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HEALTH TRANSPARENCY ACT 2019

- As at 5 December 2019
- Act 38 of 2019

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Purposes of Act
   4.      How purposes are achieved
   5.      Act binds all persons
   6.      Definitions

   PART 2 - INFORMATION TO WHICH ACT APPLIES

   7.      Information to which Act applies
   8.      What is general information
   9.      What is quality and safety information
   10.     What is residential care information

   PART 3 - PUBLISHING INFORMATION

   11.     Chief executive may publish information
   12.     How information may be published

   PART 4 - COLLECTING INFORMATION

           Division 1 - Private residential aged care facilities

   13.     Chief executive may request information from approved provider
   14.     Form of notice
   15.     Failure to respond to notice
   16.     Chief executive may publish information about response to notice

           Division 2 - Other facilities

   17.     Chief executive may require information about public sector health service facilities and State aged care facilities
   18.     Chief executive may require information about private health facilities
   19.     Form of notice
   20.     Failure to provide information

   PART 5 - OTHER PROVISIONS

   21.     False or misleading information
   22.     Confidentiality
   23.     Delegation
   24.     Regulation-making power

   PART 6 - AMENDMENTS OF ACTS RELATING TO HEALTH MATTERS

           Division 1 - Amendment of this Act

   25.     Act amended
   26.     Amendment of long title

           Division 2 - Amendment of Health Ombudsman Act 2013

   27.     Act amended
   28.     Amendment of s 14 (Dealing with health service complaints and other matters)
   29.     Amendment of s 16 (Disciplinary orders)
   30.     Amendment of s 33 (How to make a complaint)
   31.     Amendment of s 35 (Deciding how to proceed)
   32.     Insertion of new s 35A and pt 3, divs 2A and 2B
   33.     Amendment of s 38 (Meaning of relevant action)
   34.     Amendment of s 49 (Period for completing assessment)
   35.     Amendment of s 55 (Period for attempting resolution)
   36.     Amendment of s 58B (Varying immediate registration action on application by registered health practitioner)
   37.     Replacement of s 64 (Health ombudsman must immediately take further relevant action)
   38.     Amendment of s 73 (Period of interim prohibition order)
   39.     Amendment of s 90 (Notice of decision after investigating matter)
   40.     Insertion of new pt 8A
   41.     Replacement of s 91 (Referral to National Agency)
   42.     Amendment of s 94 (QCAT’s jurisdiction)
   43.     Amendment of s 96 (Orders that QCAT may make)
   44.     Amendment of s 97 (Constitution of QCAT)
   45.     Amendment of s 100 (No stay of decision to take immediate action)
   46.     Amendment of s 101 (Application of div 2)
   47.     Amendment of s 103 (How director must deal with referral)
   48.     Amendment of s 105 (Referral back to health ombudsman)
   49.     Replacement of pt 10, div 3, hdg (Matters relating to registered health practitioners)
   50.     Amendment of s 107 (Decision about registered health practitioner other than student)
   51.     Amendment of s 108 (Decision about student)
   52.     Omission of pt 10, div 4 (Matters relating to practitioners other than registered health practitioners)
   53.     Amendment of s 140 (When conciliation may happen if other relevant action is taken)
   54.     Amendment of s 186 (Functions of authorised persons)
   55.     Amendment of s 203 (Issue of warrant)
   56.     Amendment of s 228 (Power to require information or attendance)
   57.     Amendment of s 259 (Functions)
   58.     Amendment of s 260 (Director not subject to direction)
   59.     Amendment of s 273 (Publication of information about immediate action and QCAT decisions)
   60.     Amendment of s 278 (Notice of decision relating to complaint)
   61.     Amendment of s 279 (Notice to employers about particular serious matters)
   62.     Amendment of s 285 (Delegations)
   63.     Insertion of new pt 21, div 3
   64.     Amendment of sch 1 (Dictionary)

           Division 3 - Amendment of Health Practitioner Regulation National Law Act 2009

   65.     Act amended
   66.     Amendment of s 34 (Replacement of pt 8, div 5 (Preliminary assessment))
   67.     Amendment of s 50 (Replacement of pt 8, div 12, hdg and ss 193–195)

           Division 4 - Amendment of Hospital and Health Boards Act 2011

              Subdivision 1 - Preliminary

   68.     Act amended

              Subdivision 2 - Amendments commencing on assent

   68A.    Amendment of s 20 (Powers of Services)
   68B.    Insertion of new s 80D
   69.     Insertion of new pt 6, div 5
   69A.    Amendment of s 282 (Regulation-making power)
   70.     Amendment of sch 2 (Dictionary)

              Subdivision 3 - Amendments commencing on proclamation

   71.     Insertion of new s 160A

           Division 5 - Amendment of Private Health Facilities Act 1999

   72.     Act amended
   73.     Insertion of new s 147D

           Division 6 - Amendment of Public Health Act 2005

   74.     Act amended
   75.     Insertion of new s 228BA

   PART 7 - OTHER AMENDMENTS OF LEGISLATION

           Division 1 - Amendment of Corrective Services Act 2006

   76.     Act amended
   77.     Amendment of s 308 (Powers of proper officer of a court)

           Division 2 - Amendment of Police Powers and Responsibilities Act 2000

   78.     Act amended
   79.     Amendment of s 640 (Transfer of persons in watch-houses)
   80.     Amendment of s 653 (Power to use force—transfer etc. of person in custody to or from court cell or other place)
   81.     Amendment of s 659 (Custody continues while person in custody is being transferred or escorted by watch-house officer)
   82.     Amendment of sch 6 (Dictionary)

           Division 3 - Amendment of Youth Justice Act 1992

   83.     Act amended
   84.     Amendment of s 56 (Custody of child if not released by court)
   85.     Insertion of new pt 5A
   86.     Amendment of sch 4 (Dictionary)

           Division 4 - Amendment of Youth Justice Regulation 2016

   87.     Regulation amended
   88.     Insertion of new pt 4A
   89.     Amendment of sch 2 (Dictionary)
           SCHEDULE 1
           SCHEDULE 2


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