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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Health Practitioner Regulation National Law (South
Australia) (Remote Area Attendance) Amendment
Bill 2017
A BILL FOR
An Act to amend the
Health
Practitioner Regulation National Law (South Australia)
Act 2010
.
Contents
Part 2—Amendment of Health
Practitioner Regulation National Law (South Australia)
Act 2010
Part 5A—Restrictions on single person
attendances in remote areas
77BInteraction with
other Acts
Division 2—Restrictions
on single person attendances in remote areas
77EHealth practitioner to be
accompanied by second responder
77IPolicies and
procedures to be reviewed
77JState
authorities not to contract etc with non-compliant providers
77KPower of
Minister on refusal etc to comply with Division
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Health Practitioner Regulation National Law
(South Australia) (Remote Area Attendance) Amendment
Act 2017.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Health Practitioner Regulation National Law
(South Australia) Act 2010
After section 77 insert:
Part 5A—Restrictions on single person attendances
in remote areas
Division 1—Preliminary
77A—Interpretation
(1) In this Part—
callout to which Division 2 applies—see
section 77C(2)
;
health practitioner means—
(a) a health practitioner within the meaning of the
Health
Practitioner Regulation National Law (South Australia)
; and
(b) any other person declared by the regulations to be included in the
ambit of this definition for the purposes of this Act;
health service means—
(a) a health service within the meaning of the
Health
Practitioner Regulation National Law (South Australia)
; and
(b) any other service or activity declared by the regulations to be
included in the ambit of this definition for the purposes of this Act;
out of hours callout means a request for the attendance of a
health practitioner at a specified place made by or on behalf of a person
where—
(a) the attendance occurs, or is to occur—
(i) between the hours of 5 pm on one day and 8 am on the next day;
or
(ii) on a Saturday or Sunday; or
(iii) on a public holiday; and
(b) the place at which a health practitioner is to attend pursuant to the
request is in a remote area,
but does not include a request of a kind declared by the regulations not to
be included in the ambit of this definition;
remote area—see
subsection (2)
;
second responder means a person engaged as a second responder
in accordance with
section 77D
;
State authority means—
(a) a public sector agency; or
Note—
This includes, for example, entities such as incorporated hospitals under
the
Health
Care Act 2008
.
(b) a local council constituted under the
Local
Government Act 1999
; or
(c) any other person or body declared by the regulations to be a State
authority for the purposes of this Part,
but does not include a person or body declared by the regulations to be
excluded from the ambit of this definition;
unscheduled callout means a request for the attendance of a
health practitioner made by or on behalf of a person where—
(a) the attendance is, or is requested, to occur within 24 hours of
the making of the request; and
(b) the place at which a health practitioner is to attend pursuant to the
request is in a remote area,
but does not include a request for attendance of a kind declared by the
regulations not to be included in the ambit of this definition.
(2) For the purposes of
this Part, a reference to a remote area will be taken to be a
reference to the following areas of the State:
(a) the lands within the meaning of the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
;
(b) the lands within the meaning of the
Maralinga
Tjarutja Land Rights Act 1984
;
(c) an area outside of
a council area under the
Local
Government Act 1999
;
(d) any other area declared by the regulations to be included in the ambit
of this definition,
but does not include an area declared by the regulations to be excluded
from the ambit of this definition.
(3) For the purposes of this Part, a reference to attending a
callout will be taken to be a reference to attending a specified place
in response to a callout to which
Division 2
applies.
77B—Interaction with other
Acts
This Part is in addition to, and does not derogate from, the provisions of
any other Act or law.
Division 2—Restrictions on single person
attendances in remote areas
77C—Application of Division
(1) This Division applies to the following health practitioners:
(a) a health practitioner employed by a State authority;
(b) a health practitioner who provides health services for, or on behalf
of, a State authority pursuant to a contract for services or other
agreement;
(c) a health practitioner who provides health services in a remote area
(being health services that are wholly or partly funded under a law of the
State);
(d) a health practitioner, or health practitioner of a class, prescribed
by the regulations for the purposes of this subsection,
but does not apply to a health practitioner, or health practitioner of a
class, declared by the regulations not to be included in the ambit of this
subsection.
(2) This Division
applies to callouts of the following kinds:
(a) out of hours callouts;
(b) unscheduled callouts;
(c) any other callout of a class prescribed by the regulations for the
purposes of this subsection.
77D—Second responders
(1) A health
practitioner engages a second responder by taking such action as may be required
by the regulations.
(2) Before engaging a second responder, a health practitioner must be
satisfied on reasonable grounds that the second responder satisfies any
requirements set out in the regulations for the purposes of this
subsection.
(3) A person will be taken to be a second responder in respect of a
particular callout—
(a) from the time that the person is engaged to act as second responder in
respect of the callout; and
(b) until the time that the callout is completed,
(both determined in accordance with the regulations).
(4) The regulations
may make further provision in relation to second responders.
(5) Without limiting the generality of
subsection (4)
, the regulations may—
(a) prohibit a specified person, or a person of a specified class, from
being engaged as a second responder;
(b) limit the circumstances in which a specified person, or a person of a
specified class, may be engaged as a second responder;
(c) provide for, or limit, entitlements accrued by, and the terms and
conditions of engagement of, second responders;
(d) limit the civil liability of second responders;
(e) modify the operation of a specified Act or law as it applies to second
responders.
77E—Health practitioner to be accompanied by second
responder
(1) Subject to this
section, a health practitioner to whom this Division applies must not attend a
callout to which this Division applies unless the health practitioner is
accompanied by a second responder.
(2) A second responder need not accompany a health practitioner attending
a callout to which this Division applies during the journey to the place at
which health services are to be provided in relation to the callout.
