HEALTH QUALITY AND COMPLAINTS COMMISSION BILL 2006

Queensland Bills

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This is a Bill, not an Act. For current law, see the Acts databases.

HEALTH QUALITY AND COMPLAINTS COMMISSION BILL 2006

Queensland Health Quality and Complaints Commission Bill 2006

Queensland Health Quality and Complaints Commission Bill 2006 Contents Page Chapter 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Main objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 Contravention of this Act does not create civil cause of action . . 15 6 Act does not affect other rights or remedies. . . . . . . . . . . . . . . . . 15 7 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8 Meaning of health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 9 Meaning of provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 10 Meaning of user . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Chapter 2 Establishment, independence, functions and powers of commission 11 Establishment of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 12 Commission's independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Commission's functions--health service complaints . . . . . . . . . . 17 14 Commission's functions--quality of health services. . . . . . . . . . . 17 15 Commission's functions--information . . . . . . . . . . . . . . . . . . . . . 18 16 Commission's other functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 17 Cooperation with other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 Commission's powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Commission's procedures informal . . . . . . . . . . . . . . . . . . . . . . . 20 Chapter 3 Quality of health services 20 Duty of provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 Commission may ask provider for information . . . . . . . . . . . . . . . 20 22 Commission may make standards . . . . . . . . . . . . . . . . . . . . . . . . 21

2 Health Quality and Complaints Commission Bill 2006 23 Consideration of provider's compliance with s 20(1) . . . . . . . . . . 21 24 Action by commission for contravention of s 20(1) . . . . . . . . . . . . 22 25 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 26 Representations about show cause notice. . . . . . . . . . . . . . . . . . 23 27 Ending show cause process without further action . . . . . . . . . . . 23 28 Finalising report under s 24(1)(b) . . . . . . . . . . . . . . . . . . . . . . . . . 24 29 Finalising report under s 24(1)(b) without giving show cause notice ..................................... 24 30 When Minister must table report . . . . . . . . . . . . . . . . . . . . . . . . . 24 Chapter 4 Development of Code of Health Rights and Responsibilities 31 Code of Health Rights and Responsibilities . . . . . . . . . . . . . . . . . 25 32 Consultation on code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 33 Content of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 34 Principles relating to content of code . . . . . . . . . . . . . . . . . . . . . . 26 Chapter 5 Health complaints Part 1 Interpretation 35 Types of health complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 36 Meaning of health quality complaint . . . . . . . . . . . . . . . . . . . . . . . 27 37 Meaning of health service complaint . . . . . . . . . . . . . . . . . . . . . . 27 Part 2 Making health complaints Division 1 Who may make health quality complaints 38 Who may complain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 39 Health quality complaint about matter happening before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 2 Who may make health service complaints 40 Who may complain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 41 Representative health service complaint . . . . . . . . . . . . . . . . . . . 29 42 Health service complaint about matter happening before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 43 Substitution of complainant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 44 Health service complaints about persons who are no longer registered providers ............................ 31 Division 3 Process for making health complaints 45 How to make a health complaint . . . . . . . . . . . . . . . . . . . . . . . . . 32 46 Oral complaints to be confirmed in writing . . . . . . . . . . . . . . . . . . 32 47 Complainant to reveal identity . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 48 Further information from complainant . . . . . . . . . . . . . . . . . . . . . 33 49 Commission may require oath or statutory declaration . . . . . . . . 33

3 Health Quality and Complaints Commission Bill 2006 Part 3 Dealing with health quality complaints 50 How commission must deal with a health quality complaint. . . . . 33 51 Dealing with quality matter as health service complaint. . . . . . . . 34 Part 4 Dealing with health service complaints Division 1 Early resolution of health service complaints 52 Early resolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 2 Assessment of health service complaints 53 Commission to immediately assess each health service complaint ................................... 35 54 Notice of decision to assess health service complaint . . . . . . . . . 36 55 Submissions about health service complaint . . . . . . . . . . . . . . . . 36 56 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 57 Consultation with registration board . . . . . . . . . . . . . . . . . . . . . . . 37 58 Time limit on assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 59 Decision on assessment of health service complaint. . . . . . . . . . 39 60 Notice of assessment decision. . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 3 Action on acceptance of health service complaints 61 Action on acceptance of complaint about provider. . . . . . . . . . . . 40 62 Matters about conciliation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 4 Decisions not to take action on health service complaints 63 When commission must decide not to take action . . . . . . . . . . . . 41 64 When commission may decide not to take action . . . . . . . . . . . . 42 65 Withdrawal of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 5 When commission must refer health service complaints to registration boards 66 Referral to registration board in public interest . . . . . . . . . . . . . . . 43 Division 6 Other matters 67 Commission may deal with complaint as 2 or more complaints ................................ 44 68 Registration board may delegate function under s 57 . . . . . . . . . 45 69 Reports by certain entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 70 Use of health service complaint information for quality functions. 46 71 General powers to gather information and facilitate resolution of complaints ................................... 47 Chapter 6 Conciliation 72 Conciliator's function exclusive. . . . . . . . . . . . . . . . . . . . . . . . . . . 47 73 Commission officer not to conciliate and investigate same health service complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

4 Health Quality and Complaints Commission Bill 2006 74 Conciliation function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 75 Public interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 76 Action by commission on becoming aware of public interest issue ................................ 48 77 Progress reports from conciliator . . . . . . . . . . . . . . . . . . . . . . . . . 50 78 Results report from conciliator . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 79 Enforceable agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 80 Action on report of unsuccessful conciliation . . . . . . . . . . . . . . . . 50 81 Ending conciliation by commission. . . . . . . . . . . . . . . . . . . . . . . . 51 82 Conciliation privileged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 83 Confidentiality of conciliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 84 Professional mentor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 85 Administrative support staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Chapter 7 Investigations by commission Part 1 Commission's investigations 86 Commission's investigations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Part 2 Referral of matter to other entity 87 Referral to another entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 88 Investigation by other entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 89 Commission's powers not affected by reference . . . . . . . . . . . . . 57 Part 3 Action on investigation 90 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 91 Commission's report about investigation . . . . . . . . . . . . . . . . . . . 57 92 To whom report may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Part 4 Conciliation after investigation 93 Conciliation of investigated health service complaint . . . . . . . . . . 58 Chapter 8 Inquiries by commission 94 Commission may conduct an inquiry . . . . . . . . . . . . . . . . . . . . . . 58 95 Commission must conduct inquiry if directed by Minister. . . . . . . 59 96 Constitution of commission for inquiry . . . . . . . . . . . . . . . . . . . . . 59 97 Who is to preside at inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 98 Commission must be assisted by lawyer . . . . . . . . . . . . . . . . . . . 60 99 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 100 Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 101 Inquiry to be held in public other than in special circumstances . 60 102 Suppression of name of witness . . . . . . . . . . . . . . . . . . . . . . . . . 61

5 Health Quality and Complaints Commission Bill 2006 103 Protection of commission members, representatives and witnesses ...................................... 61 104 Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . 62 105 Commission's powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . 62 106 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 107 Notice requiring information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 108 Inspection of records or other things . . . . . . . . . . . . . . . . . . . . . . 63 109 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 110 Contempt of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 111 Change or absence of inquiry member . . . . . . . . . . . . . . . . . . . . 65 112 Report by commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 113 Minister must table report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Chapter 9 Monitoring, enforcement and investigations Part 1 Authorised persons' functions and powers generally 114 Functions of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . 66 115 Powers of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Part 2 Appointment of authorised persons 116 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 117 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 67 118 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 119 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 67 120 When authorised person ceases to hold office . . . . . . . . . . . . . . 68 121 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 122 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Part 3 Powers of authorised persons Division 1 Power to obtain information 123 Power to require information or attendance . . . . . . . . . . . . . . . . . 69 124 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 125 Inspection of produced things . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 2 Entry of places 126 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Division 3 Procedure for entry 127 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 128 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 129 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 130 Application by electronic communication and duplicate warrant . 74 131 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

6 Health Quality and Complaints Commission Bill 2006 132 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 76 Division 4 Powers after entry 133 General powers after entering places . . . . . . . . . . . . . . . . . . . . . 77 134 Exercise of general powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 135 Failure to help authorised person . . . . . . . . . . . . . . . . . . . . . . . . . 78 Division 5 Power to seize evidence 136 Seizing evidence at a place that may be entered without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 137 Seizing evidence at a place that may only be entered with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 138 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 139 Forfeiture of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 140 Dealing with forfeited things etc.. . . . . . . . . . . . . . . . . . . . . . . . . . 81 141 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 142 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Division 6 Compensation 143 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 144 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Division 7 General enforcement matters 145 Obstructing authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 146 Impersonation of authorised person. . . . . . . . . . . . . . . . . . . . . . . 84 Chapter 10 Matters concerning the commission Part 1 Membership 147 Membership of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 148 Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 149 Assistant commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 150 Ineligibility for appointment as commission member . . . . . . . . . . 86 151 Term and conditions of appointment . . . . . . . . . . . . . . . . . . . . . . 86 152 Vacancy in commission member's office . . . . . . . . . . . . . . . . . . . 87 153 Removal or suspension of commission member . . . . . . . . . . . . . 87 154 Grant of leave to commission member. . . . . . . . . . . . . . . . . . . . . 87 155 Filling vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Part 2 Commission business 156 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 157 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 158 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 159 Quorum for meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

7 Health Quality and Complaints Commission Bill 2006 160 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 161 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 162 Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Part 3 Ministers powers to give directions 163 Minister may direct inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 164 Other directions by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Part 4 Other matters 165 Commission's relationship with the State . . . . . . . . . . . . . . . . . . . 92 166 Delegation by the commission . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 167 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 168 Superannuation for commission member who was previously a public service officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 169 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 170 Nomination of persons for membership of district health councils ..................................... 94 171 Application of various public sector Acts . . . . . . . . . . . . . . . . . . . 94 172 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 173 Special report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Chapter 11 Office of the Health Quality and Complaints Commission Part 1 Establishment 174 Establishment of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Part 2 Office's function and powers 175 Function and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 176 Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Part 3 Chief executive officer 177 Appointment of chief executive officer . . . . . . . . . . . . . . . . . . . . . 98 178 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 179 Function of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 180 Chief executive must act independently etc. . . . . . . . . . . . . . . . . 98 181 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 182 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 183 Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 184 Acting chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 185 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 186 Superannuation for chief executive who was previously a public service officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Part 4 Other staff of the office 187 Other commission staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

8 Health Quality and Complaints Commission Bill 2006 Chapter 12 Registration boards 188 Information from registration board . . . . . . . . . . . . . . . . . . . . . . . 101 189 Registration board may ask commission for information . . . . . . . 101 190 Commission may intervene in disciplinary proceedings. . . . . . . . 101 Chapter 13 Offences and proceedings 191 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 102 192 False or misleading records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 193 Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . 103 194 Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 195 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . 103 196 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 197 Limitation on time for starting proceedings for summary offence .................................... 104 198 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . 104 199 Limitation on who may summarily hear indictable offence . . . . . . 105 200 Allegations of false or misleading information or records . . . . . . . 105 201 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 202 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 203 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Chapter 14 Other matters 204 Verifying information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 205 Response to adverse comments in commission report . . . . . . . . 107 206 Dispensing with notice or opportunity to make submissions . . . . 107 207 Commission may give combined notice . . . . . . . . . . . . . . . . . . . . 108 208 Failure by commission to give notice or make assessment . . . . . 108 209 Form of consultation between commission and registration board ........................................ 109 210 Commission may provide information . . . . . . . . . . . . . . . . . . . . . 109 211 Investigation etc. despite proceedings . . . . . . . . . . . . . . . . . . . . . 109 212 Giving of information protected . . . . . . . . . . . . . . . . . . . . . . . . . . 109 213 Reports privileged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 214 Preservation of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 215 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 113 216 Review by committee of the Legislative Assembly . . . . . . . . . . . . 113 217 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

9 Health Quality and Complaints Commission Bill 2006 Chapter 15 Repeal and transitional provisions Part 1 Repeal 218 Repeal of Health Rights Commission Act 1991 . . . . . . . . . . . . . . 114 Part 2 Transitional provisions 219 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 220 References to repealed Act or former commission . . . . . . . . . . . 114 221 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 222 Officers of former commission . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 223 Former commission's records . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 224 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 225 Health service complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 226 Direction of Minister given under repealed Act. . . . . . . . . . . . . . . 117 227 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 228 Things seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 229 Former commission's annual report for 2005-2006 . . . . . . . . . . . 117 230 Amendment of regulation by Act . . . . . . . . . . . . . . . . . . . . . . . . . 118 231 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 118 Chapter 16 Amendment of Health Services Act 1991 232 Act amended in ch 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 233 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 119 234 Amendment of s 10 (Appointment of members). . . . . . . . . . . . . . 119 235 Amendment of s 17 (Times and places of meetings) . . . . . . . . . . 119 236 Amendment of s 22 (Managers for districts) . . . . . . . . . . . . . . . . 120 237 Insertion of new s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 23A Tabling of council reports . . . . . . . . . . . . . . . . . . . . . . 120 238 Amendment of s 24 (Appointment of health service employees) . 120 239 Insertion of new s 62LA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 62LA Disclosure to Health Quality and Complaints Commission ..................... 121 240 Insertion of new pt 9, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Division 6 Transitional provisions for Health Quality and Complaints Commission Act 2006 83 Existing members of district health councils. . . . . . . . 121 Chapter 17 Amendment of other legislation 241 Amendment of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Schedule 1 Health services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Schedule 2 Registration boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

10 Health Quality and Complaints Commission Bill 2006 Schedule 3 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Births, Deaths and Marriages Registration Act 2003 . . . . . . . . . . 126 Chiropractors Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . 127 Commission for Children and Young People and Child Guardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Dental Practitioners Registration Act 2001. . . . . . . . . . . . . . . . . . 128 Dental Technicians and Dental Prosthetists Registration Act 2001 ................................. 129 Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Evidence Regulation 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 130 Health Practitioners (Professional Standards) Act 1999 . . . . . . . 130 Health Practitioners (Special Events Exemption) Act 1998 . . . . . 138 Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Medical Practitioners Registration Act 2001. . . . . . . . . . . . . . . . . 139 Medical Radiation Technologists Registration Act 2001. . . . . . . . 139 Mental Health Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Nursing Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Occupational Therapists Registration Act 2001 . . . . . . . . . . . . . . 143 Ombudsman Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Optometrists Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . . 144 Osteopaths Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . 144 Parliament of Queensland Act 2001. . . . . . . . . . . . . . . . . . . . . . . 145 Personal Injuries Proceedings Act 2002. . . . . . . . . . . . . . . . . . . . 145 Personal Injuries Proceedings Regulation 2002. . . . . . . . . . . . . . 147 Pharmacists Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . . 147 Physiotherapists Registration Act 2001 . . . . . . . . . . . . . . . . . . . . 147 Podiatrists Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 148 Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Psychologists Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . 148 Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Public Health (Infection Control for Personal Appearance Services) Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Public Service Act 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Public Service Regulation 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . 150

11 Health Quality and Complaints Commission Bill 2006 Speech Pathologists Registration Act 2001 . . . . . . . . . . . . . . . . . 150 Statutory Bodies Financial Arrangements Regulation 1997. . . . . 151 Schedule 4 Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Dental Technicians and Dental Prosthetists Registration Act 2001 ..................................... 152 Health Act 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Health Practitioners (Professional Standards) Act 1999 . . . . . . . 153 Health Services Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Hospitals Foundations Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . 154 Nursing Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Pest Management Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Public Health (Infection Control for Personal Appearance Services) Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Research Involving Human Embryos and Prohibition of Human Cloning Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Tobacco and Other Smoking Products Act 1998 . . . . . . . . . . . . . 160 Transplantation and Anatomy Act 1979 . . . . . . . . . . . . . . . . . . . . 160 Schedule 5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162

2006 A Bill for An Act to establish the Health Quality and Complaints Commission, to improve the quality of health services and to provide for the monitoring of the quality of health services and the management of health complaints, and for other purposes

s1 14 s3 Health Quality and Complaints Commission Bill 2006 The Parliament of Queensland enacts-- 1 Chapter 1 Preliminary 2 1 Short title 3 This Act may be cited as the Health Quality and Complaints 4 Commission Act 2006. 5 2 Commencement 6 (1) This Act, other than section 240, commences on 1 July 2006. 7 (2) Section 240 commences on a day to be fixed by proclamation. 8 3 Main objects 9 (1) The main objects of this Act are to provide for-- 10 (a) oversight and review of, and improvement in, the quality 11 of health services; and 12 (b) independent review and management of health 13 complaints. 14 (2) The objects are to be achieved mainly by establishing the 15 Health Quality and Complaints Commission and conferring 16 on the commission functions and powers, including functions 17 and powers relating to-- 18 (a) monitoring, reviewing and reporting on the quality of 19 health services; and 20 (b) recommending action to improve the quality of health 21 services; and 22 (c) receiving and managing complaints about health 23 services; and 24 (d) helping users and providers to resolve health service 25 complaints; and 26 (e) preserving and promoting health rights. 27

s4 15 s8 Health Quality and Complaints Commission Bill 2006 4 Act binds all persons 1 (1) This Act binds all persons, including the State and, as far as 2 the legislative power of the Parliament permits, the 3 Commonwealth and the other States. 4 (2) Subsection (1) does not make the State, the Commonwealth or 5 another State liable to be prosecuted for an offence against 6 this Act. 7 5 Contravention of this Act does not create civil cause of 8 action 9 Subject to section 195,1 no provision of this Act creates a civil 10 cause of action based on a contravention of the provision. 11 6 Act does not affect other rights or remedies 12 (1) This Act does not affect or limit a civil right or remedy that 13 exists apart from this Act, whether at common law or 14 otherwise. 15 (2) Without limiting subsection (1), compliance with this Act 16 does not necessarily show that a civil obligation that exists 17 apart from this Act has been satisfied or has not been 18 breached. 19 (3) This section does not limit section 212, 213 or 215.2 20 7 Dictionary 21 The dictionary in schedule 5 defines particular words used in 22 this Act. 23 8 Meaning of health service 24 Health service means-- 25 (a) a service provided to an individual for, or purportedly 26 for, the benefit of human health-- 27 1 Section 195 (Damages entitlement for reprisal) 2 Section 212 (Giving of information protected), 213 (Reports privileged) or 215 (Protecting officials from liability)

s9 16 s 12 Health Quality and Complaints Commission Bill 2006 (i) including a service stated in schedule 1, part 1; and 1 (ii) excluding a service stated in schedule 1, part 2; or 2 (b) an administrative process or service related to a health 3 service under paragraph (a). 4 9 Meaning of provider 5 Provider means a person who provides a health service or a 6 registered provider. 7 10 Meaning of user 8 (1) User means an individual who uses or receives a health 9 service. 10 (2) An individual is not a user merely because the individual 11 arranges a health service for another individual. 12 Chapter 2 Establishment, 13 independence, functions 14 and powers of commission 15 11 Establishment of commission 16 (1) The Health Quality and Complaints Commission is 17 established. 18 (2) The commission-- 19 (a) is a body corporate; and 20 (b) has perpetual succession and a common seal; and 21 (c) may sue and be sued in its corporate name. 22 12 Commission's independence 23 In performing its functions the commission must act 24 independently, impartially and in the public interest. 25

s 13 17 s 14 Health Quality and Complaints Commission Bill 2006 13 Commission's functions--health service complaints 1 The commission has the following functions in relation to 2 health service complaints-- 3 (a) receiving, assessing and managing health service 4 complaints; 5 (b) encouraging and helping users and providers to resolve 6 health service complaints; 7 (c) helping providers to develop procedures to effectively 8 resolve health service complaints; 9 (d) conciliating or investigating health service complaints. 10 14 Commission's functions--quality of health services 11 The commission has the following functions in relation to 12 health services-- 13 (a) monitoring and reporting on providers' compliance with 14 section 20(1);3 15 (b) making standards relating to the quality of health 16 services; 17 (c) assessing the quality of health services and processes 18 associated with health services; 19 (d) responding to health quality complaints, including by 20 conducting investigations and inquiries; 21 (e) promoting continuous quality improvement in health 22 services; 23 (f) promoting the effective coordination of reviews of 24 health services carried out by public or other bodies; 25 (g) recommending ways of improving health services; 26 (h) identifying and reviewing issues arising from health 27 complaints; 28 (i) receiving, analysing and disseminating information 29 about the quality of health services. 30 3 Section 20 (Duty of provider)

s 15 18 s 17 Health Quality and Complaints Commission Bill 2006 15 Commission's functions--information 1 The commission has the following functions in relation to the 2 provision of information-- 3 (a) providing information, education and advice to users, 4 providers, the public and others relating to-- 5 (i) health rights and responsibilities; and 6 (ii) procedures for resolving health service complaints; 7 (b) providing information, advice and reports about health 8 complaints to registration boards; 9 (c) providing information to the public about the quality of 10 health services, the commission standards and the 11 commission's functions and powers. 12 16 Commission's other functions 13 The commission's functions also include the following-- 14 (a) suggesting ways of improving health services and of 15 preserving and promoting health rights; 16 (b) investigating or inquiring into matters under this Act; 17 (c) advising and reporting to the Minister on matters 18 relating to health services or the administration of this 19 Act; 20 (d) advertising for and nominating to the Minister persons 21 the commission considers suitable for appointment as 22 members of district health councils; 23 (e) conducting research relating to its functions; 24 (f) performing other functions conferred on the 25 commission under an Act. 26 17 Cooperation with other entities 27 To help the commission in performing its functions it must-- 28 (a) keep effective links with-- 29 (i) providers generally; and 30

s 18 19 s 18 Health Quality and Complaints Commission Bill 2006 (ii) organisations that have a demonstrated interest in 1 the provision of health services; and 2 (b) consult and cooperate with any public authority that has 3 a function that is relevant to, or may impact on, a 4 function of the commission, including for example-- 5 (i) the Anti-Discrimination Commission; and 6 (ii) the Commission for Children and Young People 7 and Child Guardian; and 8 (iii) the Crime and Misconduct Commission; and 9 (iv) the Human Rights and Equal Opportunity 10 Commission of the Commonwealth; and 11 (v) the Information Commissioner; and 12 (vi) the ombudsman; and 13 (vii) the Privacy Commissioner of the Commonwealth; 14 and 15 (viii) a registration board; and 16 (ix) the State Coroner. 17 18 Commission's powers 18 (1) The commission has all the powers of an individual and may, 19 for example, do any of the following-- 20 (a) enter into contracts and other arrangements; 21 (b) acquire, hold, dispose of, and deal with, property; 22 (c) appoint agents and attorneys; 23 (d) engage consultants; 24 (e) fix charges and other terms for services and other 25 facilities it supplies; 26 (f) do anything else necessary or convenient to be done in 27 performing its functions. 28 (2) The commission also has the other powers given to it under an 29 Act. 30

s 19 20 s 21 Health Quality and Complaints Commission Bill 2006 19 Commission's procedures informal 1 (1) In performing its functions or exercising its powers, the 2 commission must-- 3 (a) observe natural justice; and 4 (b) act as quickly, and with as little formality and 5 technicality, as practicable. 6 (2) Subsection (1) is subject to the express provisions of this Act. 7 8 Example-- 9 Under section 206 the commission is empowered to dispense with a 10 duty to give notice or to give an entity an opportunity to make 11 submissions in circumstances mentioned in the section. Chapter 3 Quality of health services 12 20 Duty of provider 13 (1) A provider must establish, maintain and implement 14 reasonable processes to improve the quality of health services 15 provided by or for the provider, including processes-- 16 (a) to monitor the quality of the health services; and 17 (b) to protect the health and well being of users of the health 18 services. 19 (2) If a commission standard applying to a provider states a way 20 for complying with subsection (1), the provider complies with 21 the subsection if the provider complies with the standard. 22 (3) Subsection (2) does not limit the way the provider may 23 comply with subsection (1). 24 21 Commission may ask provider for information 25 (1) The commission may ask a provider for reports, records or 26 other information relating to the quality of health services 27 provided by or for the provider. 28

