be dealt with as a health service complaint. The commission may decide to deal with the matter as a health service complaint. If the commission decides to deal with the matter as a health service complaint, the matter is taken to be a health service complaint made to the commission by the complainant under part 2, division 2 and the provisions of this Act applying to health service complaints apply. Dealing with health service complaints Division 1 Early resolution of health service complaints 52 Early resolution d) (2) This section applies if the commission considers there is a reasonable likelihood that it may be able to facilitate the early resolution of a health service complaint and the complainant agrees to the commission acting under this section. The commission may, instead of immediately assessing the health service complaint under section 53, take the action it considers reasonable to facilitate the resolution of the complaint. WNrR OADM fF \o 121417 19 2224 2628 s53 35 s53 Health Quality and Complaints Commission Bill 2006 Example of action the commission may take— The commission may arrange mediation between the complainant and the provider concerned. (3) This section is subject to section 66.!! Division 2 Assessment of health service complaints 53 Commission to immediately assess each health service complaint (1) The commission must immediately assess a health service complaint. (2) (3) However, the commission must not start the assessment until— (a) (b) (c) (d) the commission is satisfied the complainant is eligible to make the health service complaint; and if the complaint is made orally—the complainant confirms the complaint in writing or the commission is satisfied there is good reason that the complaint need not be confirmed in writing; and the complainant gives the commission the information required under section 47(1)!2 or the commission decides to accept the complaint under section 47(3); and if the commission asks for further information about the complaint under section 48 or requires the complaint or further information to be verified by oath or statutory declaration under section 49'%—the complainant complies with the request or requirement. If the commission attempts to resolve a health service complaint under section 52, it— 11 Section 66 (Referral to registration board in public interest) 12. Section 47 (Complainant to reveal identity) 13. Sections 48 (Further information from complainant) and 49 (Commission may require oath or statutory declaration) nn BR WN Fe on NX \o SCO OADM FW NF CO N — NNNNNW DAnbBwWN NN on s54 36 s55 Health Quality and Complaints Commission Bill 2006 (a) is not required to start the assessment of the complaint until the earlier of the following happens— (i) it is satisfied the complaint is not able to be resolved under section 52; or (ii) the complaint remains unresolved 30 days after its receipt by the commission; and (b) if the complaint is resolved under that section, must not assess the complaint. Also, subsection (1) is subject to section 66.'4 Notice of decision to assess health service complaint As soon as practicable and within 14 days after starting the assessment of a health service complaint, the commission must give notice that the complaint is being assessed to— (b) _ the provider to whom the complaint relates; and (c) if the provider is a registered provider—the registered provider's registration board. The notice to the provider must state the nature of the health The notice to the registration board must be accompanied by a copy of the health service complaint. This section is subject to section 206.5 Submissions about health service complaint In assessing a health service complaint, the commission may by notice given to the complainant or provider invite submissions about the complaint. The notice must state the day, not less than 14 days after receipt of the notice, by which the submissions must be given Section 66 (Referral to registration board in public interest) (4)(1) (a) the complainant; and (2) service complaint. (3) (4)(1) (2) to the commission.15 Section 206 (Dispensing with notice or opportunity to make submissions) CoC AON DN FW NK COA ND MN FP WNKY CO NW re oO N N 2528 s 56 (3) 37 s57 Health Quality and Complaints Commission Bill 2006 If a submission is made within the time stated in the notice, the commission must consider the submission in assessing the health service complaint. Power to require information d) (2) (3) For assessing a health service complaint, the commission may, by notice given to a person, require the person to give stated information to the commission within a stated reasonable time and in a stated reasonable way. A person required to give information under subsection (1) must give the information as required by the notice, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. It is a reasonable excuse for an individual not to give information that giving the information might tend to incriminate the individual. Consultation with registration board d) (2) (3) If a health service complaint is about a registered provider, the commission must consult with the provider's registration board before making a decision under section 59(1) about the complaint. The registered provider's registration board must give the commission the board's comments, if any, about the health service complaint— (a) as soon as practicable and within 14 days of the commission consulting with the board; or (b) within a longer period agreed to by the commission. The commission must not make a decision under section 59(1) about the health service complaint until the first of the following happens— (a) the commission receives the registration board's comments about the complaint; (b) _ the registration board advises the commission that the board does not intend to give the commission comments about the complaint; WNrR C0 ONDN F OABwW NY FO iS) COMMON DN 2225 2831 33 s 58 38 s 58 Health Quality and Complaints Commission Bill 2006 (c) the period mentioned in subsection (2) for the registration board to provide comments has ended. (4) In making a decision about the action to be taken in relation to the health service complaint, the commission must consider any comments made by the registration board within the time mentioned in subsection (2). (5) If the registered provider's registration board advises the commission, within the time mentioned in subsection (2), that it considers the health service complaint warrants action by the board, the commission must not decide not to take action on the complaint. (1) The commission must assess a health service complaint (a) 60 days of starting the assessment; or (b) a further period decided by the commission under (2) However, if the commission is required to consult with a registration board about the health service complaint under section 57(1), the period within which it must assess the complaint is extended by a period equal to the period during which it must not make a decision about the complaint under (3) For subsection (1)(b), the commission may decide to extend the period for assessing a health service complaint, by a period of not more than 30 days, if it considers— (a) the complaint is too complex to allow the commission to assess the complaint within 60 days of starting the (b) the complaint can be satisfactorily resolved other than under chapter 6 or 7;!6 or (c) information the commission has requested from the user, provider or another person can not be reasonably 58 Time limit on assessment within— subsection (3). section 57(3). assessment; or Chapter 6 (Conciliation) or 7 (Investigations by commission) COMAN DANK W NE a) NX COMA AND UN FW WN 22252831 33 s59 39 s 60 Health Quality and Complaints Commission Bill 2006 provided within the time allowed under subsection (1)(a), but may be provided within the extended period. 59 Decision on assessment of health service complaint (1) On assessing a health service complaint, the commission must decide— (a) to accept the complaint for action; or (b) not to take action on the complaint under division 4.!" (2) Before deciding to accept a health service complaint for action, the commission must be satisfied— (a) that all reasonable steps have been taken by the complainant to resolve the complaint with the provider; or (b) that a reasonable opportunity has been given to the complainant to resolve the complaint with the provider; or (c) that it is not practicable or reasonable for steps mentioned in paragraph (a) to be taken or for the opportunity mentioned in paragraph (b) to be given. 60 Notice of assessment decision (1) Subject to section 206,'8 the commission must give notice of the commission's decision on assessing a health service complaint to the complainant and the provider as soon as practicable after making the decision. (2) If the decision is to take action on the health service complaint, the notice must state the action the commission has decided to take under section 61. (3) If the decision is not to take action on the health service complaint, the notice given to the complainant must state the reasons for the decision. 17 _ Division 4 (Decisions not to take action on health service complaints) 18 Section 206 (Dispensing with notice or opportunity to make submissions) NOR om IA WD NS WwW CAD MEW NRO 2123 2528 s61 40 s 62 Health Quality and Complaints Commission Bill 2006 Division 3 Action on acceptance of health service complaints Action on acceptance of complaint about provider d) (2) (3) (4) This section applies if the commission decides to accept a health service complaint about a provider for action. The commission may do any or all of the following— (a) conciliate the health service complaint under chapter 6; (b) investigate the health service complaint under chapter 7; (c) if the health service complaint is about a registered provider—refer the complaint to the registered provider's registration board; (d) refer the complaint to another entity that the commission considers is able to investigate or take other appropriate action about the complaint. Subject to subsection (4) and section 62, the commission must try to resolve the health service complaint by conciliation if the commission considers it can be resolved in that way. In deciding whether to conciliate the health service complaint, the commission must take into account the public interest. Matters about conciliation d) (2) If in relation to a registered provider the commission acts under section 61(2)(c), it must not act under section 61(2)(a) until the commission receives the registration board's completion notice for the health service complaint. Despite subsection (1), the commission may start the conciliation of the health service complaint before receiving the completion notice if— (a) the provider has agreed to conciliation for the sole purpose of arranging a financial settlement or other compensation with the user; and (b) the commission and the registration board agree that the conciliation will not compromise or interfere with the board's action in relation to the complaint. oO mMmrN WD Nn WW om IDM PWN KO 2224 262932 s 63 41 s 63 Health Quality and Complaints Commission Bill 2006 (3) If the commission refers the health service complaint to the registered provider's registration board under section 61(2)(c), it must, at the same time, tell the board if it intends to conciliate the complaint, or a complaint from which it was separated under section 67,!° after the board finishes dealing with it. Division 4 Decisions not to take action on health service complaints 63 When commission must decide not to take action (1) The commission must decide not to take action on a health service complaint if— (a) the commission considers that the complaint— (i) is frivolous, vexatious or trivial; or (ii) is misconceived or lacking in substance; or (iii) has been adequately dealt with by the commission or another public authority; or (b) the commission considers that the complainant has failed, without reasonable excuse, to satisfactorily cooperate with attempts made or arranged by the commission to resolve the complaint with the provider. (2) If an issue raised in a health service complaint has already been decided by an appropriate tribunal, the commission must decide not to take action on the complaint to the extent that it attempts to reopen the issue. (3) The commission must decide not to take action on a health service complaint if— (a) the matter of complaint arose more than 1 year before the complaint was made to the commission; and (b) the person who made the complaint was aware of the matter of complaint more than | year before making the complaint to the commission. 19 Section 67 (Commission may deal with complaint as 2 or more complaints) —~ DNnkWNe \o iS) SCOmMN AUN FF WN KO NNNN BRWNFR NN nn NN on WwWhN RPO") s 64 42 s 64 Health Quality and Complaints Commission Bill 2006 (4) However, subsection (3) does not apply to a health service complaint about a matter that the commission reasonably believes may warrant the suspension or cancellation of a registered provider's registration, enrolment or authorisation. (5) In this section— appropriate tribunal, in relation to an issue, means— (a) acourt; or (b) an industrial tribunal; or (c) adisciplinary body; or (d) another tribunal authorised to decide the issue. 64 When commission may decide not to take action The commission may decide not to take action on a health service complaint if— (a) the complainant fails to comply with a request by the commission— Qj) to confirm the complaint in writing; or (ii) to give the commission more _ information concerning the person's identity; or (iii) to give more information to the commission within the time fixed by the commission under section 48; or (iv) to verify the complaint or any information by oath or statutory declaration under section 49;?° or (b) the complaint has been resolved since it was made; or (c) the user has commenced a civil proceeding seeking redress for the matter of the complaint and a court— (i) has begun to hear the matter; or (ii) has, under the Uniform Civil Procedure Rules 1999, referred the matter, or directed the registrar of the court to give written notice to the parties that 20 Sections 48 (Further information from complainant) and 49 (Commission may require oath or statutory declaration) Co mWmrNI DN PWNR CNY HD NB WN Nw ro) NN WN N BG NN nun N ~ wWNN Cow ow s 65 43 s 66 Health Quality and Complaints Commission Bill 2006 the matter is to be referred by order, to an ADR process. 65 Withdrawal of complaint (1) This section applies if a complainant withdraws a health service complaint. (2) The commission may decide not to take any further action about the complaint. (3) However, the withdrawal does not prevent the commission from doing or continuing to do any of the following— (a) assessing the complaint; (b) _ referring the complaint to another entity; (c) investigating the complaint; (d) conducting an inquiry relating to the complaint. Division 5 When commission must refer health service complaints to registration boards 66 Referral to registration board in public interest (1) This section applies if the commission— (a) receives a health service complaint about a registered provider; and (b) considers, on receipt of the complaint or at any time after receipt, it may be in the public interest to refer the complaint to the registered provider's registration board immediately; and (c) consults the registration board about the referral. (2) If the commission considers it is in the public interest to immediately refer the health service complaint to the registered provider's registration board, it must do so. (3) When referring the health service complaint, the commission must tell the registration board if it intends to conciliate the Com NID NWF W N Ww NF Oo nn 2224 2730 s 67 44 s 67 Health Quality and Complaints Commission Bill 2006 complaint, or a complaint from which it was separated under section 67, after the board has finished dealing with it. (4) The commission must not start a conciliation of the health service complaint until the registration board gives the commission a completion notice for the complaint. (5) Subject to section 206,?' the commission must, as soon as practicable and within 14 days of referring the health service complaint to the registration board, give notice of the referral to the registered provider and complainant. Division 6 Other matters 67 Commission may deal with complaint as 2 or more complaints (1) This section applies if— (a) a health service complaint is about more than 1 provider; or Example— The health service complaint by a person is about the treatment received for the person's broken leg from the person's local medical practitioner and also a specialist medical practitioner at a public hospital. (b) a health service complaint contains more than 1 allegation about the same provider; or Example— The health service complaint by a person is that in the course of an examination a physiotherapist touched the person inappropriately and failed to diagnose the person's condition correctly. (c) a health service complaint is about more than 1| health service event involving the same provider; or Example— The health service complaint by a person is that a week after attending a dentist in March for a filling, the filling fell out and 3 21 Section 206 (Dispensing with notice or opportunity to make submissions) COCPOANAD NALW NK NX CSCOmMA ND NAH W NR NW Noe N w NNNN ADDN NW Nemec) ww Oo Ww NOR s 68 (2) (3) (4) 45 s 68 Health Quality and Complaints Commission Bill 2006 weeks after visiting the same dentist in July the same year for a check-up, urgent dental work was required to remove another tooth that was in a state of advanced decay and was not identified. (d) a health service complaint is a complaint that the commission otherwise reasonably believes should be dealt with as 2 or more complaints. The commission may decide to deal with the health service complaint as if it were 2 or more complaints, including, for example, by dealing with it as— (a) separate complaints about more than 1 provider; or (b) if the complaint contains more than 1 allegation about the same provider, a separate complaint for each allegation; or (c) separate complaints about more than 1 health service event. If the commission decides to deal with a health service complaint as if it were 2 or more separate complaints, the commission must deal with each separate complaint as if it had been made as a health service complaint under part 2, division 2. In this section— health service event means each occasion when a health service is provided. Registration board may delegate function under s 57 A registration board may delegate a function of the board (b) acommittee of the board; or (c) for a registration board other than the Queensland Nursing Council— (1) under section 5722 to— (a) aboard member; or Section 57 (Consultation with registration board) om ADDN FWNHK iS) COMI AN FWY fF CO NN oe NN BW 27 29 31 s 69 46 s70 Health Quality and Complaints Commission Bill 2006 (i) the executive officer of the Office of Health Practitioner Registration Boards appointed under the Health Practitioner Registration Boards (Administration) Act 1999; or (ii) with the executive officer's agreement—another member of the staff of the Office of Health Practitioner Registration Boards; or (d) for the Queensland Nursing Council—the executive officer appointed under the Nursing Act 1992. (2) In this section— function includes a power. 69 Reports by certain entities (1) This section applies if the commission refers a health service complaint to an entity of the State under section 61(2)(d).?3 (2) The entity— (a) may, on its own initiative or if asked by the commission, provide the commission with reports about the progress and results of the action taken by the entity about the complaint; and (b) must, as soon as practicable and within 28 days after ceasing to deal with the complaint, give the commission a written report of the results of the action taken by the entity about the complaint. 