Health Services Act 2016 (WA)

Western Australia Health Services Act 2016 Western Australia Health Services Act 2016 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Act binds the State 1 4. Objects of this Act 1 5. Medicare principles 1 6. Terms used 1 7. Meaning of health service and public health service 1 7A. What are successor health service providers for former public hospitals 1 8. Meaning of hospital and public hospital 1 9. Application of Act to hospital where mentally ill treated 1 Part 2 — The Minister 10. Ministerial Body established 1 11. Purpose and nature of Ministerial Body 1 12. Execution of documents by Ministerial Body 1 13. Minister's general powers 1 14. Minister's powers in relation to business arrangements 1 15. Delegation by Minister 1 16. Power to delegate under Health Legislation Administration Act 1984 excluded 1 17. Role of Mental Health Minister not affected 1 Part 3 — The Department CEO Division 1 — Role of Department CEO 18. Administration of this Act 1 19. Management of the WA health system 1 20. Functions of Department CEO 1 20A. Works and clinical commissioning 1 21. Powers of Department CEO 1 22. Staff who are not public servants 1 23. Department CEO may provide, or arrange for the provision of, certain services and facilities 1 24. Delegation by Department CEO 1 25. Power to delegate under Health Legislation Administration Act 1984 excluded 1 Division 2 — Policy frameworks 26. Department CEO may issue policy frameworks 1 27. Policy framework is binding 1 Division 3 — Department CEO directions 28. Department CEO may issue directions 1 29. Relationship between Department CEO direction and other instruments and directions 1 30. Department CEO direction is binding 1 31. Department CEO direction must be given to chief executive and to board 1 Part 4 — Health service providers Division 1 — Establishment 32. Establishment of health service provider 1 33. Status of health service provider 1 Division 2 — Functions and powers 34. Functions 1 35. Commercial and other activities 1 36. General powers 1 36A. Joint arrangements 1 36B. Power to borrow 1 36C. Guarantees 1 36D. Restricted power to enter arrangements on behalf of other health service providers or State 1 36E. Health service providers may provide services to each other 1 37. Restrictions on power to dispose of land 1 38. Transactions that require agreement or approval 1 39. Exemptions from section 38 1 40. Delegation 1 41. Execution of documents by health service provider 1 42. Contract formalities 1 Part 5 — Service agreements Division 1 — Preliminary 43. Terms used 1 Division 2 — Commission service agreements 44. Head agreement between Department CEO and Commission CEO 1 45. Commission CEO and health service provider may enter into service agreement 1 Division 3 — Service agreements generally 46. Department CEO and health service provider must enter into service agreement 1 47. Department CEO may decide on terms of service agreement 1 48. General provisions about service agreements 1 49. Term of service agreement 1 50. Procedure to amend service agreement 1 51. Service agreement may provide for Department CEO to carry out specified functions 1 52. Review and report on service agreements 1 53. Other agreements for provision of services 1 Part 6 — Fees and charges for health services and other matters 53A. Terms used 1 53B. What is compensation 1 54. Effect of National Health Agreement 1 55. Fees and charges for provision of health services 1 56. Minister may fix fees and charges for health services 1 57. Liability of persons for health service fees and charges 1 57A. Liability for, and right to recover, compensable charges for health services 1 57B. Liability for, and right to recover, compensable charges for former hospital services 1 57C. Waiving or refunding compensable charges payable under section 57A or 57B 1 57D. Recovering amounts from compensation payer in relation to compensable charges 1 58. Regulations about recovery of compensable charges 1 59. Fees and charges for other services, goods and facilities 1 Part 7 — Accountability and financial provisions Division 1 — Accountability 60. Minister may give directions 1 61. Minister to have access to information 1 Division 2 — Financial provisions 62. Application of Financial Management Act 2006 and Auditor General Act 2006 1 63. Health funding arrangements under the National Health Agreement 1 64. Health service provider account 1 65. Health service provider's funds 1 66. Notice of financial difficulty 1 66A. Department CEO response to notice of financial difficulty 1 66B. Minister's response to notice of financial difficulty 1 67. Department CEO's power to require financial information 1 68. Various documents exempt from duty 1 69. Local governments may fund health services 1 Part 8 — Administration of health service providers Division 1 — Governance 70. Health service provider may be governed by board or chief executive 1 Division 2 — Boards Subdivision 1 — Constitution and procedures 71. Constitution of health service provider's board 1 72. Chairperson and deputy chairperson 1 73. Deputy chairperson acting as chairperson 1 74. Alternate members 1 75. Remuneration and allowances 1 76. Term of office 1 76A. Removing board members from office 1 77. Casual vacancies 1 78. Leave of absence 1 78A. Delegation 1 Subdivision 2 — Duties and personal interests 79. Duties of board and committee members 1 80. Disclosure of material personal interest 1 81. Voting by interested member 1 82. Section 81 may be declared inapplicable 1 83. Quorum where section 