Hospital and Health Boards

Division 3 Overview of Act
6 Purpose of div 3
This division gives an overview of this Act.
7 Establishment of Hospital and Health Services
(1) Hospital and Health Services are statutory bodies and are the
principal providers of public sector health services.
(2) Each Hospital and Health Service is independently and locally
controlled by a Hospital and Health Board.
(3) Each Hospital and Health Board appoints a health service
chief executive.
(4) Each Hospital and Health Board exercises significant
responsibilities at a local level, including controlling—
(a) the financial management of the Service; and
(b) the management of the Service’s land and buildings; and
(c) for a prescribed Service, the management of the
Service’s staff.
8 Management of the public sector health system
(1) The public sector health system is comprised of the Hospital
and Health Services and the department.
(2) The overall management of the public sector health system is
the responsibility of the department, through the chief
executive (the system manager role).
(3) In performing the system manager role, the chief executive is
responsible for the following—
(a) Statewide planning;
(b) managing Statewide industrial relations;
(c) managing major capital works;
[s 8A]
Hospital and Health Boards Act 2011
Part 1 Preliminary
Current as at 21 July 2020 Page 23
Authorised by the Parliamentary Counsel
(d) monitoring Service performance;
(e) issuing binding health service directives to Services.
(4) The way in which the chief executive’s responsibilities are
exercised establishes the relationship between the chief
executive and the Services.
(5) The relationship between the chief executive and the Services
is also governed by the service agreement between the chief
executive and each Service.
8A Funding of public sector health system
(1) The public sector health system is funded by the State and the
Commonwealth.
(2) The State pool account and State managed fund enhance the
accountability and transparency of the funding of the public
sector health system.
(3) The administrator of the National Health Funding Pool
publicly reports on funds paid into, and out of, the State pool
account and the State managed fund.
9 Management of health system performance
(1) Hospital and Health Services are individually accountable for
their performance.
(2) Services are required to report on their performance to the
chief executive.
(3) The chief executive is responsible for—
(a) collating and validating the data provided by Services;
and
(b) providing the data to the Commonwealth and relevant
Commonwealth entities.
(4) Health service auditors may be appointed to examine the
performance of Services and the department.
[s 10]
Hospital and Health Boards Act 2011
Part 1 Preliminary
Page 24 Current as at 21 July 2020
Authorised by the Parliamentary Counsel
10 Statewide employment and industrial relations
arrangements
(1) This Act provides for Statewide employment and industrial
relations arrangements in the public sector health system.
(2) Health service employees employed by Services and the
department are employed on the same terms and conditions.
(3) The chief executive is authorised under the Industrial
Relations Act 2016 to negotiate certified agreements for
health service employees and for other health system
industrial relations matters.
(4) Under this Act, the chief executive may issue health
employment directives to support employment and industrial
relations arrangements in the public sector health system.
11 Protections for safety and quality
(1) This Act provides safeguards and protection for—
(a) members of quality assurance committees and Root
Cause Analysis teams; and
(b) information obtained and reports prepared by the
committees or teams.
(2) Clinical reviewers may be appointed to conduct clinical
reviews and to provide expert clinical advice.
12 Confidentiality safeguards
This Act provides safeguards to protect the confidentiality of
information that identifies persons who have received public
sector health services.
[s 13]
Hospital and Health Boards Act 2011
Part 1 Preliminary
Current as at 21 July 2020 Page 25
Authorised by the Parliamentary Counsel
Division 4 Guiding principles of Act
13 Guiding principles
(1) The following principles are intended to guide the
achievement of this Act’s object—
(a) the best interests of users of public sector health services
should be the main consideration in all decisions and
actions under this Act;
(b) there should be a commitment to ensuring quality and
safety in the delivery of public sector health services;
(c) providers of public sector health services should work
with providers of private sector health services to
achieve coordinated, integrated health service delivery
across both sectors;
(d) there should be responsiveness to the needs of users of
public sector health services about the delivery of public
sector health services;
(e) information about the delivery of public sector health
services should be provided to the community in an
open and transparent way;
(f) there should be a commitment to ensuring that places at
which public sector health services are delivered are
places at which—
(i) employees are free from bullying, harassment and
discrimination; and
(ii) employees are respected and diversity is embraced;
and
(iii) there is a positive workplace culture based on
mutual trust and respect;
(g) there should be openness to complaints from users of
public sector health services and a focus on dealing with
the complaints quickly and transparently;
[s 14]
Hospital and Health Boards Act 2011
Part 1 Preliminary
Page 26 Current as at 21 July 2020
Authorised by the Parliamentary Counsel
(h) there should be engagement with clinicians, consumers,
community members and local primary healthcare
organisations in planning, developing and delivering
public sector health services;
(i) opportunities for research and development relevant to
the delivery of public sector health services should be
promoted;
(j) opportunities for training and education relevant to the
delivery of public sector health services should be
promoted.
