HEALTH SERVICES ACT 2016

Western Australian Current Acts

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HEALTH SERVICES ACT 2016

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Act binds the State
4. Objects of this Act
5. Medicare principles
6. Terms used
7. Meaning of health service and public health service
7A. What are successor health service providers for former public hospitals
8. Meaning of hospital and public hospital
9. Application of Act to hospital where mentally ill treated

PART 2 -- The Minister

10. Ministerial Body established
11. Purpose and nature of Ministerial Body
12. Execution of documents by Ministerial Body
13. Minister’s general powers
14. Minister’s powers in relation to business arrangements
15. Delegation by Minister
16. Power to delegate under Health Legislation Administration Act 1984 excluded
17. Role of Mental Health Minister not affected

PART 3 -- The Department CEO

Division 1 -- Role of Department CEO

18. Administration of this Act
19. Management of the WA health system
20. Functions of Department CEO
20A. Works and clinical commissioning
21. Powers of Department CEO
22. Staff who are not public servants
23. Department CEO may provide, or arrange for the provision of, certain services and facilities
24. Delegation by Department CEO
25. Power to delegate under Health Legislation Administration Act 1984 excluded

Division 2 -- Policy frameworks

26. Department CEO may issue policy frameworks
27. Policy framework is binding

Division 3 -- Department CEO directions

28. Department CEO may issue directions
29. Relationship between Department CEO direction and other instruments and directions
30. Department CEO direction is binding
31. Department CEO direction must be given to chief executive and to board

PART 4 -- Health service providers

Division 1 -- Establishment

32. Establishment of health service provider
33. Status of health service provider

Division 2 -- Functions and powers

34. Functions
35. Commercial and other activities
36. General powers
36A. Joint arrangements
36B. Power to borrow
36C. Guarantees
36D. Restricted power to enter arrangements on behalf of other health service providers or State
36E. Health service providers may provide services to each other
37. Restrictions on power to dispose of land
38. Transactions that require agreement or approval
39. Exemptions from section
40. Delegation
41. Execution of documents by health service provider
42. Contract formalities

PART 5 -- Service agreements

Division 1 -- Preliminary

43. Terms used

Division 2 -- Commission service agreements

44. Head agreement between Department CEO and Commission CEO
45. Commission CEO and health service provider may enter into service agreement

Division 3 -- Service agreements generally

46. Department CEO and health service provider must enter into service agreement
47. Department CEO may decide on terms of service agreement
48. General provisions about service agreements
49. Term of service agreement
50. Procedure to amend service agreement
51. Service agreement may provide for Department CEO to carry out specified functions
52. Review and report on service agreements
53. Other agreements for provision of services

PART 6 -- Fees and charges for health services and other matters

53A. Terms used
53B. What is compensation
54. Effect of National Health Agreement
55. Fees and charges for provision of health services
56. Minister may fix fees and charges for health services
57. Liability of persons for health service fees and charges
57A. Liability for, and right to recover, compensable charges for health services
57B. Liability for, and right to recover, compensable charges for former hospital services
57C. Waiving or refunding compensable charges payable under section 57A or 57B
57D. Recovering amounts from compensation payer in relation to compensable charges
58. Regulations about recovery of compensable charges
59. Fees and charges for other services, goods and facilities

PART 7 -- Accountability and financial provisions

Division 1 -- Accountability

60. Minister may give directions
61. Minister to have access to information

Division 2 -- Financial provisions

62. Application of Financial Management Act 2006 and Auditor General Act 2006
63. Health funding arrangements under the National Health Agreement
64. Health service provider account
65. Health service provider’s funds
66. Notice of financial difficulty
66A. Department CEO response to notice of financial difficulty
66B. Minister’s response to notice of financial difficulty
67. Department CEO’s power to require financial information
68. Various documents exempt from duty
69. Local governments may fund health services

PART 8 -- Administration of health service providers

Division 1 -- Governance

70. Health service provider may be governed by board or chief executive

Division 2 -- Boards

Subdivision 1 -- Constitution and procedures

71. Constitution of health service provider’s board
72. Chairperson and deputy chairperson
73. Deputy chairperson acting as chairperson
74. Alternate members
75. Remuneration and allowances
76. Term of office
76A. Removing board members from office
77. Casual vacancies
78. Leave of absence
78A. Delegation