70 Use of health service complaint information for quality functions (1) This section applies to information obtained by the commission in relation to a health service complaint other than information gained during conciliation. (2) The commission may also use the information for performing its functions under section 14.24 23 Section 61 (Action on acceptance of complaint about provider) 24 Section 14 (Commission's functions—quality of health services) COM ADDN PWNK COAND NN PW NV 2225 2730 s71 47 s 73 Health Quality and Complaints Commission Bill 2006 71 General powers to gather information and facilitate resolution of complaints (1) The commission may, at any time, in relation to any health service complaint— (a) seek and obtain the information the commission considers appropriate; and (b) attempt, in whatever lawful way the commission considers appropriate, to resolve the complaint, including, for example, by asking any person the commission considers may assist in the resolution of the complaint to provide assistance. (2) Subsection (1)(b) is not limited by section 52.75 Chapter 6 Conciliation 72 Conciliator's function exclusive Only a conciliator may perform the function of conciliation under this chapter. Note— A conciliator is a commission officer to whom the function of conciliation has been delegated under section 166. 73 Commission officer not to conciliate and investigate same health service complaint A commission officer must not be involved in both the conciliation and investigation of the same health service complaint. 25 Section 52 (Early resolution) OMANI AUN HW NR ao ro — N wom nt ann 23 s74 48 s 76 Health Quality and Complaints Commission Bill 2006 Conciliation function d) (2) The conciliation of a health service complaint must be performed by 1 or more conciliators assigned by the commission. A conciliator's function is to encourage the settlement of the health service complaint by— (a) arranging negotiations between the provider and the complainant in question; and (b) assisting in the conduct of the negotiations; and (c) assisting the provider and the complainant to reach agreement; and (d) assisting in the resolution of the complaint in any other way. Public interest d) (2) (3) (4) (5) Before the conciliation of a health service complaint starts, the commission must identify and inform the conciliator of any issue raised by the complaint that the commission considers involves the public interest. At the start of the conciliation, the conciliator must draw those issues to the attention of the parties and explain to them the effect of subsections (3) to (5) and section 76(1). In the course of the conciliation, the conciliator must draw to the attention of the parties any other issues raised by the health service complaint that the conciliator considers involve the public interest. The conciliator must act under subsection (3) at times the conciliator considers appropriate. The conciliator must report to the commission any issue mentioned in subsection (3). Action by commission on becoming aware of public interest issue d) On receiving a report under section 75(5) relating to a health service complaint, or otherwise becoming aware of an issue C0 AN DN PWN WN Fo CADN SF 2325 27 29 31 33 s 76 (2) (3) (4) (5) (6) 49 s 76 Health Quality and Complaints Commission Bill 2006 involving the public interest relating to the complaint, the commission may do any or all of the following— (a) if the complaint is about a registered provider—refer it to the registered provider's registration board; (b) refer the complaint to another entity that the commission considers is able to investigate or take other appropriate action about the complaint; (c) investigate the complaint under chapter 7. The commission must not refer the health service complaint to a registration board or another entity without first consulting the board or other entity. If the commission refers the health service complaint to a registration board or other entity, the commission must, at the time of the referral, tell the board or entity if the commission intends to investigate the complaint or continue to conciliate the complaint after the board or entity has finished dealing with it. The commission must not continue the conciliation of the health service complaint until the registration board or other entity gives the commission a completion notice for the complaint. However, the commission may continue the conciliation of the health service complaint before receiving the completion notice if— (a) the provider has agreed to conciliation for the sole purpose of arranging a financial settlement or other compensation with the user; and (b) the commission and the registration board or other entity to which the complaint has been referred agree that the conciliation will not compromise or interfere with the board's or entity's actions in relation to the complaint. Subject to section 206,26 the commission must, as soon as practicable and within 14 days of referring the health service complaint to a registration board or other entity, give notice of the referral to the provider and complainant. Section 206 (Dispensing with notice or opportunity to make submissions) Co WANIDN FW NK NX SCOmM ANDNHPWNY KO N — NNN BRWN NNW ADM WWwWNN POO eC WWW WwW nABWN s77 50 s 80 Health Quality and Complaints Commission Bill 2006 Progress reports from conciliator d) (2) The commission may ask a conciliator for a written progress report about a conciliation during the conciliation. The conciliator must comply with the request. Results report from conciliator d) (2) (3) (4) (5) At the conclusion of the conciliation of a health service complaint, the conciliator must give a written report of the results of the conciliation to the commission. If agreement is reached, the report must include details of the agreement. If agreement is not reached, the report may— (a) recommend the action the commission should take under section 80(1); or (b) make no recommendation. The conciliator must give a copy of the report to the provider and the complainant. If practicable, the copies must be given to the provider and complainant on the same day as the report is given to the commission. Enforceable agreement d) (2) Parties reaching agreement in the conciliation of a health service complaint may enter into a contract in settlement of the complaint. The conciliator of the health service complaint must not be a party to, or attest to, the contract. Action on report of unsuccessful conciliation d) On receiving a report under section 78 that agreement was not reached in the conciliation of a health service complaint, the commission may— (a) take action on the complaint by doing any or all of the following— BR WN C0 OID WN COMI DANN FPF WN KF CO 2225 2831 s81 (2) (3) (4) 51 s81 Health Quality and Complaints Commission Bill 2006 G@) if the complaint is about a_ registered provider—refer it to the registered provider's registration board; (ii) refer the complaint to another entity that the commission considers is able to investigate or take other appropriate action about the complaint; (iii) investigate the complaint under chapter 7; or (b) decide under section 63 or 64?' not to take action on the complaint; or (c) further conciliate the complaint. The commission must not refer the health service complaint to a registration board or another entity without first consulting the registration board or other entity. If the commission refers the health service complaint to a registration board or other entity, the commission must, at the time of the referral, tell the board or entity if the commission intends to investigate the complaint after the board or entity has finished dealing with it. Subject to section 206,28 the commission must, as soon as practicable and within 14 days of referring the health service complaint to a registration board or other entity, give notice of the referral to the provider and complainant. 81 Ending conciliation by commission (1) The commission may end the conciliation of a health service complaint if the commission considers that the complaint can not be resolved in that way. (2) The commission must end the conciliation of a health service complaint if the Minister directs the commission under section 164(1)(c)?? to investigate the complaint or under Com A DNL WNeK iS) CO OADNAH WNKY CO NW Noe 2528 27 Section 63 (When commission must decide not to take action) or 64 (When commission may decide not to take action) 28 Section 206 (Dispensing with notice or opportunity to make submissions) 29 Section 164 (Other directions by Minister) s 82 (3) (4) (5) (6) 52 s 82 Health Quality and Complaints Commission Bill 2006 section 163%° to conduct an inquiry in relation to the complaint. If the commission ends the conciliation of a health service complaint, it may— (a) take action on the complaint by doing any or all of the following— G) if the complaint is about a_ registered provider—refer it to the registered provider's registration board; (ii) refer the complaint to another entity that the commission considers is able to investigate or take other appropriate action about the complaint; (iii) investigate the complaint under chapter 7; or (b) decide under section 63 or 64?! not to take action on the complaint. The commission must not refer the health service complaint to a registration board or another entity without first consulting the registration board or other entity. If the commission refers the health service complaint to a registration board or other entity, the commission must, at the same time, tell the board or entity if the commission intends to investigate the complaint after the board or entity has finished dealing with it. Subject to section 206,72 the commission must, as soon as practicable and within 14 days of referring the health service complaint to a registration board or other entity, give notice of the referral to the provider and complainant. Conciliation privileged d) This section applies to— 31 Section 163 (Minister may direct inquiry) Section 63 (When commission must decide not to take action) or 64 (When commission may decide not to take action) Section 206 (Dispensing with notice or opportunity to make submissions) CAN DN PW NE iS) SCO OND VHP W NFR OC NNW WNre NHOnNW AUDWNF 29 s83 (2) (3) (4) 53 s 83 Health Quality and Complaints Commission Bill 2006 (a) anything said or admitted during a conciliation (the information); or (b) adocument, or a copy of a document, prepared for, or in the course of, a conciliation. The information, document or copy— (a) is not admissible as evidence in a proceeding before a court, tribunal or disciplinary body; and (b) can not be used by the commission as a ground for an investigation or inquiry or as evidence in an investigation or inquiry. For example, anything said or admitted during a conciliation of a health service complaint can not be admitted in a proceeding to enforce a contract mentioned in section 79. Subsection (2) does not apply to— (a) _ the information, if the parties to the conciliation and all persons named in the information consent to its admission; or (b) the document or copy, if the person who prepared the document, and all persons named in the document, consent to its admission. 83 Confidentiality of conciliation d) (2) A conciliator must not disclose information gained during conciliation— (a) in any further conciliation; or (b) to the commission, a commission member, a commission officer or a person engaged by the commission; unless the disclosure is authorised under this chapter. Maximum penalty—40 penalty units. Subsection (1)(b) does not apply to the discussion by a conciliator of matters arising in relation to the performance of the conciliator's functions with a commission member or a commission officer. Com AD WN FW NK COM ANDN FSF WNF CO iS) 23 2629 3133 s 84 54 s 85 Health Quality and Complaints Commission Bill 2006 Professional mentor d) (2) (3) (4) The commission must ensure, to the extent practicable, that each conciliator is advised in the performance of the conciliator's functions by persons with knowledge or experience in the field of dispute resolution (a professional mentor). A conciliator may discuss all matters arising in relation to the performance of the conciliator's functions with the conciliator's professional mentor. A conciliator's professional mentor must not be involved in the investigation of the health service complaint the conciliator is conciliating. A conciliator's professional mentor must not disclose information gained by the conciliator during conciliation that the conciliator has communicated to the professional mentor. Maximum penalty for subsection (4)—40 penalty units. Administrative support staff d) (2) (3) The commission may make arrangements for a commission officer to give administrative support to a conciliator in the performance of the conciliator's functions. A conciliator may disclose information gained during conciliation to the commission officer. If a conciliator discloses information gained during conciliation to a commission officer, the officer must not disclose the information. Maximum penalty for subsection (3)—40 penalty units. COMPA DANBWN DN NBW NRK O 22 24 s 86 Chapter 7 55 s 86 Health Quality and Complaints Commission Bill 2006 Part 1 Investigations by commission Commission's investigations Commission's investigations The commission may investigate the following— (a) (b) (c) (d) (e) (f) (g) a health service complaint that the commission decides to investigate under section 61, 76, 80 or 81;33 a health quality complaint the commission decides to investigate; the quality of a health service; systemic issues relating to the quality of health services; the death of a person that is a reportable death under the Coroners Act 2003 if the commission considers the quality of a health service, or systemic issues relating to the quality of health services, are or may be relevant to the death; a health complaint or systemic issues for which the Minister has given a direction to the commission under section 164(1)(c) or (e);*4 the use of premises for the reception, care or treatment of— (i) aged persons; or (ii) persons with a mental or physical illness; or (iii) persons with a disability; or (iv) persons in receipt of pensions, allowances or benefits because of age, illness or disability. Section 61 (Action on acceptance of complaint about provider), 76 (Action by commission on becoming aware of public interest issue), 80 (Action on report of unsuccessful conciliation) or 81 (Ending conciliation by commission) Section 164 (Other directions by Minister) Com AND NW fF CAN DANHRWN KF CO NW reo RO NN WN NN nn s 87 Part 2 56 s 88 Health Quality and Complaints Commission Bill 2006 Note— The commission may carry on an investigation through an authorised person appointed under chapter 9. Referral of matter to other entity Referral to another entity d) (2) (3) This section applies if the commission considers that a matter raised in the course of an investigation under this chapter should be investigated or otherwise dealt with by another entity that has a function or power under an Act or a Commonwealth Act to investigate or take other appropriate action about the matter. The commission may refer the matter to the entity. However, the commission must not refer the matter to the entity without first consulting it. Investigation by other entity d) (2) (3) This section applies if the commission refers a matter under section 87 to an entity that has a function or power under an Act to investigate or take other appropriate action about the matter. The commission may ask the entity to provide the commission with reports of the progress and results of any investigation or other action taken by the entity about the matter. The entity may provide the commission with reports of the progress and results of any investigation or other action taken by the entity about the matter. nn onan a nk WNrO NX COMN DD 2224 26 s 89 57 s 92 Health Quality and Complaints Commission Bill 2006 89 Commission's powers not affected by reference The commission's powers to investigate a matter are not affected by the matter having been referred under section 87 to another entity. Part 3 Action on investigation 90 Definitions for pt 3 In this part— complainant means a complainant in relation to a health complaint that is the subject of an investigation. provider means a provider who is the subject of an investigation that a report concerns. 91 Commission's report about investigation (1) The commission may at any time prepare a report about an investigation conducted by the commission for the purpose of giving it to an entity mentioned in section 92. (2) If the commission intends to recommend in the report that a registration board or other entity take particular action about a matter dealt with in the report, it must consult the board or other entity about the recommendation before finalising the report. (3) Subject to section 205,35 the report may contain information, comment, opinion and recommendations for action the commission considers appropriate. 92 To whom report may be given The commission may give the report to any or all of the following— 35 Section 205 (Response to adverse comments in commission report) BRWN on nN Oo NY SOMINID NRW WV 2226 s 93 58 s 94 Health Quality and Complaints Commission Bill 2006 (g) (h) (i) Part 4 the complainant; the provider; an employer of the provider; an entity on whose behalf the provider is providing health services; a registration board; a professional association or other entity of which the provider is, or is eligible to be, a member; the Minister; the State Coroner, or another coroner investigating a death to which the report is relevant; an entity that has a function or power to take action on matters raised in the report. Conciliation after investigation 93 Conciliation of investigated health service complaint (1) This section applies if the commission considers that a health service complaint that has been investigated under this chapter should be conciliated. (2) The commissioner may conciliate the health service complaint under chapter 6. Chapter 8 Inquiries by commission 94 Commission may conduct an inquiry (1) The commission may conduct an inquiry relating to any of the following matters if it considers it is in the public interest to do so— CAI D nN WN \o ao ro ied WN CO OID WN 24 s95 (2) 59 s97 Health Quality and Complaints Commission Bill 2006 (a) ahealth complaint; (b) _ the quality of a health service; (c) systemic issues relating to the quality of health services; (d) another matter relevant to the commission's functions. For conducting the inquiry the commission may also inquire into matters arising directly or indirectly from the matter being inquired into. Commission must conduct inquiry if directed by Minister The commission must conduct an inquiry relating to a matter mentioned in section 94(1)(a) to (c) if directed to do so by the Minister under section 163.36 For conducting the inquiry the commission may also inquire into matters arising directly or indirectly from the matter Constitution of commission for inquiry For conducting an inquiry, the commission must be constituted by at least 3 commission members decided by the commission (each an inquiry member). The commission may appoint a commission member to act as an inquiry member, including as the presiding member— (a) during a vacancy in the inquiry member's office as a commission member; or (b) during any period, or during all periods, when the inquiry member is absent from duty or from the State or is, for another reason, unable to perform the duties of If the commissioner is an inquiry member, the commissioner is to preside at the inquiry (the presiding member). () (2) being inquired into. (1) (2) the office. 97 Who is to preside at inquiry (1) Section 163 (Minister may direct inquiry) \o © ADNAN FF WN BRWN FO Cara nN 22 2426 29 s 98 60 s101 Health Quality and Complaints Commission Bill 2006 (2) Otherwise, the inquiry member appointed by the commission for the purpose is to preside at an inquiry (also the presiding member). 98 Commission must be assisted by lawyer At an inquiry, the commission must be assisted by a lawyer of at least 5 years standing. 99 Procedure (1) When conducting an inquiry, the commission must— (a) observe natural justice; and (b) act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues. (2) Inconducting the inquiry, the commission— (a) is not bound by the rules of evidence; and (b) may inform itself in any way it considers appropriate, including by holding hearings; and (c) may decide the procedures to be followed for the inquiry. (3) However, the commission must comply with this chapter and any procedural rules prescribed under a regulation. 