(2) A person must have regard to the guiding principles when
performing a function or exercising a power under this Act.
Division 5 Interpretation
14 Definitions
The dictionary in schedule 2 defines particular words used in
this Act.
15 Meaning of health service
(1) A health service is a service for maintaining, improving,
restoring or managing people’s health and wellbeing.
(2) Without limiting subsection (1), a health service includes—
(a) a service mentioned in subsection (1) that is provided to
a person at a hospital, residential care facility,
community health facility or other place; and
(b) a service dealing with public health, including a
program or activity for—
(i) the prevention and control of disease or sickness;
or
(ii) the prevention of injury; or
(iii) the protection and promotion of health.
[s 16]
Hospital and Health Boards Act 2011
Part 1 Preliminary
Current as at 21 July 2020 Page 27
Authorised by the Parliamentary Counsel
Example of health service mentioned in paragraph (b)—
a cancer screening program
(3) In addition, a health service includes a support service for a
service mentioned in subsection (1).
16 Meaning of service agreement
(1) A service agreement, for a Service, means an agreement
between the chief executive and the Service that states—
(a) the hospital services, other health services, teaching,
research and other services to be provided by the
Service; and
(b) the funding to be provided to the Service for the
provision of services, including the way in which the
funding is to be provided; and
Example of a way of funding a health service—
activity-based funding
(c) the performance measures for the provision of services
by the Service; and
(d) the performance data and other data to be provided by a
Service to the chief executive, including how, and how
often, the data is to be provided; and
(e) any other matter the chief executive considers relevant
to the provision of services by the Service.
(2) Without limiting subsection (1), a service agreement may—
(a) deal with the matters stated in subsection (1) relating to
funding provided by the Commonwealth, without the
Commonwealth being a party to the agreement; and
(b) state the circumstances in which a Service (the first
Service) may agree with another Service to deliver
services for the first Service.Division 3 Overview of Act
6 Purpose of div 3
This division gives an overview of this Act.
7 Establishment of Hospital and Health Services
(1) Hospital and Health Services are statutory bodies and are the
principal providers of public sector health services.
(2) Each Hospital and Health Service is independently and locally
controlled by a Hospital and Health Board.
(3) Each Hospital and Health Board appoints a health service
chief executive.
(4) Each Hospital and Health Board exercises significant
responsibilities at a local level, including controlling—
(a) the financial management of the Service; and
(b) the management of the Service’s land and buildings; and
(c) for a prescribed Service, the management of the
Service’s staff.
8 Management of the public sector health system
(1) The public sector health system is comprised of the Hospital
and Health Services and the department.
(2) The overall management of the public sector health system is
the responsibility of the department, through the chief
executive (the system manager role).
(3) In performing the system manager role, the chief executive is
responsible for the following—
(a) Statewide planning;
(b) managing Statewide industrial relations;
(c) managing major capital works;
[s 8A]
Hospital and Health Boards Act 2011
Part 1 Preliminary
Current as at 21 July 2020 Page 23
Authorised by the Parliamentary Counsel
(d) monitoring Service performance;
(e) issuing binding health service directives to Services.
(4) The way in which the chief executive’s responsibilities are
exercised establishes the relationship between the chief
executive and the Services.
(5) The relationship between the chief executive and the Services
is also governed by the service agreement between the chief
executive and each Service.
8A Funding of public sector health system
(1) The public sector health system is funded by the State and the
Commonwealth.
(2) The State pool account and State managed fund enhance the
accountability and transparency of the funding of the public
sector health system.
(3) The administrator of the National Health Funding Pool
publicly reports on funds paid into, and out of, the State pool
account and the State managed fund.
9 Management of health system performance
(1) Hospital and Health Services are individually accountable for
their performance.
(2) Services are required to report on their performance to the
chief executive.
(3) The chief executive is responsible for—
(a) collating and validating the data provided by Services;
and
(b) providing the data to the Commonwealth and relevant
Commonwealth entities.
(4) Health service auditors may be appointed to examine the
performance of Services and the department.
