Health Services Act 1997

This Act is the Health Services Act 1997.

This Act commences on a day or days to be appointed by proclamation.

Expressions used in this Act (or in a particular provision of this Act) that are defined in the Dictionary at the end of the Act have the meanings set out in the Dictionary.

Note.

Expressions used in this Act (or a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.

The objects of this Act are—

to establish a system of local health districts for the whole of the State to deliver health services and to enable their recognition as health networks for the purposes of the National Health Reform Agreement, and

to constitute statutory health corporations to deliver health services and health support services other than on the basis of a specified area, and

to recognise as affiliated health organisations certain non-government institutions and organisations that provide health services and health support services within the State that contribute significantly to the public health system, and

to enable the recognition of some statutory health corporations and affiliated health organisations as health networks for the purposes of the National Health Reform Agreement, and

to re-affirm the adoption of the Medicare Principles and Commitments as guidelines for the delivery of public hospital services (within the meaning of section 23E of the Health Insurance Act 1973 of the Commonwealth) and to facilitate the collection of fees from patients of public health organisations in respect of services received by them that are not required to be provided free of charge under the Medicare Agreement, and

to regulate the conditions of contracts of visiting medical officers appointed by public health organisations, and

to facilitate transfers of staff within the public health system and to avoid unnecessary staff redundancies, and

to require visiting practitioners and staff in the public health system to disclose any charge or conviction for a serious sex or violence offence or of a misconduct finding (such as findings of professional misconduct or unsatisfactory professional conduct), and

to specify the action that may be taken in relation to convictions for serious sex or violence offences committed by visiting practitioners or staff in the public health system, and

to make provision for the funding of public health organisations, and

to facilitate the efficient and effective administration of the public health system generally by providing mechanisms for such matters as inquiries, inspections and transfers of resources.

Introductions to Chapters and other notes included in this Act are explanatory notes and do not form part of this Act.

For the purposes of this Act, the public health system consists of—

all the local health districts, and

all the statutory health corporations, and

all the affiliated health organisations in respect of their recognised establishments and recognised services, and

the Health Secretary in respect of the provision of ambulance services under Chapter 5A and the provision of services under Part 1A of Chapter 10.

A public health organisation is—

a local health district, or

a statutory health corporation, or

an affiliated health organisation in respect of its recognised establishments and recognised services.

A local health district is a local health district constituted under section 17 and specified from time to time in Schedule 1.

The principal reason for constituting local health districts is to facilitate the conduct of public hospitals and health institutions and the provision of health services for residents of the areas of the State in respect of which the districts are constituted.

(cf AHS Act s 19)

The primary purposes of a local health district in its area are as follows—

to provide relief to sick and injured persons through the provision of care and treatment,

to promote, protect and maintain the health of the community.

(cf AHS Act ss 19 and 20)

The functions of a local health district are as follows—

generally to promote, protect and maintain the health of the residents of its area,

to conduct and manage public hospitals, health institutions, health services and health support services under its control,

to give residents outside its area access to such of the health services it provides as may be necessary or desirable,

to achieve and maintain adequate standards of patient care and services,

to ensure the efficient and economic operation of its health services and health support services and use of its resources,

generally to consult and co-operate (as it considers appropriate) with any one or more of the following—

the Health Care Complaints Commission,

health professionals practising in its area,

other individuals and organisations (including voluntary agencies, private agencies and public or local authorities) concerned with the promotion, protection and maintenance of health,

to co-operate with other local health districts and the Health Secretary in relation to the provision of services involving more than one public health organisation or on a State-wide basis,

to investigate and assess health needs in its area,

to plan future development of health services in its area, and, towards that end—

to consult and plan jointly with the Ministry of Health and such other organisations as it considers appropriate, and

to support, encourage and facilitate the organisation of community involvement in the planning of those services, and

to develop strategies to facilitate community involvement in the planning of those services and to report on the implementation of those strategies in annual reports and to the Minister,

to establish and maintain an appropriate balance in the provision and use of resources for health protection, health promotion, health education and treatment services,

to provide services to persons with whom it has contracted or entered into an agreement under section 37(2),

to administer funding for recognised establishments and recognised services of affiliated health organisations where that function has been delegated to it by the Minister under section 129,

to provide training and education relevant to the provision of health services,

to undertake research and development relevant to the provision of health services,

to make available to the public information and advice concerning public health and the health services available within its area,

to carry out such other functions as are conferred or imposed on it by or under this or any other Act or as may be prescribed by the regulations.

A statutory health corporation is a statutory health corporation constituted under section 41 and specified from time to time in Schedule 2.

The principal reason for constituting statutory health corporations is to enable certain health services and health support services to be provided within the State other than on an area basis.

Note.

Statutory health corporations are intended to replace the system of incorporated hospitals and corporatised boards of directors of associated organisations established under Part 4 and Division 2 of Part 5A of the Public Hospitals Act 1929 respectively.

(cf PH Act ss 27A and 29I)

A statutory health corporation has the following functions—

to conduct public hospitals or health institutions or to provide health services or health support services (or any combination of these),

to conduct such public hospitals and health institutions and provide such health services or health support services as the Minister determines from time to time under section 53,

to achieve and maintain an adequate standard in the conduct of any public hospital or health institution, or the provision of a health service or health support service, under its control,

to ensure the efficient and economic operation of any such public hospital, health institution, health service or health support service,

to carry out such other functions as are conferred or imposed on it by or under this or any other Act or as may be prescribed by the regulations.