s 22 21 s 23 Health Quality and Complaints Commission Bill 2006 (2) This section does not limit the use of coercive powers under 1 chapter 9, part 3 to obtain information from a provider 2 relating to the quality of health services provided by or for the 3 provider. 4 22 Commission may make standards 5 (1) The commission may make standards about the processes a 6 provider may adopt to comply with section 20(1). 7 (2) Without limiting subsection (1), a standard may relate to any 8 aspect of the quality of health services, including matters 9 relating to-- 10 (a) safety, clinical and cost effectiveness, patient focus, 11 access and responsiveness, public health, facilities and 12 governance; and 13 (b) the review of deaths in hospitals. 14 (3) The commission must maintain a website setting out in an 15 easily understandable way-- 16 (a) each standard made by it and any document applied, 17 adopted or incorporated by the standard; and 18 (b) each standard revoked by it; and 19 (c) the effective date of each standard mentioned in 20 paragraph (a) or (b); and 21 (d) consolidations of amended standards with histories of 22 the amendments. 23 (4) The commission must have a process for reviewing each 24 standard. 25 (5) Before the commission makes or amends a standard it must 26 consult with the persons it considers are likely to be affected 27 by the standard and others it considers appropriate. 28 23 Consideration of provider's compliance with s 20(1) 29 (1) For deciding whether a provider is complying with section 30 20(1),4 the commission may have regard to-- 31 4 Section 20 (Duty of provider)

s 24 22 s 24 Health Quality and Complaints Commission Bill 2006 (a) a commission standard; or 1 (b) whether the provider has been accredited for a relevant 2 purpose by an entity the commission considers is 3 competent to give the accreditation. 4 (2) Subsection (1) does not limit the matters the commission may 5 have regard to. 6 24 Action by commission for contravention of s 20(1) 7 (1) If the commission believes a provider has contravened section 8 20(1) it may do any of the following-- 9 (a) advise the provider of the contravention and recommend 10 ways for the provider to comply with the subsection; 11 (b) prepare a report about the contravention for the purpose 12 of giving it to an entity mentioned in subsection (2); 13 (c) if the commission considers the contravention should be 14 investigated or otherwise dealt with by an entity that has 15 a function or power under another Act or a 16 Commonwealth Act to investigate or otherwise deal 17 with the contravention or a matter related to the 18 contravention--refer it to the entity. 19 (2) The commission may give a report prepared under subsection 20 (1)(b) to all or any of the following-- 21 (a) the provider; 22 (b) an employer of the provider; 23 (c) an entity on whose behalf the provider is providing 24 health services; 25 (d) a registration board; 26 (e) a professional association or other entity of which the 27 provider is, or is eligible to be, a member; 28 (f) the Minister; 29 (g) the chief health officer; 30 (h) the State Coroner; 31 (i) an entity that has a function or power to take action on 32 matters raised in the report. 33

s 25 23 s 27 Health Quality and Complaints Commission Bill 2006 25 Show cause notice 1 (1) The commission must not finalise a report under section 2 24(1)(b) relating to a contravention of section 20(1) by a 3 provider unless the commission first gives the provider a 4 notice (a show cause notice) stating the following-- 5 (a) that the commission believes the provider has 6 contravened, or is contravening, section 20(1); 7 (b) an outline of the facts and circumstances forming the 8 basis for the commission's belief; 9 (c) that the commission is finalising a report about the 10 contravention (the proposed action); 11 (d) an invitation to the provider to show within a stated 12 period (the show cause period) why the proposed action 13 should not be taken. 14 (2) The show cause period must be a period ending at least 14 15 days after the show cause notice is given to the provider. 16 26 Representations about show cause notice 17 (1) The provider may make written representations about the 18 show cause notice to the commission in the show cause 19 period. 20 (2) The commission must consider all written representations (the 21 accepted representations) made under subsection (1). 22 27 Ending show cause process without further action 23 If, after considering the accepted representations for the show 24 cause notice, the commission no longer believes the provider 25 contravened section 20(1), the commission-- 26 (a) must not take further action about the show cause 27 notice; and 28 (b) must, as soon as practicable, give notice to the provider 29 that no further action is to be taken about the show cause 30 notice. 31

s 28 24 s 30 Health Quality and Complaints Commission Bill 2006 28 Finalising report under s 24(1)(b) 1 (1) This section applies if, after considering the accepted 2 representations for the show cause notice, the commission -- 3 (a) still believes the provider contravened section 20(1); and 4 (b) believes the proposed action is warranted. 5 (2) This section also applies if there are no accepted 6 representations for the show cause notice. 7 (3) The commission may finalise a report under section 24(1)(b) 8 about the contravention. 9 (4) Subject to section 205,5 the report may contain information, 10 comment, opinion and recommendations for action the 11 commission considers appropriate. 12 29 Finalising report under s 24(1)(b) without giving show 13 cause notice 14 Despite section 25, the commission may finalise a report 15 under section 24(1)(b) about a contravention of section 20(1) 16 by a provider without first giving the provider a show cause 17 notice if the commission believes-- 18 (a) the provider poses a serious potential risk to the life, or 19 the physical or psychological health, safety or welfare, 20 of users of the provider's services or another person, 21 including the provider; and 22 (b) finalising the report and acting under section 24(2) may 23 protect the users or person. 24 30 When Minister must table report 25 (1) This section applies if the Minister is given a report under 26 section 24(2) and, when giving the report, the commission 27 asks the Minister to table it in the Legislative Assembly. 28 (2) The Minister must table the report in the Legislative 29 Assembly within 14 days of receiving it. 30 5 Section 205 (Response to adverse comments in commission report)

s 31 25 s 33 Health Quality and Complaints Commission Bill 2006 Chapter 4 Development of Code of 1 Health Rights and 2 Responsibilities 3 31 Code of Health Rights and Responsibilities 4 (1) Within 2 years after the commencement of section 11,6 the 5 commission must develop a Code of Health Rights and 6 Responsibilities (the code) for the consideration of the 7 Minister. 8 (2) The commission must report to the Minister on the progress of 9 the development of the code no later than 1 year after that 10 commencement. 11 32 Consultation on code 12 In developing the code, the commission must-- 13 (a) consult with the consumer advisory committee and the 14 clinical advisory committee established under section 15 169(1)(a); and 16 (b) invite submissions from and consult with interested 17 individuals and other interested entities to ensure a wide 18 range of views is available in the development of the 19 code. 20 33 Content of code 21 (1) In developing the code the commission must consider and 22 make recommendations to the Minister about its content and 23 application. 24 (2) In developing the content of the code, the commission-- 25 (a) may have regard to all matters relevant to the provision 26 and use of health services; and 27 (b) must have regard to the principles mentioned in section 28 34. 29 6 Section 11 (Establishment of commission)

s 34 26 s 35 Health Quality and Complaints Commission Bill 2006 34 Principles relating to content of code 1 The principles the commission must have regard to in 2 developing the content of the code are the following-- 3 (a) an individual is entitled to take part effectively in 4 decisions about the individual's health; 5 (b) an individual is entitled to take an active role in the 6 individual's health care; 7 (c) an individual is entitled to be provided with health 8 services in a considerate way that takes into account the 9 individual's background, needs and wishes; 10 (d) an individual who provides-- 11 (i) a health service; or 12 (ii) care for another individual receiving a health 13 service; 14 is entitled to consideration and recognition for the 15 contribution the individual makes to health care; 16 (e) the confidentiality of information about an individual's 17 health should be preserved; 18 (f) an individual is entitled to reasonable access to records 19 about the individual's health; 20 (g) an individual is entitled to reasonable access to 21 procedures for the redress of grievances relating to the 22 provision of health services. 23 Chapter 5 Health complaints 24 Part 1 Interpretation 25 35 Types of health complaints 26 There are 2 types of health complaints namely-- 27

s 36 27 s 37 Health Quality and Complaints Commission Bill 2006 � health quality complaints; and 1 � health service complaints. 2 36 Meaning of health quality complaint 3 (1) A health quality complaint is a complaint about any of the 4 following-- 5 (a) the quality of a health service; 6 (b) a contravention of section 20(1);7 7 (c) matters relating to the provision of more than 1 health 8 service. 9 (2) A health quality complaint may be about the provision of a 10 health service to 1 or more users. 11 37 Meaning of health service complaint 12 (1) A health service complaint is a complaint-- 13 (a) that a provider acted unreasonably by not providing a 14 health service for a user; or 15 (b) that a provider acted unreasonably in the way of 16 providing a health service for a user; or 17 (c) that a provider acted unreasonably in providing a health 18 service for a user; or 19 (d) that a provider acted unreasonably by denying or 20 restricting a user's access to records relating to the user 21 in the provider's possession; or 22 (e) that a provider acted unreasonably in disclosing 23 information relating to a user; or 24 (f) that a registered provider acted in a way that would 25 provide a ground for disciplinary action against the 26 provider under the Health Practitioners (Professional 27 Standards) Act 1999 or the Nursing Act 1992; or 28 (g) that a public or private entity that provides a health 29 service acted unreasonably by-- 30 7 Section 20 (Duty of provider)

s 38 28 s 38 Health Quality and Complaints Commission Bill 2006 (i) not properly investigating; or 1 (ii) not taking proper action in relation to; 2 a complaint made to the entity by a user about a 3 provider's action of a kind mentioned in paragraphs (a) 4 to (f). 5 (2) In deciding whether a provider has acted unreasonably as 6 mentioned in subsection (1)(a) to (e) or (g), the commission 7 must consider-- 8 (a) the principles mentioned in section 34;8 and 9 (b) any relevant commission standard; and 10 (c) the generally accepted standards of health services 11 expected of providers of that kind; and 12 (d) anything else the commission considers relevant. 13 Part 2 Making health complaints 14 Division 1 Who may make health quality 15 complaints 16 38 Who may complain 17 Anyone may make a health quality complaint to the 18 commission. 19 20 Note-- 21 Division 3 states the process for making a health quality complaint. 8 Section 34 (Principles relating to content of code)

s 39 29 s 41 Health Quality and Complaints Commission Bill 2006 39 Health quality complaint about matter happening before 1 commencement 2 A health quality complaint may be about a matter that 3 happened before the commencement of section 11.9 4 Division 2 Who may make health service 5 complaints 6 40 Who may complain 7 (1) A health service complaint may be made to the commission 8 by-- 9 (a) the user; or 10 (b) a person who, under section 41, may make a complaint 11 on the user's behalf; or 12 (c) the Minister; or 13 (d) if the commission considers that the public interest 14 requires that another person should be permitted to 15 make a health service complaint--that person. 16 (2) The Minister may make a health service complaint despite a 17 previous health service complaint having been made in 18 relation to the same matter by another person. 19 20 Note-- 21 Division 3 states the process for making a health service complaint. 41 Representative health service complaint 22 (1) A health service complaint may only be made to the 23 commission by a person acting on behalf of the user if the 24 commission is satisfied that it would be difficult or impossible 25 for the user to make the complaint personally. 26 27 Example-- 28 If the user is a child, the commission may be satisfied that it would be 29 difficult for the child to make the complaint personally having regard to 30 the child's age or ability to understand. 9 Section 11 (Establishment of commission)

s 42 30 s 42 Health Quality and Complaints Commission Bill 2006 (2) The person making the health service complaint on behalf of 1 the user must be-- 2 (a) a person that the commission is satisfied has been 3 chosen by the user; or 4 (b) if the commission is satisfied that it would be difficult or 5 impossible for the user to choose anybody to make a 6 complaint in the user's place--a person the commission 7 is satisfied has a sufficient interest. 8 (3) However, any of the following may make a health service 9 complaint on behalf of a user who has impaired capacity for a 10 matter within the meaning of the Guardianship and 11 Administration Act 2000-- 12 (a) an attorney for the user under an enduring power of 13 attorney, or advance health directive, under the Powers 14 of Attorney Act 1998; 15 (b) a statutory health attorney under the Powers of Attorney 16 Act 1998; 17 (c) a guardian for the user under the Guardianship and 18 Administration Act 2000; 19 (d) the adult guardian under the Guardianship and 20 Administration Act 2000. 21 (4) Also, a health service complaint may be made by a person on 22 behalf of a user, after the user's death, if the commission is 23 satisfied the person has a sufficient interest. 24 42 Health service complaint about matter happening before 25 commencement 26 A health service complaint may be about a matter that 27 happened before the commencement of section 11.10 28 Note-- 29 30 Section 63(3) states the circumstances in which the commission must 31 decide not to take action on a health service complaint if the matter of 32 complaint arose more than 1 year before the complaint was made to the 33 commission. 10 Section 11 (Establishment of commission)

s 43 31 s 44 Health Quality and Complaints Commission Bill 2006 43 Substitution of complainant 1 (1) A person may be substituted as the complainant for a health 2 service complaint if-- 3 (a) the-- 4 (i) commission is satisfied it would be difficult or 5 impossible for the original complainant to continue 6 as complainant; or 7 (ii) the original complainant dies; and 8 (b) the commission is satisfied the person has a sufficient 9 interest. 10 (2) Also, a person mentioned in section 41(3)(a) to (d) may be 11 substituted as the complainant for a health service complaint 12 if the original complainant has impaired capacity for a matter 13 within the meaning of the Guardianship and Administration 14 Act 2000. 15 44 Health service complaints about persons who are no 16 longer registered providers 17 (1) This section applies if-- 18 (a) the commission receives a health service complaint 19 about a person who was a registered provider; and 20 (b) the complaint relates to the conduct or practice of the 21 person as a registered provider; and 22 (c) the person is no longer a registered provider. 23 (2) The commission must deal with the complaint as if the 24 complaint were a health service complaint about a registered 25 provider. 26 (3) This Act applies, with any necessary changes, to the person 27 about whom the complaint was made as if a reference to a 28 registered provider included the person. 29

s 45 32 s 47 Health Quality and Complaints Commission Bill 2006 Division 3 Process for making health 1 complaints 2 45 How to make a health complaint 3 A person may make a health complaint to the commission-- 4 (a) orally, either in person or by any form of distance 5 communication; or 6 (b) in writing given to the commission. 7 46 Oral complaints to be confirmed in writing 8 (1) If a person makes a health complaint orally, the commission 9 must require the person to confirm the complaint in writing 10 unless the commission is satisfied there is good reason not to. 11 (2) The commission must fix a reasonable time within which the 12 health complaint must be confirmed in writing and tell the 13 person the time. 14 47 Complainant to reveal identity 15 (1) A complainant must tell the commission-- 16 (a) the complainant's name and address; and 17 (b) other information relating to the complainant's identity 18 that the commission reasonably requires. 19 (2) The commission may keep information provided by a 20 complainant under subsection (1) confidential if-- 21 (a) there are special circumstances; and 22 (b) the commission considers it is in the complainant's 23 interests to do so. 24 (3) Despite subsection (1), the commission may accept an 25 anonymous health complaint in the public interest. 26

s 48 33 s 50 Health Quality and Complaints Commission Bill 2006 48 Further information from complainant 1 The commission may ask a complainant to provide more 2 information about the health complaint within a reasonable 3 time fixed by the commission. 4 49 Commission may require oath or statutory declaration 5 The commission may at any time require a health complaint 6 or information provided by a complainant to be verified by the 7 complainant by oath or statutory declaration. 8 Part 3 Dealing with health quality 9 complaints 10 50 How commission must deal with a health quality 11 complaint 12 (1) The commission must deal with a health quality complaint in 13 a way that is consistent with protecting the public and 14 improving the quality of health services. 15 (2) In dealing with a health quality complaint, the commission 16 may do any or all of the following-- 17 (a) seek information from a provider, user, the complainant 18 or anyone else; 19 (b) if the complaint is about a registered provider and the 20 commission considers the provider may have acted in a 21 way that would provide a ground for disciplinary action 22 against the provider under the Health Practitioners 23 (Professional Standards) Act 1999 or the Nursing Act 24 1992--refer it to the provider's registration board; 25 (c) refer the complaint to another entity that the 26 commission considers is able to investigate or take other 27 appropriate action about the complaint; 28 (d) investigate the complaint under chapter 7; 29 (e) inquire into the complaint under chapter 8. 30

s 51 34 s 52 Health Quality and Complaints Commission Bill 2006 (3) However, the commission may decide not to take action about 1 a health quality complaint if it considers no action is 2 warranted. 3 51 Dealing with quality matter as health service complaint 4 (1) This section applies if the commission considers a matter 5 raised by a health quality complaint, or raised in the course of 6 the commission dealing with the complaint, could be dealt 7 with as a health service complaint. 8 (2) The commission may decide to deal with the matter as a 9 health service complaint. 10 (3) If the commission decides to deal with the matter as a health 11 service complaint, the matter is taken to be a health service 12 complaint made to the commission by the complainant under 13 part 2, division 2 and the provisions of this Act applying to 14 health service complaints apply. 15 Part 4 Dealing with health service 16 complaints 17 Division 1 Early resolution of health service 18 complaints 19 52 Early resolution 20 (1) This section applies if the commission considers there is a 21 reasonable likelihood that it may be able to facilitate the early 22 resolution of a health service complaint and the complainant 23 agrees to the commission acting under this section. 24 (2) The commission may, instead of immediately assessing the 25 health service complaint under section 53, take the action it 26 considers reasonable to facilitate the resolution of the 27 complaint. 28

s 53 35 s 53 Health Quality and Complaints Commission Bill 2006 1 Example of action the commission may take-- 2 The commission may arrange mediation between the complainant and 3 the provider concerned. (3) This section is subject to section 66.11 4 Division 2 Assessment of health service 5 complaints 6 53 Commission to immediately assess each health service 7 complaint 8 (1) The commission must immediately assess a health service 9 complaint. 10 (2) However, the commission must not start the assessment 11 until-- 12 (a) the commission is satisfied the complainant is eligible to 13 make the health service complaint; and 14 (b) if the complaint is made orally--the complainant 15 confirms the complaint in writing or the commission is 16 satisfied there is good reason that the complaint need not 17 be confirmed in writing; and 18 (c) the complainant gives the commission the information 19 required under section 47(1)12 or the commission 20 decides to accept the complaint under section 47(3); and 21 (d) if the commission asks for further information about the 22 complaint under section 48 or requires the complaint or 23 further information to be verified by oath or statutory 24 declaration under section 4913--the complainant 25 complies with the request or requirement. 26 (3) If the commission attempts to resolve a health service 27 complaint under section 52, it-- 28 11 Section 66 (Referral to registration board in public interest) 12 Section 47 (Complainant to reveal identity) 13 Sections 48 (Further information from complainant) and 49 (Commission may require oath or statutory declaration)

s 54 36 s 55 Health Quality and Complaints Commission Bill 2006 (a) is not required to start the assessment of the complaint 1 until the earlier of the following happens-- 2 (i) it is satisfied the complaint is not able to be 3 resolved under section 52; or 4 (ii) the complaint remains unresolved 30 days after its 5 receipt by the commission; and 6 (b) if the complaint is resolved under that section, must not 7 assess the complaint. 8 (4) Also, subsection (1) is subject to section 66.14 9 54 Notice of decision to assess health service complaint 10 (1) As soon as practicable and within 14 days after starting the 11 assessment of a health service complaint, the commission 12 must give notice that the complaint is being assessed to-- 13 (a) the complainant; and 14 (b) the provider to whom the complaint relates; and 15 (c) if the provider is a registered provider--the registered 16 provider's registration board. 17 (2) The notice to the provider must state the nature of the health 18 service complaint. 19 (3) The notice to the registration board must be accompanied by a 20 copy of the health service complaint. 21 (4) This section is subject to section 206.15 22 55 Submissions about health service complaint 23 (1) In assessing a health service complaint, the commission may 24 by notice given to the complainant or provider invite 25 submissions about the complaint. 26 (2) The notice must state the day, not less than 14 days after 27 receipt of the notice, by which the submissions must be given 28 to the commission. 29 14 Section 66 (Referral to registration board in public interest) 15 Section 206 (Dispensing with notice or opportunity to make submissions)

s 56 37 s 57 Health Quality and Complaints Commission Bill 2006 (3) If a submission is made within the time stated in the notice, 1 the commission must consider the submission in assessing the 2 health service complaint. 3 56 Power to require information 4 (1) For assessing a health service complaint, the commission 5 may, by notice given to a person, require the person to give 6 stated information to the commission within a stated 7 reasonable time and in a stated reasonable way. 8 (2) A person required to give information under subsection (1) 9 must give the information as required by the notice, unless the 10 person has a reasonable excuse. 11 Maximum penalty--50 penalty units. 12 (3) It is a reasonable excuse for an individual not to give 13 information that giving the information might tend to 14 incriminate the individual. 15 57 Consultation with registration board 16 (1) If a health service complaint is about a registered provider, the 17 commission must consult with the provider's registration 18 board before making a decision under section 59(1) about the 19 complaint. 20 (2) The registered provider's registration board must give the 21 commission the board's comments, if any, about the health 22 service complaint-- 23 (a) as soon as practicable and within 14 days of the 24 commission consulting with the board; or 25 (b) within a longer period agreed to by the commission. 26 (3) The commission must not make a decision under section 27 59(1) about the health service complaint until the first of the 28 following happens-- 29 (a) the commission receives the registration board's 30 comments about the complaint; 31 (b) the registration board advises the commission that the 32 board does not intend to give the commission comments 33 about the complaint; 34

s 58 38 s 58 Health Quality and Complaints Commission Bill 2006 (c) the period mentioned in subsection (2) for the 1 registration board to provide comments has ended. 2 (4) In making a decision about the action to be taken in relation to 3 the health service complaint, the commission must consider 4 any comments made by the registration board within the time 5 mentioned in subsection (2). 6 (5) If the registered provider's registration board advises the 7 commission, within the time mentioned in subsection (2), that 8 it considers the health service complaint warrants action by 9 the board, the commission must not decide not to take action 10 on the complaint. 11 58 Time limit on assessment 12 (1) The commission must assess a health service complaint 13 within-- 14 (a) 60 days of starting the assessment; or 15 (b) a further period decided by the commission under 16 subsection (3). 17 (2) However, if the commission is required to consult with a 18 registration board about the health service complaint under 19 section 57(1), the period within which it must assess the 20 complaint is extended by a period equal to the period during 21 which it must not make a decision about the complaint under 22 section 57(3). 23 (3) For subsection (1)(b), the commission may decide to extend 24 the period for assessing a health service complaint, by a 25 period of not more than 30 days, if it considers-- 26 (a) the complaint is too complex to allow the commission to 27 assess the complaint within 60 days of starting the 28 assessment; or 29 (b) the complaint can be satisfactorily resolved other than 30 under chapter 6 or 7;16 or 31 (c) information the commission has requested from the 32 user, provider or another person can not be reasonably 33 16 Chapter 6 (Conciliation) or 7 (Investigations by commission)

s 59 39 s 60 Health Quality and Complaints Commission Bill 2006 provided within the time allowed under subsection 1 (1)(a), but may be provided within the extended period. 2 59 Decision on assessment of health service complaint 3 (1) On assessing a health service complaint, the commission must 4 decide-- 5 (a) to accept the complaint for action; or 6 (b) not to take action on the complaint under division 4. 17 7 (2) Before deciding to accept a health service complaint for 8 action, the commission must be satisfied-- 9 (a) that all reasonable steps have been taken by the 10 complainant to resolve the complaint with the provider; 11 or 12 (b) that a reasonable opportunity has been given to the 13 complainant to resolve the complaint with the provider; 14 or 15 (c) that it is not practicable or reasonable for steps 16 mentioned in paragraph (a) to be taken or for the 17 opportunity mentioned in paragraph (b) to be given. 18 60 Notice of assessment decision 19 (1) Subject to section 206,18 the commission must give notice of 20 the commission's decision on assessing a health service 21 complaint to the complainant and the provider as soon as 22 practicable after making the decision. 23 (2) If the decision is to take action on the health service 24 complaint, the notice must state the action the commission has 25 decided to take under section 61. 26 (3) If the decision is not to take action on the health service 27 complaint, the notice given to the complainant must state the 28 reasons for the decision. 29 17 Division 4 (Decisions not to take action on health service complaints) 18 Section 206 (Dispensing with notice or opportunity to make submissions)

s 61 40 s 62 Health Quality and Complaints Commission Bill 2006 Division 3 Action on acceptance of health 1 service complaints 2 61 Action on acceptance of complaint about provider 3 (1) This section applies if the commission decides to accept a 4 health service complaint about a provider for action. 5 (2) The commission may do any or all of the following-- 6 (a) conciliate the health service complaint under chapter 6; 7 (b) investigate the health service complaint under chapter 7; 8 (c) if the health service complaint is about a registered 9 provider--refer the complaint to the registered 10 provider's registration board; 11 (d) refer the complaint to another entity that the 12 commission considers is able to investigate or take other 13 appropriate action about the complaint. 14 (3) Subject to subsection (4) and section 62, the commission must 15 try to resolve the health service complaint by conciliation if 16 the commission considers it can be resolved in that way. 17 (4) In deciding whether to conciliate the health service complaint, 18 the commission must take into account the public interest. 19 62 Matters about conciliation 20 (1) If in relation to a registered provider the commission acts 21 under section 61(2)(c), it must not act under section 61(2)(a) 22 until the commission receives the registration board's 23 completion notice for the health service complaint. 24 (2) Despite subsection (1), the commission may start the 25 conciliation of the health service complaint before receiving 26 the completion notice if-- 27 (a) the provider has agreed to conciliation for the sole 28 purpose of arranging a financial settlement or other 29 compensation with the user; and 30 (b) the commission and the registration board agree that the 31 conciliation will not compromise or interfere with the 32 board's action in relation to the complaint. 33