100 Notice of inquiry (1) The commission must give at least 14 days notice of the time and place of an inquiry to any person the commission reasonably believes should be given the opportunity to appear at the inquiry. (2) The commission may also give public notice of the inquiry in any way it wishes. 101 =' Inquiry to be held in public other than in special circumstances (1) An inquiry must be held in public. WNre nun SCO WON DUN FW NK CO iS) 2325 27 29 s 102 61 s 103 Health Quality and Complaints Commission Bill 2006 (2) However, the commission may, of its own initiative or on the application of a person appearing before or represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private. (3) The commission may give a direction under subsection (2) only if it is satisfied that it is appropriate to do so in the special circumstances of the case. (4) If the commission acts under subsection (2) it may give directions about the persons who may be present. 102 Suppression of name of witness The commission may, by order, suppress the name of a witness appearing at an inquiry if the commission considers it is necessary or desirable to do so. 103. Protection of commission members, representatives and witnesses For an inquiry— (a) an inquiry member has, in the performance of the member's functions, the same protection and immunity as a Supreme Court judge performing the functions of a judge; and (b) a lawyer assisting the commission, or a lawyer or other person appearing before the commission for someone else, has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court; and (c) aperson given a witness requirement notice to attend or appearing before the commission as a witness has the same protection as a witness in a proceeding in the Supreme Court; and (d) a person, for complying with a notice given to the person under section 107,>' has the same protection as a witness in a proceeding in the Supreme Court. 37 — Section 107 (Notice requiring information) Com ADM FPWNK WNrR Oo CSCOAN WD WF 2325 2729 31 s 104 62 s 107 Health Quality and Complaints Commission Bill 2006 104 Record of proceedings to be kept 1 The commission must keep a record of each inquiry's 2 proceedings. 3 105 Commission's powers on inquiry 4 (1) In conducting an inquiry, the commission may— 5 (a) act in the absence of a person who has been given 6 reasonable notice of the inquiry under section 1008 or 7 otherwise; and 8 (b) receive evidence on oath or by statutory declaration; and 9 (c) adjourn the inquiry; and 0 (d) disregard a defect, error, omission or insufficiency in a 1 record. 2 (2) An inquiry member may administer an oath or affirmation to a 3 person appearing as a witness before an inquiry. 4 106 Notice to witness 5 (1) The presiding member may, by notice given to a person (a 6 witness requirement notice), require the person to attend an 7 inquiry at a stated time and place to give evidence or produce 8 stated records or other things. 9 (2) A notice under subsection (1) may require the person to 20 produce records or other things of a stated class or 21 description. 22 (3) A person required to appear as a witness before the 23 commission is entitled to the witness fees prescribed undera 24 regulation or, if no witness fees are prescribed, the reasonable 25 witness fees decided by the commission. 26 107 Notice requiring information 27 (1) For the purpose of an inquiry the commissioner or the 28 presiding member may, by notice given to a person, require 29 38 Section 100 (Notice of inquiry) s 108 (2) (3) (4) (5) 63 s 108 Health Quality and Complaints Commission Bill 2006 the person to give to the commission stated information within a stated reasonable time and in a stated reasonable way. The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. It is not a reasonable excuse for subsection (2) that giving the information might tend to incriminate the person. The following is not admissible in any civil, criminal or administrative proceeding as evidence against an individual who gives information under subsection (2)— (a) the information given by the individual under the subsection and the fact of that giving (primary evidence); (b) any information obtained as a direct or indirect result of primary evidence (derived evidence). Subsection (4) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence. Inspection of records or other things d) (2) (3) If a record or other thing is produced to the commission at an inquiry, the commission may— (a) inspect the record or other thing; and (b) make copies of, photograph, film or take extracts from, the record or other thing if it is relevant to the inquiry. The commission may also take possession of the record or other thing, and keep it while it is necessary for the inquiry. While it keeps a record or other thing, the commission must permit a person otherwise entitled to possession of the record or other thing to inspect, make copies of, photograph, film or take extracts from, the record or other thing, at a reasonable place and time the commission decides. Com AD WN FW NK CAD NH WNrF CO 21 24 26 2830 s 109 64 s 109 Health Quality and Complaints Commission Bill 2006 Offences by witnesses d) (2) (3) (4) (5) A person given a witness requirement notice must not fail, without a reasonable excuse, to— (a) attend as required by the notice; and (b) continue to attend as required by the presiding member until excused from further attendance. Maximum penalty—100 penalty units. A person appearing as a witness at an inquiry must not fail— (a) _ to take an oath or make an affirmation when required by the presiding member; or (b) without reasonable excuse, to answer a question the person is required to answer by the presiding member; or (c) without reasonable excuse, to produce a record or other thing the person is required to produce under a witness requirement notice. Maximum penalty—100 penalty units. It is not a reasonable excuse for subsection (2)(b) or (c) that answering the question or producing the record or other thing might tend to incriminate the person. The following is not admissible in any civil, criminal or administrative proceeding as evidence against an individual who answers a question or produces a record or other thing at an inquiry in response to a requirement under this chapter— (a) _ the answer given, or the record or other thing produced, at the inquiry by the individual and the fact of that production (primary evidence); (b) any information, or record or other thing, obtained as a direct or indirect result of primary evidence (derived evidence). Subsection (4) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence. omrnNn AN fF WN iS) COMA ANH WNKY CO NNNNW BRWNF Now AUDAN WNW CoOew WW WW WNrR s 110 65 s 113 Health Quality and Complaints Commission Bill 2006 110 Contempt of commission In relation to an inquiry, a person must not— (a) insult the commission or an inquiry member; or (b) deliberately interrupt the inquiry; or (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the commission is conducting the inquiry; or (d) _ publish, in a public way, information that identifies, or is likely to identify, a person to whom a suppression order made under section 102 relates; or (e) do anything that would be contempt of court if the commission were a judge acting judicially. Maximum penalty—100 penalty units. 111. Change or absence of inquiry member The conduct of an inquiry is not affected by— (a) achange in the inquiry members; or (b) the absence of an inquiry member if there are at least 3 remaining inquiry members. 112 Report by commission (1) The commission must prepare a written report about each inquiry conducted by it. (2) The commission must give the report to the Minister 113 Minister must table report The Minister must table the report in the Legislative Assembly within 14 days of receiving it. Com ADDN FP WN Ww NRF © on nn 21 25 s114 66 s 116 Health Quality and Complaints Commission Bill 2006 Chapter 9 Monitoring, enforcement and investigations Part 1 Authorised persons' functions and powers generally 114 Functions of authorised person An authorised person has the functions of— (a) monitoring and enforcing compliance with this Act, including compliance with section 20(1);°° and (b) investigating matters the commission is authorised to investigate under section 86 and inquiry matters. 115 Powers of authorised person For performing an authorised person's functions, the authorised person has the powers given to the authorised person under this Act. Part 2 Appointment of authorised persons 116 Appointment (1) The commission may appoint a commission member, commission officer or other person as an authorised person. (2) However, the commission may appoint a person as an authorised person only if the commission is satisfied the person is qualified for appointment because the person has the necessary expertise or experience. 39 Section 20 (Duty of provider) A FO wan an 14 16 19 2123 s117 67 s119 Health Quality and Complaints Commission Bill 2006 Appointment conditions and limit on powers d) (2) (3) An authorised person holds office on the conditions stated in— (a) _ the authorised person's instrument of appointment; or (b) acommission notice given to the authorised person. The instrument of appointment or a commission notice given to an authorised person may limit the authorised person's powers under this Act. In this section— commission notice means a notice authorised by the commission. Issue of identity card d) (2) (3) The commission must issue an identity card to each authorised person. The identity card must— (a) contain a recent photo of the authorised person; and (b) contain a copy of the authorised person's signature; and (c) identify the person as an authorised person under this Act; and (d) state an expiry date for the card. This section does not prevent the issue of a single identity card to a person for this Act and other purposes. Production or display of identity card d) In exercising a power under this Act in relation to another person, an authorised person must— (a) produce the authorised person's identity card for the other person's inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the other person when exercising the power. C0 OAD MN FP WN om NI DN FW WN NX So NW NOR 25 2730 s 120 68 s 122 Health Quality and Complaints Commission Bill 2006 (2) However if it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the other person's inspection at the first reasonable opportunity. (3) For subsection (1), an authorised person does not exercise a power in relation to another person only because the authorised person has entered a place as mentioned in section 126(1)(b) or (3).*° 120 When authorised person ceases to hold office (1) An authorised person stops holding office if any of the following happens— (a) the term of office stated in a condition of office ends; (b) under another condition of office, the authorised officer ceases to hold office; (c) the authorised officer's resignation under section 121 takes effect. (2) Subsection (1) does not limit the ways an authorised person may cease to hold office. (3) In this section— condition of office means a condition on which the authorised person holds office. 121 Resignation An authorised person may resign by signed notice given to the commission. 122 Return of identity card A person who ceases to be an authorised person must return the person's identity card to the commission within 21 days after ceasing to be an authorised person, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. 40 Section 126 (Power to enter places) ADUNAH WNeK \o ow CO WAND NAH WN KF CO NX 23 2628 s 123 69 s 124 Health Quality and Complaints Commission Bill 2006 Part 3 Powers of authorised persons Division 1 Power to obtain information 123 Power to require information or attendance d) (2) (3) An authorised person may, by notice given to a person, require the person— (a) to give stated information to the authorised person within a stated reasonable time and in a stated reasonable way; or (b) to attend before the authorised person at a stated reasonable time and place— (i) to answer questions; or (ii) to produce a stated thing. A notice under subsection (1) may require the person to produce things of a stated class or description. Subsection (1) does not apply for investigating an inquiry matter. Offences d) (2) A person required to give information to an authorised person under section 123 must give the information as required by the notice, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. A person given a notice to attend before an authorised person under section 123 must, unless the person has a reasonable excuse— (a) attend as required by the notice; and (b) continue to attend as required by the authorised person until excused from further attendance; and (c) answer a question the person is required to answer by the authorised person; and C0 OAD NH w An BW NN KF CO 2327 29 s125 (3) 70 s 125 Health Quality and Complaints Commission Bill 2006 (d) produce a thing the person is required to produce by the notice. Maximum penalty—S0 penalty units. It is a reasonable excuse for an individual not to give information, answer a question or produce a stated thing, that giving the information, answering the question or producing the thing might tend to incriminate the individual. 125 Inspection of produced things d) (2) (3) If a thing is produced to an authorised person, whether under a notice under section 123 or otherwise, the authorised person may inspect it. If the authorised person reasonably considers the thing may be relevant to the investigation being carried out by the authorised person or for monitoring or enforcing compliance with this Act, the authorised person may do all or any of the following— (a) photograph the thing; (b) for a record—make a copy of, or take an extract from, the record; (c) keep the thing while it is necessary for the investigation or as evidence of a contravention of this Act. If the authorised person keeps the thing, the authorised person must allow a person otherwise entitled to possession of the thing— (a) for a record—to inspect, copy, or take an extract from, the record, at the reasonable time and place the authorised person decides; or (b) for another thing—to inspect or photograph the thing, at the reasonable time and place the authorised person decides. ADUNH W NE \o wo Com A DANS WN KO NW a) NNN BRWN Now AUDAN WNW CoOew s 126 71 s 126 Health Quality and Complaints Commission Bill 2006 Division 2 Entry of places Power to enter places (1) An authorised person may enter a place if— (a) an occupier of the place consents to the entry; or (b) it is a public place and the entry is made when it is open to the public; or (c) the entry is authorised by a warrant. (2) Also, an authorised person may enter a place for the purpose of monitoring compliance with section 20(1)*! if— (a) itis a health service facility; and (b) the entry is authorised in writing signed by the chief executive; and (c) the entry is made— (i) when the facility is open for business or otherwise open for entry; and (ii) after giving an occupier of the facility at least 24 hours notice of the entry. (3) For the purpose of asking an occupier of a place for consent to enter, an authorised person may, without an occupier's consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact an occupier; or (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier. Section 20 (Duty of provider) om nN AN fF WN NX SCOmA AD NHB W NRK CO NN Noe NNN On & W& s127 72 $127 Health Quality and Complaints Commission Bill 2006 Division 3 Procedure for entry 127 ~—_ Entry with consent d) (2) (3) (4) (5) (6) This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 126(1)(a). Before asking for the consent, the authorised person must tell the occupier— (a) the purpose of the entry; and (b) _ that the occupier is not required to consent. If the consent is given, the authorised person may ask the occupier to sign an acknowledgment of the consent. The acknowledgment must state— (a) _ the occupier has been told— (i) _ the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) _ the purpose of the entry; and (c) _ the occupier gives the authorised person consent to enter the place and exercise powers under this part; and (d) _ the time and date the consent was given. If the occupier signs the acknowledgment, the authorised person must immediately give a copy to the occupier. If— (a) an issue arises in a proceeding about whether the occupier consented to the entry; and (b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented. Oo ON ANSW WV COomrAI DUN FW NF CO NX So NW NOR N w Nw ns NW mon NW ow s 128 73 s 129 Health Quality and Complaints Commission Bill 2006 128 Application for warrant d) (2) (3) (4) An authorised person may apply to a magistrate for a warrant for a place. The authorised person must prepare a written application that states the grounds on which the warrant is sought. The written application must be sworn. The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. 129 Issue of warrant d) (2) (3) The magistrate may issue the warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting — (a) there is a particular thing or activity (the evidence) that may provide evidence— (i) about a matter being investigated by the authorised person; or Gi) of an offence against this Act; and (b) _ the evidence is at the place, or, within the next 7 days, will be at the place. The magistrate may also issue the warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting — (a) the place is premises used for a purpose mentioned in section 86(g); and (b) _ there is at the place, or, within the next 7 days there will be at the place, a person mentioned in that paragraph whose health or safety may be at risk. The warrant must state— (a) _ the place to which the warrant applies; and CAN HD NH WN WN FF © om ADM fF 22 24 2629 3134 s 130 74 s 130 Health Quality and Complaints Commission Bill 2006 (b) _ that a stated authorised person may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised person's powers under this part; and (c) if subsection (1)(a)(i) applies—the matter being investigated for which the warrant is sought; and (d) if subsection (1)(a)Gi) applies—particulars of the offence that the magistrate considers appropriate in the circumstances; and (e) if subsection (1) applies, the evidence that may be seized under the warrant; and (f) the hours of the day or night when the place may be entered; and (g) the magistrate's name; and (h) the date and time of the warrant's issue; and (i) _ the date, within 14 days after the warrant's issue, the warrant ends. 130 Application by electronic communication and duplicate warrant d) (2) An application under section 128 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of — (a) urgent circumstances; or (b) _ other special circumstances, including, for example, the authorised person's remote location. The application— (a) may not be made before the authorised person prepares the written application under section 128(2); but (b) may be made before the written application is sworn. C0 ON DN FW NK Com AD UNF WN KO 2325 28 31 s 130 (3) (4) (5) (6) 7) 75 s 130 Health Quality and Complaints Commission Bill 2006 The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied — (a) it was necessary to make the application under subsection (1); and (b) the way the application was made under subsection (1) was appropriate. After the magistrate issues the original warrant— (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or (b) otherwise— (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised person must complete a form of warrant, including by writing on it— (A) the magistrate's name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant. The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant. The authorised person must, at the first reasonable opportunity, send to the magistrate— (a) the written application complying with section 128(2) and (3); and (b) if the authorised person completed a form of warrant under subsection (4)(b)—the completed form of warrant. The magistrate must keep the original warrant and, on receiving the documents under subsection (6)— om NI DN BW NE CNY AN W NK O \o NW re oO N N NNNW HAN BW NN on wn ow WW WwW WNrR WwW ns s131 (8) (9) (10) 76 s 132 Health Quality and Complaints Commission Bill 2006 (a) attach the documents to the original warrant; and (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court. Despite subsection (5), if— (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and (b) _ the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. This section does not limit section 128. In this section— relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991. Defect in relation to a warrant d) (2) A warrant is not invalidated by a defect in the warrant, or in compliance with section 128, 129 or 130, unless the defect affects the substance of the warrant in a material particular. In this section— warrant includes a duplicate warrant mentioned in section 130(5). Warrants—procedure before entry d) (2) This section applies if an authorised person named in a warrant issued under this division for a place is intending to enter the place under the warrant. Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— Co WANIDN FF WN Dank WN KO on 23 2629 s 133 (3) (4) 77 s 133 Health Quality and Complaints Commission Bill 2006 (a) identify himself or herself to another person present at the place who is an occupier of the place in the way stated in section 119;42 (b) give the other person a copy of the warrant; (c) tell the other person the authorised person is permitted by the warrant to enter the place; (d) give the other person an opportunity to allow the authorised person immediate entry to the place without using force. However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. In this section— warrant includes a duplicate warrant mentioned in section 130(5). Division 4 Powers after entry General powers after entering places d) (2) (3) This section applies to an authorised person who enters a place. However, if an authorised person enters a place to get an occupier's consent to enter a place, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised. The authorised person may— (a) search any part of the place; or (b) examine, inspect, photograph or film any part of the place or anything at the place; or (c) take an extract from, or copy, a record at the place; or Section 119 (Production or display of identity card) CAN DN FP WNeE DAun fF WNrO 2224 26 28 s 134 (4) (5) (6) 78 s 135 Health Quality and Complaints Commission Bill 2006 (d) take into or onto the place any person, equipment or material the authorised person reasonably requires for exercising a power under this division; or (e) require an occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person's powers mentioned in paragraphs (a) to (d). Also, if the place is premises mentioned in section 86(g), the authorised person may, with the approval of the chief executive, make arrangements to secure the health and safety of a person, mentioned in that paragraph, on the premises if the authorised person reasonably suspects— (a) the person can not independently leave the premises; and (b) _ the person's health or safety may be at risk. Without limiting subsection (4), the arrangements made by the authorised person may be for the person to be relocated or provided with personal assistance or health services. When making a requirement mentioned in subsection (3)(e), the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. 134 Exercise of general powers When entering a place to exercise powers under this division, an authorised person must not do anything that may adversely affect the health or physical privacy of a person. Example of how a person's physical privacy may be affected— entering a room while a person is being examined by a medical practitioner 135 Failure to help authorised person d) A person required to give reasonable help under section 133(3)(e) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. Om INDNH WNK NX SCO OND MN BPW NFO NN Noe 2529 32 s 136 79 s 137 Health Quality and Complaints Commission Bill 2006 (2) If an individual is required under section 133(3)(e) to give information or produce a record, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual. Division 5 Power to seize evidence 136 Seizing evidence at a place that may be entered without consent or warrant (1) This section applies if an authorised person enters a place that may be entered under this part without the consent of an occupier and without a warrant. (2) The authorised person may seize a thing at the place if the authorised person reasonably believes the thing is evidence— (a) of a contravention of section 20(1) or of an offence against this Act; or (b) _ that is relevant to the investigation being carried out by the authorised person. 137 Seizing evidence at a place that may only be entered with consent or warrant (1) This section applies if— (a) an authorised person is authorised to enter a place under this part only with the consent of an occupier or a warrant; and (b) _ the authorised person enters the place after obtaining the necessary consent or warrant. (2) If the authorised person enters the place with the occupier's consent, the authorised person may seize a thing at the place if— (a) the authorised person reasonably believes the thing is evidence— (i) of acontravention of section 20(1) or of an offence against this Act; or \o won nNABWNre AD WF WN KO \o oo 2225 2730 32 s 138 (3) (4) 80 s 139 Health Quality and Complaints Commission Bill 2006 (ii) that is relevant to the investigation being carried out by the authorised person; and (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier's consent. If the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued. The authorised person may also seize anything else at the place if the authorised person reasonably believes— (a) _ the thing is evidence— (i) of acontravention of section 20(1) or of an offence against this Act; or (ii) that is relevant to the investigation or of an offence against this Act; and (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed. Receipt for seized things d) (2) (3) (4) As soon as possible after an authorised person seizes a thing (a seized thing), the authorised person must give a receipt for the seized thing to the person from whom it was seized. However, if for any reason it is not practicable to comply with subsection (1), the authorised person must leave the receipt at the place of seizure, in a reasonably secure way and in a conspicuous position. The receipt must describe generally each seized thing and its condition. This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing's nature, condition and value. Forfeiture of seized thing d) A seized thing is forfeited to the commission if the authorised person who seized the thing— CO AND NPW NR NAD WH WN KF CO 21 2325 27 2933 s 140 (2) (3) 81 s141 Health Quality and Complaints Commission Bill 2006 (a) can not find its owner, after making reasonable inquiries; or (b) can not return it to its owner, after making reasonable efforts. In applying subsection (1)— (a) subsection (1)(a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and (b) subsection (1)(b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner. Example— The owner of the thing has migrated to another country. Regard must be had to a thing's nature, condition and value in deciding— (a) whether it is reasonable to make inquiries or efforts; and (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable. Dealing with forfeited things etc. d) (2) On the forfeiture of a thing to the commission, the thing becomes the commission's property and may be dealt with by the commission as the commission considers appropriate. Without limiting subsection (1), the commission may destroy or dispose of the thing. Access to seized things d) (2) Until a seized thing is forfeited or returned, an authorised person must allow a person who would be entitled to the seized thing, if it were not in the authorised person's possession, to inspect it and, if it is a record, to take extracts from it or copy it. Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. C0 AND NN FW NE COMPN DNF WN KO 2225 283033 s 142 82 s 143 Health Quality and Complaints Commission Bill 2006 142 Return of seized things (1) If a seized thing is not forfeited, an authorised person must return it to its owner at the end of— (a) 6 months; or (b) if proceedings involving the thing are started within 6 months—the proceeding and any appeal from the proceeding. (2) Despite subsection (1), the authorised person must immediately return the seized thing to its owner if the authorised person is satisfied that its retention as evidence is no longer necessary. Division 6 Compensation 143 Notice of damage (1) This section applies if— (a) an authorised person damages property when exercising or purporting to exercise a power; or (b) a person (the other person) acting under the direction or authority of an authorised person damages property. (2) The authorised person must, as soon as practicable, give notice of particulars of the damage to a person who appears to the authorised person to be an owner of the property. (3) Ifthe authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person's or other person's control, the authorised person may state the belief in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This section does not apply to damage the authorised person reasonably believes is trivial. (6) In this section— Com ADDN FP WN an) s144 83 s 145 Health Quality and Complaints Commission Bill 2006 owner, of property, includes a person in possession or control of it. 144 Compensation d) (2) (3) A person may claim compensation from the commission if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following divisions of this part— ° division 2 (Entry of places) ° division 4 (Powers after entry) ° division 5 (Power to seize evidence). Payment of compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. A court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. Division 7 General enforcement matters 145 Obstructing authorised person d) (2) A person must not obstruct an authorised person in the exercise of a power under this Act, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. If a person obstructs an authorised person in the exercise of a power under this Act and the authorised person decides to exercise the power, the authorised person must warn the person that— (a) it is an offence to obstruct the authorised person, unless the person has a reasonable excuse; and Noe Co WAIDNMHA W COMPANY DUNN FW NK CO 232729 31 s 146 84 s 149 Health Quality and Complaints Commission Bill 2006 (b) _ the authorised person considers the person's conduct is an obstruction. (3) In this section— obstruct includes hinder, resist and attempt to obstruct. 146 Impersonation of authorised person A person must not pretend to be an authorised person. Maximum penalty—S0 penalty units. Chapter 10 Matters concerning the commission Part 1 Membership 147 Membership of commission The commission consists of— (a) the commissioner; and (b) the assistant commissioners. 148 Commissioner (1) There is to be a Health Quality and Complaints Commissioner. (2) The Governor in Council is to appoint the commissioner. (3) The commissioner is to be a person with the standing appropriate for performing the commissioner's role. 149 Assistant commissioners (1) There are to be at least 5, but not more than 7, Health Quality and Complaints Assistant Commissioners. BW NF nn RW Ne CO WAIDMN 23 s 149 (2) (3) (4) 85 s 149 Health Quality and Complaints Commission Bill 2006 The Governor in Council is to appoint the assistant commissioners. Of the assistant commissioners— (a) at least— Cj) 1 must be a lawyer; and (ii) 1 must be a medical practitioner with clinical experience; and (iii) 1 must be a nurse or midwife; and (iv) 1 must be an allied health professional; and (v) 1 must have skills and experience in consumer issues; and (b) all must have skills and experience in governance. In this section— allied health professional means a registered provider other than a medical practitioner, nurse or midwife. health practitioner registration Act means any 1 of the following Acts— ° Chiropractors Registration Act 2001 ° Dental Practitioners Registration Act 2001 ° Dental Technicians and Dental Prosthetists Registration Act 2001 ° Medical Radiation Technologists Registration Act 2001 ° Occupational Therapists Registration Act 2001 ° Optometrists Registration Act 2001 ° Osteopaths Registration Act 2001 ° Pharmacists Registration Act 2001 ° Physiotherapists Registration Act 2001 ° Podiatrists Registration Act 2001 ° Psychologists Registration Act 2001 ° Speech Pathologists Registration Act 2001. Co WAND MN FW Ne CAD NAB WN FO \o Nw ro 23252729 s 150 86 $151 Health Quality and Complaints Commission Bill 2006 medical practitioner includes a person registered under the law of another State or of a foreign country that provides for the same matter as a provision of the Medical Practitioners Registration Act 2001. midwife includes a person authorised to practise midwifery under the law of another State or a foreign country that provides for the same matter as a provision of the Nursing Act 1992. nurse means— (a) aregistered nurse or enrolled nurse; or (b) a person authorised to practise nursing under the law of another State or a foreign country that provides for the same matter as a provision of the Nursing Act 1992. registered nurse see the Nursing Act 1992, section 4. registered provider includes a person registered under the law of another State or of a foreign country that provides for the same matter as a provision of a health practitioner registration Act. Ineligibility for appointment as commission member A person is not eligible for appointment as a commission member if the person has been convicted of an indictable offence. Term and conditions of appointment d) (2) (3) (4) A person may be appointed as a commission member for a term of not more than 4 years. Subject to this Act, a person holds office as a commission member on the conditions decided by the Governor in Council. A commission member may be appointed on a full-time or part-time basis. A commission member must be appointed under this Act and not under the Public Service Act 1996. C0 OAINDN BPWNe CIADN FP WNrF CO 2125 2730 32 s 152 87 s 155 Health Quality and Complaints Commission Bill 2006 152 Vacancy in commission member's office The office of a commission member becomes vacant if the member— (a) resigns office by signed notice given to the Minister; or (b) is removed from office under section 153. 153 Removal or suspension of commission member (1) The Governor in Council may remove a commission member from office if the person— (a) is an insolvent under administration within the meaning of the Corporations Act, section 9; or (b) is convicted of an indictable offence; or (c) is guilty of misconduct, neglect of duty or incompetence; or (d) becomes mentally or physically incapable of performing satisfactorily the duties of office. (2) For the purpose of the Minister inquiring into a matter that may warrant the removal of a commission member from office, the Governor in Council may suspend the member from office for a period of not more than 6 months. 154 Grant of leave to commission member The Minister may grant leave of absence to a commission member on the conditions the Minister considers appropriate. 155 'Filling vacancies The Governor in Council may appoint a person to act as a commission member— (a) during a vacancy in the office; or (b) during a period or all periods when the member is absent from duty or from the State or is, for any reason, unable to satisfactorily perform the functions of the office. nA BB WN oOo ON OD COAND NK WN YF CO 22 25 2830 s 156 88 s 160 Health Quality and Complaints Commission Bill 2006 Part 2 Commission business Conduct of business Subject to this Act, the commission may conduct its business, including its meetings, in the way it considers appropriate. Presiding at meetings (1) The commissioner must preside at all commission meetings at which the commissioner is present. (2) If the commissioner is absent from a commission meeting, an assistant commissioner chosen by the assistant commissioners present must preside. Times and places of meetings (1) Commission meetings are to be held at the times and places the commissioner decides. (2) However, the commissioner must call a meeting if asked in writing by at least the number of assistant commissioners forming a quorum for a commission meeting. Quorum for meetings A quorum for a commission meeting is the number equal to one-half of the commission members for the time being holding office or, if one-half is not a whole number, the next highest whole number. Conduct of meetings (1) A question at a commission meeting is to be decided by a majority of the votes of the commission members present. (2) Each commission 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. (3) A commission member who abstains from voting is taken to have voted for the negative. Rw om Nn un DAunk WN 21 24 2629 s 161 (4) (5) (6) 89 s 162 Health Quality and Complaints Commission Bill 2006 The commission may hold meetings, or allow commission members to take part in meetings, by using any technology allowing reasonably contemporaneous and _ continuous communication between members taking part in the meetings, including, for example, teleconferencing. A commission member who takes part in a meeting of the commission under subsection (4) is taken to have been present at the meeting. A resolution is validly made by the commission, even if it is not passed at a commission meeting, if— (a) notice of the resolution is given under procedures approved by the commission; and (b) a majority of commission members agrees in writing to the resolution. Minutes d) (2) (3) The commission must keep minutes of its meetings. If a resolution is made under section 160(6) it must be noted in the minutes of the commission meeting next happening after the making of the resolution. If a commission member votes against a resolution and asks that this be recorded in the minutes of the meeting, the fact that the member voted against the resolution must be recorded in the minutes. Disclosure of interest d) This section applies to a commission member (the interested person) if— (a) the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by the commission; and (b) _ the interest could conflict with the proper performance of the person's duties about the consideration of the issue. 