[s 10]
Hospital and Health Boards Act 2011
Part 1 Preliminary
Page 24 Current as at 21 July 2020
Authorised by the Parliamentary Counsel
10 Statewide employment and industrial relations
arrangements
(1) This Act provides for Statewide employment and industrial
relations arrangements in the public sector health system.
(2) Health service employees employed by Services and the
department are employed on the same terms and conditions.
(3) The chief executive is authorised under the Industrial
Relations Act 2016 to negotiate certified agreements for
health service employees and for other health system
industrial relations matters.
(4) Under this Act, the chief executive may issue health
employment directives to support employment and industrial
relations arrangements in the public sector health system.
11 Protections for safety and quality
(1) This Act provides safeguards and protection for—
(a) members of quality assurance committees and Root
Cause Analysis teams; and
(b) information obtained and reports prepared by the
committees or teams.
(2) Clinical reviewers may be appointed to conduct clinical
reviews and to provide expert clinical advice.
12 Confidentiality safeguards
This Act provides safeguards to protect the confidentiality of
information that identifies persons who have received public
sector health services.
[s 13]
Hospital and Health Boards Act 2011
Part 1 Preliminary
Current as at 21 July 2020 Page 25
Authorised by the Parliamentary Counsel
Division 4 Guiding principles of Act
13 Guiding principles
(1) The following principles are intended to guide the
achievement of this Act’s object—
(a) the best interests of users of public sector health services
should be the main consideration in all decisions and
actions under this Act;
(b) there should be a commitment to ensuring quality and
safety in the delivery of public sector health services;
(c) providers of public sector health services should work
with providers of private sector health services to
achieve coordinated, integrated health service delivery
across both sectors;
(d) there should be responsiveness to the needs of users of
public sector health services about the delivery of public
sector health services;
(e) information about the delivery of public sector health
services should be provided to the community in an
open and transparent way;
(f) there should be a commitment to ensuring that places at
which public sector health services are delivered are
places at which—
(i) employees are free from bullying, harassment and
discrimination; and
(ii) employees are respected and diversity is embraced;
and
(iii) there is a positive workplace culture based on
mutual trust and respect;
(g) there should be openness to complaints from users of
public sector health services and a focus on dealing with
the complaints quickly and transparently;
[s 14]
Hospital and Health Boards Act 2011
Part 1 Preliminary
Page 26 Current as at 21 July 2020
Authorised by the Parliamentary Counsel
(h) there should be engagement with clinicians, consumers,
community members and local primary healthcare
organisations in planning, developing and delivering
public sector health services;
(i) opportunities for research and development relevant to
the delivery of public sector health services should be
promoted;
(j) opportunities for training and education relevant to the
delivery of public sector health services should be
promoted.
(2) A person must have regard to the guiding principles when
performing a function or exercising a power under this Act.
Division 5 Interpretation
14 Definitions
The dictionary in schedule 2 defines particular words used in
this Act.
15 Meaning of health service
(1) A health service is a service for maintaining, improving,
restoring or managing people’s health and wellbeing.
(2) Without limiting subsection (1), a health service includes—
(a) a service mentioned in subsection (1) that is provided to
a person at a hospital, residential care facility,
community health facility or other place; and
(b) a service dealing with public health, including a
program or activity for—
(i) the prevention and control of disease or sickness;
or
(ii) the prevention of injury; or
(iii) the protection and promotion of health.
[s 16]
Hospital and Health Boards Act 2011
Part 1 Preliminary
Current as at 21 July 2020 Page 27
Authorised by the Parliamentary Counsel
Example of health service mentioned in paragraph (b)—
a cancer screening program
(3) In addition, a health service includes a support service for a
service mentioned in subsection (1).
16 Meaning of service agreement
(1) A service agreement, for a Service, means an agreement
between the chief executive and the Service that states—
(a) the hospital services, other health services, teaching,
research and other services to be provided by the
Service; and
(b) the funding to be provided to the Service for the
provision of services, including the way in which the
funding is to be provided; and
Example of a way of funding a health service—
activity-based funding
(c) the performance measures for the provision of services
by the Service; and
(d) the performance data and other data to be provided by a
Service to the chief executive, including how, and how
often, the data is to be provided; and
(e) any other matter the chief executive considers relevant
to the provision of services by the Service.
(2) Without limiting subsection (1), a service agreement may—
(a) deal with the matters stated in subsection (1) relating to
funding provided by the Commonwealth, without the
Commonwealth being a party to the agreement; and
(b) state the circumstances in which a Service (the first
Service) may agree with another Service to deliver
services for the first Service.