s 63 41 s 63 Health Quality and Complaints Commission Bill 2006 (3) If the commission refers the health service complaint to the 1 registered provider's registration board under section 2 61(2)(c), it must, at the same time, tell the board if it intends 3 to conciliate the complaint, or a complaint from which it was 4 separated under section 67,19 after the board finishes dealing 5 with it. 6 Division 4 Decisions not to take action on 7 health service complaints 8 63 When commission must decide not to take action 9 (1) The commission must decide not to take action on a health 10 service complaint if-- 11 (a) the commission considers that the complaint-- 12 (i) is frivolous, vexatious or trivial; or 13 (ii) is misconceived or lacking in substance; or 14 (iii) has been adequately dealt with by the commission 15 or another public authority; or 16 (b) the commission considers that the complainant has 17 failed, without reasonable excuse, to satisfactorily 18 cooperate with attempts made or arranged by the 19 commission to resolve the complaint with the provider. 20 (2) If an issue raised in a health service complaint has already 21 been decided by an appropriate tribunal, the commission must 22 decide not to take action on the complaint to the extent that it 23 attempts to reopen the issue. 24 (3) The commission must decide not to take action on a health 25 service complaint if-- 26 (a) the matter of complaint arose more than 1 year before 27 the complaint was made to the commission; and 28 (b) the person who made the complaint was aware of the 29 matter of complaint more than 1 year before making the 30 complaint to the commission. 31 19 Section 67 (Commission may deal with complaint as 2 or more complaints)

s 64 42 s 64 Health Quality and Complaints Commission Bill 2006 (4) However, subsection (3) does not apply to a health service 1 complaint about a matter that the commission reasonably 2 believes may warrant the suspension or cancellation of a 3 registered provider's registration, enrolment or authorisation. 4 (5) In this section-- 5 appropriate tribunal, in relation to an issue, means-- 6 (a) a court; or 7 (b) an industrial tribunal; or 8 (c) a disciplinary body; or 9 (d) another tribunal authorised to decide the issue. 10 64 When commission may decide not to take action 11 The commission may decide not to take action on a health 12 service complaint if-- 13 (a) the complainant fails to comply with a request by the 14 commission-- 15 (i) to confirm the complaint in writing; or 16 (ii) to give the commission more information 17 concerning the person's identity; or 18 (iii) to give more information to the commission within 19 the time fixed by the commission under section 48; 20 or 21 (iv) to verify the complaint or any information by oath 22 or statutory declaration under section 49;20 or 23 (b) the complaint has been resolved since it was made; or 24 (c) the user has commenced a civil proceeding seeking 25 redress for the matter of the complaint and a court-- 26 (i) has begun to hear the matter; or 27 (ii) has, under the Uniform Civil Procedure Rules 28 1999, referred the matter, or directed the registrar 29 of the court to give written notice to the parties that 30 20 Sections 48 (Further information from complainant) and 49 (Commission may require oath or statutory declaration)

s 65 43 s 66 Health Quality and Complaints Commission Bill 2006 the matter is to be referred by order, to an ADR 1 process. 2 65 Withdrawal of complaint 3 (1) This section applies if a complainant withdraws a health 4 service complaint. 5 (2) The commission may decide not to take any further action 6 about the complaint. 7 (3) However, the withdrawal does not prevent the commission 8 from doing or continuing to do any of the following-- 9 (a) assessing the complaint; 10 (b) referring the complaint to another entity; 11 (c) investigating the complaint; 12 (d) conducting an inquiry relating to the complaint. 13 Division 5 When commission must refer health 14 service complaints to registration 15 boards 16 66 Referral to registration board in public interest 17 (1) This section applies if the commission-- 18 (a) receives a health service complaint about a registered 19 provider; and 20 (b) considers, on receipt of the complaint or at any time 21 after receipt, it may be in the public interest to refer the 22 complaint to the registered provider's registration board 23 immediately; and 24 (c) consults the registration board about the referral. 25 (2) If the commission considers it is in the public interest to 26 immediately refer the health service complaint to the 27 registered provider's registration board, it must do so. 28 (3) When referring the health service complaint, the commission 29 must tell the registration board if it intends to conciliate the 30

s 67 44 s 67 Health Quality and Complaints Commission Bill 2006 complaint, or a complaint from which it was separated under 1 section 67, after the board has finished dealing with it. 2 (4) The commission must not start a conciliation of the health 3 service complaint until the registration board gives the 4 commission a completion notice for the complaint. 5 (5) Subject to section 206,21 the commission must, as soon as 6 practicable and within 14 days of referring the health service 7 complaint to the registration board, give notice of the referral 8 to the registered provider and complainant. 9 Division 6 Other matters 10 67 Commission may deal with complaint as 2 or more 11 complaints 12 (1) This section applies if-- 13 (a) a health service complaint is about more than 1 14 provider; or 15 16 Example-- 17 The health service complaint by a person is about the treatment 18 received for the person's broken leg from the person's local 19 medical practitioner and also a specialist medical practitioner at 20 a public hospital. (b) a health service complaint contains more than 1 21 allegation about the same provider; or 22 23 Example-- 24 The health service complaint by a person is that in the course of 25 an examination a physiotherapist touched the person 26 inappropriately and failed to diagnose the person's condition 27 correctly. (c) a health service complaint is about more than 1 health 28 service event involving the same provider; or 29 30 Example-- 31 The health service complaint by a person is that a week after 32 attending a dentist in March for a filling, the filling fell out and 3 21 Section 206 (Dispensing with notice or opportunity to make submissions)

s 68 45 s 68 Health Quality and Complaints Commission Bill 2006 1 weeks after visiting the same dentist in July the same year for a 2 check-up, urgent dental work was required to remove another 3 tooth that was in a state of advanced decay and was not 4 identified. (d) a health service complaint is a complaint that the 5 commission otherwise reasonably believes should be 6 dealt with as 2 or more complaints. 7 (2) The commission may decide to deal with the health service 8 complaint as if it were 2 or more complaints, including, for 9 example, by dealing with it as-- 10 (a) separate complaints about more than 1 provider; or 11 (b) if the complaint contains more than 1 allegation about 12 the same provider, a separate complaint for each 13 allegation; or 14 (c) separate complaints about more than 1 health service 15 event. 16 (3) If the commission decides to deal with a health service 17 complaint as if it were 2 or more separate complaints, the 18 commission must deal with each separate complaint as if it 19 had been made as a health service complaint under part 2, 20 division 2. 21 (4) In this section-- 22 health service event means each occasion when a health 23 service is provided. 24 68 Registration board may delegate function under s 57 25 (1) A registration board may delegate a function of the board 26 under section 5722 to-- 27 (a) a board member; or 28 (b) a committee of the board; or 29 (c) for a registration board other than the Queensland 30 Nursing Council-- 31 22 Section 57 (Consultation with registration board)

s 69 46 s 70 Health Quality and Complaints Commission Bill 2006 (i) the executive officer of the Office of Health 1 Practitioner Registration Boards appointed under 2 the Health Practitioner Registration Boards 3 (Administration) Act 1999; or 4 (ii) with the executive officer's agreement--another 5 member of the staff of the Office of Health 6 Practitioner Registration Boards; or 7 (d) for the Queensland Nursing Council--the executive 8 officer appointed under the Nursing Act 1992. 9 (2) In this section-- 10 function includes a power. 11 69 Reports by certain entities 12 (1) This section applies if the commission refers a health service 13 complaint to an entity of the State under section 61(2)(d).23 14 (2) The entity-- 15 (a) may, on its own initiative or if asked by the commission, 16 provide the commission with reports about the progress 17 and results of the action taken by the entity about the 18 complaint; and 19 (b) must, as soon as practicable and within 28 days after 20 ceasing to deal with the complaint, give the commission 21 a written report of the results of the action taken by the 22 entity about the complaint. 23 70 Use of health service complaint information for quality 24 functions 25 (1) This section applies to information obtained by the 26 commission in relation to a health service complaint other 27 than information gained during conciliation. 28 (2) The commission may also use the information for performing 29 its functions under section 14.24 30 23 Section 61 (Action on acceptance of complaint about provider) 24 Section 14 (Commission's functions--quality of health services)

s 71 47 s 73 Health Quality and Complaints Commission Bill 2006 71 General powers to gather information and facilitate 1 resolution of complaints 2 (1) The commission may, at any time, in relation to any health 3 service complaint-- 4 (a) seek and obtain the information the commission 5 considers appropriate; and 6 (b) attempt, in whatever lawful way the commission 7 considers appropriate, to resolve the complaint, 8 including, for example, by asking any person the 9 commission considers may assist in the resolution of the 10 complaint to provide assistance. 11 (2) Subsection (1)(b) is not limited by section 52.25 12 Chapter 6 Conciliation 13 72 Conciliator's function exclusive 14 Only a conciliator may perform the function of conciliation 15 under this chapter. 16 17 Note-- 18 A conciliator is a commission officer to whom the function of 19 conciliation has been delegated under section 166. 73 Commission officer not to conciliate and investigate 20 same health service complaint 21 A commission officer must not be involved in both the 22 conciliation and investigation of the same health service 23 complaint. 24 25 Section 52 (Early resolution)

s 74 48 s 76 Health Quality and Complaints Commission Bill 2006 74 Conciliation function 1 (1) The conciliation of a health service complaint must be 2 performed by 1 or more conciliators assigned by the 3 commission. 4 (2) A conciliator's function is to encourage the settlement of the 5 health service complaint by-- 6 (a) arranging negotiations between the provider and the 7 complainant in question; and 8 (b) assisting in the conduct of the negotiations; and 9 (c) assisting the provider and the complainant to reach 10 agreement; and 11 (d) assisting in the resolution of the complaint in any other 12 way. 13 75 Public interest 14 (1) Before the conciliation of a health service complaint starts, 15 the commission must identify and inform the conciliator of 16 any issue raised by the complaint that the commission 17 considers involves the public interest. 18 (2) At the start of the conciliation, the conciliator must draw those 19 issues to the attention of the parties and explain to them the 20 effect of subsections (3) to (5) and section 76(1). 21 (3) In the course of the conciliation, the conciliator must draw to 22 the attention of the parties any other issues raised by the 23 health service complaint that the conciliator considers involve 24 the public interest. 25 (4) The conciliator must act under subsection (3) at times the 26 conciliator considers appropriate. 27 (5) The conciliator must report to the commission any issue 28 mentioned in subsection (3). 29 76 Action by commission on becoming aware of public 30 interest issue 31 (1) On receiving a report under section 75(5) relating to a health 32 service complaint, or otherwise becoming aware of an issue 33

s 76 49 s 76 Health Quality and Complaints Commission Bill 2006 involving the public interest relating to the complaint, the 1 commission may do any or all of the following-- 2 (a) if the complaint is about a registered provider--refer it 3 to the registered provider's registration board; 4 (b) refer the complaint to another entity that the 5 commission considers is able to investigate or take other 6 appropriate action about the complaint; 7 (c) investigate the complaint under chapter 7. 8 (2) The commission must not refer the health service complaint to 9 a registration board or another entity without first consulting 10 the board or other entity. 11 (3) If the commission refers the health service complaint to a 12 registration board or other entity, the commission must, at the 13 time of the referral, tell the board or entity if the commission 14 intends to investigate the complaint or continue to conciliate 15 the complaint after the board or entity has finished dealing 16 with it. 17 (4) The commission must not continue the conciliation of the 18 health service complaint until the registration board or other 19 entity gives the commission a completion notice for the 20 complaint. 21 (5) However, the commission may continue the conciliation of 22 the health service complaint before receiving the completion 23 notice if-- 24 (a) the provider has agreed to conciliation for the sole 25 purpose of arranging a financial settlement or other 26 compensation with the user; and 27 (b) the commission and the registration board or other entity 28 to which the complaint has been referred agree that the 29 conciliation will not compromise or interfere with the 30 board's or entity's actions in relation to the complaint. 31 (6) Subject to section 206,26 the commission must, as soon as 32 practicable and within 14 days of referring the health service 33 complaint to a registration board or other entity, give notice of 34 the referral to the provider and complainant. 35 26 Section 206 (Dispensing with notice or opportunity to make submissions)

s 77 50 s 80 Health Quality and Complaints Commission Bill 2006 77 Progress reports from conciliator 1 (1) The commission may ask a conciliator for a written progress 2 report about a conciliation during the conciliation. 3 (2) The conciliator must comply with the request. 4 78 Results report from conciliator 5 (1) At the conclusion of the conciliation of a health service 6 complaint, the conciliator must give a written report of the 7 results of the conciliation to the commission. 8 (2) If agreement is reached, the report must include details of the 9 agreement. 10 (3) If agreement is not reached, the report may-- 11 (a) recommend the action the commission should take 12 under section 80(1); or 13 (b) make no recommendation. 14 (4) The conciliator must give a copy of the report to the provider 15 and the complainant. 16 (5) If practicable, the copies must be given to the provider and 17 complainant on the same day as the report is given to the 18 commission. 19 79 Enforceable agreement 20 (1) Parties reaching agreement in the conciliation of a health 21 service complaint may enter into a contract in settlement of 22 the complaint. 23 (2) The conciliator of the health service complaint must not be a 24 party to, or attest to, the contract. 25 80 Action on report of unsuccessful conciliation 26 (1) On receiving a report under section 78 that agreement was not 27 reached in the conciliation of a health service complaint, the 28 commission may-- 29 (a) take action on the complaint by doing any or all of the 30 following-- 31

s 81 51 s 81 Health Quality and Complaints Commission Bill 2006 (i) if the complaint is about a registered 1 provider--refer it to the registered provider's 2 registration board; 3 (ii) refer the complaint to another entity that the 4 commission considers is able to investigate or take 5 other appropriate action about the complaint; 6 (iii) investigate the complaint under chapter 7; or 7 (b) decide under section 63 or 64 not to take action on the 27 8 complaint; or 9 (c) further conciliate the complaint. 10 (2) The commission must not refer the health service complaint to 11 a registration board or another entity without first consulting 12 the registration board or other entity. 13 (3) If the commission refers the health service complaint to a 14 registration board or other entity, the commission must, at the 15 time of the referral, tell the board or entity if the commission 16 intends to investigate the complaint after the board or entity 17 has finished dealing with it. 18 (4) Subject to section 206,28 the commission must, as soon as 19 practicable and within 14 days of referring the health service 20 complaint to a registration board or other entity, give notice of 21 the referral to the provider and complainant. 22 81 Ending conciliation by commission 23 (1) The commission may end the conciliation of a health service 24 complaint if the commission considers that the complaint can 25 not be resolved in that way. 26 (2) The commission must end the conciliation of a health service 27 complaint if the Minister directs the commission under 28 section 164(1)(c)29 to investigate the complaint or under 29 27 Section 63 (When commission must decide not to take action) or 64 (When commission may decide not to take action) 28 Section 206 (Dispensing with notice or opportunity to make submissions) 29 Section 164 (Other directions by Minister)

s 82 52 s 82 Health Quality and Complaints Commission Bill 2006 section 16330 to conduct an inquiry in relation to the 1 complaint. 2 (3) If the commission ends the conciliation of a health service 3 complaint, it may-- 4 (a) take action on the complaint by doing any or all of the 5 following-- 6 (i) if the complaint is about a registered 7 provider--refer it to the registered provider's 8 registration board; 9 (ii) refer the complaint to another entity that the 10 commission considers is able to investigate or take 11 other appropriate action about the complaint; 12 (iii) investigate the complaint under chapter 7; or 13 (b) decide under section 63 or 64 not to take action on the 31 14 complaint. 15 (4) The commission must not refer the health service complaint to 16 a registration board or another entity without first consulting 17 the registration board or other entity. 18 (5) If the commission refers the health service complaint to a 19 registration board or other entity, the commission must, at the 20 same time, tell the board or entity if the commission intends to 21 investigate the complaint after the board or entity has finished 22 dealing with it. 23 (6) Subject to section 206,32 the commission must, as soon as 24 practicable and within 14 days of referring the health service 25 complaint to a registration board or other entity, give notice of 26 the referral to the provider and complainant. 27 82 Conciliation privileged 28 (1) This section applies to-- 29 30 Section 163 (Minister may direct inquiry) 31 Section 63 (When commission must decide not to take action) or 64 (When commission may decide not to take action) 32 Section 206 (Dispensing with notice or opportunity to make submissions)

s 83 53 s 83 Health Quality and Complaints Commission Bill 2006 (a) anything said or admitted during a conciliation (the 1 information); or 2 (b) a document, or a copy of a document, prepared for, or in 3 the course of, a conciliation. 4 (2) The information, document or copy-- 5 (a) is not admissible as evidence in a proceeding before a 6 court, tribunal or disciplinary body; and 7 (b) can not be used by the commission as a ground for an 8 investigation or inquiry or as evidence in an 9 investigation or inquiry. 10 (3) For example, anything said or admitted during a conciliation 11 of a health service complaint can not be admitted in a 12 proceeding to enforce a contract mentioned in section 79. 13 (4) Subsection (2) does not apply to-- 14 (a) the information, if the parties to the conciliation and all 15 persons named in the information consent to its 16 admission; or 17 (b) the document or copy, if the person who prepared the 18 document, and all persons named in the document, 19 consent to its admission. 20 83 Confidentiality of conciliation 21 (1) A conciliator must not disclose information gained during 22 conciliation-- 23 (a) in any further conciliation; or 24 (b) to the commission, a commission member, a 25 commission officer or a person engaged by the 26 commission; 27 unless the disclosure is authorised under this chapter. 28 Maximum penalty--40 penalty units. 29 (2) Subsection (1)(b) does not apply to the discussion by a 30 conciliator of matters arising in relation to the performance of 31 the conciliator's functions with a commission member or a 32 commission officer. 33

s 84 54 s 85 Health Quality and Complaints Commission Bill 2006 84 Professional mentor 1 (1) The commission must ensure, to the extent practicable, that 2 each conciliator is advised in the performance of the 3 conciliator's functions by persons with knowledge or 4 experience in the field of dispute resolution (a professional 5 mentor). 6 (2) A conciliator may discuss all matters arising in relation to the 7 performance of the conciliator's functions with the 8 conciliator's professional mentor. 9 (3) A conciliator's professional mentor must not be involved in 10 the investigation of the health service complaint the 11 conciliator is conciliating. 12 (4) A conciliator's professional mentor must not disclose 13 information gained by the conciliator during conciliation that 14 the conciliator has communicated to the professional mentor. 15 Maximum penalty for subsection (4)--40 penalty units. 16 85 Administrative support staff 17 (1) The commission may make arrangements for a commission 18 officer to give administrative support to a conciliator in the 19 performance of the conciliator's functions. 20 (2) A conciliator may disclose information gained during 21 conciliation to the commission officer. 22 (3) If a conciliator discloses information gained during 23 conciliation to a commission officer, the officer must not 24 disclose the information. 25 Maximum penalty for subsection (3)--40 penalty units. 26

s 86 55 s 86 Health Quality and Complaints Commission Bill 2006 Chapter 7 Investigations by 1 commission 2 Part 1 Commission's investigations 3 86 Commission's investigations 4 The commission may investigate the following-- 5 (a) a health service complaint that the commission decides 6 to investigate under section 61, 76, 80 or 81;33 7 (b) a health quality complaint the commission decides to 8 investigate; 9 (c) the quality of a health service; 10 (d) systemic issues relating to the quality of health services; 11 (e) the death of a person that is a reportable death under the 12 Coroners Act 2003 if the commission considers the 13 quality of a health service, or systemic issues relating to 14 the quality of health services, are or may be relevant to 15 the death; 16 (f) a health complaint or systemic issues for which the 17 Minister has given a direction to the commission under 18 section 164(1)(c) or (e);34 19 (g) the use of premises for the reception, care or treatment 20 of-- 21 (i) aged persons; or 22 (ii) persons with a mental or physical illness; or 23 (iii) persons with a disability; or 24 (iv) persons in receipt of pensions, allowances or 25 benefits because of age, illness or disability. 26 33 Section 61 (Action on acceptance of complaint about provider), 76 (Action by commission on becoming aware of public interest issue), 80 (Action on report of unsuccessful conciliation) or 81 (Ending conciliation by commission) 34 Section 164 (Other directions by Minister)

s 87 56 s 88 Health Quality and Complaints Commission Bill 2006 1 Note-- 2 The commission may carry on an investigation through an authorised 3 person appointed under chapter 9. Part 2 Referral of matter to other 4 entity 5 87 Referral to another entity 6 (1) This section applies if the commission considers that a matter 7 raised in the course of an investigation under this chapter 8 should be investigated or otherwise dealt with by another 9 entity that has a function or power under an Act or a 10 Commonwealth Act to investigate or take other appropriate 11 action about the matter. 12 (2) The commission may refer the matter to the entity. 13 (3) However, the commission must not refer the matter to the 14 entity without first consulting it. 15 88 Investigation by other entity 16 (1) This section applies if the commission refers a matter under 17 section 87 to an entity that has a function or power under an 18 Act to investigate or take other appropriate action about the 19 matter. 20 (2) The commission may ask the entity to provide the 21 commission with reports of the progress and results of any 22 investigation or other action taken by the entity about the 23 matter. 24 (3) The entity may provide the commission with reports of the 25 progress and results of any investigation or other action taken 26 by the entity about the matter. 27

s 89 57 s 92 Health Quality and Complaints Commission Bill 2006 89 Commission's powers not affected by reference 1 The commission's powers to investigate a matter are not 2 affected by the matter having been referred under section 87 3 to another entity. 4 Part 3 Action on investigation 5 90 Definitions for pt 3 6 In this part-- 7 complainant means a complainant in relation to a health 8 complaint that is the subject of an investigation. 9 provider means a provider who is the subject of an 10 investigation that a report concerns. 11 91 Commission's report about investigation 12 (1) The commission may at any time prepare a report about an 13 investigation conducted by the commission for the purpose of 14 giving it to an entity mentioned in section 92. 15 (2) If the commission intends to recommend in the report that a 16 registration board or other entity take particular action about a 17 matter dealt with in the report, it must consult the board or 18 other entity about the recommendation before finalising the 19 report. 20 (3) Subject to section 205,35 the report may contain information, 21 comment, opinion and recommendations for action the 22 commission considers appropriate. 23 92 To whom report may be given 24 The commission may give the report to any or all of the 25 following-- 26 35 Section 205 (Response to adverse comments in commission report)

s 93 58 s 94 Health Quality and Complaints Commission Bill 2006 (a) the complainant; 1 (b) the provider; 2 (c) an employer of the provider; 3 (d) an entity on whose behalf the provider is providing 4 health services; 5 (e) a registration board; 6 (f) a professional association or other entity of which the 7 provider is, or is eligible to be, a member; 8 (g) the Minister; 9 (h) the State Coroner, or another coroner investigating a 10 death to which the report is relevant; 11 (i) an entity that has a function or power to take action on 12 matters raised in the report. 13 Part 4 Conciliation after investigation 14 93 Conciliation of investigated health service complaint 15 (1) This section applies if the commission considers that a health 16 service complaint that has been investigated under this chapter 17 should be conciliated. 18 (2) The commissioner may conciliate the health service 19 complaint under chapter 6. 20 Chapter 8 Inquiries by commission 21 94 Commission may conduct an inquiry 22 (1) The commission may conduct an inquiry relating to any of the 23 following matters if it considers it is in the public interest to 24 do so-- 25