0 AND NHWNKE RW NF CO COMI NWN 2226 2831 s 162 (2) (3) (4) (5) (6) 7) 90 s 162 Health Quality and Complaints Commission Bill 2006 As soon as practicable after the relevant facts come to the interested person's knowledge, the person must disclose the nature of the interest to a commission meeting. Unless the commission otherwise directs, the interested person must not— (a) be present when the commission considers the issue; or (b) take part in a decision of the commission about the issue. The interested person must not be present when the commission is considering whether to give a direction under subsection (3). If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not— (a) be present when the commission is considering whether to give a direction under subsection (3) about the interested person; or (b) take part in making the decision about giving the direction. If— (a) because of this section, a commission member is not present at a commission meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) _ there would be a quorum if the member were present; the remaining persons present are a quorum of the commission for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. A disclosure under subsection (2) must be recorded in the commission's minutes. CAND NH WNe CN ANF WN KO \o NNNWW WNrRO N BSG NNbvWN COAIDN wWhd ow s 163 Part 3 91 s 164 Health Quality and Complaints Commission Bill 2006 Ministers powers to give directions Minister may direct inquiry (1) The Minister may give the commission a written direction to conduct an inquiry under chapter 8 relating to a matter mentioned in section 94(1)(a) to (c)."3 (2) (3) (4) Before giving the direction, the Minister must consult with the commission for the purpose of deciding the inquiry matter. In deciding the inquiry matter, the Minister must state the purpose of the inquiry. The commission must comply with the direction despite section 12." (1) The Minister may give a written direction to the commission provide a report on a specified matter to the Minister; or establish a specified committee under section 169; or investigate a health complaint, including one made by intervene in disciplinary proceedings against a registered provider under section 190;45 or investigate the quality of a health service; or investigate systemic issues relating to the quality of The direction may state a period within which, or a way in which, the direction must be complied with. 164 Other directions by Minister to— (a) (b) (c) the Minister; or (d) (e) (f) health services. (2) 43 Section 94 (Commission may conduct an inquiry) 44 Section 12 (Commission's independence) Section 190 (Commission may intervene in disciplinary proceedings) C0 ON ANA W NOR COmA NI HD NF WW 22 24 26 92 s 167 Health Quality and Complaints Commission Bill 2006 The commission must comply with the direction despite section 12. Other matters Commission's relationship with the State The Commission does not represent the State. Delegation by the commission s 165 (3) Part 4166 (1) (2) (3) The commission may delegate its functions to the chief executive or another appropriately qualified commission officer. Note— Under section 181(1), the chief executive may subdelegate a delegated function to an appropriately qualified commission officer. However, the commission may not delegate its function to conduct inquiries under chapter 8. In this section— appropriately qualified includes having the qualifications, experience or standing appropriate for the function. Example of standing for a commission officer— the officer's classification level in the office functions includes powers. Preservation of rights d) (2) This section applies if a public service officer is appointed as a commission member. The person retains all rights that have accrued to the person because of employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as a commission member were a continuation of service as a public service officer. nn oman a COMA AID NN PW NF CO NX So 23 2527 s 168 (3) 93 s 169 Health Quality and Complaints Commission Bill 2006 If the person stops being a commission member and again becomes a public service officer, the person's service as a commission member is to be regarded as service of a similar kind in the public service for the purpose of determining the person's rights as a public service officer. Superannuation for commission member who was previously a public service officer (1) This section applies if a public service officer is appointed as a commission member and immediately before the appointment the public service officer was a member of the State Public Sector Superannuation Scheme under the Superannuation (State Public Sector) Act 1990. (2) The person continues to be eligible to be, and to be, a member of the scheme. Committees (1) The commission— (a) must establish a consumer advisory committee and a clinical advisory committee; and (b) may establish other committees. (2) The functions of the committees are as follows— (a) for the consumer advisory committee—to advise the commission about consumers' concerns about health services and other matters relevant to the commission's functions referred to the committee by the commission; and (b) for the clinical advisory committee—to advise the commission about clinical matters relevant to the commission's functions referred to the committee by the commission; and (c) for another committee—to advise the commission about matters relevant to the commission's functions referred to the committee by the commission. 'ow NO aABWNR RW NRO CON DWN 22242729 31 s 170 94 s171 Health Quality and Complaints Commission Bill 2006 (3) A committee must include persons the commission considers have the expertise and experience necessary for the performance of the committee's functions. (4) A committee member is entitled to the fees and allowances decided by the Governor in Council. 170 Nomination of persons for membership of district health councils (1) This section relates to the commission's function mentioned in section 16(d) of nominating persons to the Minister who it considers suitable for appointment as members of district health councils. (2) In nominating the persons, the commission must have regard to— (a) the need for community representation on district health councils; and (b) | the expertise and experience necessary for the exercise by councils of their functions; and (c) the Health Services Act 1991, sections 10(3) and 13. Note— The Health Services Act 199], section 10(3) limits the number of members of a district health council from a tertiary institution who may be involved in the education and training of health practitioners to 2 and section 13 deals with qualifications for membership. 171. Application of various public sector Acts (1) The commission is— (a) a unit of public administration under the Crime and Misconduct Act 2001; and (b) astatutory body under the Financial Administration and Audit Act 1977. (2) Under the Statutory Bodies Financial Arrangements Act 1982, the commission is a statutory body. ANB WNr 'ow NO CAD NH WN KO \o NNNWW BRWNRO 26 28 30 32 s172 (3) 95 $172 Health Quality and Complaints Commission Bill 2006 The Statutory Bodies Financial Arrangements Act 1982, part 2B*° sets out the way in which the commission's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 172 = Annual report d) (2) (3) The commission must include in its annual report under the Financial Administration and Audit Act 1977— (a) information required by the Minister; and (b) details of any direction given to the commission by the Minister that relates to the financial year for which the report is prepared. Subject to section 205,*7 the commission may include in an annual report information, opinion and recommendations disclosing details of— (a) health complaints, inquiry matters and contraventions of this Act; or (b) _ the quality of health services; or (c) the progress or results of investigations into health complaints or offences against this Act; or (d) _ the progress or results of inquiries; or (e) systemic issues relating to the quality of health services. However, the commission must not include in an annual report information that identifies a complainant or user unless— (a) _ the person consents to its inclusion; or (b) _ the person's identity, as the complainant for the relevant health complaint or as a user for the relevant health service, is publicly known. 46 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act and relationship with other Acts) 47 Section 205 (Response to adverse comments in commission report) BRWNF oO WrnNnnnN om A DAN FWNHY KO NY wv re Oo NNN BRWN N n NNW ona s173 96 s 173 Health Quality and Complaints Commission Bill 2006 173 Special report d) (2) (3) (4) The commission may, at any time, give to the Minister a report providing information relating to the activities of the commission. Subject to section 205, the commission may include in the report information, opinion and recommendations disclosing details of— (a) health complaints or contraventions of this Act; or (b) _ the quality of health services; or (c) results of investigations into health complaints, or contraventions of this Act; or (d) systemic issues relating to the quality of health services. However, the commission must not include in the report information that identifies a complainant or a user unless— (a) _ the person consents to its inclusion; or (b) _ the person's identity, as the complainant for the relevant health complaint or as a user for the relevant health service, is publicly known. The Minister must table the report in the Legislative Assembly within 14 days of receiving it. CoD ANIDMN PWN SCO WIND NV PW NY FO iS) s 174 97 s 176 Health Quality and Complaints Commission Bill 2006 Chapter 11 Office of the Health Quality and Complaints Commission Part 1 Establishment 174 Establishment of office (1) The Office of the Health Quality and Complaints Commission is established. (2) The office consists of the chief executive and the other staff of the office. Part 2 Office's function and powers 175 Function and powers (1) The office's function is to help the commission in the performance of its functions. (2) The office may do anything necessary or convenient to be done in performing its function. 176 Status The office is not a statutory body for the Financial Administration and Audit Act 1977 or the Statutory Bodies Financial Arrangements Act 1992. Note— The office is a public service office under the Public Service Act 1996. Com ND MN AB WN ConmArn an 21 s177 Part 3 98 s 181 Health Quality and Complaints Commission Bill 2006 Chief executive officer Appointment of chief executive officer d) (2) (3) (4) (5) There is to be a chief executive officer of the office. The chief executive is to be appointed by the Governor in Council. The chief executive is appointed for the term stated in the instrument of appointment. The stated term must not be more than 5 years. The Public Service Act 1996 does not apply to the appointment of the chief executive. Conditions of appointment d) (2) The chief executive is to be paid the remuneration and allowances decided by the Governor in Council. The chief executive holds office on terms, not provided for by this Act, decided by the Governor in Council. Function of chief executive Subject to direction by the commission, the chief executive is to control the office and is responsible for its efficient and effective administration and operation. Chief executive must act independently etc. In performing the chief executive's function and exercising the chief executive's powers— (a) the chief executive must act independently, impartially, and in the public interest; and (b) is not subject to direction by the Minister. Delegation by chief executive d) The chief executive may delegate the chief executive's functions, including a function delegated to the chief CWO ANID NH WW ne WN onan a 22 24 28 s 182 99 s 184 Health Quality and Complaints Commission Bill 2006 executive by the commission, to an appropriately qualified commission officer. (2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate for the function. Example of standing for a commission officer— the officer's classification level in the office functions includes powers. 182 Resignation The chief executive may resign by signed notice given to the Minister. 183. Ending of appointment The Governor in Council may end the appointment of the chief executive if the chief executive— (a) is convicted of an indictable offence; or (b) is guilty of misconduct that could warrant dismissal from the public service if the chief executive were a public service officer; or (c) is guilty of neglect of duty or incompetence; or (d) becomes incapable of satisfactorily performing the chief executive's functions. 184 Acting chief executive The Minister may appoint a person to act as the chief executive— (a) during a vacancy in that office; or (b) during any period, or during all periods, when the chief executive is absent from duty or can not, for another reason, perform the functions of that office. CarAIDUNB WW NK FOO OND NN FW WN Nw 24 27 s 185 100 s 187 Health Quality and Complaints Commission Bill 2006 185 Preservation of rights d) (2) (3) This section applies if a public service officer is appointed as the chief executive. The person retains all rights that have accrued to the person because of employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as the chief executive were a continuation of service as a public service officer. If the person stops being the chief executive and again becomes a public service officer, the person's service as chief executive is to be regarded as service of a similar kind in the public service for the purpose of determining the person's rights as a public service officer. 186 Superannuation for chief executive who was previously a public service officer d) (2) Part 4 This section applies if a public service officer is appointed as the chief executive and immediately before the appointment the public service officer was a member of the State Public Sector Superannuation Scheme under the Superannuation (State Public Sector) Act 1990. The person continues to be eligible to be, and to be, a member of the scheme. Other staff of the office 187 Other commission staff The other staff of the office are to be employed under the Public Service Act 1996. CO MADNH WN WNrO iS) SCOMND WF 22 26 s 188 101 s 190 Health Quality and Complaints Commission Bill 2006 Chapter12 Registration boards Information from registration board d) (2) (3) A registration board may give the commission information, comment and recommendations in relation to a health complaint and the registered provider to whom the complaint relates. The commission may, at any time, ask a registration board to provide information in its possession in relation to a health complaint or a registered provider to whom the complaint relates. The registration board must comply with the commission's request. Registration board may ask commission for information d) (2) A registration board may at any time ask the commission for information about any complaints made to the commission about the registration board's registered providers. The commission must comply with the registration board's request as soon as practicable. Commission may intervene in disciplinary proceedings d) (2) (3) (4) This section applies if a disciplinary proceeding is taken against a registered provider for a matter because of a health complaint or an inquiry matter and the proceeding is before a disciplinary body. The commission may intervene in the disciplinary proceeding at any time. On intervention, the commission becomes a party to the proceeding. If the commission intervenes in a proceeding before the Health Practitioners Tribunal or the Nursing Tribunal, the commission may be represented by a lawyer or another person. COmAAI ANBW LY Noe ANY ANA W 2123 25 27 2931 s191 (5) (6) 7) 102 s 192 Health Quality and Complaints Commission Bill 2006 If the commission intervenes in a proceeding before a registration board or professional conduct review panel, the commission may nominate a person, other than a lawyer, to appear at the hearing on behalf of the commission. The commission may intervene in an appeal against a decision of a disciplinary body. On intervention in an appeal, the commission becomes a party to the appeal. Chapter 13 Offences and proceedings 191 False or misleading statements A person must not state anything to the commission, a commission member or an authorised person the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. 192 False or misleading records d) (2) A person must not give the commission, a commission member or an authorised person a record containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. Subsection (1) does not apply to a person if the person, when giving the record— (a) _ tells the commission, commission member or authorised person, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information, gives the correct information. ON AN BWNR BR WNr CO COMDINID UN 22 2427 s 193 103 s 195 Health Quality and Complaints Commission Bill 2006 Reprisal and grounds for reprisals d) (2) (3) (4) (5) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that— (a) any person— (i) has made or may make a health complaint; or (ii) has provided or may provide assistance to the commission, a commission member or an authorised person; or (b) any person— (i) has made a health service complaint under the repealed Act; or (ii) has provided assistance to the Health Rights Commissioner or an authorised person under the repealed Act. An attempt to cause detriment includes an attempt to induce a person to cause detriment. A contravention of subsection (1) is a reprisal or the taking of a reprisal. A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal. For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission. Offence for taking reprisal d) (2) A person who takes a reprisal commits an offence. Maximum penalty—167 penalty units or 2 _ years imprisonment. The offence is an indictable offence that is a misdemeanour. Damages entitlement for reprisal d) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result. COC WMOAINID MN FP WN CN DN FWNY KO iS) ow NNNN BRWNR 26 28 32 s 196 104 s 198 Health Quality and Complaints Commission Bill 2006 (2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal. (3) Ifthe claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury. 196 Summary offences An offence against this Act, other than an offence against section 194, is a summary offence. 197 Limitation on time for starting proceedings for summary offence A summary proceeding under the Justices Act 1886 for a summary offence must start within whichever is the longer of the following— (a) 1 year after the commission of the offence; (b) 1 year after the offence comes to the knowledge of the complainant, but within 2 years after the commission of the offence. 198 Proceedings for indictable offences (1) A proceeding on a charge for an indictable offence against this Act may be taken, at the election of the prosecution— (a) by way of summary proceeding under the Justices Act 1886; or (b) on indictment. Note— An offence against section 194 is an indictable offence. (2) A magistrate must not hear the charge summarily if— (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or (b) the magistrate considers the charge should be prosecuted on indictment. (3) If subsection (2) applies— ABW NR lon on NADN BP WNrF CO 22 2428 30 s 199 105 s 200 Health Quality and Complaints Commission Bill 2006 (d) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).48 Limitation on who may summarily hear indictable offence (1) The proceeding must be before a magistrate if it is a proceeding— (a) (b) for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence. (2) However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991. Allegations of false or misleading information or records In a proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading record, it is enough for a charge to state that the information or record was, without specifying which, 'false or misleading'. Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in relation to an indictable offence) C0 OAIDN PW NK 2527 s 201 106 s 203 Health Quality and Complaints Commission Bill 2006 201 Appointments and authority In a proceeding, the following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it— (a) (b) (c) a commission member's, presiding member's or inquiry member's appointment; the appointment of a person as an authorised person; the authority of a commission member, presiding member, inquiry member or authorised person to do anything under this Act. 202 ~= Signatures A signature purporting to be the signature of a commission member, presiding member, inquiry member or authorised person is evidence of the signature it purports to be. 203 Other evidentiary aids (1) In a proceeding, a certificate purporting to be that of the commissioner stating any of the following matters is evidence of the matter— (2) (a) (b) (c) (d) (e) a stated document is an appointment or notice made or given under this Act; a stated record is a record given to the commission or an authorised person under this Act; a stated document or record is a copy of a document or record mentioned in paragraph (a) or (b); on a stated day or during a stated period an appointment as an authorised person was or was not in force for a stated person; on a stated day, a stated requirement was made of a stated person. A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant's knowledge. om NA DN PWN BRWN So arIAID uN 22 24 2629 3133 s 204 107 s 206 Health Quality and Complaints Commission Bill 2006 Chapter 14 Other matters For the purpose of a duty imposed by this Act on a person to take an oath to verify information, the oath the person must take is an oath that the information is true. Response to adverse comments in commission report This section applies to a report of the commission under section 24(1)(b), 91 or 173 or the commission's annual report The commission must not include in the report comment adverse to an entity identifiable from the report unless the commission has given the entity a reasonable opportunity (a) make submissions to the commission about the (b) give a written statement to the commission about the If the entity gives a written statement to the commission under subsection (2)(b) and asks that the statement be included in the report, the commission must include the statement, or a fair summary of the statement, in the report. However, for a report under section 24(1)(b) or 91, subsection Dispensing with notice or opportunity to make The commission may, in the circumstances mentioned in subsection (2), dispense with a duty imposed on the commission under this Act— (a) to give a notice to a provider; or 204 _—sVerifying information(1) mentioned in section 172.49 (2) to— comment; and comment. (3) (4) (2) is subject to section 206.submissions (1) Section 24 (Action by commission for contravention of s 20(1)), 91 (Commission's report about investigation), 172 (Annual report) and 173 (Special report) nAkRW YN onmn a NY SOMA AND WH WNK CO N — NN Wn 25 27 s 207 (2) (3) 108 s 208 Health Quality and Complaints Commission Bill 2006 (b) | to give an opportunity to an entity to make submissions on a report containing adverse comment about the entity. For subsection (1), the circumstances are that the commission reasonably considers giving the notice or the opportunity to make submissions would— (a) put at serious risk the health or safety of a person; or (b) put a complainant or other person at risk of being harassed or intimidated; or (c) prejudice an investigation or inquiry. Subsection (1) does not apply in relation to the duty imposed by section 205 in relation to the commission's annual report mentioned in section 172 or a report under section 173. Commission may give combined notice d) (2) This section applies if the commission is required to, or may, give a person notices under more than 1 provision of this Act. The commission may give the person a combined notice for the provisions. Failure by commission to give notice or make assessment d) (2) (3) Subsection (2) applies if the commission fails to give a notice as required by section 54(1), 60(1), 66(5), 76(6), 80(4) or 81(6).