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HOSPITAL AND HEALTH BOARDS ACT 2011 - SCHEDULE 2

SCHEDULE 2 – Dictionary


"Act official" see section 141 (2) .

"administrator"

(a) for sections 276 and 277 —means the administrator appointed under section 276 ; or
(b) otherwise—means the administrator appointed under section 53K .

"ancillary board" means a Hospital and Health Ancillary Board.

"applied Public Service law" ...

"appoint" , a person as a health service employee, means—
(a) for a person who is a health service employee—promote, transfer, second, enter into a contract with or redeploy the employee; or
(b) for a person to whom paragraph (a) does not apply—employ the person as a health service employee.

"appointer" means—
(a) for a health service audit under part 4 , division 2 —a person who appoints a health service auditor under section 56 ; or
(b) for a clinical review under part 6 , division 3 —a person who appoints a clinical reviewer under section 125 ; or
(c) for part 8 —the person who appoints an authorised person under section 163 or a security officer under section 164 ; or
(d) for a health service investigation under part 9 —a person who appoints a health service investigator under section 190 .

"approved form" means a form approved by the chief executive.

"Australian Commission on Safety and Quality in Health Care" means the body established under the National Health Reform Act 2011 (Cwlth) .

"authorised person" means a person appointed as an authorised person under section 163 .

"award" see the Industrial Relations Act 2016 , schedule 5 .

"blameworthy act" , for part 6 , division 2 , see section 94 .

"board" means a Hospital and Health Board.

"building" includes the building services’ plant and equipment for the building.
Examples—
air-conditioning, electrical light and power, water and waste services, data and communication, and lifts

"certified agreement" see the Industrial Relations Act 2016 , schedule 5 .

"chain of events document" ...

"chief executive" means the chief executive of the department administering this Act.

"chief health officer" means the chief health officer under section 52 .

"chief psychiatrist" see the Mental Health Act 2016 , schedule 3 .

"clinical review" includes an assessment of whether a health service provided to a person was provided in accordance with recognised clinical standards.

"clinical reviewer" means a clinical reviewer appointed under section 125 .

"clinician engagement strategy" see section 40 (1) (a) .

"COAG" , for part 3A , division 4 , has the meaning given in section 53I .

"commencement" , for part 13 , division 2 , see section 284 .

"commissioning authority" , for part 6 , division 2 , see section 94 .

"committee" , for part 6 , division 1 , means a quality assurance committee.

"confidential information" , for part 7 , see section 139 .

"consumer and community engagement strategy" see section 40 (1) (b) .

"contracted health service employee" means a health service employee appointed on contract under section 67 .

"contracted senior health service employee" ...

"coroner" , for part 6 , division 2 , see section 94 .

"corporate support service" includes financial management, asset management, human resource management, information and communication technology, information management, purchasing and logistics, legal services and insurance arrangements.

"court" , for part 10 , see section 201 .

"deputy chief health officer" means a deputy chief health officer under section 53AA .

"designated person" , for part 7 , see section 139 .

"director of mental health" ...

"disposal order" , for part 10 , see section 201 .

"district manager" , for part 13 , division 2 , see section 284 .

"electronic document" ...

"enrolled nurse" , for part 6 , division 5 , see section 138G .

"excluded notifiable conduct" , for a registered health practitioner, means—
(a) practising the practitioner’s profession while intoxicated by alcohol or drugs; or
(b) practising the practitioner’s profession in a way that constitutes a significant departure from accepted professional standards but not in a way that places the public at risk of substantial harm; or
(c) engaging in sexual misconduct in connection with the practice of the practitioner’s profession.

"executive committee" means an executive committee established under section 32A .

"former owner" , for part 10 , see section 201 .

"functions" includes powers.

"funding arrangement" , for a public sector health service, includes an activity-based funding arrangement.

"general power" , for part 10 , see section 201 .

"governing council" ...

"guardian" , for part 7 , see section 139 .

"health employment directive" means a health employment directive issued by the chief executive under section 51A .

"health equity strategy" see section 40 (1) (c) .

"health executive" means a person appointed as a health executive under section 67 .

"health executive service" means the health executive service continued under section 70 .

"health ombudsman" means the health ombudsman under the Health Ombudsman Act 2013.

"health practitioner registration Act" ...

"health professional" means—
(a) a person registered under the Health Practitioner Regulation National Law ; or
(b) a person, other than a person referred to in paragraph (a) , who provides a health service, including, for example, an audiologist, dietitian or social worker.

"Health Quality and Complaints Commission" ...

"health service" see section 15 .

"health service area" means a health service area declared under section 17 .

"health service audit" see section 55 (2) .

"health service auditor" means a health service auditor appointed under section 56 .

"health service chief executive" means a health service chief executive appointed for a Service under section 33 .