s 95 59 s 97 Health Quality and Complaints Commission Bill 2006 (a) a health complaint; 1 (b) the quality of a health service; 2 (c) systemic issues relating to the quality of health services; 3 (d) another matter relevant to the commission's functions. 4 (2) For conducting the inquiry the commission may also inquire 5 into matters arising directly or indirectly from the matter 6 being inquired into. 7 95 Commission must conduct inquiry if directed by Minister 8 (1) The commission must conduct an inquiry relating to a matter 9 mentioned in section 94(1)(a) to (c) if directed to do so by the 10 Minister under section 163.36 11 (2) For conducting the inquiry the commission may also inquire 12 into matters arising directly or indirectly from the matter 13 being inquired into. 14 96 Constitution of commission for inquiry 15 (1) For conducting an inquiry, the commission must be 16 constituted by at least 3 commission members decided by the 17 commission (each an inquiry member). 18 (2) The commission may appoint a commission member to act as 19 an inquiry member, including as the presiding member-- 20 (a) during a vacancy in the inquiry member's office as a 21 commission member; or 22 (b) during any period, or during all periods, when the 23 inquiry member is absent from duty or from the State or 24 is, for another reason, unable to perform the duties of 25 the office. 26 97 Who is to preside at inquiry 27 (1) If the commissioner is an inquiry member, the commissioner 28 is to preside at the inquiry (the presiding member). 29 36 Section 163 (Minister may direct inquiry)

s 98 60 s 101 Health Quality and Complaints Commission Bill 2006 (2) Otherwise, the inquiry member appointed by the commission 1 for the purpose is to preside at an inquiry (also the presiding 2 member). 3 98 Commission must be assisted by lawyer 4 At an inquiry, the commission must be assisted by a lawyer of 5 at least 5 years standing. 6 99 Procedure 7 (1) When conducting an inquiry, the commission must-- 8 (a) observe natural justice; and 9 (b) act as quickly, and with as little formality and 10 technicality, as is consistent with a fair and proper 11 consideration of the issues. 12 (2) In conducting the inquiry, the commission-- 13 (a) is not bound by the rules of evidence; and 14 (b) may inform itself in any way it considers appropriate, 15 including by holding hearings; and 16 (c) may decide the procedures to be followed for the 17 inquiry. 18 (3) However, the commission must comply with this chapter and 19 any procedural rules prescribed under a regulation. 20 100 Notice of inquiry 21 (1) The commission must give at least 14 days notice of the time 22 and place of an inquiry to any person the commission 23 reasonably believes should be given the opportunity to appear 24 at the inquiry. 25 (2) The commission may also give public notice of the inquiry in 26 any way it wishes. 27 101 Inquiry to be held in public other than in special 28 circumstances 29 (1) An inquiry must be held in public. 30

s 102 61 s 103 Health Quality and Complaints Commission Bill 2006 (2) However, the commission may, of its own initiative or on the 1 application of a person appearing before or represented at the 2 inquiry, direct that the inquiry, or a part of the inquiry, be held 3 in private. 4 (3) The commission may give a direction under subsection (2) 5 only if it is satisfied that it is appropriate to do so in the 6 special circumstances of the case. 7 (4) If the commission acts under subsection (2) it may give 8 directions about the persons who may be present. 9 102 Suppression of name of witness 10 The commission may, by order, suppress the name of a 11 witness appearing at an inquiry if the commission considers it 12 is necessary or desirable to do so. 13 103 Protection of commission members, representatives and 14 witnesses 15 For an inquiry-- 16 (a) an inquiry member has, in the performance of the 17 member's functions, the same protection and immunity 18 as a Supreme Court judge performing the functions of a 19 judge; and 20 (b) a lawyer assisting the commission, or a lawyer or other 21 person appearing before the commission for someone 22 else, has the same protection and immunity as a barrister 23 appearing for a party in a proceeding in the Supreme 24 Court; and 25 (c) a person given a witness requirement notice to attend or 26 appearing before the commission as a witness has the 27 same protection as a witness in a proceeding in the 28 Supreme Court; and 29 (d) a person, for complying with a notice given to the 30 person under section 107,37 has the same protection as a 31 witness in a proceeding in the Supreme Court. 32 37 Section 107 (Notice requiring information)

s 104 62 s 107 Health Quality and Complaints Commission Bill 2006 104 Record of proceedings to be kept 1 The commission must keep a record of each inquiry's 2 proceedings. 3 105 Commission's powers on inquiry 4 (1) In conducting an inquiry, the commission may-- 5 (a) act in the absence of a person who has been given 6 reasonable notice of the inquiry under section 10038 or 7 otherwise; and 8 (b) receive evidence on oath or by statutory declaration; and 9 (c) adjourn the inquiry; and 10 (d) disregard a defect, error, omission or insufficiency in a 11 record. 12 (2) An inquiry member may administer an oath or affirmation to a 13 person appearing as a witness before an inquiry. 14 106 Notice to witness 15 (1) The presiding member may, by notice given to a person (a 16 witness requirement notice), require the person to attend an 17 inquiry at a stated time and place to give evidence or produce 18 stated records or other things. 19 (2) A notice under subsection (1) may require the person to 20 produce records or other things of a stated class or 21 description. 22 (3) A person required to appear as a witness before the 23 commission is entitled to the witness fees prescribed under a 24 regulation or, if no witness fees are prescribed, the reasonable 25 witness fees decided by the commission. 26 107 Notice requiring information 27 (1) For the purpose of an inquiry the commissioner or the 28 presiding member may, by notice given to a person, require 29 38 Section 100 (Notice of inquiry)

s 108 63 s 108 Health Quality and Complaints Commission Bill 2006 the person to give to the commission stated information 1 within a stated reasonable time and in a stated reasonable way. 2 (2) The person must comply with the notice, unless the person 3 has a reasonable excuse. 4 Maximum penalty--100 penalty units. 5 (3) It is not a reasonable excuse for subsection (2) that giving the 6 information might tend to incriminate the person. 7 (4) The following is not admissible in any civil, criminal or 8 administrative proceeding as evidence against an individual 9 who gives information under subsection (2)-- 10 (a) the information given by the individual under the 11 subsection and the fact of that giving (primary 12 evidence); 13 (b) any information obtained as a direct or indirect result of 14 primary evidence (derived evidence). 15 (5) Subsection (4) does not prevent primary evidence or derived 16 evidence being admitted in evidence in criminal proceedings 17 about the falsity or misleading nature of the primary evidence. 18 108 Inspection of records or other things 19 (1) If a record or other thing is produced to the commission at an 20 inquiry, the commission may-- 21 (a) inspect the record or other thing; and 22 (b) make copies of, photograph, film or take extracts from, 23 the record or other thing if it is relevant to the inquiry. 24 (2) The commission may also take possession of the record or 25 other thing, and keep it while it is necessary for the inquiry. 26 (3) While it keeps a record or other thing, the commission must 27 permit a person otherwise entitled to possession of the record 28 or other thing to inspect, make copies of, photograph, film or 29 take extracts from, the record or other thing, at a reasonable 30 place and time the commission decides. 31

s 109 64 s 109 Health Quality and Complaints Commission Bill 2006 109 Offences by witnesses 1 (1) A person given a witness requirement notice must not fail, 2 without a reasonable excuse, to-- 3 (a) attend as required by the notice; and 4 (b) continue to attend as required by the presiding member 5 until excused from further attendance. 6 Maximum penalty--100 penalty units. 7 (2) A person appearing as a witness at an inquiry must not fail-- 8 (a) to take an oath or make an affirmation when required by 9 the presiding member; or 10 (b) without reasonable excuse, to answer a question the 11 person is required to answer by the presiding member; 12 or 13 (c) without reasonable excuse, to produce a record or other 14 thing the person is required to produce under a witness 15 requirement notice. 16 Maximum penalty--100 penalty units. 17 (3) It is not a reasonable excuse for subsection (2)(b) or (c) that 18 answering the question or producing the record or other thing 19 might tend to incriminate the person. 20 (4) The following is not admissible in any civil, criminal or 21 administrative proceeding as evidence against an individual 22 who answers a question or produces a record or other thing at 23 an inquiry in response to a requirement under this chapter-- 24 (a) the answer given, or the record or other thing produced, 25 at the inquiry by the individual and the fact of that 26 production (primary evidence); 27 (b) any information, or record or other thing, obtained as a 28 direct or indirect result of primary evidence (derived 29 evidence). 30 (5) Subsection (4) does not prevent primary evidence or derived 31 evidence being admitted in evidence in criminal proceedings 32 about the falsity or misleading nature of the primary evidence. 33

s 110 65 s 113 Health Quality and Complaints Commission Bill 2006 110 Contempt of commission 1 In relation to an inquiry, a person must not-- 2 (a) insult the commission or an inquiry member; or 3 (b) deliberately interrupt the inquiry; or 4 (c) create or continue, or join in creating or continuing, a 5 disturbance in or near a place where the commission is 6 conducting the inquiry; or 7 (d) publish, in a public way, information that identifies, or is 8 likely to identify, a person to whom a suppression order 9 made under section 102 relates; or 10 (e) do anything that would be contempt of court if the 11 commission were a judge acting judicially. 12 Maximum penalty--100 penalty units. 13 111 Change or absence of inquiry member 14 The conduct of an inquiry is not affected by-- 15 (a) a change in the inquiry members; or 16 (b) the absence of an inquiry member if there are at least 3 17 remaining inquiry members. 18 112 Report by commission 19 (1) The commission must prepare a written report about each 20 inquiry conducted by it. 21 (2) The commission must give the report to the Minister 22 113 Minister must table report 23 The Minister must table the report in the Legislative 24 Assembly within 14 days of receiving it. 25

s 114 66 s 116 Health Quality and Complaints Commission Bill 2006 Chapter 9 Monitoring, enforcement 1 and investigations 2 Part 1 Authorised persons' functions 3 and powers generally 4 114 Functions of authorised person 5 An authorised person has the functions of-- 6 (a) monitoring and enforcing compliance with this Act, 7 including compliance with section 20(1);39 and 8 (b) investigating matters the commission is authorised to 9 investigate under section 86 and inquiry matters. 10 115 Powers of authorised person 11 For performing an authorised person's functions, the 12 authorised person has the powers given to the authorised 13 person under this Act. 14 Part 2 Appointment of authorised 15 persons 16 116 Appointment 17 (1) The commission may appoint a commission member, 18 commission officer or other person as an authorised person. 19 (2) However, the commission may appoint a person as an 20 authorised person only if the commission is satisfied the 21 person is qualified for appointment because the person has the 22 necessary expertise or experience. 23 39 Section 20 (Duty of provider)

s 117 67 s 119 Health Quality and Complaints Commission Bill 2006 117 Appointment conditions and limit on powers 1 (1) An authorised person holds office on the conditions stated 2 in-- 3 (a) the authorised person's instrument of appointment; or 4 (b) a commission notice given to the authorised person. 5 (2) The instrument of appointment or a commission notice given 6 to an authorised person may limit the authorised person's 7 powers under this Act. 8 (3) In this section-- 9 commission notice means a notice authorised by the 10 commission. 11 118 Issue of identity card 12 (1) The commission must issue an identity card to each 13 authorised person. 14 (2) The identity card must-- 15 (a) contain a recent photo of the authorised person; and 16 (b) contain a copy of the authorised person's signature; and 17 (c) identify the person as an authorised person under this 18 Act; and 19 (d) state an expiry date for the card. 20 (3) This section does not prevent the issue of a single identity 21 card to a person for this Act and other purposes. 22 119 Production or display of identity card 23 (1) In exercising a power under this Act in relation to another 24 person, an authorised person must-- 25 (a) produce the authorised person's identity card for the 26 other person's inspection before exercising the power; 27 or 28 (b) have the identity card displayed so it is clearly visible to 29 the other person when exercising the power. 30

s 120 68 s 122 Health Quality and Complaints Commission Bill 2006 (2) However if it is not practicable to comply with subsection (1), 1 the authorised person must produce the identity card for the 2 other person's inspection at the first reasonable opportunity. 3 (3) For subsection (1), an authorised person does not exercise a 4 power in relation to another person only because the 5 authorised person has entered a place as mentioned in section 6 126(1)(b) or (3).40 7 120 When authorised person ceases to hold office 8 (1) An authorised person stops holding office if any of the 9 following happens-- 10 (a) the term of office stated in a condition of office ends; 11 (b) under another condition of office, the authorised officer 12 ceases to hold office; 13 (c) the authorised officer's resignation under section 121 14 takes effect. 15 (2) Subsection (1) does not limit the ways an authorised person 16 may cease to hold office. 17 (3) In this section-- 18 condition of office means a condition on which the authorised 19 person holds office. 20 121 Resignation 21 An authorised person may resign by signed notice given to the 22 commission. 23 122 Return of identity card 24 A person who ceases to be an authorised person must return 25 the person's identity card to the commission within 21 days 26 after ceasing to be an authorised person, unless the person has 27 a reasonable excuse. 28 Maximum penalty--20 penalty units. 29 40 Section 126 (Power to enter places)

s 123 69 s 124 Health Quality and Complaints Commission Bill 2006 Part 3 Powers of authorised persons 1 Division 1 Power to obtain information 2 123 Power to require information or attendance 3 (1) An authorised person may, by notice given to a person, require 4 the person-- 5 (a) to give stated information to the authorised person 6 within a stated reasonable time and in a stated 7 reasonable way; or 8 (b) to attend before the authorised person at a stated 9 reasonable time and place-- 10 (i) to answer questions; or 11 (ii) to produce a stated thing. 12 (2) A notice under subsection (1) may require the person to 13 produce things of a stated class or description. 14 (3) Subsection (1) does not apply for investigating an inquiry 15 matter. 16 124 Offences 17 (1) A person required to give information to an authorised person 18 under section 123 must give the information as required by the 19 notice, unless the person has a reasonable excuse. 20 Maximum penalty--50 penalty units. 21 (2) A person given a notice to attend before an authorised person 22 under section 123 must, unless the person has a reasonable 23 excuse-- 24 (a) attend as required by the notice; and 25 (b) continue to attend as required by the authorised person 26 until excused from further attendance; and 27 (c) answer a question the person is required to answer by 28 the authorised person; and 29

s 125 70 s 125 Health Quality and Complaints Commission Bill 2006 (d) produce a thing the person is required to produce by the 1 notice. 2 Maximum penalty--50 penalty units. 3 (3) It is a reasonable excuse for an individual not to give 4 information, answer a question or produce a stated thing, that 5 giving the information, answering the question or producing 6 the thing might tend to incriminate the individual. 7 125 Inspection of produced things 8 (1) If a thing is produced to an authorised person, whether under a 9 notice under section 123 or otherwise, the authorised person 10 may inspect it. 11 (2) If the authorised person reasonably considers the thing may be 12 relevant to the investigation being carried out by the 13 authorised person or for monitoring or enforcing compliance 14 with this Act, the authorised person may do all or any of the 15 following-- 16 (a) photograph the thing; 17 (b) for a record--make a copy of, or take an extract from, 18 the record; 19 (c) keep the thing while it is necessary for the investigation 20 or as evidence of a contravention of this Act. 21 (3) If the authorised person keeps the thing, the authorised person 22 must allow a person otherwise entitled to possession of the 23 thing-- 24 (a) for a record--to inspect, copy, or take an extract from, 25 the record, at the reasonable time and place the 26 authorised person decides; or 27 (b) for another thing--to inspect or photograph the thing, at 28 the reasonable time and place the authorised person 29 decides. 30

s 126 71 s 126 Health Quality and Complaints Commission Bill 2006 Division 2 Entry of places 1 126 Power to enter places 2 (1) An authorised person may enter a place if-- 3 (a) an occupier of the place consents to the entry; or 4 (b) it is a public place and the entry is made when it is open 5 to the public; or 6 (c) the entry is authorised by a warrant. 7 (2) Also, an authorised person may enter a place for the purpose 8 of monitoring compliance with section 20(1)41 if-- 9 (a) it is a health service facility; and 10 (b) the entry is authorised in writing signed by the chief 11 executive; and 12 (c) the entry is made-- 13 (i) when the facility is open for business or otherwise 14 open for entry; and 15 (ii) after giving an occupier of the facility at least 24 16 hours notice of the entry. 17 (3) For the purpose of asking an occupier of a place for consent to 18 enter, an authorised person may, without an occupier's 19 consent or a warrant-- 20 (a) enter land around premises at the place to an extent that 21 is reasonable to contact an occupier; or 22 (b) enter part of the place the authorised person reasonably 23 considers members of the public ordinarily are allowed 24 to enter when they wish to contact an occupier. 25 41 Section 20 (Duty of provider)

s 127 72 s 127 Health Quality and Complaints Commission Bill 2006 Division 3 Procedure for entry 1 127 Entry with consent 2 (1) This section applies if an authorised person intends to ask an 3 occupier of a place to consent to the authorised person or 4 another authorised person entering the place under section 5 126(1)(a). 6 (2) Before asking for the consent, the authorised person must tell 7 the occupier-- 8 (a) the purpose of the entry; and 9 (b) that the occupier is not required to consent. 10 (3) If the consent is given, the authorised person may ask the 11 occupier to sign an acknowledgment of the consent. 12 (4) The acknowledgment must state-- 13 (a) the occupier has been told-- 14 (i) the purpose of the entry; and 15 (ii) that the occupier is not required to consent; and 16 (b) the purpose of the entry; and 17 (c) the occupier gives the authorised person consent to enter 18 the place and exercise powers under this part; and 19 (d) the time and date the consent was given. 20 (5) If the occupier signs the acknowledgment, the authorised 21 person must immediately give a copy to the occupier. 22 (6) If-- 23 (a) an issue arises in a proceeding about whether the 24 occupier consented to the entry; and 25 (b) an acknowledgment complying with subsection (4) for 26 the entry is not produced in evidence; 27 the onus of proof is on the person relying on the lawfulness of 28 the entry to prove the occupier consented. 29

s 128 73 s 129 Health Quality and Complaints Commission Bill 2006 128 Application for warrant 1 (1) An authorised person may apply to a magistrate for a warrant 2 for a place. 3 (2) The authorised person must prepare a written application that 4 states the grounds on which the warrant is sought. 5 (3) The written application must be sworn. 6 (4) The magistrate may refuse to consider the application until the 7 authorised person gives the magistrate all the information the 8 magistrate requires about the application in the way the 9 magistrate requires. 10 11 Example-- 12 The magistrate may require additional information supporting the 13 application to be given by statutory declaration. 129 Issue of warrant 14 (1) The magistrate may issue the warrant for the place if the 15 magistrate is satisfied there are reasonable grounds for 16 suspecting-- 17 (a) there is a particular thing or activity (the evidence) that 18 may provide evidence-- 19 (i) about a matter being investigated by the authorised 20 person; or 21 (ii) of an offence against this Act; and 22 (b) the evidence is at the place, or, within the next 7 days, 23 will be at the place. 24 (2) The magistrate may also issue the warrant for the place if the 25 magistrate is satisfied there are reasonable grounds for 26 suspecting-- 27 (a) the place is premises used for a purpose mentioned in 28 section 86(g); and 29 (b) there is at the place, or, within the next 7 days there will 30 be at the place, a person mentioned in that paragraph 31 whose health or safety may be at risk. 32 (3) The warrant must state-- 33 (a) the place to which the warrant applies; and 34

s 130 74 s 130 Health Quality and Complaints Commission Bill 2006 (b) that a stated authorised person may, with necessary and 1 reasonable help and force-- 2 (i) enter the place and any other place necessary for 3 entry to the place; and 4 (ii) exercise the authorised person's powers under this 5 part; and 6 (c) if subsection (1)(a)(i) applies--the matter being 7 investigated for which the warrant is sought; and 8 (d) if subsection (1)(a)(ii) applies--particulars of the 9 offence that the magistrate considers appropriate in the 10 circumstances; and 11 (e) if subsection (1) applies, the evidence that may be 12 seized under the warrant; and 13 (f) the hours of the day or night when the place may be 14 entered; and 15 (g) the magistrate's name; and 16 (h) the date and time of the warrant's issue; and 17 (i) the date, within 14 days after the warrant's issue, the 18 warrant ends. 19 130 Application by electronic communication and duplicate 20 warrant 21 (1) An application under section 128 may be made by phone, fax, 22 email, radio, videoconferencing or another form of electronic 23 communication if the authorised person reasonably considers 24 it necessary because of-- 25 (a) urgent circumstances; or 26 (b) other special circumstances, including, for example, the 27 authorised person's remote location. 28 (2) The application-- 29 (a) may not be made before the authorised person prepares 30 the written application under section 128(2); but 31 (b) may be made before the written application is sworn. 32

s 130 75 s 130 Health Quality and Complaints Commission Bill 2006 (3) The magistrate may issue the warrant (the original warrant) 1 only if the magistrate is satisfied-- 2 (a) it was necessary to make the application under 3 subsection (1); and 4 (b) the way the application was made under subsection (1) 5 was appropriate. 6 (4) After the magistrate issues the original warrant-- 7 (a) if there is a reasonably practicable way of immediately 8 giving a copy of the warrant to the authorised person, for 9 example, by sending a copy by fax or email, the 10 magistrate must immediately give a copy of the warrant 11 to the authorised person; or 12 (b) otherwise-- 13 (i) the magistrate must tell the authorised person the 14 date and time the warrant is issued and the other 15 terms of the warrant; and 16 (ii) the authorised person must complete a form of 17 warrant, including by writing on it-- 18 (A) the magistrate's name; and 19 (B) the date and time the magistrate issued the 20 warrant; and 21 (C) the other terms of the warrant. 22 (5) The copy of the warrant mentioned in subsection (4)(a), or the 23 form of warrant completed under subsection (4)(b) (in either 24 case the duplicate warrant), is a duplicate of, and as effectual 25 as, the original warrant. 26 (6) The authorised person must, at the first reasonable 27 opportunity, send to the magistrate-- 28 (a) the written application complying with section 128(2) 29 and (3); and 30 (b) if the authorised person completed a form of warrant 31 under subsection (4)(b)--the completed form of 32 warrant. 33 (7) The magistrate must keep the original warrant and, on 34 receiving the documents under subsection (6)-- 35

s 131 76 s 132 Health Quality and Complaints Commission Bill 2006 (a) attach the documents to the original warrant; and 1 (b) give the original warrant and documents to the clerk of 2 the court of the relevant magistrates court. 3 (8) Despite subsection (5), if-- 4 (a) an issue arises in a proceeding about whether an 5 exercise of a power was authorised by a warrant issued 6 under this section; and 7 (b) the original warrant is not produced in evidence; 8 the onus of proof is on the person relying on the lawfulness of 9 the exercise of the power to prove a warrant authorised the 10 exercise of the power. 11 (9) This section does not limit section 128. 12 (10) In this section-- 13 relevant magistrates court, in relation to a magistrate, means 14 the Magistrates Court that the magistrate constitutes under the 15 Magistrates Act 1991. 16 131 Defect in relation to a warrant 17 (1) A warrant is not invalidated by a defect in the warrant, or in 18 compliance with section 128, 129 or 130, unless the defect 19 affects the substance of the warrant in a material particular. 20 (2) In this section-- 21 warrant includes a duplicate warrant mentioned in section 22 130(5). 23 132 Warrants--procedure before entry 24 (1) This section applies if an authorised person named in a 25 warrant issued under this division for a place is intending to 26 enter the place under the warrant. 27 (2) Before entering the place, the authorised person must do or 28 make a reasonable attempt to do the following things-- 29

s 133 77 s 133 Health Quality and Complaints Commission Bill 2006 (a) identify himself or herself to another person present at 1 the place who is an occupier of the place in the way 2 stated in section 119;42 3 (b) give the other person a copy of the warrant; 4 (c) tell the other person the authorised person is permitted 5 by the warrant to enter the place; 6 (d) give the other person an opportunity to allow the 7 authorised person immediate entry to the place without 8 using force. 9 (3) However, the authorised person need not comply with 10 subsection (2) if the authorised person believes on reasonable 11 grounds that immediate entry to the place is required to ensure 12 the effective execution of the warrant is not frustrated. 13 (4) In this section-- 14 warrant includes a duplicate warrant mentioned in section 15 130(5). 16 Division 4 Powers after entry 17 133 General powers after entering places 18 (1) This section applies to an authorised person who enters a 19 place. 20 (2) However, if an authorised person enters a place to get an 21 occupier's consent to enter a place, this section applies to the 22 authorised person only if the consent is given or the entry is 23 otherwise authorised. 24 (3) The authorised person may-- 25 (a) search any part of the place; or 26 (b) examine, inspect, photograph or film any part of the 27 place or anything at the place; or 28 (c) take an extract from, or copy, a record at the place; or 29 42 Section 119 (Production or display of identity card)