>° The requirement to give the notice continues subject to section 206 and the failure does not limit the commission in performing its functions or exercising its powers. Subsection (4) applies if the commission fails to assess a health service complaint within the time required under section 58. Section 54 (Notice of decision to assess health service complaint), 60 (Notice of assessment decision), 66 (Referral to registration board in public interest), 76 (Action by commission on becoming aware of public interest issue), 80 (Action on report of unsuccessful conciliation) or 81 (Ending conciliation by commission) om NY DANK WNKR WNrF © ONY AN 222528 s 209 (4) 109 s 212 Health Quality and Complaints Commission Bill 2006 The commission must assess the complaint and the failure does not limit the commission in performing its functions or exercising its powers. Form of consultation between commission and This section applies for consultation between the commission and a registration board required under section 57(1), 76(2), The consultation may be in the form of a standing arrangement or more specific consultation. Commission may provide information If the commission refers a health complaint to a registration board or other entity under chapter 5 or 7, the commission may give the board or other entity any information given to, or gathered by, the commission in the course of dealing with However, subsection (1) does not apply to information obtained by the commission under chapter 6.5? Investigation etc. despite proceedings An investigation or inquiry under this Act may start or continue, and a report under this Act may be prepared or given, despite any proceedings before any court or tribunal, unless a court or tribunal of competent jurisdiction orders Giving of information protected This section applies to a person who, honestly and on reasonable grounds, gives information or a record (the registration board () 80(2) or 81(4).>! (2)() the complaint. (2)otherwise.() Section 57 (Consultation with registration board), 76 (Action by commission on becoming aware of public interest issue), 80 (Action on report of unsuccessful conciliation) or 81 (Ending conciliation by commission) Chapters 5 (Health complaints), 6 (Conciliation) and 7 (Investigations by commission) WNrR C0 OND WSF ONY ANBWN 212327 s 213 (2) (3) (4) 110 s 213 Health Quality and Complaints Commission Bill 2006 information) to the commission, a commission member, an authorised person or a commission officer— (a) for the purpose of a health complaint; or (b) in the course of an investigation or inquiry; or (c) otherwise under this Act. The person is not subject to any liability for giving the information and no action, claim or demand may be taken or made of or against the person for giving the information. Also, merely because the person gives the information, the person can not be held to have— (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. Without limiting subsections (2) and (3)— (a) ina proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act, oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information. 213 ~Reports privileged A person has a defence of absolute privilege for the publication of any defamatory statement made in good faith— (a) for the purpose of the preparation of a report authorised or required to be made under this Act; or (b) ina report authorised or required to be made under this Act. CAND NN FW NK CAN DN FPF WN KF CO Nw ro NN WN 26 28 30 s214 111 s 214 Health Quality and Complaints Commission Bill 2006 214 ~—' Preservation of confidentiality d) (2) (3) (4) (5) A person must not record, disclose or use confidential information gained by the person through involvement in the administration of this Act or the repealed Act, unless the person does so— (a) for the purpose of this Act or the repealed Act; or (b) when authorised under an Act; or (c) if the confidential information is about a registered provider—for the purposes of the Health Practitioners (Professional Standards) Act 1999 or the Nursing Act 1992; or (d) when authorised under a regulation. Maximum penalty—40 penalty units. A person is not required— (a) to disclose confidential information to a court or tribunal; or (b) to produce a record containing confidential information to a court or tribunal; unless it is necessary to do so for the purpose of this Act. However, subsection (2) does not apply to the disclosure of confidential information, or production of a record, to a disciplinary body. A person gains information through involvement in the administration of this Act or the repealed Act if the person gains the information— (a) in the course of the involvement; or (b) because of opportunity provided by the involvement. The following persons are taken to be involved in the administration of this Act— (a) (acommission member or authorised person; (b) acommission officer or a person engaged to perform a service for the commission; (c) amember of a committee established under section 169; om AD NABWNY CN nN WN FO \o NNwvw NRO NNN On & VW NY W& nN a NW ow ww So WwW NOR w w s214 (6) 7) (8) (9) 112 s 214 Health Quality and Complaints Commission Bill 2006 (d) aconciliator and a person involved in conciliation under this Act. The following persons are taken to have been involved in the administration of the repealed Act— (a) the Health Rights Commissioner or an authorised person under that Act; (b) an officer or employee of the Health Rights Commission or a person engaged to perform a service for that commission; (c) amember of the council under that Act; (d) amember of a committee established under section 26 of that Act; (e) aconciliator and a person involved in conciliation under that Act; (f) aperson who investigated a matter under that Act. In so far as this section relates to the repealed Act, a reference in subsection (9), definition confidential information, to a complainant, user, provider, health service complaint, inquiry matter, investigation or inquiry includes a reference to the term under that Act. This section does not limit section 82 or 83.53 In this section— confidential information includes— (a) information about the identity, occupation or whereabouts of the complainant, user or provider to which a health complaint or inquiry matter relates or of any person who assists an investigation or inquiry; and (b) information disclosed by a health complaint; and (c) information of personal concern to an individual; and (d) information that, if disclosed, may cause detriment to a person. Section 82 (Conciliation privileged) or 83 (Confidentiality of conciliation) CAN DN PW NE iS) SCOMINID NUN PW NF CO NY NR WN WN NHOnNW AUDWNF NY N \o © Ww ro s 215 113 $217 Health Quality and Complaints Commission Bill 2006 215 Protecting officials from liability (1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the commission. (3) In this section— official means— (a) acommission member; or (b) acommission officer or a person engaged to perform a service for the commission; or (c) a member of a committee established under section 169;54 or (d) an authorised person; or (e) a person acting under the direction or authority of an authorised person. 216 Review by committee of the Legislative Assembly It is Parliament's intention that, as soon as practicable after 1 year after the commencement of section 11,55 the Legislative Assembly establish a committee to review and report on the performance of the commission and generally on the operation of this Act. 217 ~Regulations The Governor in Council may make regulations under this Act. 54 — Section 169 (Committees) 55 Section 11 (Establishment of commission) oOo mrnN ND Wn WN nk Ww NF CO rPOoOOMmAN OD Nw 24 s 218 114 $221 Health Quality and Complaints Commission Bill 2006 Chapter 15 Repeal and transitional provisions Part 1 Repeal 218 Repeal of Health Rights Commission Act 1991 The Health Rights Commission Act 1991 No. 88 is repealed. Part 2 Transitional provisions 219 Definitions for pt 2 In this part— commencement means the commencement of this part. former commission means the Health Rights Commission under the repealed Act. former commissioner means the Health Rights Commissioner under the repealed Act. 220 ~~ References to repealed Act or former commission (1) Inan Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act. (2) In an Act or document, a reference to the former commission may, if the context permits, be taken as a reference to the commission. 221 Assets and liabilities etc. On the commencement— (a) the assets and liabilities of the former commissioner become assets and liabilities of the commission; and WN Fo COmrNI AN f 21 23 s 222 115 s 224 Health Quality and Complaints Commission Bill 2006 (b) any contracts entered into by the former commissioner, in force immediately before the commencement, are taken to have been entered into by the commission and may be enforced against or by the commission. 222 Officers of former commission A person who was an officer of the former commission immediately before the commencement continues as a commission officer. 223 Former commission's records All records of the former commission become records of the commission and may be used by the commission for this Act. 224 Proceedings (1) A proceeding that could have been started or continued by or against the former commissioner before the commencement may be started or continued by or against the commission. (2) Fora proceeding under the repealed Act, section 121 or 122,5° the judge deciding the proceeding may make the orders the judge considers necessary under the repealed Act as if this Act had not commenced. (3) An order mentioned in subsection (2) has effect for this Act despite any other provision of this Act. (4) If, immediately before the commencement, the former commissioner was a party to a proceeding under the repealed Act, section 130,°' the commission becomes a party in place of the former commissioner. 56 Health Rights Commission Act 1991, section 121 (Witness privilege) or 122 (Claim of unjustifiable exercise of power) 57. Health Rights Commission Act 1991, section 130 (Commissioner may intervene in disciplinary proceedings) BRWNF DarID NN CAND NSW WY 2325 s 225 116 s 225 Health Quality and Complaints Commission Bill 2006 Health service complaints (1) This section applies to a health service complaint made to the former commissioner under the repealed Act and not finally dealt with before the commencement. (2) The health service complaint is taken to have been made to the commission and may be dealt with or further dealt with by the commission or another entity under this Act. (3) Without limiting subsection (2)— (a) (b) (c) (d) (e) (f) action taken in relation to the health service complaint by the former commissioner is taken to have been taken by the commission; and an assessment of the complaint may be continued or started under this Act; and a conciliation of the health service complaint may be started or continued under this Act; and if the complaint was referred to a registration board or other entity under the repealed Act, the referral is taken to have happened under this Act; and a notice given by the commissioner under the repealed Act, section 70 or 96° is taken to have been given by the commission under section 55 or an authorised person under section 123;59 and an investigation of the complaint may be continued or started under this Act. (4) For continuing and finalising a conciliation under subsection (3)(c), the person conciliating the health service complaint under the repealed Act is taken to be a conciliator under this Act. Health Rights Commission Act 1991, section 70 (Submissions about health service complaint) or 96 (Notice to provide information or a record) Section 55 (Submissions about health service complaint) or 123 (Power to require information or attendance) CoD ANIDMN PWN iS) CSCO AND NH WN KO NW NOR NN BW NNYNN OADM s 226 117 s 229 Health Quality and Complaints Commission Bill 2006 Direction of Minister given under repealed Act d) (2) Subsection (2) applies if the former commissioner was given a direction under the repealed Act, section 31 and, immediately before the commencement, the direction had not been complied with. The commission must comply with the direction by acting under this Act and for that purpose this Act applies with any necessary or convenient changes. Offences d) (2) Proceedings for an offence against the repealed Act may be continued, or started by the commission, and the provisions of the repealed Act necessary or convenient to be used in relation to the proceedings continue to apply, as if this Act had not commenced. For subsection (1), the Acts Interpretation Act 1954, section 20°! applies, but does not limit the subsection. Things seized A thing seized under the repealed Act, and in relation to which proceedings were not finalised or started immediately before the commencement, is taken to have been properly seized under this Act. Former commission's annual report for 2005-2006 d) The commission must prepare the annual report required under the Financial Administration and Audit Act 1977, section 46J,° and otherwise comply with the former commission's obligations under the section, in relation to the operations of the former commission for the financial year ending on 30 June 2006. 61 Health Rights Commission Act 1991, section 31 (Minister's directions) Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.) Financial Administration and Audit Act 1977, section 46J (Annual report) CAD NAPWN An BWNF OS 21 242628 s 230 118 s 232 Health Quality and Complaints Commission Bill 2006 (2) The annual report must be prepared so as to comply with the repealed Act, sections 34 and 36.% 230 Amendment of regulation by Act The amendment of a regulation in schedule 3 does not affect the power of the Governor in Council to further amend the regulation or to repeal it. 231 ~—' Transitional regulation-making power (1) A regulation (a transitional regulation) may make provision for a matter for which— (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of the repealed Act to the operation of this Act; and (b) | this Act does not make provision or sufficient provision. (2) A transitional regulation may have retrospective operation to a day not earlier than the commencement. (3) A transitional regulation must declare it is a transitional regulation. (4) This section and any transitional regulation expire 1 year after the commencement. Chapter 16 Amendment of Health Services Act 1991 232 Act amended in ch 16 This chapter amends the Health Services Act 1991. 63 Health Rights Commission Act 1991, sections 34 (Annual report) and 36 (Response to adverse comment) Ankh W Ne ow nN SCO ON AN FB WNFY CO NX 22 24 s 233 119 s 235 Health Quality and Complaints Commission Bill 2006 233 Amendment of s 2 (Definitions) 1 (1) Section 2— 2 insert— 3 'Health Quality and Complaints Commission means the 4 Health Quality and Complaints Commission established 5 under the Health Quality and Complaints Commission Act 6 2006.'. 7 (2) Section 2, definition health services agreement, 'chief 8 executive' — 9 omit, insert— 0 "general manager of the health service area in which the 1 district is situated'. 2 234 Amendment of s 10 (Appointment of members) 3 Section 10(2)— 4 omit, insert— 5 '(2) The Minister must recommend to the Governor in Council for 6 appointment as members of a council persons nominated as 7 suitable for appointment by the Health Quality and 8 Complaints Commission. 9 Note— 20 It is a function of the Health Quality and Complaints Commission under 21 the Health Quality and Complaints Commission Act 2006, section 22 16(d), to nominate to the Minister persons it considers suitable for 23 appointment as members of councils.' . 24 235 Amendment of s 17 (Times and places of meetings) 25 Section 17(1), '2 months'— 26 omit, insert— 27 'month'. 28 s 236 120 s 239 Health Quality and Complaints Commission Bill 2006 236 Amendment of s 22 (Managers for districts) (1) Section 22(2), 'public service officer or' — omit. (2) Section 22(3)(a), 'the chief executive and'— omit. 237 _—siInsertion of new s 23A Part 2, after section 23— insert— *23A_Tabling of council reports '(1)_ This section applies to a report for a financial year given to the Minister by a council under section 8(1)(i). '(2) The Minister must table the report in the Legislative Assembly within 2 months of the end of the financial year.'. 238 Amendment of s 24 (Appointment of health service employees) (1) Section 24(1), from 'the department'— omit, insert— 'an administrative unit of the department prescribed under a regulation.'. (2) Section 24(2)— omit. (3) Section 24(3)— renumber as section 24(2). 239 ~=Insertion of new s 62LA After section 62L— insert— owmon a nA BW Ne WN Fo Com nN WD Ws 2123 25 s 240 121 s 240 Health Quality and Complaints Commission Bill 2006 '62LA Disclosure to Health Quality and Complaints Commission Section 62A(1) does not apply to the disclosure of confidential information by a designated person if the disclosure is to the Health Quality and Complaints Commission for the purpose of— (a) making, or giving information about, a complaint about a provider of health services; or (b) answering questions or otherwise giving information as part of an investigation under the Health Quality and Complaints Commission Act 2006 about a person who is or was a provider of health services; or (c) giving the commission information about health services including information requested by the commission under the Health Quality and Complaints Commission Act 2006, section 21;% or (d) giving the commission aggregated data, including data that identifies persons, about complaint management, patient safety or another matter relating to the quality of health services.'. 240 Insertion of new pt 9, div 6 Part 9— insert— 'Division 6 Transitional provisions for Health Quality and Complaints Commission Act 2006 '83 Existing members of district health councils '(1)_ This section applies to a member of a district health council holding office immediately before the commencement of this section under an appointment made _ before _ that commencement. 64 Health Quality and Complaints Commission Act 2006, section 21 (Commission may ask provider for information) COON DAUNKRW NR SCOmMANI ANH W NK CO iS) 23 252931 s 241 122 s 241 Health Quality and Complaints Commission Bill 2006 '(2) The member stops being a member under that appointment. '(3) The member is not entitled to compensation for the loss of office.'