Subdivision 2 -- Duties and personal interests

79. Duties of board and committee members
80. Disclosure of material personal interest
81. Voting by interested member
82. Section 81 may be declared inapplicable
83. Quorum where section 81 applies
84. Minister may declare sections 81 and 83 inapplicable

Subdivision 3 -- Meetings

85. Holding meetings
86. Quorum
87. Procedure at meetings
88. Voting
89. Holding meetings remotely
90. Resolution without meeting
91. Minutes

Subdivision 4 -- Committees

92. Committees
93. Remuneration and allowances

Division 3 -- Appointment of advisers to board, administrators, dismissal of board

94. Term used: adviser
95. Minister may appoint advisers to boards
96. Terms and conditions of appointment as adviser
97. Functions of advisers
98. Obligations of board in relation to advisers
99. Minister may appoint administrator for health service provider
100. Terms and conditions of appointment as administrator
101. Role of administrator
102. Minister may dismiss all members of board

PART 9 -- Health service provider employment

Division 1 -- Preliminary

103. Term used: employing authority
104. Application of PSM Act

Division 2 -- Health Executive Service

Subdivision 1 -- Purposes and composition of the Health Executive Service

104A. Purposes of Health Executive Service
105. Composition of Health Executive Service

Subdivision 2 -- Chief executives

106. Chief executive
107. Functions and powers of chief executive
108. Appointment of chief executive
109. Procedure for appointment of chief executive
110. Remuneration and leave entitlements
111. Contract of employment
112. Appointment of health service provider employee or public service officer
113. Reappointment of chief executive
114. Performance criteria for chief executive and review of performance
115. Removal from office
116. Transfer from office
117. Acting chief executive
118. Employment of chief executive cannot be litigated and is not an industrial matter
119. Delegation
120. Modification of PSM Act delegation provision

Subdivision 3 -- Health executives

121. Appointment of health executives
122. Reappointment of health executive
123. Transfer of health executives
123A. Acting health executives
124. Performance assessment
125. Termination of contract of employment by employing authority

Subdivision 4 -- General provisions about chief executives and health executives

126. Terms used
127. Conditions of employment
128. Employment of chief executives and health executives governed by contract of employment
129. Content of contract of employment
130. Termination of contract of employment by executive
131. Notification or payment in lieu if executive is not reappointed
132. Right of return for certain executives
133. Compensation if executive has no right of return
134. Repayment of compensation
135. Election to take compensation instead of right of return
136. Secondment of executive
137. Vacation of office of executive
138. Operation of Division

Division 3 -- Other staff

139. Division does not apply to Health Executive Service
140. Employees of health service provider
141. Transfers between health service providers or between health services providers and the Department
142. Secondment of employee
143. Contracts for services

PART 10 -- Criminal and misconduct matters concerning employees

144. Terms used
145. Duty of staff member to report certain criminal conduct and misconduct findings
146. Further reporting and notification
147. Suspending employee if health practitioner registration is suspended or becomes conditional
148. Suspending employee pending decision in relation to serious offence
149. Salary during suspension
150. Disciplinary or improvement action where registration suspended or conditional or in case of serious offence
151. Protection of patients to be paramount consideration
152. Power of employing authority to take improvement or other action not limited
153. Appeals and referrals

PART 11 -- Substandard performance and disciplinary matters

Division 1 -- General

154. Application and effect of Part
155. Application of Part in respect of former employees
156. Power of employing authority to take improvement or other action not limited
157. Inconsistent provisions, instruments and contracts

Division 2 -- Substandard performance

158. What is substandard performance
159. Powers in relation to substandard performance

Division 3 -- Disciplinary matters

160. Term used: section 173(2) breach of discipline
161. What is a breach of discipline
162. Options in relation to suspected breach of discipline
163. Dealing with disciplinary matter
164. Action against employee pending decision on breach of discipline
165. Special disciplinary inquiries
166. Consequence of report of special disciplinary inquiry
167. Notification of outcome of disciplinary matter
168. Termination of other employment if employee is dismissed
169. Payment and recovery of fine
170. When disciplinary action can be taken

Division 4 -- Appeals and referrals

171. Terms used
172. Certain decisions and findings may be appealed or referred
173. Referrals in relation to directions that are lawful orders

