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HEALTH OMBUDSMAN ACT 2013


- As at 1 February 2024 
- Act 36 of 2013 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introductory

   1.      Short title
   2.      Commencement
   3.      Main objects
   4.      Paramount guiding principle
   5.      Act binds all persons

           Division 2 - Interpretation

   6.      Dictionary
   7.      Meaning of health service
   8.      Meaning of health service provider

           Division 3 - Overview of Act

   9.      Purpose of div 3
   10.     Relationship with the National Law
   11.     Health ombudsman
   12.     Director of proceedings
   13.     Making health service complaints
   14.     Dealing with health service complaints and other matters
   15.     Timeliness
   16.     Disciplinary orders of QCAT and other jurisdictions
   17.     Keeping complainants and providers informed
   18.     Minister’s role
   19.     Parliamentary committee’s role

           Division 4 - Application of Act to persons whose status changes

   20.     Application of Act to former health service providers
   21.     Application of Act to former registered health practitioners
   22.     Application of Act to persons formerly registered under corresponding prior Act
   23.     Matters may be dealt with despite death of relevant person

   PART 2 - HEALTH OMBUDSMAN

   24.     Establishment
   25.     Functions
   26.     General powers
   27.     How health ombudsman must act
   28.     Health ombudsman generally not subject to direction
   29.     Advisory committees and panels
   30.     Cooperation with other entities

   PART 3 - HEALTH SERVICE COMPLAINTS

           Division 1 - Preliminary

   31.     Meaning of health service complaint

           Division 2 - Making and dealing with a complaint

   32.     Who may make a complaint
   33.     How to make a complaint
   34.     Complainant may be asked to confirm complaint or give further information
   35.     Deciding how to proceed generally
   35A.    Non-acceptance of complaint

           Division 2A - Dealing with complaint concerning registered health practitioner

   35B.    Application of division
   35C.    Notifying National Agency of complaint
   35D.    Dealing with complaint if no preliminary view
   35E.    Dealing with complaint if agreement on preliminary view
   35F.    Further negotiation if disagreement on preliminary view
   35G.    Dealing with complaint if no agreement after further negotiation or no further negotiation
   35H.    Dealing with complaint if agreement after further negotiation

           Division 2B - Proposal to take no further action in relation to registered health practitioner

   35I.    Application of division
   35J.    Notifying National Agency of proposal
   35K.    National Agency may request referral
   35L.    Dealing with complaint if no referral

           Division 3 - Other matters dealt with as complaints

   36.     Notifications under the National Law
   37.     Matters referred by National Boards or government entities

   PART 4 - HOW COMPLAINTS AND OTHER MATTERS ARE DEALT WITH

   38.     Meaning of relevant action
   39.     Relevant action not limited to complaints
   40.     Relevant action relating to more than 1 matter
   41.     Complaints may be split
   42.     More than 1 relevant action may be taken
   43.     Relevant action may be taken despite proceedings
   43A.    Relevant action may be taken despite referral
   44.     Decision to take no further action on a matter

   PART 5 - ASSESSMENT OF COMPLAINTS

   45.     Application of pt 5
   46.     How assessment is made
   47.     Submissions
   48.     Power to require information
   49.     Period for completing assessment
   50.     Decision following assessment

   PART 6 - LOCAL RESOLUTION OF COMPLAINTS

   51.     Application of pt 6
   52.     How local resolution may be achieved
   53.     Submissions
   54.     Power to require information
   55.     Period for attempting resolution
   56.     Further action if complaint not resolved

   PART 7 - IMMEDIATE ACTION IN RELATION TO HEALTH PRACTITIONERS

           Division 1 - Immediate registration action

   57.     Meaning of immediate registration action
   58.     Power to take immediate registration action
   58A.    Varying immediate registration action on health ombudsman’s own initiative
   58B.    Varying immediate registration action on application by registered health practitioner
   59.     Show cause process
   60.     Notice about immediate registration action
   61.     Show cause process after taking action
   62.     Period of immediate registration action
   63.     Application to QCAT for review
   64.     Further relevant action that may be taken after immediate registration action
   65.     Health ombudsman may end immediate registration action

           Division 2 - Interim prohibition orders

   66.     Application of div 2
   67.     Interim prohibition orders
   68.     Power to issue interim prohibition orders
   68A.    Varying interim prohibition order on health ombudsman’s own initiative
   68B.    Varying interim prohibition order on application by health practitioner
   69.     Show cause process
   70.     Content of interim prohibition order
   71.     Notice to complainant
   72.     Show cause process after issuing order
   73.     Period of interim prohibition order
   74.     Application to QCAT for review
   75.     Health ombudsman must immediately take further relevant action
   76.     Health ombudsman may revoke order
   77.     Corresponding interstate interim orders
   78.     Offence of contravening order
   79.     Publication of orders