s 134 78 s 135 Health Quality and Complaints Commission Bill 2006 (d) take into or onto the place any person, equipment or 1 material the authorised person reasonably requires for 2 exercising a power under this division; or 3 (e) require an occupier of the place, or a person at the place, 4 to give the authorised person reasonable help to exercise 5 the authorised person's powers mentioned in paragraphs 6 (a) to (d). 7 (4) Also, if the place is premises mentioned in section 86(g), the 8 authorised person may, with the approval of the chief 9 executive, make arrangements to secure the health and safety 10 of a person, mentioned in that paragraph, on the premises if 11 the authorised person reasonably suspects-- 12 (a) the person can not independently leave the premises; 13 and 14 (b) the person's health or safety may be at risk. 15 (5) Without limiting subsection (4), the arrangements made by 16 the authorised person may be for the person to be relocated or 17 provided with personal assistance or health services. 18 (6) When making a requirement mentioned in subsection (3)(e), 19 the authorised person must warn the person it is an offence to 20 fail to comply with the requirement, unless the person has a 21 reasonable excuse. 22 134 Exercise of general powers 23 When entering a place to exercise powers under this division, 24 an authorised person must not do anything that may adversely 25 affect the health or physical privacy of a person. 26 27 Example of how a person's physical privacy may be affected-- 28 entering a room while a person is being examined by a medical 29 practitioner 135 Failure to help authorised person 30 (1) A person required to give reasonable help under section 31 133(3)(e) must comply with the requirement, unless the 32 person has a reasonable excuse. 33 Maximum penalty--50 penalty units. 34

s 136 79 s 137 Health Quality and Complaints Commission Bill 2006 (2) If an individual is required under section 133(3)(e) to give 1 information or produce a record, it is a reasonable excuse for 2 the individual not to comply with the requirement that 3 complying with the requirement might tend to incriminate the 4 individual. 5 Division 5 Power to seize evidence 6 136 Seizing evidence at a place that may be entered without 7 consent or warrant 8 (1) This section applies if an authorised person enters a place that 9 may be entered under this part without the consent of an 10 occupier and without a warrant. 11 (2) The authorised person may seize a thing at the place if the 12 authorised person reasonably believes the thing is evidence-- 13 (a) of a contravention of section 20(1) or of an offence 14 against this Act; or 15 (b) that is relevant to the investigation being carried out by 16 the authorised person. 17 137 Seizing evidence at a place that may only be entered with 18 consent or warrant 19 (1) This section applies if-- 20 (a) an authorised person is authorised to enter a place under 21 this part only with the consent of an occupier or a 22 warrant; and 23 (b) the authorised person enters the place after obtaining the 24 necessary consent or warrant. 25 (2) If the authorised person enters the place with the occupier's 26 consent, the authorised person may seize a thing at the place 27 if-- 28 (a) the authorised person reasonably believes the thing is 29 evidence-- 30 (i) of a contravention of section 20(1) or of an offence 31 against this Act; or 32

s 138 80 s 139 Health Quality and Complaints Commission Bill 2006 (ii) that is relevant to the investigation being carried 1 out by the authorised person; and 2 (b) seizure of the thing is consistent with the purpose of 3 entry as told to the occupier when asking for the 4 occupier's consent. 5 (3) If the authorised person enters the place with a warrant, the 6 authorised person may seize the evidence for which the 7 warrant was issued. 8 (4) The authorised person may also seize anything else at the 9 place if the authorised person reasonably believes-- 10 (a) the thing is evidence-- 11 (i) of a contravention of section 20(1) or of an offence 12 against this Act; or 13 (ii) that is relevant to the investigation or of an offence 14 against this Act; and 15 (b) the seizure is necessary to prevent the thing being 16 hidden, lost or destroyed. 17 138 Receipt for seized things 18 (1) As soon as possible after an authorised person seizes a thing 19 (a seized thing), the authorised person must give a receipt for 20 the seized thing to the person from whom it was seized. 21 (2) However, if for any reason it is not practicable to comply with 22 subsection (1), the authorised person must leave the receipt at 23 the place of seizure, in a reasonably secure way and in a 24 conspicuous position. 25 (3) The receipt must describe generally each seized thing and its 26 condition. 27 (4) This section does not apply to a thing if it is impracticable or 28 would be unreasonable to give the receipt, given the thing's 29 nature, condition and value. 30 139 Forfeiture of seized thing 31 (1) A seized thing is forfeited to the commission if the authorised 32 person who seized the thing-- 33

s 140 81 s 141 Health Quality and Complaints Commission Bill 2006 (a) can not find its owner, after making reasonable 1 inquiries; or 2 (b) can not return it to its owner, after making reasonable 3 efforts. 4 (2) In applying subsection (1)-- 5 (a) subsection (1)(a) does not require the authorised person 6 to make inquiries if it would be unreasonable to make 7 inquiries to find the owner; and 8 (b) subsection (1)(b) does not require the authorised person 9 to make efforts if it would be unreasonable to make 10 efforts to return the thing to its owner. 11 12 Example-- 13 The owner of the thing has migrated to another country. (3) Regard must be had to a thing's nature, condition and value in 14 deciding-- 15 (a) whether it is reasonable to make inquiries or efforts; and 16 (b) if making inquiries or efforts, what inquiries or efforts, 17 including the period over which they are made, are 18 reasonable. 19 140 Dealing with forfeited things etc. 20 (1) On the forfeiture of a thing to the commission, the thing 21 becomes the commission's property and may be dealt with by 22 the commission as the commission considers appropriate. 23 (2) Without limiting subsection (1), the commission may destroy 24 or dispose of the thing. 25 141 Access to seized things 26 (1) Until a seized thing is forfeited or returned, an authorised 27 person must allow a person who would be entitled to the 28 seized thing, if it were not in the authorised person's 29 possession, to inspect it and, if it is a record, to take extracts 30 from it or copy it. 31 (2) Subsection (1) does not apply if it is impracticable or would 32 be unreasonable to allow the inspection or copying. 33

s 142 82 s 143 Health Quality and Complaints Commission Bill 2006 142 Return of seized things 1 (1) If a seized thing is not forfeited, an authorised person must 2 return it to its owner at the end of-- 3 (a) 6 months; or 4 (b) if proceedings involving the thing are started within 5 6 months--the proceeding and any appeal from the 6 proceeding. 7 (2) Despite subsection (1), the authorised person must 8 immediately return the seized thing to its owner if the 9 authorised person is satisfied that its retention as evidence is 10 no longer necessary. 11 Division 6 Compensation 12 143 Notice of damage 13 (1) This section applies if-- 14 (a) an authorised person damages property when exercising 15 or purporting to exercise a power; or 16 (b) a person (the other person) acting under the direction or 17 authority of an authorised person damages property. 18 (2) The authorised person must, as soon as practicable, give 19 notice of particulars of the damage to a person who appears to 20 the authorised person to be an owner of the property. 21 (3) If the authorised person believes the damage was caused by a 22 latent defect in the property or circumstances beyond the 23 authorised person's or other person's control, the authorised 24 person may state the belief in the notice. 25 (4) If, for any reason, it is impracticable to comply with 26 subsection (2), the authorised person must leave the notice in 27 a conspicuous position and in a reasonably secure way where 28 the damage happened. 29 (5) This section does not apply to damage the authorised person 30 reasonably believes is trivial. 31 (6) In this section-- 32

s 144 83 s 145 Health Quality and Complaints Commission Bill 2006 owner, of property, includes a person in possession or control 1 of it. 2 144 Compensation 3 (1) A person may claim compensation from the commission if the 4 person incurs loss or expense because of the exercise or 5 purported exercise of a power under any of the following 6 divisions of this part-- 7 � division 2 (Entry of places) 8 � division 4 (Powers after entry) 9 � division 5 (Power to seize evidence). 10 (2) Payment of compensation may be claimed and ordered in a 11 proceeding for-- 12 (a) compensation brought in a court of competent 13 jurisdiction; or 14 (b) an offence against this Act brought against the person 15 making the claim for compensation. 16 (3) A court may order the payment of compensation for the loss 17 or expense only if it is satisfied it is just to make the order in 18 the circumstances of the particular case. 19 Division 7 General enforcement matters 20 145 Obstructing authorised person 21 (1) A person must not obstruct an authorised person in the 22 exercise of a power under this Act, unless the person has a 23 reasonable excuse. 24 Maximum penalty--100 penalty units. 25 (2) If a person obstructs an authorised person in the exercise of a 26 power under this Act and the authorised person decides to 27 exercise the power, the authorised person must warn the 28 person that-- 29 (a) it is an offence to obstruct the authorised person, unless 30 the person has a reasonable excuse; and 31

s 146 84 s 149 Health Quality and Complaints Commission Bill 2006 (b) the authorised person considers the person's conduct is 1 an obstruction. 2 (3) In this section-- 3 obstruct includes hinder, resist and attempt to obstruct. 4 146 Impersonation of authorised person 5 A person must not pretend to be an authorised person. 6 Maximum penalty--50 penalty units. 7 Chapter 10 Matters concerning the 8 commission 9 Part 1 Membership 10 147 Membership of commission 11 The commission consists of-- 12 (a) the commissioner; and 13 (b) the assistant commissioners. 14 148 Commissioner 15 (1) There is to be a Health Quality and Complaints 16 Commissioner. 17 (2) The Governor in Council is to appoint the commissioner. 18 (3) The commissioner is to be a person with the standing 19 appropriate for performing the commissioner's role. 20 149 Assistant commissioners 21 (1) There are to be at least 5, but not more than 7, Health Quality 22 and Complaints Assistant Commissioners. 23

s 149 85 s 149 Health Quality and Complaints Commission Bill 2006 (2) The Governor in Council is to appoint the assistant 1 commissioners. 2 (3) Of the assistant commissioners-- 3 (a) at least-- 4 (i) 1 must be a lawyer; and 5 (ii) 1 must be a medical practitioner with clinical 6 experience; and 7 (iii) 1 must be a nurse or midwife; and 8 (iv) 1 must be an allied health professional; and 9 (v) 1 must have skills and experience in consumer 10 issues; and 11 (b) all must have skills and experience in governance. 12 (4) In this section-- 13 allied health professional means a registered provider other 14 than a medical practitioner, nurse or midwife. 15 health practitioner registration Act means any 1 of the 16 following Acts-- 17 � Chiropractors Registration Act 2001 18 � Dental Practitioners Registration Act 2001 19 � Dental Technicians and Dental Prosthetists Registration 20 Act 2001 21 � Medical Radiation Technologists Registration Act 2001 22 � Occupational Therapists Registration Act 2001 23 � Optometrists Registration Act 2001 24 � Osteopaths Registration Act 2001 25 � Pharmacists Registration Act 2001 26 � Physiotherapists Registration Act 2001 27 � Podiatrists Registration Act 2001 28 � Psychologists Registration Act 2001 29 � Speech Pathologists Registration Act 2001. 30

s 150 86 s 151 Health Quality and Complaints Commission Bill 2006 medical practitioner includes a person registered under the 1 law of another State or of a foreign country that provides for 2 the same matter as a provision of the Medical Practitioners 3 Registration Act 2001. 4 midwife includes a person authorised to practise midwifery 5 under the law of another State or a foreign country that 6 provides for the same matter as a provision of the Nursing Act 7 1992. 8 nurse means-- 9 (a) a registered nurse or enrolled nurse; or 10 (b) a person authorised to practise nursing under the law of 11 another State or a foreign country that provides for the 12 same matter as a provision of the Nursing Act 1992. 13 registered nurse see the Nursing Act 1992, section 4. 14 registered provider includes a person registered under the law 15 of another State or of a foreign country that provides for the 16 same matter as a provision of a health practitioner registration 17 Act. 18 150 Ineligibility for appointment as commission member 19 A person is not eligible for appointment as a commission 20 member if the person has been convicted of an indictable 21 offence. 22 151 Term and conditions of appointment 23 (1) A person may be appointed as a commission member for a 24 term of not more than 4 years. 25 (2) Subject to this Act, a person holds office as a commission 26 member on the conditions decided by the Governor in 27 Council. 28 (3) A commission member may be appointed on a full-time or 29 part-time basis. 30 (4) A commission member must be appointed under this Act and 31 not under the Public Service Act 1996. 32

s 152 87 s 155 Health Quality and Complaints Commission Bill 2006 152 Vacancy in commission member's office 1 The office of a commission member becomes vacant if the 2 member-- 3 (a) resigns office by signed notice given to the Minister; or 4 (b) is removed from office under section 153. 5 153 Removal or suspension of commission member 6 (1) The Governor in Council may remove a commission member 7 from office if the person-- 8 (a) is an insolvent under administration within the meaning 9 of the Corporations Act, section 9; or 10 (b) is convicted of an indictable offence; or 11 (c) is guilty of misconduct, neglect of duty or 12 incompetence; or 13 (d) becomes mentally or physically incapable of performing 14 satisfactorily the duties of office. 15 (2) For the purpose of the Minister inquiring into a matter that 16 may warrant the removal of a commission member from 17 office, the Governor in Council may suspend the member 18 from office for a period of not more than 6 months. 19 154 Grant of leave to commission member 20 The Minister may grant leave of absence to a commission 21 member on the conditions the Minister considers appropriate. 22 155 Filling vacancies 23 The Governor in Council may appoint a person to act as a 24 commission member-- 25 (a) during a vacancy in the office; or 26 (b) during a period or all periods when the member is 27 absent from duty or from the State or is, for any reason, 28 unable to satisfactorily perform the functions of the 29 office. 30

s 156 88 s 160 Health Quality and Complaints Commission Bill 2006 Part 2 Commission business 1 156 Conduct of business 2 Subject to this Act, the commission may conduct its business, 3 including its meetings, in the way it considers appropriate. 4 157 Presiding at meetings 5 (1) The commissioner must preside at all commission meetings at 6 which the commissioner is present. 7 (2) If the commissioner is absent from a commission meeting, an 8 assistant commissioner chosen by the assistant commissioners 9 present must preside. 10 158 Times and places of meetings 11 (1) Commission meetings are to be held at the times and places 12 the commissioner decides. 13 (2) However, the commissioner must call a meeting if asked in 14 writing by at least the number of assistant commissioners 15 forming a quorum for a commission meeting. 16 159 Quorum for meetings 17 A quorum for a commission meeting is the number equal to 18 one-half of the commission members for the time being 19 holding office or, if one-half is not a whole number, the next 20 highest whole number. 21 160 Conduct of meetings 22 (1) A question at a commission meeting is to be decided by a 23 majority of the votes of the commission members present. 24 (2) Each commission member present at the meeting has a vote 25 on each question to be decided and, if the votes are equal, the 26 member presiding also has a casting vote. 27 (3) A commission member who abstains from voting is taken to 28 have voted for the negative. 29

s 161 89 s 162 Health Quality and Complaints Commission Bill 2006 (4) The commission may hold meetings, or allow commission 1 members to take part in meetings, by using any technology 2 allowing reasonably contemporaneous and continuous 3 communication between members taking part in the meetings, 4 including, for example, teleconferencing. 5 (5) A commission member who takes part in a meeting of the 6 commission under subsection (4) is taken to have been present 7 at the meeting. 8 (6) A resolution is validly made by the commission, even if it is 9 not passed at a commission meeting, if-- 10 (a) notice of the resolution is given under procedures 11 approved by the commission; and 12 (b) a majority of commission members agrees in writing to 13 the resolution. 14 161 Minutes 15 (1) The commission must keep minutes of its meetings. 16 (2) If a resolution is made under section 160(6) it must be noted 17 in the minutes of the commission meeting next happening 18 after the making of the resolution. 19 (3) If a commission member votes against a resolution and asks 20 that this be recorded in the minutes of the meeting, the fact 21 that the member voted against the resolution must be recorded 22 in the minutes. 23 162 Disclosure of interest 24 (1) This section applies to a commission member (the interested 25 person) if-- 26 (a) the interested person has a direct or indirect interest in 27 an issue being considered, or about to be considered, by 28 the commission; and 29 (b) the interest could conflict with the proper performance 30 of the person's duties about the consideration of the 31 issue. 32

s 162 90 s 162 Health Quality and Complaints Commission Bill 2006 (2) As soon as practicable after the relevant facts come to the 1 interested person's knowledge, the person must disclose the 2 nature of the interest to a commission meeting. 3 (3) Unless the commission otherwise directs, the interested 4 person must not-- 5 (a) be present when the commission considers the issue; or 6 (b) take part in a decision of the commission about the 7 issue. 8 (4) The interested person must not be present when the 9 commission is considering whether to give a direction under 10 subsection (3). 11 (5) If there is another person who must, under subsection (2), also 12 disclose an interest in the issue, the other person must not-- 13 (a) be present when the commission is considering whether 14 to give a direction under subsection (3) about the 15 interested person; or 16 (b) take part in making the decision about giving the 17 direction. 18 (6) If-- 19 (a) because of this section, a commission member is not 20 present at a commission meeting for considering or 21 deciding an issue, or for considering or deciding 22 whether to give a direction under subsection (3); and 23 (b) there would be a quorum if the member were present; 24 the remaining persons present are a quorum of the 25 commission for considering or deciding the issue, or for 26 considering or deciding whether to give the direction, at the 27 meeting. 28 (7) A disclosure under subsection (2) must be recorded in the 29 commission's minutes. 30

s 163 91 s 164 Health Quality and Complaints Commission Bill 2006 Part 3 Ministers powers to give 1 directions 2 163 Minister may direct inquiry 3 (1) The Minister may give the commission a written direction to 4 conduct an inquiry under chapter 8 relating to a matter 5 mentioned in section 94(1)(a) to (c).43 6 (2) Before giving the direction, the Minister must consult with the 7 commission for the purpose of deciding the inquiry matter. 8 (3) In deciding the inquiry matter, the Minister must state the 9 purpose of the inquiry. 10 (4) The commission must comply with the direction despite 11 section 12.44 12 164 Other directions by Minister 13 (1) The Minister may give a written direction to the commission 14 to-- 15 (a) provide a report on a specified matter to the Minister; or 16 (b) establish a specified committee under section 169; or 17 (c) investigate a health complaint, including one made by 18 the Minister; or 19 (d) intervene in disciplinary proceedings against a 20 registered provider under section 190;45 or 21 (e) investigate the quality of a health service; or 22 (f) investigate systemic issues relating to the quality of 23 health services. 24 (2) The direction may state a period within which, or a way in 25 which, the direction must be complied with. 26 43 Section 94 (Commission may conduct an inquiry) 44 Section 12 (Commission's independence) 45 Section 190 (Commission may intervene in disciplinary proceedings)

s 165 92 s 167 Health Quality and Complaints Commission Bill 2006 (3) The commission must comply with the direction despite 1 section 12. 2 Part 4 Other matters 3 165 Commission's relationship with the State 4 The Commission does not represent the State. 5 166 Delegation by the commission 6 (1) The commission may delegate its functions to the chief 7 executive or another appropriately qualified commission 8 officer. 9 10 Note-- 11 Under section 181(1), the chief executive may subdelegate a delegated 12 function to an appropriately qualified commission officer. (2) However, the commission may not delegate its function to 13 conduct inquiries under chapter 8. 14 (3) In this section-- 15 appropriately qualified includes having the qualifications, 16 experience or standing appropriate for the function. 17 18 Example of standing for a commission officer-- 19 the officer's classification level in the office functions includes powers. 20 167 Preservation of rights 21 (1) This section applies if a public service officer is appointed as 22 a commission member. 23 (2) The person retains all rights that have accrued to the person 24 because of employment as a public service officer, or that 25 would accrue in the future to the person because of that 26 employment, as if service as a commission member were a 27 continuation of service as a public service officer. 28

s 168 93 s 169 Health Quality and Complaints Commission Bill 2006 (3) If the person stops being a commission member and again 1 becomes a public service officer, the person's service as a 2 commission member is to be regarded as service of a similar 3 kind in the public service for the purpose of determining the 4 person's rights as a public service officer. 5 168 Superannuation for commission member who was 6 previously a public service officer 7 (1) This section applies if a public service officer is appointed as 8 a commission member and immediately before the 9 appointment the public service officer was a member of the 10 State Public Sector Superannuation Scheme under the 11 Superannuation (State Public Sector) Act 1990. 12 (2) The person continues to be eligible to be, and to be, a member 13 of the scheme. 14 169 Committees 15 (1) The commission-- 16 (a) must establish a consumer advisory committee and a 17 clinical advisory committee; and 18 (b) may establish other committees. 19 (2) The functions of the committees are as follows-- 20 (a) for the consumer advisory committee--to advise the 21 commission about consumers' concerns about health 22 services and other matters relevant to the commission's 23 functions referred to the committee by the commission; 24 and 25 (b) for the clinical advisory committee--to advise the 26 commission about clinical matters relevant to the 27 commission's functions referred to the committee by the 28 commission; and 29 (c) for another committee--to advise the commission about 30 matters relevant to the commission's functions referred 31 to the committee by the commission. 32

s 170 94 s 171 Health Quality and Complaints Commission Bill 2006 (3) A committee must include persons the commission considers 1 have the expertise and experience necessary for the 2 performance of the committee's functions. 3 (4) A committee member is entitled to the fees and allowances 4 decided by the Governor in Council. 5 170 Nomination of persons for membership of district health 6 councils 7 (1) This section relates to the commission's function mentioned 8 in section 16(d) of nominating persons to the Minister who it 9 considers suitable for appointment as members of district 10 health councils. 11 (2) In nominating the persons, the commission must have regard 12 to-- 13 (a) the need for community representation on district health 14 councils; and 15 (b) the expertise and experience necessary for the exercise 16 by councils of their functions; and 17 (c) the Health Services Act 1991, sections 10(3) and 13. 18 19 Note-- 20 The Health Services Act 1991, section 10(3) limits the number 21 of members of a district health council from a tertiary institution 22 who may be involved in the education and training of health 23 practitioners to 2 and section 13 deals with qualifications for 24 membership. 171 Application of various public sector Acts 25 (1) The commission is-- 26 (a) a unit of public administration under the Crime and 27 Misconduct Act 2001; and 28 (b) a statutory body under the Financial Administration and 29 Audit Act 1977. 30 (2) Under the Statutory Bodies Financial Arrangements Act 31 1982, the commission is a statutory body. 32

s 172 95 s 172 Health Quality and Complaints Commission Bill 2006 (3) The Statutory Bodies Financial Arrangements Act 1982, part 1 2B46 sets out the way in which the commission's powers 2 under this Act are affected by the Statutory Bodies Financial 3 Arrangements Act 1982. 4 172 Annual report 5 (1) The commission must include in its annual report under the 6 Financial Administration and Audit Act 1977-- 7 (a) information required by the Minister; and 8 (b) details of any direction given to the commission by the 9 Minister that relates to the financial year for which the 10 report is prepared. 11 (2) Subject to section 205,47 the commission may include in an 12 annual report information, opinion and recommendations 13 disclosing details of-- 14 (a) health complaints, inquiry matters and contraventions of 15 this Act; or 16 (b) the quality of health services; or 17 (c) the progress or results of investigations into health 18 complaints or offences against this Act; or 19 (d) the progress or results of inquiries; or 20 (e) systemic issues relating to the quality of health services. 21 (3) However, the commission must not include in an annual 22 report information that identifies a complainant or user 23 unless-- 24 (a) the person consents to its inclusion; or 25 (b) the person's identity, as the complainant for the relevant 26 health complaint or as a user for the relevant health 27 service, is publicly known. 28 46 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act and relationship with other Acts) 47 Section 205 (Response to adverse comments in commission report)

s 173 96 s 173 Health Quality and Complaints Commission Bill 2006 173 Special report 1 (1) The commission may, at any time, give to the Minister a 2 report providing information relating to the activities of the 3 commission. 4 (2) Subject to section 205, the commission may include in the 5 report information, opinion and recommendations disclosing 6 details of-- 7 (a) health complaints or contraventions of this Act; or 8 (b) the quality of health services; or 9 (c) results of investigations into health complaints, or 10 contraventions of this Act; or 11 (d) systemic issues relating to the quality of health services. 12 (3) However, the commission must not include in the report 13 information that identifies a complainant or a user unless-- 14 (a) the person consents to its inclusion; or 15 (b) the person's identity, as the complainant for the relevant 16 health complaint or as a user for the relevant health 17 service, is publicly known. 18 (4) The Minister must table the report in the Legislative 19 Assembly within 14 days of receiving it. 20

s 174 97 s 176 Health Quality and Complaints Commission Bill 2006 Chapter 11 Office of the Health Quality 1 and Complaints 2 Commission 3 Part 1 Establishment 4 174 Establishment of office 5 (1) The Office of the Health Quality and Complaints Commission 6 is established. 7 (2) The office consists of the chief executive and the other staff of 8 the office. 9 Part 2 Office's function and powers 10 175 Function and powers 11 (1) The office's function is to help the commission in the 12 performance of its functions. 13 (2) The office may do anything necessary or convenient to be 14 done in performing its function. 15 176 Status 16 The office is not a statutory body for the Financial 17 Administration and Audit Act 1977 or the Statutory Bodies 18 Financial Arrangements Act 1992. 19 20 Note-- 21 The office is a public service office under the Public Service Act 1996.