. Chapter17 Amendment of other legislation 241 Amendment of legislation (1) Schedule 3 amends the Acts and regulations it mentions. (2) Schedule 4 amends the Acts it mentions. WN Health Quality and Complaints Commission Bill 2006 Schedule 1 Health services Part 1 section 8(a) Declared health services Hospital, health institution or nursing home services. Medical, dental, pharmaceutical, paramedical, mental health, community health, environmental health, specialised health or allied services. Services provided in association with the use of premises for the care, treatment or accommodation of persons who are aged or have a physical or mental illness. Laboratory services provided in support of health services. Laundry, cleaning, catering or other support services provided to a hospital, health institution, nursing home or premises mentioned in item 3, if the services affect the care or treatment of patients or residents. Social work, welfare, recreational or leisure services, if provided as part of a health service. Ambulance services. Services provided by registered providers. Services provided by dietitians, audiologists, audiometrists, prosthetists, optical dispensers, child guidance therapists, psychotherapists, therapeutic counsellors and_ services provided by other professional, technical and operational persons that directly contribute to the provision of a health service. Services provided by practitioners of hypnosis, massage, naturopathy, acupuncture or in other natural or alternative health care or diagnostic fields. Services provided in relation to health promotion, education and information. om ADM $F CAD NMEWNY KF CO \o NWNOnNNWW ABRWNF OO NNW ona wWhd ow Part 2 Health Quality and Complaints Commission Bill 2006 Schedule 1 (continued) Services declared not to be health services An opinion of a provider, or a decision made, for a claim under the Workers' Compensation and Rehabilitation Act 2003. An opinion of a provider, or a decision made, for the purpose of a notice, order, or appeal under the Workplace Health and Safety Act 1995. Services provided by an officer of a department (other than the department in which this Act is administered), excluding services provided by an officer who— (a) is aregistered provider; and (b) _ provides the services in the course of performing duties in a position for which registration as a registered provider of that type is a requirement. Services provided by the State Emergency Service and by volunteers in emergency situations, including first aid and life support services, for example services provided by lifesavers, coastal rescue groups, teachers, teachers aides and school administrative staff. Health services provided by a public authority of the Commonwealth. C0 OAD NWHW iS) SCOMINID NARW NY FO NW Noe Health Quality and Complaints Commission Bill 2006 Schedule 2 Registration boards oO MmrnNI DWN 13 schedule 5, definition registration board Chiropractors Board of Queensland Dental Board of Queensland Dental Technicians and Dental Prosthetists Board of Queensland Medical Board of Queensland Medical Radiation Technologists Board of Queensland Occupational Therapists Board of Queensland Optometrists Board of Queensland Osteopaths Board of Queensland Pharmacists Board of Queensland Physiotherapists Board of Queensland Podiatrists Board of Queensland Psychologists Board of Queensland Queensland Nursing Council Speech Pathologists Board of Queensland Co mOmnN DN fF WwW NYA UN fF wWwWN KF CO Health Quality and Complaints Commission Bill 2006 Schedule 3 Consequential amendments section 241(1) Births, Deaths and Marriages Registration Act 2003 1 Part 7— insert— '48C Registrar may enter into arrangement with commission '(D) (2) '3) (4) (5) (6) The registrar may enter into an arrangement with the commission about providing to the commission information from a register or a source document, or providing to the commission a copy of a source document, about the death of a person to which an investigation under the Health Quality and Complaints Commission Act 2006 may be relevant. The registrar may provide information or a copy of a source document to the commission under the arrangement. The registrar and the commission must, as far as practicable, protect the person to whom the information or source document relates from unjustified intrusion on the person's privacy. If the registrar enters into an arrangement with the commission, the registrar may charge a fee for the service that is not more than the actual cost of providing the service. This section applies despite sections 44 to 46 and 48. In this section— commission, means the Health Quality and Complaints Commission established under the Health Quality and Complaints Commission Act 2006. source document has the same meaning as in section 44(1)(b) but does not include a source document prescribed under a regulation for that paragraph.'. OMANI DN fF NY SCO OADM PW NFO NY NR WN WN NNN ones Nwn own Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Chiropractors Registration Act 2001 1 Section 120(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. Commission for Children and Young People and Child Guardian Act 2000 1 ee 4, definition complaints agency, paragraph d)— omit, insert— '(d) the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006;' . Coroners Act 2003 1 Section 17(3)(a), example— omit, insert— "Example— the Health Quality and Complaints Commission Act 2006, section 213(2) (Preservation of confidentiality)'. a 811 OIA nn sf Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Section 17(3)(b), example— omit, insert— "Example— the Health Quality and Complaints Commission Act 2006, section 82 (Conciliation privileged)'. Criminal Code Section 2290(1), definition health service, 'schedule 1, part 1 of the Health Rights Commission Act 1991'— omit, insert— 'the Health Quality and Complaints Commission Act 2006, schedule 1, part 1'. Section 2290(1), definition health services provider, 'Health Rights Commission Act 1991'— omit, insert— 'Health Quality and Complaints Commission Act 2000'. Dental Practitioners Registration Act 2001 Section 139(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. nN WN \o on an FF WN 18Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Dental Technicians and Dental Prosthetists Registration Act 2001 1 Section 124(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. Disability Services Act 2006 1 ee 7, definition complaints agency, paragraph d)— omit, insert— '(d) the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006;'. Evidence Regulation 1993 1 Section 3(p)— omit, insert— '(p) the Health Quality and Complaints Commission, a commission member, the chief executive officer or a conciliator under the Health Quality and Complaints Commission Act 2006, in relation to the conciliation of a health service complaint under chapter 6 of that Act;'. 811 SOmMIND nn f Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Freedom of Information Act 1992 1 Section 11(1)— insert— '(pa) the Health Quality and Complaints Commission in relation to the conciliation of health service complaints under— (i) the Health Rights Commission Act 1991, part 6; or (ii) the Health Quality and Complaints Commission Act 2006, chapter 6; or'. Health Practitioners (Professional Standards) Act 1 Section 5, heading, 'Health Rights Commission Act'— omit, insert— 'Health Quality and Complaints Commission Act'. 2 Sections 5, 6, 52 and 53, 'Health Rights Commission Act 1997 — omit, insert— 'Health Quality and Complaints Commission Act 2000'. 3 Section 11(c), 'an imminent threat'— omit, insert— "a serious potential risk'. OoOMm A ANH WW A on an 21 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Sections 11, 51, 52, 53, 55(1), 56(3), 57(1), 59(4), 116, 120(1), 126(3)(b)(iv), 131(1)(c), 134(5)(c), 135(6)(c), 150(2)(c), 153(1)(c), 168(1)(c), 174(1)(d), 178(6)(c), 205(1)(c), 215(1)(d), 245(1)(c), 251(1)(c), 264(1), 289(2)(b), 304, 311, 312(3), 318(1)(b), 328(1), 336(3), 340(1)(b), 350(1), 374(2)(a), 379(5) and 383 heading and (2), 'commissioner'— omit, insert— 'commission'. Section 48(2)— omit, insert— '(2) Also, a complaint may be made about a matter for which a health service complaint could be made under the Health Quality and Complaints Commission Act 2006.' . Section 51(2), before paragraph (b)— insert— '(aa) the board rejects the complaint under section 54(1AA); > or. Part 3, division 3, subdivision 2, heading, 'commissioner'— omit, insert— 'commission'. Part 3, division 3, before section 54— insert— 'Subdivision 2A Rejection of complaints'. 0 OD ADNBWNKE BRWN FF © mar nn 21 24 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Section 54, before subsection (1)— 1 insert— 2 '"1AA) A board may decide to reject a complaint mentioned in 3 section 51 if the board and the commission agree to reject the 4 complaint for a reason mentioned in subsection (1)(a) to (e).'. 5 Section 54(2), 'under'-— 6 omit, insert— 7 'for a reason mentioned in'. 8 Section 58, 'imminent threats'— 9 omit, insert— 0 "serious potential risks'. 1 Section 59(1)(a), 'an imminent threat'— 2 omit, insert— "a serious potential risk'. 4 Section 62(b)— 5 omit. 6 Section 62(c), from 'commissioner' to 'this Act;— 7 omit, insert— "commission agree under section 51(2)(a) or (b)'. 9 Section 62(c) to (f)— 20 renumber as— 21 "section 62(b) to (e).'. 22 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 16 Section 116(6)(a), 'commissioner's'— omit, insert— 'commission's'. 17 Section 117— omit, insert— '117. Commission may report to Minister '(D) (2) '3) The commission may, at any time, give the Minister a report about investigations conducted by boards or a particular investigation. The commission must not include in the report comment adverse to an entity identifiable from the report unless the entity has been given a reasonable opportunity to— (a) make submissions to the commission about the comment; and (b) give a written statement to the commission about the comment. If the entity that provides a written statement under subsection (2)(b) asks that the statement be included in the report, the commission must include the statement, or a fair summary of the statement, in the report.'. 18 Section 173(c)— omit, insert— '(c) if the commission intervenes in the proceedings under the Health Quality and Complaints Commission Act 2006, section 190, the commission.'. w OMAN DN FS SCOmMYNI AN BPW NFO iS) NN Noe NNN On & W& Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Section 214(c)— omit, insert— '(c) if the commission intervenes in the proceedings under the Health Quality and Complaints Commission Act 2006, section 190, the commission.'. rain 367B(2), definition relevant person, paragraph h)— omit, insert— '(h) a commission member or officer under the Health Quality and Complaints Commission Act 2006; . Section 367D(1)(d), after 'Health Rights Commission Act 1997 — insert— 'or Health Quality and Complaints Commission Act 2006'. Section 383(1)(b)— omit, insert— '(b) the commission has, under the Health Quality and Complaints Commission Act 2006, section 62(3), 66(3) or 76(3), advised the registrant's board that the commission intends to conciliate, or continue to conciliate, the complaint.'. Section 385B(6), after 'part 6'°— insert— ', Health Quality and Complaints Commission Act 2006, chapter 6. Co OND ABW N RW Ne rPOoOOmI DAMN Nw 25 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 24 Section 385B(7), definition, relevant interstate law, 'Health Rights Commission Act 1991, part 6'— omit, insert— 'Health Quality and Complaints Commission Act 2006, chapter 6'. 25 After section 405— insert— 'Division 3 Provisions for Health Quality and Complaints Commission Act 2006 '405A Definitions for div 3 'In this division— commencement means the commencement of the provision in which the term is used. Health Rights Commissioner means the Health Rights Commissioner under the repealed Act. repealed Act means the Health Rights Commission Act 1991. '405B Withdrawal of referred complaint 'For section 57, a reference to the commission is taken as a reference to the Health Rights Commissioner if, before the commencement, the complaint was referred to the registrant's board by the Health Rights Commissioner and is withdrawn after the commencement. '405C When investigation must be conducted or continued '(1)_ This section applies if — (a) before the commencement — (i) the Minister who was administering the repealed Act decided, under section 74(7)(b) of that Act, that a complaint about a registrant should be oO WON DN RW Ne nA BW NF OO rPOoOoOMmAN A Nw 24 26Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) referred by the Health Rights Commissioner to the registrant's board for investigation; or (ii) a registrant's board and the Health Rights Commissioner agreed under the repealed Act, section 74(2), or under section 51(2)(a) or (b) of this Act, that a complaint about the registrant was to be investigated by the board; and (b) the registrant's board has not started or finished investigating the complaint. '(2) The registrant's board must investigate, or continue to investigate, the registrant. '405D Reports to commission on investigation by board '(1)_ This section applies if the Health Rights Commissioner was given a report under pre-amended section 116(2) or (3) and had not, before the commencement, given to the board comments under the pre-amended section 116(5). '(2) For section 116(5) and (6), the report is taken to have been given to the commission and to have been received by it when it was received by the Health Rights Commissioner. '(3) In this section— pre-amended, in relation to a section, means the section as in force immediately before the commencement. '405E Board's annual report '(1)_ This section applies if a report mentioned in section 264 is to be made for the financial year 2005-2006. '(2) For section 264(1)(a) and (b) a reference to the commission is taken to be a reference to the Health Rights Commissioner. '405F Notice about board decision 'For section 304(2)(a), a reference to a complaint made to the commission and referred to the board is taken to include a Com ADNHPW NE COmANI ANHW WV iS) Oo NW Noe 25 27 30 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) reference to a complaint made to the Health Rights Commissioner before the commencement and referred to the board. '405G Copy of undertakings 'For section 379(5)(a), a reference to a complaint made to the commission and referred to the board is taken to include a reference to a complaint made to the Health Rights Commissioner before the commencement and referred to the board. '405H Continuing requirement for board to give notice to commission '(1)_ This section applies if— (a) (b) a complaint about a registrant is being dealt with by the registrant's board or a disciplinary body under this Act; and before the commencement the Health Rights Commissioner had, under the repealed Act, section 74(6), 77(3) or 85(8), advised the registrant's board that the commissioner intended to conciliate, or continue to conciliate, the complaint. '(2) The registrant's board must, as soon as practicable after the registrant's board has finished dealing with the complaint under this Act, give the commission notice that no further action is to be taken about the complaint under this Act.'. 26 Schedule, definition commissioner— omit. 27 Schedule— insert— "commencement, for part 13, division 3, see section 405A. COMAANADN FP WNK NY SOMINID NARW NY KO NNNN BRWNF 26 28Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) commission means the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006. Health Rights Commissioner see section 405A. repealed Act, for part 13, division 3, see section 405A.'. 28 Schedule, definition complainant, paragraph (b)— omit, insert— '(b) a person or other entity who made a complaint under the Health Rights Commission Act 1991] that was referred to a board by the Health Rights Commissioner; or (c) a person who makes a complaint under the Health Quality and Complaints Commission Act 2006 that is referred to a board by the commission.'. Health Practitioners (Special Events Exemption) Act 1 Section 15(1), 'Health Rights Commission Act 1991'— omit, insert— 'Health Quality and Complaints Commission Act 2000'. Industrial Relations Act 1999 1 Section 73(2)(f)— insert— 'Gii) a complaint under the Health Quality and Complaints Commission Act 2006;'. nA BB WNe ono NW 12 15 17 21 23 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Medical Practitioners Registration Act 2001 1 Section 156(3)(h)— omit, insert— '(h) the Health Quality and Complaints Commission;'. Medical Radiation Technologists Registration Act 1 Section 135(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. Mental Health Act 2000 1 Section 349(4)(f)— omit, insert— '(f) the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006;'. Nursing Act 1992 1 Section 4, definition commissioner— omit. MBW NY 18 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 2 Section 4— insert— 'commencement, for part 9, division 6, see section 156. commission means the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006. Health Rights Commissioner, for part 9, division 6, see section 156. repealed Act, for part 9, division 6, see section 156.'. 3 Sections 66, 67(3A), 68(3), 101A(2)(a), 102A, 102B, 103(1)(b), 103A, 104(3), 118(2A), and 118A heading and (2), 'commissioner'— omit, insert— 'commission'. 4 Section 102AA(2)— omit, insert— '(2) Also, a complaint may be made about a matter for which a health service complaint could be made under the Health Quality and Complaints Commission Act 2006.' . 5 Section 102B, 'Health Rights Commission Act 1991'— omit, insert— 'Health Quality and Complaints Commission Act 2000'. 6 Section 102C(1)— omit. 7 Section 102C(2) and (3)— renumber as section 102C(1) and (2). C0 OINI DUNK WN RW NRO COMI DWN 21 24 26 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 8 Part 5, division 4A, heading, 'commissioner'— omit, insert— 'commission'. 9 Section 118A(1)(b)— omit, insert— '(b) the commission has, under the Health Quality and Complaints Commission Act 2006, section 62(3), 66(3) or 76(3), advised the council that the commission intends to conciliate, or continue to conciliate, the complaint.'. 10 Section 140B(6), after 'part 6'°— insert— ', Health Quality and Complaints Commission Act 2006, chapter 6. 11 Section 140B(7), 'Health Rights Commission Act 1991, part 6'— omit, insert— 'Health Quality and Complaints Commission Act 2006, chapter 6'. 12 After section 155— insert— 'Division 6 Provisions for the Health Quality and Complaints Commission Act '156 Definitions for div 6 'In this division— commencement means the commencement of the provision in which the term is used. w COWMAND NM fF RW ND & aonrnan 2225 27 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Health Rights Commissioner means the Health Rights Commissioner under the repealed Act. repealed Act means the Health Rights Commission Act 1991. '157 When investigation must be conducted or continued '(1)_ This section applies if— (a) (b) before the commencement— (i) (ii) the Minister who was administering the repealed Act decided, under section 74(7)(b) of that Act, that a complaint about a nurse, midwife or person authorised to practise nursing should be referred by the Health Rights Commissioner to the council; or the council and the Health Rights Commissioner agreed under the repealed Act, section 74(2)(a), or under section 102A(2)(a) of this Act, that a complaint about a nurse, midwife or person authorised to practise nursing was to be investigated by the council; and the council has not started or finished investigating the complaint. '(2) The council must investigate, or continue to investigate, the nurse, midwife or person authorised to practise nursing. '158 Reports to commission on investigation by council '(1)_ This section applies if the Health Rights Commissioner was given a report under pre-amended section 103A(1) or (2) and had not, before the commencement, given to the council comments under the pre-amended section 103A(4). (2) '3) For section 103A(4), the report is taken to have been given to the commission and to have been received by it when it was received by the Health Rights Commissioner. Also, if, before the commencement, the Health Rights Commissioner gave comments to the council under the pre-amended section 103A(4), the council must have regard to CMAN DN fF FPO OM NDMNBPWYNY KO Nw 2426 2831 (4) Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) the comments in making a decision after the commencement about the action it intends to take about the complaint or other matter the subject of the investigation. In this section— comments includes information or recommendations. pre-amended, in relation to a section, means the section as in force immediately before the commencement. '159 Continuing requirement for council to give notice to commission '(1)_ This section applies if— (2) (a) (b) a complaint about a nurse, midwife or person authorised to practise nursing is being dealt with by the council or tribunal under part 5; and before the commencement the Health Rights Commissioner had, under the repealed Act, section 74(6), 77(3) or 85(8), advised the council that the commissioner intended to conciliate, or continue to conciliate, the complaint. The council must, as soon as practicable after the council or tribunal has finished dealing with the complaint under this Act, give the commission notice that no further action is to be taken about the complaint under this Act.'