(3)
Subsection (1)
does not apply—
(a) if the place at which health services are to be provided in relation
to the callout is prescribed premises; or
(b) in any other circumstances prescribed by the regulations for the
purposes of this subsection.
(4) For the purposes of
subsection (1)
, a second responder accompanies a health practitioner attending a
callout—
(a) by being physically
present with the health practitioner at any time the health practitioner is in
the proximity of the person to whom health services are to be, are being, or
have been, provided in relation to the callout; or
(b) by taking action of a kind prescribed by the regulations for the
purposes of this paragraph.
(5) For the purposes of this section, a second responder will be taken to
be accompanying a health practitioner during the provision of health services to
a person despite not being physically present with the health practitioner
if—
(a) the health practitioner is of the opinion that, having regard to the
nature of the health services and the privacy of the patient, it is not
appropriate for the second responder to be physically present during the
provision of the health services; and
(b) the second responder remains in the same premises as, and within the
hearing of, the health practitioner during the provision of the health
services.
77F—Limitation of liability
(1) Despite any other Act or law, no liability attaches to the Crown for
any loss or damage arising out of the operation of this Part.
(2) A health practitioner or other person who complies with the
requirements of this Part (including, to avoid doubt, a health practitioner who
refuses to attend a callout to which
Division 2
applies in the absence of a second responder)—
(a) cannot, by virtue of doing so, be held to have breached any code of
professional etiquette or ethics, or to have departed from any accepted form of
professional conduct; and
(b) to the extent that the health practitioner or person has acted in good
faith and without negligence, incurs no civil liability in respect of such
compliance (including, to avoid doubt, liability arising under disciplinary or
similar proceedings).
(3) For the purposes of section 74 of the
Public
Sector Act 2009
, a second responder, in relation to their role as a second
responder—
(a) will be taken to be a person to whom that section applies;
and
(b) will be taken to be exercising official powers or functions.
Division 3—Providers of health services in
remote areas to have policies and procedures to ensure safety and security of
health practitioners
77G—Application of Division
This Division applies to the following persons and bodies:
(a) a State authority who provides or may provide health services in a
remote area, or on whose behalf such health services are provided;
(b) a person or body who provides, or is to provide, health services in a
remote area for, or on behalf of, a State authority pursuant to a contract for
services or other agreement;
(c) a person or body who provides, or is to provide, health services in a
remote area that are wholly or partly funded under a law of the State;
(d) any other person or body, or person or body of a class, prescribed by
the regulations for the purposes of this section,
but does not apply to a person or body, or person or body of a class,
declared by the regulations not to be included in the ambit of this
section.
77H—Providers of health services in remote areas to
prepare or adopt policies and procedures for the safety and security of health
practitioners
(1) Each person or
body to whom this Division applies must, in accordance with any requirements set
out in the regulations, prepare or adopt policies and procedures designed to
ensure the safety and security of health practitioners providing health services
in remote areas for or on behalf of the person or body.
(2) Without limiting the matters that may be included in the policies and
procedures required under this section, those policies and procedures must
contain—
(a) a provision expressly preventing any person from directing or
requiring (however described) a health practitioner to whom
Division 2
applies to attend a callout in contravention of
section 77E(1)
; and
(b) provisions ensuring the compliance of the person or body to whom this
Division applies, and any person employed by or on behalf of the person or body,
with the requirements of
Division 2
; and
(c) any other provision, or provision of a kind, required by the
regulations.
(3) A person or body to whom this Division applies may, in accordance with
any requirements set out in the regulations, from time to time vary or
substitute a policy or procedure required under this section.
(4) A person or body to whom this Division applies must, if required to do
so by the Minister, provide to the Minister a copy of each policy and procedure
prepared or adopted under this section, as in force from time to time.
77I—Policies and procedures to be
reviewed
A person or body to whom this Division applies must, in accordance with any
requirement set out in the regulations, review the policies and procedures
prepared or adopted by the person or body under
section 77H
at least once in every 5 year period.
77J—State authorities not to contract etc with
non-compliant providers
(1) Despite any
other Act or law, a State authority must not enter a contract or agreement
(however described) relating to the provision of health services in remote areas
unless—
(a) the provider of those services has complied with this Division;
and
(b) the contract or agreement contains provisions ensuring that the
provision of health services pursuant to the contract or agreement will comply
with any requirements under
Division 2
.
(2) Without limiting
subsection (1)
, a term of a contract or agreement that is inconsistent with this section
is, to the extent of the inconsistency, void and of no effect.
77K—Power of Minister on refusal etc to comply with
Division
(1) If a State authority refuses or fails to comply with a requirement
under this Division, the Minister may, after consultation with the State
authority—
(a) report the refusal or failure to the Minister responsible for the
State authority (if any); and
(b) direct the State authority to comply with the requirement.
(2) If after
directing a State authority to comply with a requirement the Minister is not
satisfied that the State authority has done so, the Minister must prepare a
report to Parliament setting out—
(a) the fact of the State authority's refusal or failure to comply with
the requirement; and
(b) the reasons (if any) given by the State authority for the refusal or
failure to comply with the requirement; and
(c) any other information required by the regulations.
(3) The Minister must, within 6 sitting days after completing a
report under
subsection (2)
, cause a copy of the report to be laid before both Houses of
Parliament.
Division 4—Miscellaneous
77L—Exemption
(1) The Minister may, by notice in writing, exempt a specified person, or
a specified class of persons, from the operation of a provision or provisions of
this Part.
(2) An exemption may be conditional or unconditional.
(3) The Minister may, by notice in writing, vary or revoke an exemption
for any reason the Minister thinks fit.