s 177 98 s 181 Health Quality and Complaints Commission Bill 2006 Part 3 Chief executive officer 1 177 Appointment of chief executive officer 2 (1) There is to be a chief executive officer of the office. 3 (2) The chief executive is to be appointed by the Governor in 4 Council. 5 (3) The chief executive is appointed for the term stated in the 6 instrument of appointment. 7 (4) The stated term must not be more than 5 years. 8 (5) The Public Service Act 1996 does not apply to the 9 appointment of the chief executive. 10 178 Conditions of appointment 11 (1) The chief executive is to be paid the remuneration and 12 allowances decided by the Governor in Council. 13 (2) The chief executive holds office on terms, not provided for by 14 this Act, decided by the Governor in Council. 15 179 Function of chief executive 16 Subject to direction by the commission, the chief executive is 17 to control the office and is responsible for its efficient and 18 effective administration and operation. 19 180 Chief executive must act independently etc. 20 In performing the chief executive's function and exercising 21 the chief executive's powers-- 22 (a) the chief executive must act independently, impartially, 23 and in the public interest; and 24 (b) is not subject to direction by the Minister. 25 181 Delegation by chief executive 26 (1) The chief executive may delegate the chief executive's 27 functions, including a function delegated to the chief 28

s 182 99 s 184 Health Quality and Complaints Commission Bill 2006 executive by the commission, to an appropriately qualified 1 commission officer. 2 (2) In this section-- 3 appropriately qualified includes having the qualifications, 4 experience or standing appropriate for the function. 5 6 Example of standing for a commission officer-- 7 the officer's classification level in the office functions includes powers. 8 182 Resignation 9 The chief executive may resign by signed notice given to the 10 Minister. 11 183 Ending of appointment 12 The Governor in Council may end the appointment of the 13 chief executive if the chief executive-- 14 (a) is convicted of an indictable offence; or 15 (b) is guilty of misconduct that could warrant dismissal 16 from the public service if the chief executive were a 17 public service officer; or 18 (c) is guilty of neglect of duty or incompetence; or 19 (d) becomes incapable of satisfactorily performing the chief 20 executive's functions. 21 184 Acting chief executive 22 The Minister may appoint a person to act as the chief 23 executive-- 24 (a) during a vacancy in that office; or 25 (b) during any period, or during all periods, when the chief 26 executive is absent from duty or can not, for another 27 reason, perform the functions of that office. 28

s 185 100 s 187 Health Quality and Complaints Commission Bill 2006 185 Preservation of rights 1 (1) This section applies if a public service officer is appointed as 2 the chief executive. 3 (2) The person retains all rights that have accrued to the person 4 because of employment as a public service officer, or that 5 would accrue in the future to the person because of that 6 employment, as if service as the chief executive were a 7 continuation of service as a public service officer. 8 (3) If the person stops being the chief executive and again 9 becomes a public service officer, the person's service as chief 10 executive is to be regarded as service of a similar kind in the 11 public service for the purpose of determining the person's 12 rights as a public service officer. 13 186 Superannuation for chief executive who was previously a 14 public service officer 15 (1) This section applies if a public service officer is appointed as 16 the chief executive and immediately before the appointment 17 the public service officer was a member of the State Public 18 Sector Superannuation Scheme under the Superannuation 19 (State Public Sector) Act 1990. 20 (2) The person continues to be eligible to be, and to be, a member 21 of the scheme. 22 Part 4 Other staff of the office 23 187 Other commission staff 24 The other staff of the office are to be employed under the 25 Public Service Act 1996. 26

s 188 101 s 190 Health Quality and Complaints Commission Bill 2006 Chapter 12 Registration boards 1 188 Information from registration board 2 (1) A registration board may give the commission information, 3 comment and recommendations in relation to a health 4 complaint and the registered provider to whom the complaint 5 relates. 6 (2) The commission may, at any time, ask a registration board to 7 provide information in its possession in relation to a health 8 complaint or a registered provider to whom the complaint 9 relates. 10 (3) The registration board must comply with the commission's 11 request. 12 189 Registration board may ask commission for information 13 (1) A registration board may at any time ask the commission for 14 information about any complaints made to the commission 15 about the registration board's registered providers. 16 (2) The commission must comply with the registration board's 17 request as soon as practicable. 18 190 Commission may intervene in disciplinary proceedings 19 (1) This section applies if a disciplinary proceeding is taken 20 against a registered provider for a matter because of a health 21 complaint or an inquiry matter and the proceeding is before a 22 disciplinary body. 23 (2) The commission may intervene in the disciplinary proceeding 24 at any time. 25 (3) On intervention, the commission becomes a party to the 26 proceeding. 27 (4) If the commission intervenes in a proceeding before the 28 Health Practitioners Tribunal or the Nursing Tribunal, the 29 commission may be represented by a lawyer or another 30 person. 31

s 191 102 s 192 Health Quality and Complaints Commission Bill 2006 (5) If the commission intervenes in a proceeding before a 1 registration board or professional conduct review panel, the 2 commission may nominate a person, other than a lawyer, to 3 appear at the hearing on behalf of the commission. 4 (6) The commission may intervene in an appeal against a decision 5 of a disciplinary body. 6 (7) On intervention in an appeal, the commission becomes a party 7 to the appeal. 8 Chapter 13 Offences and proceedings 9 191 False or misleading statements 10 A person must not state anything to the commission, a 11 commission member or an authorised person the person 12 knows is false or misleading in a material particular. 13 Maximum penalty--100 penalty units. 14 192 False or misleading records 15 (1) A person must not give the commission, a commission 16 member or an authorised person a record containing 17 information the person knows is false or misleading in a 18 material particular. 19 Maximum penalty--100 penalty units. 20 (2) Subsection (1) does not apply to a person if the person, when 21 giving the record-- 22 (a) tells the commission, commission member or authorised 23 person, to the best of the person's ability, how it is false 24 or misleading; and 25 (b) if the person has, or can reasonably obtain, the correct 26 information, gives the correct information. 27

s 193 103 s 195 Health Quality and Complaints Commission Bill 2006 193 Reprisal and grounds for reprisals 1 (1) A person must not cause, or attempt or conspire to cause, 2 detriment to another person because, or in the belief that-- 3 (a) any person-- 4 (i) has made or may make a health complaint; or 5 (ii) has provided or may provide assistance to the 6 commission, a commission member or an 7 authorised person; or 8 (b) any person-- 9 (i) has made a health service complaint under the 10 repealed Act; or 11 (ii) has provided assistance to the Health Rights 12 Commissioner or an authorised person under the 13 repealed Act. 14 (2) An attempt to cause detriment includes an attempt to induce a 15 person to cause detriment. 16 (3) A contravention of subsection (1) is a reprisal or the taking of 17 a reprisal. 18 (4) A ground mentioned in subsection (1) as the ground for a 19 reprisal is the unlawful ground for the reprisal. 20 (5) For the contravention mentioned in subsection (3) to happen, 21 it is sufficient if the unlawful ground is a substantial ground 22 for the act or omission that is the reprisal, even if there is 23 another ground for the act or omission. 24 194 Offence for taking reprisal 25 (1) A person who takes a reprisal commits an offence. 26 Maximum penalty--167 penalty units or 2 years 27 imprisonment. 28 (2) The offence is an indictable offence that is a misdemeanour. 29 195 Damages entitlement for reprisal 30 (1) A reprisal is a tort and a person who takes a reprisal is liable in 31 damages to any person who suffers detriment as a result. 32

s 196 104 s 198 Health Quality and Complaints Commission Bill 2006 (2) Any appropriate remedy that may be granted by a court for a 1 tort may be granted by a court for the taking of a reprisal. 2 (3) If the claim for damages goes to trial in the Supreme Court or 3 the District Court, it must be decided by a judge sitting 4 without a jury. 5 196 Summary offences 6 An offence against this Act, other than an offence against 7 section 194, is a summary offence. 8 197 Limitation on time for starting proceedings for summary 9 offence 10 A summary proceeding under the Justices Act 1886 for a 11 summary offence must start within whichever is the longer of 12 the following-- 13 (a) 1 year after the commission of the offence; 14 (b) 1 year after the offence comes to the knowledge of the 15 complainant, but within 2 years after the commission of 16 the offence. 17 198 Proceedings for indictable offences 18 (1) A proceeding on a charge for an indictable offence against 19 this Act may be taken, at the election of the prosecution-- 20 (a) by way of summary proceeding under the Justices Act 21 1886; or 22 (b) on indictment. 23 24 Note-- 25 An offence against section 194 is an indictable offence. (2) A magistrate must not hear the charge summarily if-- 26 (a) the defendant asks at the start of the hearing that the 27 charge be prosecuted on indictment; or 28 (b) the magistrate considers the charge should be 29 prosecuted on indictment. 30 (3) If subsection (2) applies-- 31

s 199 105 s 200 Health Quality and Complaints Commission Bill 2006 (a) the magistrate must proceed by way of an examination 1 of witnesses for an indictable offence; and 2 (b) a plea of the person charged at the start of the 3 proceeding must be disregarded; and 4 (c) evidence brought in the proceeding before the 5 magistrate decided to act under subsection (2) is taken to 6 be evidence in the proceeding for the committal of the 7 person for trial or sentence; and 8 (d) before committing the person for trial or sentence, the 9 magistrate must make a statement to the person as 10 required by the Justices Act 1886, section 104(2)(b).48 11 199 Limitation on who may summarily hear indictable offence 12 (1) The proceeding must be before a magistrate if it is a 13 proceeding-- 14 (a) for the summary conviction of a person on a charge for 15 an indictable offence; or 16 (b) for an examination of witnesses for a charge for an 17 indictable offence. 18 (2) However, if the proceeding is brought before a justice who is 19 not a magistrate, jurisdiction is limited to taking or making a 20 procedural action or order within the meaning of the Justices 21 of the Peace and Commissioners for Declarations Act 1991. 22 200 Allegations of false or misleading information or records 23 In a proceeding for an offence against this Act defined as 24 involving false or misleading information, or a false or 25 misleading record, it is enough for a charge to state that the 26 information or record was, without specifying which, `false or 27 misleading'. 28 48 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in relation to an indictable offence)

s 201 106 s 203 Health Quality and Complaints Commission Bill 2006 201 Appointments and authority 1 In a proceeding, the following must be presumed unless a 2 party to the proceeding, by reasonable notice, requires proof 3 of it-- 4 (a) a commission member's, presiding member's or inquiry 5 member's appointment; 6 (b) the appointment of a person as an authorised person; 7 (c) the authority of a commission member, presiding 8 member, inquiry member or authorised person to do 9 anything under this Act. 10 202 Signatures 11 A signature purporting to be the signature of a commission 12 member, presiding member, inquiry member or authorised 13 person is evidence of the signature it purports to be. 14 203 Other evidentiary aids 15 (1) In a proceeding, a certificate purporting to be that of the 16 commissioner stating any of the following matters is evidence 17 of the matter-- 18 (a) a stated document is an appointment or notice made or 19 given under this Act; 20 (b) a stated record is a record given to the commission or an 21 authorised person under this Act; 22 (c) a stated document or record is a copy of a document or 23 record mentioned in paragraph (a) or (b); 24 (d) on a stated day or during a stated period an appointment 25 as an authorised person was or was not in force for a 26 stated person; 27 (e) on a stated day, a stated requirement was made of a 28 stated person. 29 (2) A statement in a complaint for an offence against this Act that 30 the matter of the complaint came to the knowledge of the 31 complainant on a stated day is evidence of when the matter 32 came to the complainant's knowledge. 33

s 204 107 s 206 Health Quality and Complaints Commission Bill 2006 Chapter 14 Other matters 1 204 Verifying information 2 For the purpose of a duty imposed by this Act on a person to 3 take an oath to verify information, the oath the person must 4 take is an oath that the information is true. 5 205 Response to adverse comments in commission report 6 (1) This section applies to a report of the commission under 7 section 24(1)(b), 91 or 173 or the commission's annual report 8 mentioned in section 172.49 9 (2) The commission must not include in the report comment 10 adverse to an entity identifiable from the report unless the 11 commission has given the entity a reasonable opportunity 12 to-- 13 (a) make submissions to the commission about the 14 comment; and 15 (b) give a written statement to the commission about the 16 comment. 17 (3) If the entity gives a written statement to the commission under 18 subsection (2)(b) and asks that the statement be included in 19 the report, the commission must include the statement, or a 20 fair summary of the statement, in the report. 21 (4) However, for a report under section 24(1)(b) or 91, subsection 22 (2) is subject to section 206. 23 206 Dispensing with notice or opportunity to make 24 submissions 25 (1) The commission may, in the circumstances mentioned in 26 subsection (2), dispense with a duty imposed on the 27 commission under this Act-- 28 (a) to give a notice to a provider; or 29 49 Section 24 (Action by commission for contravention of s 20(1)), 91 (Commission's report about investigation), 172 (Annual report) and 173 (Special report)

s 207 108 s 208 Health Quality and Complaints Commission Bill 2006 (b) to give an opportunity to an entity to make submissions 1 on a report containing adverse comment about the 2 entity. 3 (2) For subsection (1), the circumstances are that the commission 4 reasonably considers giving the notice or the opportunity to 5 make submissions would-- 6 (a) put at serious risk the health or safety of a person; or 7 (b) put a complainant or other person at risk of being 8 harassed or intimidated; or 9 (c) prejudice an investigation or inquiry. 10 (3) Subsection (1) does not apply in relation to the duty imposed 11 by section 205 in relation to the commission's annual report 12 mentioned in section 172 or a report under section 173. 13 207 Commission may give combined notice 14 (1) This section applies if the commission is required to, or may, 15 give a person notices under more than 1 provision of this Act. 16 (2) The commission may give the person a combined notice for 17 the provisions. 18 208 Failure by commission to give notice or make 19 assessment 20 (1) Subsection (2) applies if the commission fails to give a notice 21 as required by section 54(1), 60(1), 66(5), 76(6), 80(4) or 22 81(6).50 23 (2) The requirement to give the notice continues subject to 24 section 206 and the failure does not limit the commission in 25 performing its functions or exercising its powers. 26 (3) Subsection (4) applies if the commission fails to assess a 27 health service complaint within the time required under 28 section 58. 29 50 Section 54 (Notice of decision to assess health service complaint), 60 (Notice of assessment decision), 66 (Referral to registration board in public interest), 76 (Action by commission on becoming aware of public interest issue), 80 (Action on report of unsuccessful conciliation) or 81 (Ending conciliation by commission)

s 209 109 s 212 Health Quality and Complaints Commission Bill 2006 (4) The commission must assess the complaint and the failure 1 does not limit the commission in performing its functions or 2 exercising its powers. 3 209 Form of consultation between commission and 4 registration board 5 (1) This section applies for consultation between the commission 6 and a registration board required under section 57(1), 76(2), 7 80(2) or 81(4).51 8 (2) The consultation may be in the form of a standing 9 arrangement or more specific consultation. 10 210 Commission may provide information 11 (1) If the commission refers a health complaint to a registration 12 board or other entity under chapter 5 or 7, the commission 13 may give the board or other entity any information given to, 14 or gathered by, the commission in the course of dealing with 15 the complaint. 16 (2) However, subsection (1) does not apply to information 17 obtained by the commission under chapter 6.52 18 211 Investigation etc. despite proceedings 19 An investigation or inquiry under this Act may start or 20 continue, and a report under this Act may be prepared or 21 given, despite any proceedings before any court or tribunal, 22 unless a court or tribunal of competent jurisdiction orders 23 otherwise. 24 212 Giving of information protected 25 (1) This section applies to a person who, honestly and on 26 reasonable grounds, gives information or a record (the 27 51 Section 57 (Consultation with registration board), 76 (Action by commission on becoming aware of public interest issue), 80 (Action on report of unsuccessful conciliation) or 81 (Ending conciliation by commission) 52 Chapters 5 (Health complaints), 6 (Conciliation) and 7 (Investigations by commission)

s 213 110 s 213 Health Quality and Complaints Commission Bill 2006 information) to the commission, a commission member, an 1 authorised person or a commission officer-- 2 (a) for the purpose of a health complaint; or 3 (b) in the course of an investigation or inquiry; or 4 (c) otherwise under this Act. 5 (2) The person is not subject to any liability for giving the 6 information and no action, claim or demand may be taken or 7 made of or against the person for giving the information. 8 (3) Also, merely because the person gives the information, the 9 person can not be held to have-- 10 (a) breached any code of professional etiquette or ethics; or 11 (b) departed from accepted standards of professional 12 conduct. 13 (4) Without limiting subsections (2) and (3)-- 14 (a) in a proceeding for defamation, the person has a defence 15 of absolute privilege for publishing the information; and 16 (b) if the person would otherwise be required to maintain 17 confidentiality about the information under an Act, oath 18 or rule of law or practice, the person-- 19 (i) does not contravene the Act, oath or rule of law or 20 practice by giving the information; and 21 (ii) is not liable to disciplinary action for giving the 22 information. 23 213 Reports privileged 24 A person has a defence of absolute privilege for the 25 publication of any defamatory statement made in good faith-- 26 (a) for the purpose of the preparation of a report authorised 27 or required to be made under this Act; or 28 (b) in a report authorised or required to be made under this 29 Act. 30

s 214 111 s 214 Health Quality and Complaints Commission Bill 2006 214 Preservation of confidentiality 1 (1) A person must not record, disclose or use confidential 2 information gained by the person through involvement in the 3 administration of this Act or the repealed Act, unless the 4 person does so-- 5 (a) for the purpose of this Act or the repealed Act; or 6 (b) when authorised under an Act; or 7 (c) if the confidential information is about a registered 8 provider--for the purposes of the Health Practitioners 9 (Professional Standards) Act 1999 or the Nursing Act 10 1992; or 11 (d) when authorised under a regulation. 12 Maximum penalty--40 penalty units. 13 (2) A person is not required-- 14 (a) to disclose confidential information to a court or 15 tribunal; or 16 (b) to produce a record containing confidential information 17 to a court or tribunal; 18 unless it is necessary to do so for the purpose of this Act. 19 (3) However, subsection (2) does not apply to the disclosure of 20 confidential information, or production of a record, to a 21 disciplinary body. 22 (4) A person gains information through involvement in the 23 administration of this Act or the repealed Act if the person 24 gains the information-- 25 (a) in the course of the involvement; or 26 (b) because of opportunity provided by the involvement. 27 (5) The following persons are taken to be involved in the 28 administration of this Act-- 29 (a) a commission member or authorised person; 30 (b) a commission officer or a person engaged to perform a 31 service for the commission; 32 (c) a member of a committee established under section 169; 33

s 214 112 s 214 Health Quality and Complaints Commission Bill 2006 (d) a conciliator and a person involved in conciliation under 1 this Act. 2 (6) The following persons are taken to have been involved in the 3 administration of the repealed Act-- 4 (a) the Health Rights Commissioner or an authorised 5 person under that Act; 6 (b) an officer or employee of the Health Rights Commission 7 or a person engaged to perform a service for that 8 commission; 9 (c) a member of the council under that Act; 10 (d) a member of a committee established under section 26 11 of that Act; 12 (e) a conciliator and a person involved in conciliation under 13 that Act; 14 (f) a person who investigated a matter under that Act. 15 (7) In so far as this section relates to the repealed Act, a reference 16 in subsection (9), definition confidential information, to a 17 complainant, user, provider, health service complaint, inquiry 18 matter, investigation or inquiry includes a reference to the 19 term under that Act. 20 (8) This section does not limit section 82 or 83.53 21 (9) In this section-- 22 confidential information includes-- 23 (a) information about the identity, occupation or 24 whereabouts of the complainant, user or provider to 25 which a health complaint or inquiry matter relates or of 26 any person who assists an investigation or inquiry; and 27 (b) information disclosed by a health complaint; and 28 (c) information of personal concern to an individual; and 29 (d) information that, if disclosed, may cause detriment to a 30 person. 31 53 Section 82 (Conciliation privileged) or 83 (Confidentiality of conciliation)

s 215 113 s 217 Health Quality and Complaints Commission Bill 2006 215 Protecting officials from liability 1 (1) An official is not civilly liable for an act done, or omission 2 made, honestly and without negligence under this Act. 3 (2) If subsection (1) prevents a civil liability attaching to an 4 official, the liability attaches instead to the commission. 5 (3) In this section-- 6 official means-- 7 (a) a commission member; or 8 (b) a commission officer or a person engaged to perform a 9 service for the commission; or 10 (c) a member of a committee established under section 11 169;54 or 12 (d) an authorised person; or 13 (e) a person acting under the direction or authority of an 14 authorised person. 15 216 Review by committee of the Legislative Assembly 16 It is Parliament's intention that, as soon as practicable after 1 17 year after the commencement of section 11,55 the Legislative 18 Assembly establish a committee to review and report on the 19 performance of the commission and generally on the 20 operation of this Act. 21 217 Regulations 22 The Governor in Council may make regulations under this 23 Act. 24 54 Section 169 (Committees) 55 Section 11 (Establishment of commission)

s 218 114 s 221 Health Quality and Complaints Commission Bill 2006 Chapter 15 Repeal and transitional 1 provisions 2 Part 1 Repeal 3 218 Repeal of Health Rights Commission Act 1991 4 The Health Rights Commission Act 1991 No. 88 is repealed. 5 Part 2 Transitional provisions 6 219 Definitions for pt 2 7 In this part-- 8 commencement means the commencement of this part. 9 former commission means the Health Rights Commission 10 under the repealed Act. 11 former commissioner means the Health Rights Commissioner 12 under the repealed Act. 13 220 References to repealed Act or former commission 14 (1) In an Act or document, a reference to the repealed Act may, if 15 the context permits, be taken as a reference to this Act. 16 (2) In an Act or document, a reference to the former commission 17 may, if the context permits, be taken as a reference to the 18 commission. 19 221 Assets and liabilities etc. 20 On the commencement-- 21 (a) the assets and liabilities of the former commissioner 22 become assets and liabilities of the commission; and 23

s 222 115 s 224 Health Quality and Complaints Commission Bill 2006 (b) any contracts entered into by the former commissioner, 1 in force immediately before the commencement, are 2 taken to have been entered into by the commission and 3 may be enforced against or by the commission. 4 222 Officers of former commission 5 A person who was an officer of the former commission 6 immediately before the commencement continues as a 7 commission officer. 8 223 Former commission's records 9 All records of the former commission become records of the 10 commission and may be used by the commission for this Act. 11 224 Proceedings 12 (1) A proceeding that could have been started or continued by or 13 against the former commissioner before the commencement 14 may be started or continued by or against the commission. 15 (2) For a proceeding under the repealed Act, section 121 or 122,56 16 the judge deciding the proceeding may make the orders the 17 judge considers necessary under the repealed Act as if this Act 18 had not commenced. 19 (3) An order mentioned in subsection (2) has effect for this Act 20 despite any other provision of this Act. 21 (4) If, immediately before the commencement, the former 22 commissioner was a party to a proceeding under the repealed 23 Act, section 130,57 the commission becomes a party in place 24 of the former commissioner. 25 56 Health Rights Commission Act 1991, section 121 (Witness privilege) or 122 (Claim of unjustifiable exercise of power) 57 Health Rights Commission Act 1991, section 130 (Commissioner may intervene in disciplinary proceedings)

s 225 116 s 225 Health Quality and Complaints Commission Bill 2006 225 Health service complaints 1 (1) This section applies to a health service complaint made to the 2 former commissioner under the repealed Act and not finally 3 dealt with before the commencement. 4 (2) The health service complaint is taken to have been made to 5 the commission and may be dealt with or further dealt with by 6 the commission or another entity under this Act. 7 (3) Without limiting subsection (2)-- 8 (a) action taken in relation to the health service complaint 9 by the former commissioner is taken to have been taken 10 by the commission; and 11 (b) an assessment of the complaint may be continued or 12 started under this Act; and 13 (c) a conciliation of the health service complaint may be 14 started or continued under this Act; and 15 (d) if the complaint was referred to a registration board or 16 other entity under the repealed Act, the referral is taken 17 to have happened under this Act; and 18 (e) a notice given by the commissioner under the repealed 19 Act, section 70 or 9658 is taken to have been given by the 20 commission under section 55 or an authorised person 21 under section 123;59 and 22 (f) an investigation of the complaint may be continued or 23 started under this Act. 24 (4) For continuing and finalising a conciliation under subsection 25 (3)(c), the person conciliating the health service complaint 26 under the repealed Act is taken to be a conciliator under this 27 Act. 28 58 Health Rights Commission Act 1991, section 70 (Submissions about health service complaint) or 96 (Notice to provide information or a record) 59 Section 55 (Submissions about health service complaint) or 123 (Power to require information or attendance)

