Health Transparency Bill 2019 (Qld)

An Act to facilitate the publication and collection of information about public facilities and private facilities that provide health services, and to amend this Act, the Corrective Services Act 2006, the Health Ombudsman Act 2013, the Health Practitioner Regulation National Law Act 2009, the Hospital and Health Boards Act 2011, the Police Powers and Responsibilities Act 2000, the Private Health Facilities Act 1999, the Public Health Act 2005, the Youth Justice Act 1992 and the Youth Justice Regulation 2016 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Health Transparency Act 2019.

2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) sections 3 to 6; (b) parts 2 to 5; (c) part 6, other than division 4, subdivisions 1 and 2; (d) schedules 1 and 2.

3 Purposes of Act The purposes of this Act are— (a) to improve the transparency of the quality and safety of health services provided in Queensland; and (b) to help people make better-informed decisions about their health care.

4 How purposes are achieved The purposes of this Act are achieved by enabling the publication and collection of particular types of information about public sector health service facilities, private health facilities, State aged care facilities and private residential aged care facilities.

5 Act binds all persons (1) This Act binds all persons, including the State. (2) However, the State can not be prosecuted for an offence against this Act.

6 Definitions The dictionary in schedule 1 defines particular words used in this Act.

Part 2 Information to which Act applies

7 Information to which Act applies (1) This Act applies to— (a) general information about— (i) public sector health service facilities; and (ii) private health facilities; and (iii) State aged care facilities; and (iv) private residential aged care facilities; and (b) quality and safety information about— (i) public sector health service facilities; and (ii) private health facilities; and (c) residential care information about— (i) State aged care facilities; and (ii) private residential aged care facilities. (2) This Act applies to information mentioned in subsection (1) that is— (a) publicly available; or (b) given to the chief executive under or in relation to the administration of this Act; or (c) held by the chief executive as a result of obtaining or having access to the information, or information from which the information was derived— (i) under a service agreement under the Hospital and Health Boards Act 2011, section 35; or (ii) under the Hospital and Health Boards Act 2011, section 138F or 138M; or (iii) because of a report given under the Private Health Facilities Act 1999, section 144; or (iv) under the Public Health Act 2005, section 217 or 218. (3) Subsection (2)(c) applies to information held by the chief executive on or after the commencement.