   PART 8 - INVESTIGATIONS

   80.     Health ombudsman may decide to investigate
   81.     Minister may direct investigation
   82.     Notice to particular provider being investigated
   83.     Investigative powers
   84.     Progress reports
   85.     Times by which investigations must be completed
   86.     Investigation reports
   87.     To whom investigation report is given
   88.     Disclosure of investigation report containing confidential information
   89.     Implementation of recommendations and supplementary report
   90.     Notice of decision after investigating matter

   PART 8AA - PUBLIC STATEMENTS

   90AA.   Making of public statement
   90AB.   Show cause process for public statement
   90AC.   Revision of public statement
   90AD.   Revocation of public statement

   PART 8A - PROHIBITION ORDERS

           Division 1 - Preliminary

   90A.    Application of part
   90B.    Prohibition order

           Division 2 - Issue of prohibition order

   90C.    Power to issue order
   90D.    Show cause process
   90E.    Content of order
   90F.    Notice to complainant
   90G.    When order takes effect
   90H.    Prohibition order ends interim prohibition order

           Division 3 - Variation or revocation of prohibition order

   90I.    Power to vary order on health ombudsman’s own initiative
   90J.    Power to vary order on application by health practitioner
   90K.    Show cause process
   90L.    Effect of decision to vary and notice requirements
   90M.    Revocation of order

           Division 4 - Other provisions

   90N.    Application to QCAT for review
   90O.    Corresponding interstate orders
   90P.    Offence of contravening prohibition order
   90Q.    Publication of prohibition orders

   PART 9 - REFERRAL TO NATIONAL AGENCY OR OTHER ENTITY

           Division 1 - Referral to National Agency

   91.     Application of division
   91A.    General power to refer complaint or matter
   91B.    Requirement to refer complaint or matter indicating impairment
   91C.    Complaint or matter indicating serious matter must not be referred
   91D.    Dealing with complaint indicating impairment matter and serious matter
   91E.    Form of referral

           Division 2 - Referral to other entities

   92.     Referral to other government entities
   93.     Reports from State entities

   PART 10 - QCAT

           Division 1 - General

   94.     QCAT’s jurisdiction
   95.     Notices to be given to complainant
   96.     Orders that QCAT may make
   97.     Constitution of QCAT
   98.     Particular hearings to be held in private
   99.     QCAT may exclude witnesses from hearing
   100.    No stay of particular decisions

           Division 2 - Director of proceedings

   101.    Application of div 2
   102.    Information to be given with referral
   103.    How director must deal with referral
   104.    Referral to QCAT
   105.    Referral back to health ombudsman

           Division 3 - Action QCAT may take

   106.    Application of div 3
   107.    Decision about registered health practitioner other than student
   108.    Decision about student
   109.    Review of conditions
   110.    Application to QCAT for review of condition
   111.    Further review of condition

           Division 4 - (Repealed)

           Division 5 - Appointment of assessors

   117.    Panels of assessors
   118.    Appointment of individuals to panels of assessors
   118A.   Temporary appointment to public panel of assessors
   119.    Temporary appointment to professional panel of assessors
   120.    Disqualification from membership of panel of assessors
   121.    Procedure for recommending members of panels of assessors
   122.    Duration of appointment
   123.    Conditions of appointment
   124.    Vacation of office
   125.    Payment of assessors

           Division 6 - QCAT to be assisted by assessors

   126.    Tribunal to be assisted by assessors
   127.    Assessors’ function
   128.    Choosing assessors generally
   129.    Particular persons not eligible to be assessor in a disciplinary proceeding
   130.    Requirement about gender balance
   131.    Choosing assessors if specialist and technical issues involved
   132.    Disclosure of interests
   133.    Costs for assessors

   PART 11 - CONCILIATION

   134.    Application of pt 11
   135.    Purpose of conciliation
   136.    Conciliator’s function exclusive
   137.    Person not to conciliate and investigate same health service complaint
   138.    Conciliation function
   139.    Requirement to negotiate in good faith
   140.    When conciliation may happen if particular other relevant action is taken
   141.    Conciliator to notify the health ombudsman of public interest issues
   142.    Ending or suspending conciliation to take other relevant action
   143.    Explanation to parties about public interest issues and possible ending or suspension of conciliation
   144.    Progress reports from conciliator
   145.    Results report from conciliator
   146.    Enforceable agreement
   147.    Action on report of unsuccessful conciliation
   148.    Ending conciliation
   149.    Conciliation privileged
   150.    Confidentiality of information relating to conciliation