"health service directive" means a health service directive issued by the chief executive to a Service under section 47 .

"health service district" , for part 13 , division 2 , see section 284 .

"health service employee" means a person appointed as a health service employee under section 67 .

"health service facility" , for part 6 , division 2 , see section 94 .

"health service investigator" means a health service investigator appointed under section 190 .

"health services land" means land and buildings from which public sector health services are delivered.

"help requirement" , for part 10 , see section 201 .

"high-income guarantee contract" ...

"hospital" includes any premises providing medical or surgical treatment, and nursing care, for ill or injured persons.

"Hospital and Health Board" , for a Service, means the board appointed for the Service under section 23 .

"Hospital and Health Service"
(a) for part 3A , division 4 —has the meaning given in section 53I ; and
(b) otherwise—means a Hospital and Health Service established under section 17 .

"identity card"
(a) for part 8 —see section 162 ; or
(b) for part 10 —see section 201 .

"impairment" , for a registered health practitioner, has the meaning given by the Health Practitioner Regulation National Law .

"industrial instrument" see the Industrial Relations Act 2016 , schedule 5 .

"information" , for part 6 , subdivision 5 , see section 104 .

"information commissioner" , for part 13 , division 2 , see section 284 .

"information notice" , for part 10 , see section 201 .

"inspector" means a person who holds office under part 10 , division 2 as an inspector.

"licensee" , of a private health facility, see the Private Health Facilities Act 1999 , schedule 3 .

"local clinical governance arrangements" means the policies, processes and accountabilities for improving patient safety and the quality, effectiveness and dependability of services provided by a Service.

"local primary healthcare organisation" , for a Service, means a primary healthcare organisation whose geographic area coincides in whole or in part with the health service area for the Service.

"major capital works" means the capital works prescribed by regulation.

"member" , of a board, means a member appointed under section 23 .

"midwife" , for part 6 , division 4 , see section 138A .

"minor capital works" means capital works other than major capital works.

"misconduct" , for a member of a board, means—
(a) inappropriate or improper conduct in performing the member’s duties; or
(b) inappropriate or improper conduct in a private capacity that reflects seriously or adversely on the board.

"National Agency" has the meaning given by the Health Practitioner Regulation National Law .

"national clinical standards" means clinical standards the Commonwealth and the States have agreed apply to health services, including standards developed by the Australian Commission on Safety and Quality in Health Care.

"National Health Funding Pool" has the meaning given in section 53I .

"National Health Reform Agreement" has the meaning given in section 53I .

"network" ...

"network area" ...

"network chief executive" ...

"network employee" ...

"network health executive" ...

"notice" , for part 10 , see section 201 .

"nurse"
(a) for part 6 , division 4 , see section 138A ; or
(b) for part 6 , division 5 , see section 138G .

"nursing and midwifery regulation" , for part 6 , division 4 , see section 138A .

"nursing and midwifery workload management information" , for part 6 , division 4 , see section 138A .

"occupier" , for part 10 , see section 201 .

"of" , a place, for part 10 , see section 201 .

"offence warning"
(a) for part 8 —see section 162 ; or
(b) for part 10 —see section 201 .

"official traffic sign" , for part 8 , see section 162 .

"owner"
(a) for part 8 —see section 162 ; or
(b) for part 10 —see section 201 .

"parent" , for part 7 , see section 139 .

"performance data" includes patient activity, financial, human resource, facility and clinical performance data.

"personal details requirement"
(a) for part 8 —see section 162 ; or
(b) for part 10 —see section 201 .

"person in control" , for part 10 , see section 201 .

"place" , for part 10 , see section 201 .

"premises" , for part 10 , see section 201 .

"prescribed day" , for a Service, means the day the Service is prescribed under section 20 (4) .

"prescribed health practitioner" ...

"prescribed health professional" , for part 7 , see section 139 .

"prescribed information system" , for part 7 , see section 139 .

"prescribed Service" means a Service prescribed under section 20 (4) .

"primary healthcare organisation" means a body or organisation recognised as a primary healthcare organisation under a law of the Commonwealth.

"private health facility" see the Private Health Facilities Act 1999 , section 8 .

"promote" , a health service employee, means employ the employee at a higher classification level, other than temporarily.

"public patient" means an individual who is a patient in a hospital but is not the patient of a medical practitioner in private practice while in the hospital.

"public place" , for part 10 , see section 201 .

"public risk notifiable conduct" , for a registered health practitioner, means—
(a) placing the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or
(b) placing the public at risk of substantial harm by practising the profession in a way that constitutes a significant departure from accepted professional standards.

"public sector health service" means a health service provided by a Service or the department and includes a health service declared under a regulation to be a public sector health service, but does not include a health service declared under a regulation not to be a public sector health service.