PART 12 -- Redeployment and redundancy of employees

174. Application of PSM Act Part 6 and regulations made for the purposes of that Part

PART 13 -- Investigations, inspections and audits

175. Department CEO may investigate, inspect or audit health service provider
176. Procedures
177. Powers of Department CEO
178. Incriminating information or answers
179. Liability for complying with requirement
180. Failure to comply with requirement
181. False information

PART 14 -- Inquiries

182. Terms used
183. Department CEO may conduct inquiry
184. Preliminary matters
185. Procedure
186. Hearings
187. Inquirer’s powers
188. Failure to comply with requirements of notice
189. Incriminating answers or documents
190. Disruption of inquiry
191. False information
192. Protection for certain purposes
193. Reports

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

Division 2 -- Changes to, or abolition of, health service provider

195. Amendment of order establishing health service provider
196. Abolition, amalgamation, merger or division of health service provider
197. Order may include savings and transitional provisions
198. Change of name
199. Board of health service provider
200. Transfer of assets, rights and liabilities
201. Former accounts

Division 3 -- General provisions

203. Registration of documents
204. Exemption from State tax
205. Transitional regulations
206. Effect of other instruments, rights and obligations

PART 16 -- Control of conduct and traffic on health service provider land

207. Term used: health service provider land
208. Declaration of health service provider land
209. Regulations about conduct on, and use of, health service provider land
210. Regulations about management and control of traffic
211. Requirement to leave health service provider land
212. Proceedings and payment of penalties

PART 17 -- Information

Division 1 -- General

213. Terms used
214. Health information management systems
215. Information held in health information management system

Division 2 -- Disclosure of information

216. Collection, use and disclosure of information by Department CEO
217. Disclosure of information by health service provider
217A. Disclosure of health information in health information management system under legal process
218. Requesting information

Division 3 -- Confidentiality

219. Confidentiality
220. Authorised collection, use or disclosure of information
221. Regulations relating to information

PART 18 -- Miscellaneous

Division 1 -- Legal proceedings

222. Commencement of prosecutions
223. Appointments and signatures taken to be proved
224. Documentary evidence of certain matters
225. Evidence Act 1906 not affected

Division 2 -- Miscellaneous

226. Protection from liability for persons exercising functions
227. Minister and health service providers not required to be registered
228. Modifications for purposes of Workers’ Compensation and Injury Management Act 1981 Part IV Division
229. Laying documents before House of Parliament not sitting
230. Regulations -- general power
231. Regulations may adopt codes or legislation

Division 3 -- Review of Act

232. Review of Act

PART 19 -- Transitional and savings matters

Division 1 -- Interpretation

233. Terms used

Division 2 -- Boards and ministerial control

234. Boards abolished and Minister ceases to control hospitals
235. Immunity continues

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
237. Transfer to health service provider or Ministerial Body
238. Transfer orders
239. Correction of errors in transfer orders
240. Reserves
241. Registration of documents
242. Hospital boards to complete necessary transactions
243. Exemption from State tax
244. Operating accounts of hospital boards

Division 4 -- Staff

245. Employees of hospital boards
246. Preservation of rights

Division 5 -- Continuation of certain things

247. Completion of things done
248. Continuing effect of things done
249. Agreements, instruments, proceedings and remedies generally

Division 6 -- Quadriplegic Centre

250. Terms used
251. Quadriplegic Centre continued
252. Quadriplegic Centre board members
253. Staff members
254. Preservation of rights
255. Transfer of contracts for services

Division 7 -- Other matters

256. Transitional regulations
257. Effect of other instruments, rights and obligations
258. Interpretation Act 1984 not affected

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
260. Validation of pre-commencement conduct in relation to health interests
261. Particular entities performing health services taken to be contracted health entities performing public health services
262. Validation of acts done by Department CEO or authorised person in relation to land not held by Minister or Ministerial Body
263. Validation of declarations of health service provider land under s.
264. Exemption from State tax

Division 2 -- Transitional provisions about reserves on eligible Crown land

265. Terms used
266. Change of management body of Crown reserves in relation to eligible Crown land
267. Changing particular condition in particular reserves over eligible Crown land by order
268. Validity of leases, subleases and licences entered into by granting entity in relation to eligible Crown land
269. Exemption from State tax
270. Registration of documents
Uncommenced provisions table
Other notes
Defined terms

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