   PART 12 - INQUIRIES

   151.    Health ombudsman may conduct inquiry
   152.    Minister may direct health ombudsman to conduct inquiry
   153.    Persons conducting or assisting inquiry
   154.    Procedure
   155.    Notice of inquiry hearing
   156.    Inquiry hearing to be held in public except in special circumstances
   157.    Suppression of name of witness
   158.    Protection of inquiry members, representatives and witnesses
   159.    Record of proceeding to be kept
   160.    Powers for inquiry hearing and right to representation
   161.    Notice to witness
   162.    Notice requiring information
   163.    Inspection of records and other things
   164.    Offences by witnesses
   165.    Contempt of inquiry member
   166.    Change or absence of inquiry member
   167.    Preparation of report about inquiry
   168.    Opportunity to respond to adverse comment in report
   169.    Submission and tabling of report

   PART 13 - MINISTER’S ROLE

   170.    Minister’s functions
   171.    Minister may request information or reports from health ombudsman
   172.    Minister may request information from National Agency or National Board
   173.    Periodic reports
   174.    Minister may ask that information be given to engaged persons
   175.    Information that may or may not be requested
   176.    Minister may ask health ombudsman to publish particular reports
   177.    Compliance with Minister’s request
   178.    Use or disclosure of information

   PART 14 - PARLIAMENTARY COMMITTEE’S ROLE

   179.    Committee’s functions
   180.    Committee may request information from health ombudsman
   181.    Committee may request information from National Agency or National Board
   182.    Periodic reports
   183.    Information that may or may not be requested
   184.    Compliance with committee’s request
   185.    Committee’s powers not limited

   PART 15 - AUTHORISED PERSONS

           Division 1 - General provisions about authorised persons

   186.    Functions of authorised persons
   187.    Health ombudsman is an authorised person
   188.    Health ombudsman may appoint authorised persons
   189.    Appointment conditions and limit on powers
   190.    When office ends
   191.    Resignation
   192.    Issue of identity card
   193.    Production or display of identity card
   194.    Return of identity card
   195.    References to exercise of powers
   196.    Reference to document includes reference to reproductions from electronic document

           Division 2 - Entry of places by authorised persons

              Subdivision 1 - Power to enter

   197.    General power to enter places

              Subdivision 2 - Entry by consent

   198.    Application of sdiv 2
   199.    Incidental entry to ask for access
   200.    Matters authorised person must tell occupier
   201.    Consent acknowledgement

              Subdivision 3 - Entry under warrant

   202.    Application for warrant
   203.    Issue of warrant
   204.    Electronic application
   205.    Additional procedure if electronic application
   206.    Defect in relation to a warrant
   207.    Entry procedure

           Division 3 - Other authorised persons’ powers and related matters

              Subdivision 1 - General powers of authorised persons after entering places

   208.    Application of sdiv 1
   209.    General powers
   210.    Power to require reasonable help
   211.    Offence to contravene requirement to give reasonable help

              Subdivision 2 - Seizure by authorised persons and forfeiture

   212.    Seizing evidence at a place that may be entered without consent or warrant
   213.    Seizing evidence at a place that may be entered only with consent or warrant
   214.    Seizure of property subject to security
   215.    Power to secure seized thing
   216.    Offence to contravene other seizure requirement
   217.    Offence to interfere

              Subdivision 3 - Safeguards for seized things

   218.    Receipt and information notice for seized thing
   219.    Access to seized thing
   220.    Return of seized thing

              Subdivision 4 - Forfeiture

   221.    Forfeiture by health ombudsman decision
   222.    Information notice about forfeiture decision

              Subdivision 5 - Dealing with property forfeited or transferred to State

   223.    When thing becomes property of the State
   224.    How property may be dealt with

           Division 4 - Disposal orders

   225.    Disposal order

           Division 5 - Other information-obtaining powers of authorised persons

   226.    Power to require name and address
   227.    Offence to contravene requirement to give name and address
   228.    Power to require information or attendance
   229.    Offence to contravene information requirement
   229A.   Offence to contravene attendance requirement

           Division 6 - Miscellaneous provisions relating to authorised persons

   230.    Duty to avoid inconvenience and minimise damage
   231.    Notice of damage
   232.    Compensation
   233.    Obstructing authorised person
   234.    Impersonating authorised person

           Division 7 - Review of particular decisions

   235.    Right of appeal
   236.    Appeal process starts with internal review
   237.    How to apply for a review
   238.    Stay of operation of decision
   239.    Review decision
   240.    Who may appeal
   241.    Procedure for an appeal to the court
   242.    Stay of operation of review decision
   243.    Powers of court on appeal
   244.    Effect of decision of court on appeal