81 applies 1 84. Minister may declare sections 81 and 83 inapplicable 1 Subdivision 3 — Meetings 85. Holding meetings 1 86. Quorum 1 87. Procedure at meetings 1 88. Voting 1 89. Holding meetings remotely 1 90. Resolution without meeting 1 91. Minutes 1 Subdivision 4 — Committees 92. Committees 1 93. Remuneration and allowances 1 Division 3 — Appointment of advisers to board, administrators, dismissal of board 94. Term used: adviser 1 95. Minister may appoint advisers to boards 1 96. Terms and conditions of appointment as adviser 1 97. Functions of advisers 1 98. Obligations of board in relation to advisers 1 99. Minister may appoint administrator for health service provider 1 100. Terms and conditions of appointment as administrator 1 101. Role of administrator 1 102. Minister may dismiss all members of board 1 Part 9 — Health service provider employment Division 1 — Preliminary 103. Term used: employing authority 1 104. Application of PSM Act 1 Division 2 — Health Executive Service Subdivision 1 — Purposes and composition of the Health Executive Service 104A. Purposes of Health Executive Service 1 105. Composition of Health Executive Service 1 Subdivision 2 — Chief executives 106. Chief executive 1 107. Functions and powers of chief executive 1 108. Appointment of chief executive 1 109. Procedure for appointment of chief executive 1 110. Remuneration and leave entitlements 1 111. Contract of employment 1 112. Appointment of health service provider employee or public service officer 1 113. Reappointment of chief executive 1 114. Performance criteria for chief executive and review of performance 1 115. Removal from office 1 116. Transfer from office 1 117. Acting chief executive 1 118. Employment of chief executive cannot be litigated and is not an industrial matter 1 119. Delegation 1 120. Modification of PSM Act delegation provision 1 Subdivision 3 — Health executives 121. Appointment of health executives 1 122. Reappointment of health executive 1 123. Transfer of health executives 1 123A. Acting health executives 1 124. Performance assessment 1 125. Termination of contract of employment by employing authority 1 Subdivision 4 — General provisions about chief executives and health executives 126. Terms used 1 127. Conditions of employment 1 128. Employment of chief executives and health executives governed by contract of employment 1 129. Content of contract of employment 1 130. Termination of contract of employment by executive 1 131. Notification or payment in lieu if executive is not reappointed 1 132. Right of return for certain executives 1 133. Compensation if executive has no right of return 1 134. Repayment of compensation 1 135. Election to take compensation instead of right of return 1 136. Secondment of executive 1 137. Vacation of office of executive 1 138. Operation of Division 1 Division 3 — Other staff 139. Division does not apply to Health Executive Service 1 140. Employees of health service provider 1 141. Transfers between health service providers or between health services providers and the Department 1 142. Secondment of employee 1 143. Contracts for services 1 Part 10 — Criminal and misconduct matters concerning employees 144. Terms used 1 145. Duty of staff member to report certain criminal conduct and misconduct findings 1 146. Further reporting and notification 1 147. Suspending employee if health practitioner registration is suspended or becomes conditional 1 148. Suspending employee pending decision in relation to serious offence 1 149. Salary during suspension 1 150. Disciplinary or improvement action where registration suspended or conditional or in case of serious offence 1 151. Protection of patients to be paramount consideration 1 152. Power of employing authority to take improvement or other action not limited 1 153. Appeals and referrals 1 Part 11 — Substandard performance and disciplinary matters Division 1 — General 154. Application and effect of Part 1 155. Application of Part in respect of former employees 1 156. Power of employing authority to take improvement or other action not limited 1 157. Inconsistent provisions, instruments and contracts 1 Division 2 — Substandard performance 158. What is substandard performance 1 159. Powers in relation to substandard performance 1 Division 3 — Disciplinary matters 160. Term used: lawful redeployment breach of discipline 1 161. What is a breach of discipline 1 162. Options in relation to suspected breach of discipline 1 163. Dealing with disciplinary matter 1 164. Action against employee pending decision on breach of discipline 1 165. Special disciplinary inquiries 1 166. Consequence of report of special disciplinary inquiry 1 167. Notification of outcome of disciplinary matter 1 168. Termination of other employment if employee is dismissed 1 169. Payment and recovery of fine 1 170. When disciplinary action can be taken 1 Division 4 — Industrial matters for purposes of Industrial Relations Act 1979 171. Certain decisions and findings are industrial matters for purposes of Industrial Relations Act 1979 1 Part 12 — Redeployment and redundancy of employees 174. Application of PSM Act Part 6 and regulations made for the purposes of that Part 1 174A. Lawful directions under applied provisions 1 Part 13 — Investigations, inspections and audits 175. Department CEO may investigate, inspect or audit health service provider 1 176. Procedures 1 177. Powers of Department CEO 1 178. Incriminating information or answers 1 179. Liability for complying with requirement 1 180. Failure to comply with requirement 1 181. False