s 226 117 s 229 Health Quality and Complaints Commission Bill 2006 226 Direction of Minister given under repealed Act 1 (1) Subsection (2) applies if the former commissioner was given a 2 direction under the repealed Act, section 3160 and, 3 immediately before the commencement, the direction had not 4 been complied with. 5 (2) The commission must comply with the direction by acting 6 under this Act and for that purpose this Act applies with any 7 necessary or convenient changes. 8 227 Offences 9 (1) Proceedings for an offence against the repealed Act may be 10 continued, or started by the commission, and the provisions of 11 the repealed Act necessary or convenient to be used in relation 12 to the proceedings continue to apply, as if this Act had not 13 commenced. 14 (2) For subsection (1), the Acts Interpretation Act 1954, section 15 2061 applies, but does not limit the subsection. 16 228 Things seized 17 A thing seized under the repealed Act, and in relation to 18 which proceedings were not finalised or started immediately 19 before the commencement, is taken to have been properly 20 seized under this Act. 21 229 Former commission's annual report for 2005-2006 22 (1) The commission must prepare the annual report required 23 under the Financial Administration and Audit Act 1977, 24 section 46J,62 and otherwise comply with the former 25 commission's obligations under the section, in relation to the 26 operations of the former commission for the financial year 27 ending on 30 June 2006. 28 60 Health Rights Commission Act 1991, section 31 (Minister's directions) 61 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.) 62 Financial Administration and Audit Act 1977, section 46J (Annual report)

s 230 118 s 232 Health Quality and Complaints Commission Bill 2006 (2) The annual report must be prepared so as to comply with the 1 repealed Act, sections 34 and 36.63 2 230 Amendment of regulation by Act 3 The amendment of a regulation in schedule 3 does not affect 4 the power of the Governor in Council to further amend the 5 regulation or to repeal it. 6 231 Transitional regulation-making power 7 (1) A regulation (a transitional regulation) may make provision 8 for a matter for which-- 9 (a) it is necessary to make provision to allow or facilitate 10 the doing of anything to achieve the transition from the 11 operation of the repealed Act to the operation of this 12 Act; and 13 (b) this Act does not make provision or sufficient provision. 14 (2) A transitional regulation may have retrospective operation to a 15 day not earlier than the commencement. 16 (3) A transitional regulation must declare it is a transitional 17 regulation. 18 (4) This section and any transitional regulation expire 1 year after 19 the commencement. 20 Chapter 16 Amendment of Health 21 Services Act 1991 22 232 Act amended in ch 16 23 This chapter amends the Health Services Act 1991. 24 63 Health Rights Commission Act 1991, sections 34 (Annual report) and 36 (Response to adverse comment)

s 233 119 s 235 Health Quality and Complaints Commission Bill 2006 233 Amendment of s 2 (Definitions) 1 (1) Section 2-- 2 insert-- 3 `Health Quality and Complaints Commission means the 4 Health Quality and Complaints Commission established 5 under the Health Quality and Complaints Commission Act 6 2006.'. 7 (2) Section 2, definition health services agreement, `chief 8 executive'-- 9 omit, insert-- 10 `general manager of the health service area in which the 11 district is situated'. 12 234 Amendment of s 10 (Appointment of members) 13 Section 10(2)-- 14 omit, insert-- 15 `(2) The Minister must recommend to the Governor in Council for 16 appointment as members of a council persons nominated as 17 suitable for appointment by the Health Quality and 18 Complaints Commission. 19 20 Note-- 21 It is a function of the Health Quality and Complaints Commission under 22 the Health Quality and Complaints Commission Act 2006, section 23 16(d), to nominate to the Minister persons it considers suitable for 24 appointment as members of councils.'. 235 Amendment of s 17 (Times and places of meetings) 25 Section 17(1), `2 months'-- 26 omit, insert-- 27 `month'. 28

s 236 120 s 239 Health Quality and Complaints Commission Bill 2006 236 Amendment of s 22 (Managers for districts) 1 (1) Section 22(2), `public service officer or'-- 2 omit. 3 (2) Section 22(3)(a), `the chief executive and'-- 4 omit. 5 237 Insertion of new s 23A 6 Part 2, after section 23-- 7 insert-- 8 `23A Tabling of council reports 9 `(1) This section applies to a report for a financial year given to the 10 Minister by a council under section 8(1)(i). 11 `(2) The Minister must table the report in the Legislative 12 Assembly within 2 months of the end of the financial year.'. 13 238 Amendment of s 24 (Appointment of health service 14 employees) 15 (1) Section 24(1), from `the department'-- 16 omit, insert-- 17 `an administrative unit of the department prescribed under a 18 regulation.'. 19 (2) Section 24(2)-- 20 omit. 21 (3) Section 24(3)-- 22 renumber as section 24(2). 23 239 Insertion of new s 62LA 24 After section 62L-- 25 insert-- 26

s 240 121 s 240 Health Quality and Complaints Commission Bill 2006 `62LA Disclosure to Health Quality and Complaints 1 Commission 2 Section 62A(1) does not apply to the disclosure of 3 confidential information by a designated person if the 4 disclosure is to the Health Quality and Complaints 5 Commission for the purpose of-- 6 (a) making, or giving information about, a complaint about 7 a provider of health services; or 8 (b) answering questions or otherwise giving information as 9 part of an investigation under the Health Quality and 10 Complaints Commission Act 2006 about a person who is 11 or was a provider of health services; or 12 (c) giving the commission information about health 13 services including information requested by the 14 commission under the Health Quality and Complaints 15 Commission Act 2006, section 21;64 or 16 (d) giving the commission aggregated data, including data 17 that identifies persons, about complaint management, 18 patient safety or another matter relating to the quality of 19 health services.'. 20 240 Insertion of new pt 9, div 6 21 Part 9-- 22 insert-- 23 `Division 6 Transitional provisions for Health 24 Quality and Complaints 25 Commission Act 2006 26 `83 Existing members of district health councils 27 `(1) This section applies to a member of a district health council 28 holding office immediately before the commencement of this 29 section under an appointment made before that 30 commencement. 31 64 Health Quality and Complaints Commission Act 2006, section 21 (Commission may ask provider for information)

s 241 122 s 241 Health Quality and Complaints Commission Bill 2006 `(2) The member stops being a member under that appointment. 1 `(3) The member is not entitled to compensation for the loss of 2 office.'. 3 Chapter 17 Amendment of other 4 legislation 5 241 Amendment of legislation 6 (1) Schedule 3 amends the Acts and regulations it mentions. 7 (2) Schedule 4 amends the Acts it mentions. 8

123 Health Quality and Complaints Commission Bill 2006 Schedule 1 Health services 1 section 8(a) 2 Part 1 Declared health services 3 1 Hospital, health institution or nursing home services. 4 2 Medical, dental, pharmaceutical, paramedical, mental health, 5 community health, environmental health, specialised health or 6 allied services. 7 3 Services provided in association with the use of premises for 8 the care, treatment or accommodation of persons who are 9 aged or have a physical or mental illness. 10 4 Laboratory services provided in support of health services. 11 5 Laundry, cleaning, catering or other support services provided 12 to a hospital, health institution, nursing home or premises 13 mentioned in item 3, if the services affect the care or 14 treatment of patients or residents. 15 6 Social work, welfare, recreational or leisure services, if 16 provided as part of a health service. 17 7 Ambulance services. 18 8 Services provided by registered providers. 19 9 Services provided by dietitians, audiologists, audiometrists, 20 prosthetists, optical dispensers, child guidance therapists, 21 psychotherapists, therapeutic counsellors and services 22 provided by other professional, technical and operational 23 persons that directly contribute to the provision of a health 24 service. 25 10 Services provided by practitioners of hypnosis, massage, 26 naturopathy, acupuncture or in other natural or alternative 27 health care or diagnostic fields. 28 11 Services provided in relation to health promotion, education 29 and information. 30

124 Health Quality and Complaints Commission Bill 2006 Schedule 1 (continued) Part 2 Services declared not to be 1 health services 2 1 An opinion of a provider, or a decision made, for a claim 3 under the Workers' Compensation and Rehabilitation Act 4 2003. 5 2 An opinion of a provider, or a decision made, for the purpose 6 of a notice, order, or appeal under the Workplace Health and 7 Safety Act 1995. 8 3 Services provided by an officer of a department (other than 9 the department in which this Act is administered), excluding 10 services provided by an officer who-- 11 (a) is a registered provider; and 12 (b) provides the services in the course of performing duties 13 in a position for which registration as a registered 14 provider of that type is a requirement. 15 4 Services provided by the State Emergency Service and by 16 volunteers in emergency situations, including first aid and life 17 support services, for example services provided by lifesavers, 18 coastal rescue groups, teachers, teachers aides and school 19 administrative staff. 20 5 Health services provided by a public authority of the 21 Commonwealth. 22

125 Health Quality and Complaints Commission Bill 2006 Schedule 2 Registration boards 1 schedule 5, definition registration board 2 1 Chiropractors Board of Queensland 3 2 Dental Board of Queensland 4 3 Dental Technicians and Dental Prosthetists Board of 5 Queensland 6 4 Medical Board of Queensland 7 5 Medical Radiation Technologists Board of Queensland 8 6 Occupational Therapists Board of Queensland 9 7 Optometrists Board of Queensland 10 8 Osteopaths Board of Queensland 11 9 Pharmacists Board of Queensland 12 10 Physiotherapists Board of Queensland 13 11 Podiatrists Board of Queensland 14 12 Psychologists Board of Queensland 15 13 Queensland Nursing Council 16 14 Speech Pathologists Board of Queensland 17

126 Health Quality and Complaints Commission Bill 2006 Schedule 3 Consequential amendments 1 section 241(1) 2 Births, Deaths and Marriages Registration Act 2003 3 1 Part 7-- 4 insert-- 5 `48C Registrar may enter into arrangement with commission 6 `(1) The registrar may enter into an arrangement with the 7 commission about providing to the commission information 8 from a register or a source document, or providing to the 9 commission a copy of a source document, about the death of a 10 person to which an investigation under the Health Quality and 11 Complaints Commission Act 2006 may be relevant. 12 `(2) The registrar may provide information or a copy of a source 13 document to the commission under the arrangement. 14 `(3) The registrar and the commission must, as far as practicable, 15 protect the person to whom the information or source 16 document relates from unjustified intrusion on the person's 17 privacy. 18 `(4) If the registrar enters into an arrangement with the 19 commission, the registrar may charge a fee for the service that 20 is not more than the actual cost of providing the service. 21 `(5) This section applies despite sections 44 to 46 and 48. 22 `(6) In this section-- 23 commission, means the Health Quality and Complaints 24 Commission established under the Health Quality and 25 Complaints Commission Act 2006. 26 source document has the same meaning as in section 44(1)(b) 27 but does not include a source document prescribed under a 28 regulation for that paragraph.'. 29

127 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Chiropractors Registration Act 2001 1 1 Section 120(3)(h)-- 2 omit, insert-- 3 `(h) the Health Quality and Complaints Commission;'. 4 Commission for Children and Young People and Child 5 Guardian Act 2000 6 1 Schedule 4, definition complaints agency, paragraph 7 (d)-- 8 omit, insert-- 9 `(d) the Health Quality and Complaints Commission under 10 the Health Quality and Complaints Commission Act 11 2006;'. 12 Coroners Act 2003 13 1 Section 17(3)(a), example-- 14 omit, insert-- 15 `Example-- 16 17 the Health Quality and Complaints Commission Act 2006, 18 section 213(2) (Preservation of confidentiality)'.

128 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 2 Section 17(3)(b), example-- 1 omit, insert-- 2 `Example-- 3 4 the Health Quality and Complaints Commission Act 2006, 5 section 82 (Conciliation privileged)'. Criminal Code 6 1 Section 229O(1), definition health service, `schedule 1, 7 part 1 of the Health Rights Commission Act 1991'-- 8 omit, insert-- 9 `the Health Quality and Complaints Commission Act 2006, 10 schedule 1, part 1'. 11 2 Section 229O(1), definition health services provider, 12 `Health Rights Commission Act 1991'-- 13 omit, insert-- 14 `Health Quality and Complaints Commission Act 2006'. 15 Dental Practitioners Registration Act 2001 16 1 Section 139(3)(h)-- 17 omit, insert-- 18 `(h) the Health Quality and Complaints Commission;'. 19

129 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Dental Technicians and Dental Prosthetists 1 Registration Act 2001 2 1 Section 124(3)(h)-- 3 omit, insert-- 4 `(h) the Health Quality and Complaints Commission;'. 5 Disability Services Act 2006 6 1 Schedule 7, definition complaints agency, paragraph 7 (d)-- 8 omit, insert-- 9 `(d) the Health Quality and Complaints Commission under 10 the Health Quality and Complaints Commission Act 11 2006;'. 12 Evidence Regulation 1993 13 1 Section 3(p)-- 14 omit, insert-- 15 `(p) the Health Quality and Complaints Commission, a 16 commission member, the chief executive officer or a 17 conciliator under the Health Quality and Complaints 18 Commission Act 2006, in relation to the conciliation of a 19 health service complaint under chapter 6 of that Act;'. 20

130 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Freedom of Information Act 1992 1 1 Section 11(1)-- 2 insert-- 3 `(pa) the Health Quality and Complaints Commission in 4 relation to the conciliation of health service complaints 5 under-- 6 (i) the Health Rights Commission Act 1991, part 6; or 7 (ii) the Health Quality and Complaints Commission 8 Act 2006, chapter 6; or'. 9 Health Practitioners (Professional Standards) Act 10 1999 11 1 Section 5, heading, `Health Rights Commission Act'-- 12 omit, insert-- 13 `Health Quality and Complaints Commission Act'. 14 2 Sections 5, 6, 52 and 53, `Health Rights Commission Act 15 1991'-- 16 omit, insert-- 17 `Health Quality and Complaints Commission Act 2006'. 18 3 Section 11(c), `an imminent threat'-- 19 omit, insert-- 20 `a serious potential risk'. 21

131 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 4 Sections 11, 51, 52, 53, 55(1), 56(3), 57(1), 59(4), 116, 1 120(1), 126(3)(b)(iv), 131(1)(c), 134(5)(c), 135(6)(c), 2 150(2)(c), 153(1)(c), 168(1)(c), 174(1)(d), 178(6)(c), 3 205(1)(c), 215(1)(d), 245(1)(c), 251(1)(c), 264(1), 289(2)(b), 4 304, 311, 312(3), 318(1)(b), 328(1), 336(3), 340(1)(b), 350(1), 5 374(2)(a), 379(5) and 383 heading and (2), 6 `commissioner'-- 7 omit, insert-- 8 `commission'. 9 5 Section 48(2)-- 10 omit, insert-- 11 `(2) Also, a complaint may be made about a matter for which a 12 health service complaint could be made under the Health 13 Quality and Complaints Commission Act 2006.'. 14 6 Section 51(2), before paragraph (b)-- 15 insert-- 16 `(aa) the board rejects the complaint under section 54(1AA); 17 or'. 18 7 Part 3, division 3, subdivision 2, heading, 19 `commissioner'-- 20 omit, insert-- 21 `commission'. 22 8 Part 3, division 3, before section 54-- 23 insert-- 24 `Subdivision 2A Rejection of complaints'. 25

132 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 9 Section 54, before subsection (1)-- 1 insert-- 2 `(1AA) A board may decide to reject a complaint mentioned in 3 section 51 if the board and the commission agree to reject the 4 complaint for a reason mentioned in subsection (1)(a) to (e).'. 5 10 Section 54(2), `under'-- 6 omit, insert-- 7 `for a reason mentioned in'. 8 11 Section 58, `imminent threats'-- 9 omit, insert-- 10 `serious potential risks'. 11 12 Section 59(1)(a), `an imminent threat'-- 12 omit, insert-- 13 `a serious potential risk'. 14 13 Section 62(b)-- 15 omit. 16 14 Section 62(c), from `commissioner' to `this Act,'-- 17 omit, insert-- 18 `commission agree under section 51(2)(a) or (b)'. 19 15 Section 62(c) to (f)-- 20 renumber as-- 21 `section 62(b) to (e).'. 22

133 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 16 Section 116(6)(a), `commissioner's'-- 1 omit, insert-- 2 `commission's'. 3 17 Section 117-- 4 omit, insert-- 5 `117 Commission may report to Minister 6 `(1) The commission may, at any time, give the Minister a report 7 about investigations conducted by boards or a particular 8 investigation. 9 `(2) The commission must not include in the report comment 10 adverse to an entity identifiable from the report unless the 11 entity has been given a reasonable opportunity to-- 12 (a) make submissions to the commission about the 13 comment; and 14 (b) give a written statement to the commission about the 15 comment. 16 `(3) If the entity that provides a written statement under subsection 17 (2)(b) asks that the statement be included in the report, the 18 commission must include the statement, or a fair summary of 19 the statement, in the report.'. 20 18 Section 173(c)-- 21 omit, insert-- 22 `(c) if the commission intervenes in the proceedings under 23 the Health Quality and Complaints Commission Act 24 2006, section 190, the commission.'. 25

134 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 19 Section 214(c)-- 1 omit, insert-- 2 `(c) if the commission intervenes in the proceedings under 3 the Health Quality and Complaints Commission Act 4 2006, section 190, the commission.'. 5 20 Section 367B(2), definition relevant person, paragraph 6 (h)-- 7 omit, insert-- 8 `(h) a commission member or officer under the Health 9 Quality and Complaints Commission Act 2006;'. 10 21 Section 367D(1)(d), after `Health Rights Commission Act 11 1991'-- 12 insert-- 13 `or Health Quality and Complaints Commission Act 2006'. 14 22 Section 383(1)(b)-- 15 omit, insert-- 16 `(b) the commission has, under the Health Quality and 17 Complaints Commission Act 2006, section 62(3), 66(3) 18 or 76(3), advised the registrant's board that the 19 commission intends to conciliate, or continue to 20 conciliate, the complaint.'. 21 23 Section 385B(6), after `part 6'-- 22 insert-- 23 `, Health Quality and Complaints Commission Act 2006, chapter 24 6'. 25

135 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 24 Section 385B(7), definition, relevant interstate law, 1 `Health Rights Commission Act 1991, part 6'-- 2 omit, insert-- 3 `Health Quality and Complaints Commission Act 2006, chapter 6'. 4 25 After section 405-- 5 insert-- 6 `Division 3 Provisions for Health Quality and 7 Complaints Commission Act 2006 8 `405A Definitions for div 3 9 `In this division-- 10 commencement means the commencement of the provision in 11 which the term is used. 12 Health Rights Commissioner means the Health Rights 13 Commissioner under the repealed Act. 14 repealed Act means the Health Rights Commission Act 1991. 15 `405B Withdrawal of referred complaint 16 `For section 57, a reference to the commission is taken as a 17 reference to the Health Rights Commissioner if, before the 18 commencement, the complaint was referred to the registrant's 19 board by the Health Rights Commissioner and is withdrawn 20 after the commencement. 21 `405C When investigation must be conducted or continued 22 `(1) This section applies if -- 23 (a) before the commencement -- 24 (i) the Minister who was administering the repealed 25 Act decided, under section 74(7)(b) of that Act, 26 that a complaint about a registrant should be 27

136 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) referred by the Health Rights Commissioner to the 1 registrant's board for investigation; or 2 (ii) a registrant's board and the Health Rights 3 Commissioner agreed under the repealed Act, 4 section 74(2), or under section 51(2)(a) or (b) of 5 this Act, that a complaint about the registrant was 6 to be investigated by the board; and 7 (b) the registrant's board has not started or finished 8 investigating the complaint. 9 `(2) The registrant's board must investigate, or continue to 10 investigate, the registrant. 11 `405D Reports to commission on investigation by board 12 `(1) This section applies if the Health Rights Commissioner was 13 given a report under pre-amended section 116(2) or (3) and 14 had not, before the commencement, given to the board 15 comments under the pre-amended section 116(5). 16 `(2) For section 116(5) and (6), the report is taken to have been 17 given to the commission and to have been received by it when 18 it was received by the Health Rights Commissioner. 19 `(3) In this section-- 20 pre-amended, in relation to a section, means the section as in 21 force immediately before the commencement. 22 `405E Board's annual report 23 `(1) This section applies if a report mentioned in section 264 is to 24 be made for the financial year 2005-2006. 25 `(2) For section 264(1)(a) and (b) a reference to the commission is 26 taken to be a reference to the Health Rights Commissioner. 27 `405F Notice about board decision 28 `For section 304(2)(a), a reference to a complaint made to the 29 commission and referred to the board is taken to include a 30

137 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) reference to a complaint made to the Health Rights 1 Commissioner before the commencement and referred to the 2 board. 3 `405G Copy of undertakings 4 `For section 379(5)(a), a reference to a complaint made to the 5 commission and referred to the board is taken to include a 6 reference to a complaint made to the Health Rights 7 Commissioner before the commencement and referred to the 8 board. 9 `405H Continuing requirement for board to give notice to 10 commission 11 `(1) This section applies if-- 12 (a) a complaint about a registrant is being dealt with by the 13 registrant's board or a disciplinary body under this Act; 14 and 15 (b) before the commencement the Health Rights 16 Commissioner had, under the repealed Act, section 17 74(6), 77(3) or 85(8), advised the registrant's board that 18 the commissioner intended to conciliate, or continue to 19 conciliate, the complaint. 20 `(2) The registrant's board must, as soon as practicable after the 21 registrant's board has finished dealing with the complaint 22 under this Act, give the commission notice that no further 23 action is to be taken about the complaint under this Act.'. 24 26 Schedule, definition commissioner-- 25 omit. 26 27 Schedule-- 27 insert-- 28 `commencement, for part 13, division 3, see section 405A. 29

138 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) commission means the Health Quality and Complaints 1 Commission under the Health Quality and Complaints 2 Commission Act 2006. 3 Health Rights Commissioner see section 405A. 4 repealed Act, for part 13, division 3, see section 405A.'. 5 28 Schedule, definition complainant, paragraph (b)-- 6 omit, insert-- 7 `(b) a person or other entity who made a complaint under the 8 Health Rights Commission Act 1991 that was referred to 9 a board by the Health Rights Commissioner; or 10 (c) a person who makes a complaint under the Health 11 Quality and Complaints Commission Act 2006 that is 12 referred to a board by the commission.'. 13 Health Practitioners (Special Events Exemption) Act 14 1998 15 1 Section 15(1), `Health Rights Commission Act 1991'-- 16 omit, insert-- 17 `Health Quality and Complaints Commission Act 2006'. 18 Industrial Relations Act 1999 19 1 Section 73(2)(f)-- 20 insert-- 21 `(iii) a complaint under the Health Quality and 22 Complaints Commission Act 2006;'. 23

139 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Medical Practitioners Registration Act 2001 1 1 Section 156(3)(h)-- 2 omit, insert-- 3 `(h) the Health Quality and Complaints Commission;'. 4 Medical Radiation Technologists Registration Act 5 2001 6 1 Section 135(3)(h)-- 7 omit, insert-- 8 `(h) the Health Quality and Complaints Commission;'. 9 Mental Health Act 2000 10 1 Section 349(4)(f)-- 11 omit, insert-- 12 `(f) the Health Quality and Complaints Commission under 13 the Health Quality and Complaints Commission Act 14 2006;'. 15 Nursing Act 1992 16 1 Section 4, definition commissioner-- 17 omit. 18

140 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 2 Section 4-- 1 insert-- 2 `commencement, for part 9, division 6, see section 156. 3 commission means the Health Quality and Complaints 4 Commission under the Health Quality and Complaints 5 Commission Act 2006. 6 Health Rights Commissioner, for part 9, division 6, see 7 section 156. 8 repealed Act, for part 9, division 6, see section 156.'. 9 3 Sections 66, 67(3A), 68(3), 101A(2)(a), 102A, 102B, 10 103(1)(b), 103A, 104(3), 118(2A), and 118A heading and 11 (2), `commissioner'-- 12 omit, insert-- 13 `commission'. 14 4 Section 102AA(2)-- 15 omit, insert-- 16 `(2) Also, a complaint may be made about a matter for which a 17 health service complaint could be made under the Health 18 Quality and Complaints Commission Act 2006.'. 19 5 Section 102B, `Health Rights Commission Act 1991'-- 20 omit, insert-- 21 `Health Quality and Complaints Commission Act 2006'. 22 6 Section 102C(1)-- 23 omit. 24 7 Section 102C(2) and (3)-- 25 renumber as section 102C(1) and (2). 26