. Occupational Therapists Registration Act 2001 1 Section 120(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. NAD WN BP WNeR \o oo NX SCO AADNH WNKY CO NW NOR 25Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Ombudsman Act 2001 1 Section 16(2)(g), after '1991'— insert— 'or the Health Quality and Complaints Commission Act 20006' . 2 Schedule 3, definition complaints entity, examples, third dot point'— omit, insert— ' ¢ the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006' . Optometrists Registration Act 2001 1 Section 120(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. Osteopaths Registration Act 2001 1 Section 120(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. A oman rN aN 12 16 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Parliament of Queensland Act 2001 Section 67(1)(j)— omit, insert— 'g) a commission member under the Health Quality and Complaints Commission Act 2006; . Personal Injuries Proceedings Act 2002 Section 9(6), from 'if the claimant—'— omit, insert— "if— (a) the claimant— (i) (ii) has made a health service complaint about the person against whom the proceeding is proposed to be started to the Health Rights Commissioner under the Health Rights Commission Act 1991 within the period prescribed for making a complaint under that Act; and gives part 1 of the notice to the person as soon as practicable after the complaint is finalised under the Health Rights Commission Act 1991 or Health Quality and Complaints Commission Act 2006; or (b) the claimant— (i) has made a health service complaint about the person against whom the proceeding is proposed to be started to the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006 within the period prescribed for making a complaint under that Act; and nak WN SOM ANBRWNK OO NY WY — NNNNNYNNY ACAADNBRWNY Health Quality and Complaints Commission Bill 2006 (ii) Schedule 3 (continued) gives part 1 of the notice to the person as soon as practicable after the complaint is finalised under the Health Quality and Complaints Commission Act 2006.'. Section 9A(6A), from 'if the claimant—'— omit, insert— "if— (a) the claimant— (i) (ii) has made a health service complaint about the person against whom the proceeding is proposed to be started to the Health Rights Commissioner under the Health Rights Commission Act 1991 within the period prescribed for making a complaint under that Act; and gives the initial notice to the person as soon as practicable after the complaint is finalised under the Health Rights Commission Act 1991 or Health Quality and Complaints Commission Act 2006; or (b) the claimant— (i) (ii) has made a health service complaint about the person against whom the proceeding is proposed to be started to the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006 within the period prescribed for making a complaint under that Act; and gives the initial notice to the person as soon as practicable after the complaint is finalised under the Health Quality and Complaints Commission Act 2006.'. omni nn BRWNr CADN BRWNrK CO \o 222426 2830 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Personal Injuries Proceedings Regulation 2002 1 Section 3(8)(e)— omit, insert— '(e) if the injured person made a complaint to the Heath Rights Commission under the Health Rights Commission Act 1991 or the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006, about a person alleged to have caused the personal injury— (i) _ the date the complaint was made; and Gi) if the complaint was finalised under the Health Rights Commission Act 199] or the Health Quality and Complaints Commission Act 2006, brief details of how the complaint was dealt with under the relevant Act and the date the complaint was finalised;'. Pharmacists Registration Act 2001 1 Section 124(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. Physiotherapists Registration Act 2001 1 Section 120(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. OMAIADNAH WW — So PRP Ree DNnkWNne 1923Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Podiatrists Registration Act 2001 1 Section 120(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. Prostitution Act 1999 1 Section 135(2), definition health service, paragraph (b)— omit, insert— '(b) aservice specified in the Health Quality and Complaints Commission Act 2006, schedule 1, part 1.'. 2 Section 135(2), definition health service provider, paragraph (a), 'Health Rights Commission Act 19917— omit, insert— 'Health Quality and Complaints Commission Act 2000'. Psychologists Registration Act 2001 1 Section 136(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. on nN Oo 13 16Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Public Health Act 2005 1 Section 157(2), definition relevant entity, paragraph (a)— omit, insert— '(a) the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006; or'. Public Health (Infection Control for Personal Appearance Services) Act 2003 1 Schedule 2, definition health service, 'schedule 1, part 1 of the Health Rights Commission Act 19917— omit, insert— 'the Health Quality and Complaints Commission Act 2006, schedule 1, part 1'. Public Service Act 1996 1 Schedule 1, item 5— omit, insert— '5 Office of the Health Quality Chief executive officer'. and Complaints Commission DAnk WN 11 13 16 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Public Service Regulation 1997 1 Schedule 2, item 13— omit, insert— '13 Health Quality and Complaints Commission Act 2006 a commission member or the chief executive officer'. Residential Services (Accreditation) Act 2002 1 Section 177(3), definition prescribed Act, paragraph (b)— omit, insert— '(b) the Health Quality and Complaints Commission Act 2006; or'. Speech Pathologists Registration Act 2001 1 Section 120(3)(h)— omit, insert— '(h)_ the Health Quality and Complaints Commission;'. an WN 13Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Statutory Bodies Financial Arrangements Regulation 1 1997 2 1 Schedule 2, entry for 'Health Rights Commission Act 3 19917 — omit, insert— 5 'Health Quality and Complaints Health Quality and Complaints Commission Act 2006 Commission'. Health Quality and Complaints Commission Bill 2006 Schedule 4 Other amendments section 241(2) Dental Technicians and Dental Prosthetists Registration Act 2001 Section 125(1), examples of an individual taking or using a restricted title, 'describes'— omit, insert— 'describing'. Section 125(1), examples of an individual taking or using a restricted title, full stop— omit. Section 125(1), examples of a corporation taking or using a restricted title, 'describes'— omit, insert— 'describing'. Section 125(1), examples of a corporation taking or using a restricted title, full stop— omit. Health Act 1937 After section 101A— insert, as section 102, section 102 of the Health Act 1937 as that Act was in force immediately before the commencement of the A onan nA & WN ND 22 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) Health Legislation Amendment Act 2005, schedule, amendments of Health Act 1937, amendment 3. Health Practitioners (Professional Standards) Act 1 Section 289(1), '288(5)'— omit, insert— "288(4)'. 2 Section 331(2)(a), 'or could not'— omit, insert— 'and could not'. 3 Section 400(2) and (3), 'part 14'°— omit, insert— 'part 14 of this Act as originally enacted'. Health Services Act 1991 1 Section 13(1)(b)— omit, insert— '(b) is an insolvent under administration within the meaning of the Corporations Act, section 9; or' 12 16 18 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) Section 29(1), at the end of paragraphs (a) and (b)— insert— on? or. Section 57A, heading, 'section 57'— omit, insert— 's 57. Section 68(2), at the end of paragraphs (a) to (g)— insert— on? or. Section 68(2)(c), at the end of subparagraph (i)— insert— on? or. Hospitals Foundations Act 1982 Section 8(1), at the end of paragraphs (a) to (c)— insert— 'and'. Section 13, 'are—'— omit, insert— 'are the following—'. 11 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) Section 15(1), 'power—'— omit, insert— 'the following—'. Section 18(3), 'and' occurring at the end of paragraphs (a) to (c)— omit. Section 26, at the end of paragraphs (a) and (b)— insert— on? or. Section 26, paragraph (d)— renumber as paragraph (c). Section 26, 'paragraph (d)'— omit, insert— "paragraph (c)'. Section 27, at the end of paragraph (a)— insert— on? or. Section 36(2), at the end of paragraph (a)— insert— on? or. Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) 10 Section 46(2) and (3), at the end of paragraph (a)— insert— 'and'. Nursing Act 1992 1 Section 43(2), '10/— omit. 2 Section 72(1), 'subsection (2)'— omit, insert— "subsection (4)'. 3 Section 73, '72(2)'— omit, insert— *72(4)'. 4 Section 77H(3)(a), (e)(iii) and (4), 'in the practise'— omit, insert— "in the practice'. 5 Section 771(2)(a) and (e)(iii), 'practise'— omit, insert— 'practice'. Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) 6 Section 139A(3), 'subsection (3)'— omit, insert— "subsection (2)'. Pest Management Act 2001 1 Schedule 3, definition registered training organisation, 'Training and Employment Act 2000'-— omit, insert— 'Vocational Education, Training and Employment Act 2000'. Public Health Act 2005 1 Section 158, definition teacher— omit, insert— 'teacher means an approved teacher under the Education (Queensland College of Teachers) Act 2005, but does not include the principal of a school.'. 2 Section 251— insert— 'HPV means the group of human papilloma viruses that can cause infection in the skin surface of different areas of the body, including the genital area. HPV sample means the cells collected from a woman's cervix for the purpose of testing them for the presence of the DNA of HPV. on an BRWN FF CO COMI DWN 22 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) HPV test means the process of testing a HPV sample for the presence of the DNA of HPV.'. Section 251, definition clinical information, paragraph (a), 'and histology tests'— omit, insert— ', histology tests and HPV tests'. Section 251, definition provider, paragraph (a), 'or histological sample'— omit, insert— «, histological sample or HPV sample'. Sections 252, 254(c), 256, 259(1) and (3), 265(2)(a) and (c), 273(2\(a) and (3)(b) and 275(4)(b), 'or histological sample'— omit, insert— «, histological sample or HPV sample'. Chapter 6, part 3, division 3 heading, 'and histological samples'— omit, insert— ', histological samples and HPV samples'. Sections 257(3), 258(4) and 273(3)(a), 'or histology test'— omit, insert— ', histology test or HPV test'. Sections 275(4)(d)(i) and 276(3)(a)(i), 'or histology tests'— omit, insert— «, histology tests or HPV tests'. nN NN BW Ne \o worn nN &B WNre Co OND 21 24 '277 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) Section 276(3)(a), 'or histological samples'— omit, insert— ', histological samples or HPV samples'. Section 277, heading— omit, insert— Agreement for sending out notice under s 260, 261 or 262'. Section 332(2)(b), 'emergency officer (general), and'— omit, insert— "emergency officer (general) and'. Schedule 2— insert— 'HPV, for chapter 6, part 3, see section 251. HPV sample, for chapter 6, part 3, see section 251. HPV test, for chapter 6, part 3, see section 251.'. Public Health (Infection Control for Personal Appearance Services) Act 2003 Schedule 2, definition registered training organisation, 'Training and Employment Act 2000'— omit, insert— 'Vocational Education, Training and Employment Act 2000'. w NAD NW fF \o ow nA BW NY 17 19 21 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) Research Involving Human Embryos and Prohibition of Human Cloning Act 2003 Section 21, definition proper consent, paragraph (a), (ase) Guidelines on Assisted Reproductive Technology 1996)'— omit, insert— 'Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research (2004)'. Tobacco and Other Smoking Products Act 1998 Section 26Q, definition community titles scheme, 'section 11'— omit, insert— "section 10'. Section 26Q, definition Jot, 'schedule 4'— omit, insert— 'schedule 6'. Transplantation and Anatomy Act 1979 Section 4(1), definition hospital, at the end of paragraph N OND NSW Ww NY FO 19 21 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) Section 12E, at the end of paragraphs (a) and (b)— insert— 'and'. Section 15, at the end of paragraphs (a) and (b)— insert— on? or. Section 38(3), 'or (2)'— omit. Health Quality and Complaints Commission Bill 2006 Schedule 5 Dictionary section 7 accepted representations see section 26(2). assistant commissioner means a Health Quality and Complaints Assistant Commissioner appointed under section 149. authorised person means a person appointed by the commission under section 116. chief executive means the chief executive officer of the office. chief health officer means the chief health officer under the Health Services Act 1991, section 57B. code see section 31(1). commencement for chapter 15, part 2, see section 219. commission means the Health Quality and Complaints Commission established under section 11(1). commissioner means the Health Quality and Complaints Commissioner appointed under section 148. commission member means the commissioner or an assistant commissioner. commission officer means the chief executive or another member of the staff of the office. commission standard means a standard made under section 22. complainant— (a) generally, means— (i) aperson who makes a health quality complaint or a health service complaint; or (ii) a person substituted, under section 43, for a person who makes a health service complaint; or (b) for chapter 7, part 3, see section 90. 0 ONY ANH W Com AD WH WN KO Nw ro NN WN NY N na & NW mon NW ow ww Oo Health Quality and Complaints Commission Bill 2006 Schedule 5 (continued) completion notice means— (a) for a registration board other than the Queensland Nursing Council—a notice under the Health Practitioners (Professional Standards) Act 1999, section 383; or (b) for the Queensland Nursing Council—a notice under the Nursing Act 1992, section 118A; or (c) for another entity—notice that the entity has finished dealing with the complaint. conciliation means the process of conciliation under chapter 6. conciliator means a commission officer to whom the commission's function of conciliating health service complaints has been delegated under section 166. convicted of an indictable offence includes convicted of an indictable offence dealt with summarily, whether or not the Criminal Code, section 659 applies to the indictable offence. conviction means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded. coroner see the Coroners Act 2003, schedule 2. detriment includes— (a) personal injury or prejudice to safety; and (b) property damage or loss; and (c) intimidation or harassment; and (d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and (e) threats of detriment; and (f) financial loss from detriment. disciplinary body means— (a) adisciplinary committee; or COMA ND WKWN COMA ANIDN PWN KO NY w&e NY NY NY WY nN BB WN NNW ona Ww WwW NY NF Oo 0 Health Quality and Complaints Commission Bill 2006 Schedule 5 (continued) (b) the Health Practitioners Tribunal; or (c) the Nursing Tribunal; or (d) a professional conduct review panel; or (e) a registration board acting under the Health Practitioners (Professional Standards) Act 1999. disciplinary committee means a disciplinary committee established under the Health Practitioners (Professional Standards) Act 1999, section 128(1)(b). district health council means a district health council established under the Health Services Act 1991, section 7. enrolled nurse see the Nursing Act 1992, section 4. former commission for chapter 15, part 2, see section 219. former commissioner for chapter 15, part 2, see section 219. health complaint see section 35. Health Practitioners Tribunal means the Health Practitioners Tribunal established under the Health Practitioners (Professional Standards) Act 1999, section 26. health quality complaint see section 36. health rights means the rights of an individual relating to the provision of a health service. health service see section 8. health service complaint see section 37. health service facility means a facility at which health services mentioned in schedule 1, part 1 are usually provided. hospital means a public sector hospital, a private health facility or the Mater Misericordiae Public Hospitals. Human Rights and Equal Opportunity Commission, of the Commonwealth, means the Human Rights and Equal Opportunity Commission established by the Human Rights and Equal Opportunity Commission Act 1986 (Cwlth). CAND NH WN CSCO OANIDN FP WN KF CO Nw WY oe NN BW NN nun WNNN ounaNn Health Quality and Complaints Commission Bill 2006 Schedule 5 (continued) Information Commissioner means the Information Commissioner appointed under the Freedom of Information Act 1992. inquiry means an inquiry by the commission under chapter 8. inquiry matter means a matter in relation to which an inquiry is conducted. inquiry member see section 96(1). midwife see the Nursing Act 1992, section 4. notice means written notice. Nursing Tribunal means the Nursing Tribunal under the Nursing Act 1992. obstruct includes— (a) assault, threaten, abuse, insult, intimidate or hinder; and (b) attempt to obstruct. office means the Office of the Health Quality and Complaints Commission established under section 174(1). possession, in relation to a person having something in possession, means possession or control in any place— (a) whether for the use or benefit of the person in relation to whom the term is used or another person; and (b) whether or not another person has actual possession or custody. presiding member see section 97. Privacy Commissioner, of the Commonwealth, means the Privacy Commissioner appointed under the Privacy Act 1988 (Cwlth). private health facility see Private Health Facilities Act 1999, section 8. professional conduct review panel means a professional conduct review panel established under the Health Practitioners (Professional Standards) Act 1999, section 15. proposed action see section 25(1)(c). Co mMWmrAN DWN FF WNe CN DN FF WN FO iS) ow NN Noe N w NNW Nuns NN on WwWhN row w N Health Quality and Complaints Commission Bill 2006 Schedule 5 (continued) provider— (a) generally, see section 9; or (b) for chapter 7, part 3, see section 90. public sector hospital see the Health Services Act 1991, section 2. record includes any document. registered provider means a person registered by a registration board and includes an enrolled nurse and a midwife. registration board— (a) means an entity mentioned in schedule 2; and (b) in relation to a registered provider means the registration board that registered the provider or, for an enrolled nurse or midwife, the Queensland Nursing Council. repealed Act means the Health Rights Commission Act 1991 as in force from time to time before its repeal. reprisal means a reprisal as mentioned in section 193(3). seized thing see section 138(1). show cause notice see section 25(1). show cause period see section 25(1)(d). State Coroner means the State Coroner under the Coroners Act 2003. takes a reprisal means the taking of a reprisal as mentioned in section 193(3). user see section 10. witness requirement notice see section 106(1). © State of Queensland 2006 CAN DWF WN Co mWmrN DN FWNY KF CO iS) Oo NW Noe NN BW NN n wn