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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 71
Health
Services Amendment Bill 2018
Ms
Fyles
A Bill for an Act to amend the Health Services Act
NORTHERN TERRITORY OF AUSTRALIA
HEALTH SERVICES AMENDMENT ACT 2018
____________________
Act No. [ ] of 2018
____________________
Table of provisions
33A Delegation
by COO
70
Offence to disclose
certain information
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2018
____________________
An Act to amend the Health Services Act
[Assented to [ ] 2018]
[Introduction [ ] 2018]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Health Services Amendment Act 2018.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Health Services Act.
4 Section 7 amended (Definitions)
(1) Section 7, definitions Board, chairperson, deputy chairperson, Health Service Board, Medicare Local and member
omit
(2) Section 7
insert (in alphabetical order)
Primary Health Network, for the Territory, means the entity established as the Primary Health Network for the Territory for the purposes of the National Health Reform Agreement agreed by COAG on 2 August 2011, as amended from time to time.
5 Section 12 amended (Health Services)
(1) Section 12(2)
omit
governed by a Health Service Board which is
(2) Section 12(4)
omit
Part 4, Division 3
repeal
7 Section 30 amended (Appointment of Chief Operating Officer)
(1) Section 30(2)
omit
with the agreement of the Board for the Service
(2) Section 30(4)
omit
in consultation with the Board for the Service
8 Section 32 amended (Functions of COO)
(1) Section 32(2)(b)
omit
after they have been approved by the Board
(2) Section 32(3), (4) and (5)
omit, insert
(3) The COO of a Service, in performing the COO's functions, is:
(a) accountable to the CEO for:
(i) the performance of the Service in providing health services; and
(ii) the financial management of the Service; and
(b) subject to the lawful directions of the CEO.
9 Section 33 amended (Powers of COO)
Section 33(b)
omit
After section 33, in Part 4, Division 4
insert
(1) The COO of a Service may delegate any of the COO's powers or functions under this Act to an appropriately qualified employee in the Service.
(2) In this section:
appropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power or performance of the function.
Note for definition appropriately qualified
Standing refers to a person's classification level or how senior the person is in the Service.
11 Sections 39, 42 and 43 repealed
Sections 39, 42 and 43
repeal
12 Section 44 amended (Variation of SDA)
Section 44(3)
omit
13 Section 47 amended (Annual report by Service to Minister)
(1) Section 47, heading
omit
by
insert
on
(2) Section 47(1)
omit, insert
(1) The Department must give the Minister an annual report that includes information about the performance of each Service.
14 Sections 65 and 66 repealed
Sections 65 and 66
repeal
15 Section 67 amended (Obstruction of authorised officer)
(1) Section 67(1)(a), before "obstructs"
insert
intentionally
(2) Section 67(1)(c)
omit, insert
(c) the authorised officer is acting in an official capacity and the person has knowledge of that circumstance.
16 Section 68 amended (Misleading information)
(1) Section 68(1)(a), before "gives"
insert
intentionally
(2) Section 68(1)(c) and (d)
omit, insert
(c) the information is misleading and the person has knowledge of that circumstance; and
(d) the authorised officer is acting in an official capacity and the person has knowledge of that circumstance.
(3) Section 68(2)(a), before "gives"
insert
intentionally
(4) Section 68(2)(c) and (d)
omit, insert
(c) the document contains misleading information and the person has knowledge of that circumstance; and
(d) the authorised officer is acting in an official capacity and the person has knowledge of that circumstance.
17 Section 69 amended (Falsely representing to be authorised officer)
(1) Section 69(a), before "represents,"
insert
intentionally
(2) Section 69(b)
omit, insert
(b) the representation is false and the person has knowledge of that circumstance.
18 Section 70 and Part 8 replaced
Section 70 and Part 8
repeal, insert
70 Offence to disclose certain information
(1) A person commits an offence if:
(a) the person obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; and
(b) the information is confidential and the person is reckless in relation to that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in the disclosure of the information and the disclosure is not:
(i) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or
(ii) to a person who is otherwise entitled to the information; and
(e) the person is reckless in relation to the result and circumstance mentioned in paragraph (d).
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(2) Strict liability applies to subsection (1)(a).
(3) If the information mentioned in subsection (1) relates to a person, it is a defence to a charge for an offence against that subsection if the person has consented to the disclosure of the information.
(4) Without limiting subsection (1)(d)(i), a disclosure is authorised for this Act in any of the following circumstances:
(a) the information is provided to the Commonwealth by the System Manager;
(b) the information is provided to the System Manager under an SDA or a Health Service Directive;
(c) the information is provided as part of an investigation into a Service, a Health Service Inquiry or a Health Service Audit.
Note for section 70
In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).
The Schedule has effect.
This Act is repealed on the day after it commences.
section 19
Provision
|
Amendment
|
|
---|---|---|
|
omit
|
insert
|
section 9(5)
|
Medicare Local
|
Primary Health Network
|
section 37(1)
|
The Board for a
|
A
|
section 37(2)
|
chairperson of the Board for
|
COO of
|
sections 37(4), 46(1) and 52(2)
|
Board for
|
COO of
|
sections 56(3)(b) and 60(3)(b)
|
the Board and
|
|
section 61(1)(b)
|
, or the Board for the Service,
|
|
section 62(2)(a)
|
or the Board for the relevant Service
|
|
section 62(2)(b)
|
Board
or the Board
|
Service
|
section 62(4)
|
Board for the relevant Service, and the
|
|
section 63(2)
|
Board for the relevant Service or the
|
|
section 63(5)(a)
|
Board for the relevant Service or the COO of
the
or the Board
|
COO of the relevant
|
section 63(6)
|
, or the Board for the relevant
Service,
|
|
section 63(7)
|
Board and the COO
|
COO of the Service
|
section 64(2)
|
, or the Board of the relevant Service,
or the Board
|
|
section 64(4)(a) and (6)
|
, or the Board for the relevant Service,
|
|
section 64(4)(b)
|
Board
|
Service
|
section 64(7)
|
Board and the
|
|
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