information 1 Part 14 — Inquiries 182. Terms used 1 183. Department CEO may conduct inquiry 1 184. Preliminary matters 1 185. Procedure 1 186. Hearings 1 187. Inquirer's powers 1 188. Failure to comply with requirements of notice 1 189. Incriminating answers or documents 1 190. Disruption of inquiry 1 191. False information 1 192. Protection for certain purposes 1 193. Reports 1 Part 15 — Changes to health service providers Division 1 — Transfers of property between health entities 194. Minister may order transfer of assets, rights or liabilities 1 Division 2 — Changes to, or abolition of, health service provider 195. Amendment of order establishing health service provider 1 196. Abolition, amalgamation, merger or division of health service provider 1 197. Order may include savings and transitional provisions 1 198. Change of name 1 199. Board of health service provider 1 200. Transfer of assets, rights and liabilities 1 201. Former accounts 1 Division 3 — General provisions 203. Registration of documents 1 204. Exemption from State tax 1 205. Transitional regulations 1 206. Effect of other instruments, rights and obligations 1 Part 16 — Control of conduct and traffic on health service provider land 207. Term used: health service provider land 1 208. Declaration of health service provider land 1 209. Regulations about conduct on, and use of, health service provider land 1 210. Regulations about management and control of traffic 1 211. Requirement to leave health service provider land 1 212. Proceedings and payment of penalties 1 Part 17 — Information Division 1 — General 213. Terms used 1 214. Health information management systems 1 215. Information held in health information management system 1 Division 2 — Disclosure of information 216. Collection, use and disclosure of information by Department CEO 1 217. Disclosure of information by health service provider 1 217A. Disclosure of health information in health information management system under legal process 1 218. Requesting information 1 Division 3 — Confidentiality 219. Confidentiality 1 220. Authorised collection, use or disclosure of information 1 221. Regulations relating to information 1 Part 18 — Miscellaneous Division 1 — Legal proceedings 222. Commencement of prosecutions 1 223. Appointments and signatures taken to be proved 1 224. Documentary evidence of certain matters 1 225. Evidence Act 1906 not affected 1 Division 2 — Miscellaneous 226. Protection from liability for persons exercising functions 1 227. Minister and health service providers not required to be registered 1 228. Modifications for purposes of Workers Compensation and Injury Management Act 2023 Part 7 Division 2 1 229. Laying documents before House of Parliament not sitting 1 230. Regulations — general power 1 231. Regulations may adopt codes or legislation 1 Division 3 — Review of Act 232. Review of Act 1 Part 19 — Transitional and savings matters Division 1 — Interpretation 233. Terms used 1 Division 2 — Boards and ministerial control 234. Boards abolished and Minister ceases to control hospitals 1 235. Immunity continues 1 Division 3 — Hospital boards' assets, rights and liabilities 236. Division does not apply to land reserved under the Queen Elizabeth II Medical Centre Act 1966 1 237. Transfer to health service provider or Ministerial Body 1 238. Transfer orders 1 239. Correction of errors in transfer orders 1 240. Reserves 1 241. Registration of documents 1 242. Hospital boards to complete necessary transactions 1 243. Exemption from State tax 1 244. Operating accounts of hospital boards 1 Division 4 — Staff 245. Employees of hospital boards 1 246. Preservation of rights 1 Division 5 — Continuation of certain things 247. Completion of things done 1 248. Continuing effect of things done 1 249. Agreements, instruments, proceedings and remedies generally 1 Division 6 — Quadriplegic Centre 250. Terms used 1 251. Quadriplegic Centre continued 1 252. Quadriplegic Centre board members 1 253. Staff members 1 254. Preservation of rights 1 255. Transfer of contracts for services 1 Division 7 — Other matters 256. Transitional regulations 1 257. Effect of other instruments, rights and obligations 1 258. Interpretation Act 1984 not affected 1 Part 20 — Transitional, saving and validation provisions for the Health Services Amendment Act 2023 Division 1 — Validation of acts done by or on behalf of the State 259. Terms used 1 260. Validation of pre‑commencement conduct in relation to health interests 1 261. Particular entities performing health services taken to be contracted health entities performing public health services 1 262. Validation of acts done by Department CEO or authorised person in relation to land not held by Minister or Ministerial Body 1 263. Validation of declarations of health service provider land under s. 208 1 264. Exemption from State tax 1 Division 2 — Transitional provisions about reserves on eligible Crown land 265. Terms used 1 266. Change of management body of Crown reserves in relation to eligible Crown land 1 267. Changing particular condition in particular reserves over eligible Crown land by order 1 268. Validity of leases, subleases and licences entered into by granting entity in relation to eligible Crown land 1 269. Exemption from State tax 1 270. Registration of documents 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Health Services Act 2016 An Act to — * provide for health services in Western Australia; * make consequential amendments to the Hospitals and Health Services Act 1927 and other Acts; * repeal various enactments.