   PART 16 - APPOINTMENT OF HEALTH OMBUDSMAN AND ESTABLISHMENT OF OFFICE

           Division 1 - Appointment of health ombudsman and related matters

   245.    Appointment
   246.    Minister’s recommendation
   247.    Term of appointment
   248.    Conditions of appointment
   249.    Resignation
   250.    Removal from office
   251.    Suspension from office
   252.    Acting as health ombudsman

           Division 2 - Office of the Health Ombudsman

   253.    Establishment of office
   254.    Function
   255.    Staff
   256.    Control of office
   257.    Office is a statutory body

           Division 3 - Director of proceedings

   258.    Appointment of director of proceedings
   259.    Functions
   260.    Director not subject to direction

   PART 17 - OFFENCES AND PROCEEDINGS

   261.    Reprisal and grounds for reprisals
   262.    Offence for taking reprisal
   263.    Damages entitlement for reprisal
   264.    False or misleading information
   265.    Recovery of fines
   266.    Appointment and authority
   267.    Signatures and documents
   268.    Other evidentiary aids
   269.    Proceedings for summary offences
   270.    Statement of complainant’s knowledge
   271.    Proceedings for indictable offences

   PART 18 - DISCLOSURE OF INFORMATION AND RELATED MATTERS

   272.    Confidentiality
   273.    Publication of information about immediate action and QCAT decisions
   274.    Disclosure of information for legal proceeding
   275.    Information given to health ombudsman and others
   276.    Reports and other published information privileged

   PART 19 - PARTICULAR NOTICES GIVEN BY HEALTH OMBUDSMAN

   277.    Meaning of employer for pt 19
   278.    Notice of decision relating to complaint
   279.    Notice to employers about particular serious matters
   280.    Notice to employers about particular QCAT decisions
   281.    Notice to National Board about Court of Appeal decisions
   282.    Notice to employers about other matters
   283.    Notice to education providers about particular serious matters concerning students
   284.    Notice to health service provider not required in particular circumstances

   PART 20 - OTHER MATTERS

   285.    Delegations
   286.    Appointment of conciliators
   287.    Protection of officials from liability
   288.    Prescribed documents about appropriate conduct
   289.    Whether information identifies a person
   290.    Annual report to include Ministerial directions
   291.    Approved forms
   292.    Regulation-making power

   PART 21 - SAVINGS AND TRANSITIONAL

           Division 1 - Savings and transitional provisions for Act No. 36 of 2013

              Subdivision 1 - Preliminary

   293.    Definitions for div 1
   294.    Power to make requirements not limited

              Subdivision 2 - Application of Act to pre-commencement matters

   295.    Pre-commencement matters may be dealt with
   296.    Request for information may relate to pre-commencement matters
   297.    Steps before appointing health ombudsman

              Subdivision 3 - Former commission and commissioner

   298.    Health ombudsman is legal successor of former commission
   299.    Assets, liabilities and information of former commission
   300.    Proceedings not yet started
   301.    Current proceedings
   302.    References to former commission, commissioner or chief executive

              Subdivision 4 - Complaints and other matters

   303.    Current complaints
   304.    Outstanding requirements to give information and other matters
   305.    Confidentiality generally
   306.    Privilege and confidentiality for conciliation
   307.    Preservation of rights as public service officer

              Subdivision 5 - Matters relating to authorised persons

   308.    Investigations
   309.    Outstanding requirements for information
   310.    Seized things

              Subdivision 6 - Continuing appointments

   311.    Authorised persons
   312.    Conciliators

              Subdivision 7 - Disciplinary matters

   313.    Panels of assessors
   314.    Proceedings before QCAT
   315.    QCAT’s jurisdiction to review pre-commencement decisions
   316.    Appeals to Court of Appeal from pre-commencement decisions
   317.    Complaints, disciplinary proceedings, secretary and other matters
   318.    Assessors’ entitlements about remuneration and allowances

              Subdivision 8 - Disclosure of confidential information to health ombudsman

   319.    Confidential information under the National Law
   320.    Confidential information under HQCC Act

           Division 2 - Transitional provisions for Public Health (Childcare Vaccination) and Other Legislation Amendment Act 2015

   320A.   Power of authorised person to require attendance under s 228
   320B.   Effect of particular notices given before the commencement

           Division 3 - Transitional provisions for Health Transparency Act 2019

              Subdivision 1 - General provisions

   320C.   Existing complaints or other matters
   320D.   Existing immediate action

              Subdivision 2 - Additional provision about registered health practitioners

   320E.   Dealing with existing complaint

              Subdivision 3 - Additional provisions about other health practitioners

   320F.   Existing referrals to director of proceedings
   320G.   Existing proceedings for prohibition orders
   320H.   Existing prohibition orders

   PART 22 - REPEALS

   321.    Repeal of Acts
           SCHEDULE 1


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