141 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) 8 Part 5, division 4A, heading, `commissioner'-- 1 omit, insert-- 2 `commission'. 3 9 Section 118A(1)(b)-- 4 omit, insert-- 5 `(b) the commission has, under the Health Quality and 6 Complaints Commission Act 2006, section 62(3), 66(3) 7 or 76(3), advised the council that the commission 8 intends to conciliate, or continue to conciliate, the 9 complaint.'. 10 10 Section 140B(6), after `part 6'-- 11 insert-- 12 `, Health Quality and Complaints Commission Act 2006, chapter 13 6'. 14 11 Section 140B(7), `Health Rights Commission Act 1991, 15 part 6'-- 16 omit, insert-- 17 `Health Quality and Complaints Commission Act 2006, chapter 6'. 18 12 After section 155-- 19 insert-- 20 `Division 6 Provisions for the Health Quality 21 and Complaints Commission Act 22 2006 23 `156 Definitions for div 6 24 `In this division-- 25 commencement means the commencement of the provision in 26 which the term is used. 27

142 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Health Rights Commissioner means the Health Rights 1 Commissioner under the repealed Act. 2 repealed Act means the Health Rights Commission Act 1991. 3 `157 When investigation must be conducted or continued 4 `(1) This section applies if-- 5 (a) before the commencement-- 6 (i) the Minister who was administering the repealed 7 Act decided, under section 74(7)(b) of that Act, 8 that a complaint about a nurse, midwife or person 9 authorised to practise nursing should be referred by 10 the Health Rights Commissioner to the council; or 11 (ii) the council and the Health Rights Commissioner 12 agreed under the repealed Act, section 74(2)(a), or 13 under section 102A(2)(a) of this Act, that a 14 complaint about a nurse, midwife or person 15 authorised to practise nursing was to be 16 investigated by the council; and 17 (b) the council has not started or finished investigating the 18 complaint. 19 `(2) The council must investigate, or continue to investigate, the 20 nurse, midwife or person authorised to practise nursing. 21 `158 Reports to commission on investigation by council 22 `(1) This section applies if the Health Rights Commissioner was 23 given a report under pre-amended section 103A(1) or (2) and 24 had not, before the commencement, given to the council 25 comments under the pre-amended section 103A(4). 26 `(2) For section 103A(4), the report is taken to have been given to 27 the commission and to have been received by it when it was 28 received by the Health Rights Commissioner. 29 `(3) Also, if, before the commencement, the Health Rights 30 Commissioner gave comments to the council under the 31 pre-amended section 103A(4), the council must have regard to 32

143 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) the comments in making a decision after the commencement 1 about the action it intends to take about the complaint or other 2 matter the subject of the investigation. 3 `(4) In this section-- 4 comments includes information or recommendations. 5 pre-amended, in relation to a section, means the section as in 6 force immediately before the commencement. 7 `159 Continuing requirement for council to give notice to 8 commission 9 `(1) This section applies if-- 10 (a) a complaint about a nurse, midwife or person authorised 11 to practise nursing is being dealt with by the council or 12 tribunal under part 5; and 13 (b) before the commencement the Health Rights 14 Commissioner had, under the repealed Act, section 15 74(6), 77(3) or 85(8), advised the council that the 16 commissioner intended to conciliate, or continue to 17 conciliate, the complaint. 18 `(2) The council must, as soon as practicable after the council or 19 tribunal has finished dealing with the complaint under this 20 Act, give the commission notice that no further action is to be 21 taken about the complaint under this Act.'. 22 Occupational Therapists Registration Act 2001 23 1 Section 120(3)(h)-- 24 omit, insert-- 25 `(h) the Health Quality and Complaints Commission;'. 26

144 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Ombudsman Act 2001 1 1 Section 16(2)(g), after `1991'-- 2 insert-- 3 `or the Health Quality and Complaints Commission Act 2006'. 4 2 Schedule 3, definition complaints entity, examples, third 5 dot point'-- 6 omit, insert-- 7 `� the Health Quality and Complaints Commission under the Health Quality 8 9 and Complaints Commission Act 2006'. Optometrists Registration Act 2001 10 1 Section 120(3)(h)-- 11 omit, insert-- 12 `(h) the Health Quality and Complaints Commission;'. 13 Osteopaths Registration Act 2001 14 1 Section 120(3)(h)-- 15 omit, insert-- 16 `(h) the Health Quality and Complaints Commission;'. 17

145 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Parliament of Queensland Act 2001 1 1 Section 67(1)(j)-- 2 omit, insert-- 3 `(j) a commission member under the Health Quality and 4 Complaints Commission Act 2006;'. 5 Personal Injuries Proceedings Act 2002 6 1 Section 9(6), from `if the claimant--'-- 7 omit, insert-- 8 `if-- 9 (a) the claimant-- 10 (i) has made a health service complaint about the 11 person against whom the proceeding is proposed to 12 be started to the Health Rights Commissioner 13 under the Health Rights Commission Act 1991 14 within the period prescribed for making a 15 complaint under that Act; and 16 (ii) gives part 1 of the notice to the person as soon as 17 practicable after the complaint is finalised under 18 the Health Rights Commission Act 1991 or Health 19 Quality and Complaints Commission Act 2006; or 20 (b) the claimant-- 21 (i) has made a health service complaint about the 22 person against whom the proceeding is proposed to 23 be started to the Health Quality and Complaints 24 Commission under the Health Quality and 25 Complaints Commission Act 2006 within the 26 period prescribed for making a complaint under 27 that Act; and 28

146 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) (ii) gives part 1 of the notice to the person as soon as 1 practicable after the complaint is finalised under 2 the Health Quality and Complaints Commission 3 Act 2006.'. 4 2 Section 9A(6A), from `if the claimant--'-- 5 omit, insert-- 6 `if-- 7 (a) the claimant-- 8 (i) has made a health service complaint about the 9 person against whom the proceeding is proposed to 10 be started to the Health Rights Commissioner 11 under the Health Rights Commission Act 1991 12 within the period prescribed for making a 13 complaint under that Act; and 14 (ii) gives the initial notice to the person as soon as 15 practicable after the complaint is finalised under 16 the Health Rights Commission Act 1991 or Health 17 Quality and Complaints Commission Act 2006; or 18 (b) the claimant-- 19 (i) has made a health service complaint about the 20 person against whom the proceeding is proposed to 21 be started to the Health Quality and Complaints 22 Commission under the Health Quality and 23 Complaints Commission Act 2006 within the 24 period prescribed for making a complaint under 25 that Act; and 26 (ii) gives the initial notice to the person as soon as 27 practicable after the complaint is finalised under 28 the Health Quality and Complaints Commission 29 Act 2006.'. 30

147 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Personal Injuries Proceedings Regulation 2002 1 1 Section 3(8)(e)-- 2 omit, insert-- 3 `(e) if the injured person made a complaint to the Heath 4 Rights Commission under the Health Rights 5 Commission Act 1991 or the Health Quality and 6 Complaints Commission under the Health Quality and 7 Complaints Commission Act 2006, about a person 8 alleged to have caused the personal injury-- 9 (i) the date the complaint was made; and 10 (ii) if the complaint was finalised under the Health 11 Rights Commission Act 1991 or the Health Quality 12 and Complaints Commission Act 2006, brief 13 details of how the complaint was dealt with under 14 the relevant Act and the date the complaint was 15 finalised;'. 16 Pharmacists Registration Act 2001 17 1 Section 124(3)(h)-- 18 omit, insert-- 19 `(h) the Health Quality and Complaints Commission;'. 20 Physiotherapists Registration Act 2001 21 1 Section 120(3)(h)-- 22 omit, insert-- 23 `(h) the Health Quality and Complaints Commission;'. 24

148 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Podiatrists Registration Act 2001 1 1 Section 120(3)(h)-- 2 omit, insert-- 3 `(h) the Health Quality and Complaints Commission;'. 4 Prostitution Act 1999 5 1 Section 135(2), definition health service, paragraph (b)-- 6 omit, insert-- 7 `(b) a service specified in the Health Quality and Complaints 8 Commission Act 2006, schedule 1, part 1.'. 9 2 Section 135(2), definition health service provider, 10 paragraph (a), `Health Rights Commission Act 1991'-- 11 omit, insert-- 12 `Health Quality and Complaints Commission Act 2006'. 13 Psychologists Registration Act 2001 14 1 Section 136(3)(h)-- 15 omit, insert-- 16 `(h) the Health Quality and Complaints Commission;'. 17

149 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Public Health Act 2005 1 1 Section 157(2), definition relevant entity, paragraph (a)-- 2 omit, insert-- 3 `(a) the Health Quality and Complaints Commission under 4 the Health Quality and Complaints Commission Act 5 2006; or'. 6 Public Health (Infection Control for Personal 7 Appearance Services) Act 2003 8 1 Schedule 2, definition health service, `schedule 1, part 1 9 of the Health Rights Commission Act 1991'-- 10 omit, insert-- 11 `the Health Quality and Complaints Commission Act 2006, 12 schedule 1, part 1'. 13 Public Service Act 1996 14 1 Schedule 1, item 5-- 15 omit, insert-- 16 `5 Office of the Health Quality Chief executive officer'. and Complaints Commission

150 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Public Service Regulation 1997 1 1 Schedule 2, item 13-- 2 omit, insert-- 3 `13 Health Quality and Complaints Commission Act 2006 4 a commission member or the chief executive officer'. 5 Residential Services (Accreditation) Act 2002 6 1 Section 177(3), definition prescribed Act, paragraph (b)-- 7 omit, insert-- 8 `(b) the Health Quality and Complaints Commission Act 9 2006; or'. 10 Speech Pathologists Registration Act 2001 11 1 Section 120(3)(h)-- 12 omit, insert-- 13 `(h) the Health Quality and Complaints Commission;'. 14

151 Health Quality and Complaints Commission Bill 2006 Schedule 3 (continued) Statutory Bodies Financial Arrangements Regulation 1 1997 2 Schedule 2, entry for `Health Rights Commission Act 1 3 1991'-- 4 omit, insert-- 5 `Health Quality and Complaints Health Quality and Complaints Commission Act 2006 Commission'.

152 Health Quality and Complaints Commission Bill 2006 Schedule 4 Other amendments 1 section 241(2) 2 Dental Technicians and Dental Prosthetists 3 Registration Act 2001 4 1 Section 125(1), examples of an individual taking or using 5 a restricted title, `describes'-- 6 omit, insert-- 7 `describing'. 8 2 Section 125(1), examples of an individual taking or using 9 a restricted title, full stop-- 10 omit. 11 3 Section 125(1), examples of a corporation taking or using 12 a restricted title, `describes'-- 13 omit, insert-- 14 `describing'. 15 4 Section 125(1), examples of a corporation taking or using 16 a restricted title, full stop-- 17 omit. 18 Health Act 1937 19 1 After section 101A-- 20 insert, as section 102, section 102 of the Health Act 1937 as that 21 Act was in force immediately before the commencement of the 22

153 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) Health Legislation Amendment Act 2005, schedule, amendments of 1 Health Act 1937, amendment 3. 2 Health Practitioners (Professional Standards) Act 3 1999 4 1 Section 289(1), `288(5)'-- 5 omit, insert-- 6 `288(4)'. 7 2 Section 331(2)(a), `or could not'-- 8 omit, insert-- 9 `and could not'. 10 3 Section 400(2) and (3), `part 14'-- 11 omit, insert-- 12 `part 14 of this Act as originally enacted'. 13 Health Services Act 1991 14 1 Section 13(1)(b)-- 15 omit, insert-- 16 `(b) is an insolvent under administration within the meaning 17 of the Corporations Act, section 9; or' 18

154 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) 2 Section 29(1), at the end of paragraphs (a) and (b)-- 1 insert-- 2 `or'. 3 3 Section 57A, heading, `section 57'-- 4 omit, insert-- 5 `s 57'. 6 4 Section 68(2), at the end of paragraphs (a) to (g)-- 7 insert-- 8 `or'. 9 5 Section 68(2)(c), at the end of subparagraph (i)-- 10 insert-- 11 `or'. 12 Hospitals Foundations Act 1982 13 1 Section 8(1), at the end of paragraphs (a) to (c)-- 14 insert-- 15 `and'. 16 2 Section 13, `are--'-- 17 omit, insert-- 18 `are the following--'. 19

155 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) 3 Section 15(1), `power--'-- 1 omit, insert-- 2 `the following--'. 3 4 Section 18(3), `and' occurring at the end of paragraphs (a) 4 to (c)-- 5 omit. 6 5 Section 26, at the end of paragraphs (a) and (b)-- 7 insert-- 8 `or'. 9 6 Section 26, paragraph (d)-- 10 renumber as paragraph (c). 11 7 Section 26, `paragraph (d)'-- 12 omit, insert-- 13 `paragraph (c)'. 14 8 Section 27, at the end of paragraph (a)-- 15 insert-- 16 `or'. 17 9 Section 36(2), at the end of paragraph (a)-- 18 insert-- 19 `or'. 20

156 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) 10 Section 46(2) and (3), at the end of paragraph (a)-- 1 insert-- 2 `and'. 3 Nursing Act 1992 4 1 Section 43(2), `10,'-- 5 omit. 6 2 Section 72(1), `subsection (2)'-- 7 omit, insert-- 8 `subsection (4)'. 9 3 Section 73, `72(2)'-- 10 omit, insert-- 11 `72(4)'. 12 4 Section 77H(3)(a), (e)(iii) and (4), `in the practise'-- 13 omit, insert-- 14 `in the practice'. 15 5 Section 77I(2)(a) and (e)(iii), `practise'-- 16 omit, insert-- 17 `practice'. 18

157 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) 6 Section 139A(3), `subsection (3)'-- 1 omit, insert-- 2 `subsection (2)'. 3 Pest Management Act 2001 4 1 Schedule 3, definition registered training organisation, 5 `Training and Employment Act 2000'-- 6 omit, insert-- 7 `Vocational Education, Training and Employment Act 2000'. 8 Public Health Act 2005 9 1 Section 158, definition teacher-- 10 omit, insert-- 11 `teacher means an approved teacher under the Education 12 (Queensland College of Teachers) Act 2005, but does not 13 include the principal of a school.'. 14 2 Section 251-- 15 insert-- 16 `HPV means the group of human papilloma viruses that can 17 cause infection in the skin surface of different areas of the 18 body, including the genital area. 19 HPV sample means the cells collected from a woman's cervix 20 for the purpose of testing them for the presence of the DNA of 21 HPV. 22

158 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) HPV test means the process of testing a HPV sample for the 1 presence of the DNA of HPV.'. 2 3 Section 251, definition clinical information, paragraph (a), 3 `and histology tests'-- 4 omit, insert-- 5 `, histology tests and HPV tests'. 6 4 Section 251, definition provider, paragraph (a), `or 7 histological sample'-- 8 omit, insert-- 9 `, histological sample or HPV sample'. 10 5 Sections 252, 254(c), 256, 259(1) and (3), 265(2)(a) and (c), 11 273(2)(a) and (3)(b) and 275(4)(b), `or histological 12 sample'-- 13 omit, insert-- 14 `, histological sample or HPV sample'. 15 6 Chapter 6, part 3, division 3 heading, `and histological 16 samples'-- 17 omit, insert-- 18 `, histological samples and HPV samples'. 19 7 Sections 257(3), 258(4) and 273(3)(a), `or histology test'-- 20 omit, insert-- 21 `, histology test or HPV test'. 22 8 Sections 275(4)(d)(i) and 276(3)(a)(i), `or histology tests'-- 23 omit, insert-- 24 `, histology tests or HPV tests'. 25

159 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) 9 Section 276(3)(a), `or histological samples'-- 1 omit, insert-- 2 `, histological samples or HPV samples'. 3 10 Section 277, heading-- 4 omit, insert-- 5 `277 Agreement for sending out notice under s 260, 261 or 6 262'. 7 11 Section 332(2)(b), `emergency officer (general), and'-- 8 omit, insert-- 9 `emergency officer (general) and'. 10 12 Schedule 2-- 11 insert-- 12 `HPV, for chapter 6, part 3, see section 251. 13 HPV sample, for chapter 6, part 3, see section 251. 14 HPV test, for chapter 6, part 3, see section 251.'. 15 Public Health (Infection Control for Personal 16 Appearance Services) Act 2003 17 1 Schedule 2, definition registered training organisation, 18 `Training and Employment Act 2000'-- 19 omit, insert-- 20 `Vocational Education, Training and Employment Act 2000'. 21

160 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) Research Involving Human Embryos and Prohibition 1 of Human Cloning Act 2003 2 1 Section 21, definition proper consent, paragraph (a), 3 `Ethical Guidelines on Assisted Reproductive Technology 4 (1996)'-- 5 omit, insert-- 6 `Ethical Guidelines on the Use of Assisted Reproductive 7 Technology in Clinical Practice and Research (2004)'. 8 Tobacco and Other Smoking Products Act 1998 9 1 Section 26Q, definition community titles scheme, 10 `section 11'-- 11 omit, insert-- 12 `section 10'. 13 2 Section 26Q, definition lot, `schedule 4'-- 14 omit, insert-- 15 `schedule 6'. 16 Transplantation and Anatomy Act 1979 17 1 Section 4(1), definition hospital, at the end of paragraph 18 (a)-- 19 insert-- 20 `or'. 21

161 Health Quality and Complaints Commission Bill 2006 Schedule 4 (continued) 2 Section 12E, at the end of paragraphs (a) and (b)-- 1 insert-- 2 `and'. 3 3 Section 15, at the end of paragraphs (a) and (b)-- 4 insert-- 5 `or'. 6 4 Section 38(3), `or (2)'-- 7 omit. 8

162 Health Quality and Complaints Commission Bill 2006 Schedule 5 Dictionary 1 section 7 2 accepted representations see section 26(2). 3 assistant commissioner means a Health Quality and 4 Complaints Assistant Commissioner appointed under section 5 149. 6 authorised person means a person appointed by the 7 commission under section 116. 8 chief executive means the chief executive officer of the office. 9 chief health officer means the chief health officer under the 10 Health Services Act 1991, section 57B. 11 code see section 31(1). 12 commencement for chapter 15, part 2, see section 219. 13 commission means the Health Quality and Complaints 14 Commission established under section 11(1). 15 commissioner means the Health Quality and Complaints 16 Commissioner appointed under section 148. 17 commission member means the commissioner or an assistant 18 commissioner. 19 commission officer means the chief executive or another 20 member of the staff of the office. 21 commission standard means a standard made under section 22 22. 23 complainant-- 24 (a) generally, means-- 25 (i) a person who makes a health quality complaint or a 26 health service complaint; or 27 (ii) a person substituted, under section 43, for a person 28 who makes a health service complaint; or 29 (b) for chapter 7, part 3, see section 90. 30

163 Health Quality and Complaints Commission Bill 2006 Schedule 5 (continued) completion notice means-- 1 (a) for a registration board other than the Queensland 2 Nursing Council--a notice under the Health 3 Practitioners (Professional Standards) Act 1999, section 4 383; or 5 (b) for the Queensland Nursing Council--a notice under the 6 Nursing Act 1992, section 118A; or 7 (c) for another entity--notice that the entity has finished 8 dealing with the complaint. 9 conciliation means the process of conciliation under chapter 10 6. 11 conciliator means a commission officer to whom the 12 commission's function of conciliating health service 13 complaints has been delegated under section 166. 14 convicted of an indictable offence includes convicted of an 15 indictable offence dealt with summarily, whether or not the 16 Criminal Code, section 659 applies to the indictable offence. 17 conviction means a finding of guilt by a court, or the 18 acceptance of a plea of guilty by a court, whether or not a 19 conviction is recorded. 20 coroner see the Coroners Act 2003, schedule 2. 21 detriment includes-- 22 (a) personal injury or prejudice to safety; and 23 (b) property damage or loss; and 24 (c) intimidation or harassment; and 25 (d) adverse discrimination, disadvantage or adverse 26 treatment about career, profession, employment, trade or 27 business; and 28 (e) threats of detriment; and 29 (f) financial loss from detriment. 30 disciplinary body means-- 31 (a) a disciplinary committee; or 32

164 Health Quality and Complaints Commission Bill 2006 Schedule 5 (continued) (b) the Health Practitioners Tribunal; or 1 (c) the Nursing Tribunal; or 2 (d) a professional conduct review panel; or 3 (e) a registration board acting under the Health 4 Practitioners (Professional Standards) Act 1999. 5 disciplinary committee means a disciplinary committee 6 established under the Health Practitioners (Professional 7 Standards) Act 1999, section 128(1)(b). 8 district health council means a district health council 9 established under the Health Services Act 1991, section 7. 10 enrolled nurse see the Nursing Act 1992, section 4. 11 former commission for chapter 15, part 2, see section 219. 12 former commissioner for chapter 15, part 2, see section 219. 13 health complaint see section 35. 14 Health Practitioners Tribunal means the Health Practitioners 15 Tribunal established under the Health Practitioners 16 (Professional Standards) Act 1999, section 26. 17 health quality complaint see section 36. 18 health rights means the rights of an individual relating to the 19 provision of a health service. 20 health service see section 8. 21 health service complaint see section 37. 22 health service facility means a facility at which health 23 services mentioned in schedule 1, part 1 are usually provided. 24 hospital means a public sector hospital, a private health 25 facility or the Mater Misericordiae Public Hospitals. 26 Human Rights and Equal Opportunity Commission, of the 27 Commonwealth, means the Human Rights and Equal 28 Opportunity Commission established by the Human Rights 29 and Equal Opportunity Commission Act 1986 (Cwlth). 30

165 Health Quality and Complaints Commission Bill 2006 Schedule 5 (continued) Information Commissioner means the Information 1 Commissioner appointed under the Freedom of Information 2 Act 1992. 3 inquiry means an inquiry by the commission under chapter 8. 4 inquiry matter means a matter in relation to which an inquiry 5 is conducted. 6 inquiry member see section 96(1). 7 midwife see the Nursing Act 1992, section 4. 8 notice means written notice. 9 Nursing Tribunal means the Nursing Tribunal under the 10 Nursing Act 1992. 11 obstruct includes-- 12 (a) assault, threaten, abuse, insult, intimidate or hinder; and 13 (b) attempt to obstruct. 14 office means the Office of the Health Quality and Complaints 15 Commission established under section 174(1). 16 possession, in relation to a person having something in 17 possession, means possession or control in any place-- 18 (a) whether for the use or benefit of the person in relation to 19 whom the term is used or another person; and 20 (b) whether or not another person has actual possession or 21 custody. 22 presiding member see section 97. 23 Privacy Commissioner, of the Commonwealth, means the 24 Privacy Commissioner appointed under the Privacy Act 1988 25 (Cwlth). 26 private health facility see Private Health Facilities Act 1999, 27 section 8. 28 professional conduct review panel means a professional 29 conduct review panel established under the Health 30 Practitioners (Professional Standards) Act 1999, section 15. 31 proposed action see section 25(1)(c). 32

166 Health Quality and Complaints Commission Bill 2006 Schedule 5 (continued) provider-- 1 (a) generally, see section 9; or 2 (b) for chapter 7, part 3, see section 90. 3 public sector hospital see the Health Services Act 1991, 4 section 2. 5 record includes any document. 6 registered provider means a person registered by a 7 registration board and includes an enrolled nurse and a 8 midwife. 9 registration board-- 10 (a) means an entity mentioned in schedule 2; and 11 (b) in relation to a registered provider means the registration 12 board that registered the provider or, for an enrolled 13 nurse or midwife, the Queensland Nursing Council. 14 repealed Act means the Health Rights Commission Act 1991 15 as in force from time to time before its repeal. 16 reprisal means a reprisal as mentioned in section 193(3). 17 seized thing see section 138(1). 18 show cause notice see section 25(1). 19 show cause period see section 25(1)(d). 20 State Coroner means the State Coroner under the Coroners 21 Act 2003. 22 takes a reprisal means the taking of a reprisal as mentioned in 23 section 193(3). 24 user see section 10. 25 witness requirement notice see section 106(1). 26 � State of Queensland 2006

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