"public sector health service facility" means a facility at which public sector health services are provided.

"public sector hospital" means a hospital operated by a Service or the State.

"quality assurance committee" means a quality assurance committee established under section 82 .

"Queensland Ambulance Service" means the Queensland Ambulance Service established under the Ambulance Service Act 1991 .

"RCA" , of a reportable event, for part 6 , division 2 , see section 94 .

"RCA report" , for part 6 , division 2 , see section 94 .

"RCA team" , for part 6 , division 2 , see section 94 .

"reasonably believes" , for part 10 , see section 201 .

"reasonably suspects" , for part 10 , see section 201 .

"redeploy" , a health service employee, means employ the employee at a lower classification level, other than temporarily.

"registered health practitioner" means an individual who—
(a) is registered under the Health Practitioner Regulation National Law to practise a health profession, other than as a student; or
(b) holds non-practising registration under the Health Practitioner Regulation National Law in a health profession.

"registered nurse" , for part 6 , division 5 , see section 138G .

"regulatory notice" , for part 8 , see section 162 .

"relevant chief executive" means—
(a) for information held by a Service—the health service chief executive or the chief executive; or
(b) for information held by the department—the chief executive.

"relevant health practitioner" ...

"relevant health service" , for part 6 , division 2 , see section 94 .

"relevant person" means—
(a) for a quality assurance committee, a person authorised by the committee to help the committee in the performance of its functions, including by—
(i) providing administrative or secretarial services to the committee; or
(ii) advising the committee about the performance of its functions; or
(iii) preparing reports and other information for the committee; or
(b) for a commissioning authority, a person authorised by the authority to help the authority in the performance of its functions, including by—
(i) providing administrative or secretarial services to the authority; or
(ii) advising the authority about the performance of its functions; or
(iii) preparing reports and other information for the authority; or
(c) for an RCA team, a person authorised by the RCA team to help the RCA team in the performance of its functions, including by—
(i) providing administrative or secretarial services to the RCA team; or
(ii) advising the RCA team about the performance of its functions; or
(iii) preparing reports and other information for the RCA team.

"repealed Act" means the Health Services Act 1991 .

"reportable event" , for part 6 , division 2 , see section 94 .

"reprisal" , for part 6 , division 2 , means a reprisal as mentioned in section 120 (3) .

"resident" , at a State aged care facility, for part 6 , division 5 , see section 138G .

"residential care" , for part 6 , division 5 , see section 138G .

"responsible Minister" , for part 3A , division 4 , has the meaning given in section 53I .

"Root cause analysis" , of a reportable event, for part 6 , division 2 , see section 94 .

"second" , a health service employee, means temporarily employ the person at the same or different classification level, on different duties or at a different location.

"security officer" means a person appointed as a security officer under section 164 .

"senior health service employee" see section 74A .

"Service" means a Hospital and Health Service.

"service agreement" , for a Service, see section 16 .

"specialised health service" means a health service provided by the department.

"Standing Council on Health" , for part 3A , division 4 , has the meaning given in section 53I .

"State" , for part 3A , division 4 , has the meaning given in section 53I .

"State aged care facility" , for part 6 , division 5 , see the Public Health Act 2005 , section 61A .

"State aged care facility regulation" , for part 6 , division 5 , see section 138G .

"State aged care facility workload management information" , for part 6 , division 5 , see section 138G .

"State managed fund" has the meaning given in section 53I .

"State pool account" has the meaning given in section 53I .

"support service" includes a corporate support service, business support service and clinical support service.
Examples of business support service
• a cleaning service
• catering and laundry services
• a service providing food to hospital patients
• a service to maintain medical equipment
Examples of clinical support service
• a pathology service
• a blood management service

"support worker" , for part 6 , division 5 , see section 138G .

"takes a reprisal" , for part 6 , division 2 , means contravenes section 120 (1) .

"temporary health service employee" means a health service employee appointed on a temporary basis under section 67 .

"tenured health service employee" means a health service employee appointed on tenure under section 67 .

"transfer" , a health service employee, means employ the employee at the same classification level, on different duties or at a different location, other than temporarily.

"transfer notice"
(a) for part 12 , division 1 —see section 273A (2) ; or
(b) for part 13 —see section 307 (2) .

"vehicle"
(a) for part 8 —see section 162 ; or
(b) for part 10 —see section 201 .

"working for a Service" , for a person employed in the department, means—
(a) working in and for a Service under an agreement between the chief executive and the Service for the chief executive to provide departmental employees to perform work for the Service; and
(b) reporting directly or indirectly to the health service chief executive.
Example of a person who does not work for a Service
a person employed in the department who provides pathology services to a hospital and health service and does not report directly or indirectly to a health service chief executive



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