Health Act 1997

Health Act 1997

This Act may be cited as the Health Act 1997.

The provisions of this Act commence on a day or days to be proclaimed.

In this Act, unless the contrary intention appears –

admitted patient means an admitted patient as defined in the National Health Data Dictionary;

Commonwealth Act means the Health Insurance Act 1973 of the Commonwealth;

eligible person means an eligible person within the meaning of the Commonwealth Act;

health service establishment means an establishment within the meaning of the Health Service Establishments Act 2006;

hospital services– see section 3A;

Medicare commitments means the commitments set out in Part 2 of Schedule 1;

Medicare principles means the principles set out in Part 1 of Schedule 1;

National Health Data Dictionary means the document published, whether in paper or electronic format, by the Australian Institute of Health and Welfare established under the Australian Institute of Health and Welfare Act 1987 of the Commonwealth, as a reference of standardised accepted terms and protocols for data collection in the health sector, as amended or substituted from time to time;

non-admitted patient means a person in receipt of non-admitted patient services;

non-admitted patient services means non-admitted patient services as defined in the National Health Data Dictionary;

professional association means an association, society, college or other body of health professionals.

In this section – hospital patient means – an admitted patient; or a non-admitted patient.

For the purposes of this Act, hospital services means the provision of any one or more of the following services to a hospital patient:medical services; diagnostic services; nursing services; paramedical services; non-admitted patient services; dental services; accommodation.

The Minister, by notice published in the Gazette, may declare that a specified committee established by the Secretary of the Department, the governing body of a health service establishment or a professional association is an approved quality assurance committee for the purposes of this Act and, by like notice, may revoke the declaration.

The Minister is not to make a declaration under subsection (1) unless satisfied – that the committee is established by the Secretary of the Department, by the governing body of a health service establishment or by a professional association; and that the committee's functions include the assessment and evaluation of the quality of health services provided by the State, a health service establishment or by members of a professional association including the review of the clinical practices or clinical competence of persons providing those services; and that the carrying out of the committee's functions and powers would be facilitated by the provision of immunities afforded by this section in respect of its proceedings; and that it is in the public interest that persons be prohibited from disclosing information given to the committee in the course of the performance of its functions.

A person who is or has been a member of a committee in respect of which a declaration under subsection (1) has been made must not either directly or indirectly – make a record of, or divulge or communicate to any person, any information gained by or conveyed to that person as such a member while the declaration was in force; or make use of any such information – except to the extent necessary for the performance of the functions of that committee or of the person as such a member. Fine not exceeding 50 penalty units.

A person who is or has been a member of a committee in respect of which a declaration under subsection (1) has been made is not required – to produce before any court, tribunal, board, agency or person any document in the person's possession or under the person's control as such a member while the declaration was in force; or to divulge or communicate to any court, tribunal, board, agency or person any matter or thing coming under the person's notice as such a member while the declaration was in force.

Subsections (3) and (4) apply to a person who prepares or has prepared information or documents concerning the proceedings, or for the purposes, of a committee in respect of which a declaration under subsection (1) has been made as if that person is or was a member of the committee.

Evidence of any information or document relating to the proceedings, or prepared for the purposes, of a committee at any time while a declaration under subsection (1) was in force in respect of it is not admissible in any action or proceedings before any court, tribunal, board, agency or person.

If there is an inconsistency between this section and a provision of any other Act or law, this section prevails to the extent of the inconsistency.

Section 62B of the Health Complaints Act 1995 and section 17 of the Ombudsman Act 1978 do not apply to a disclosure or communication of information to which this section refers.

The Minister is to ensure that in providing public hospital services on behalf of the State to eligible persons –

the Medicare principles are given effect to; and the Medicare commitments are undertaken –

in accordance with any requirements under the Federal Financial Relations Act 2009 of the Commonwealth.

If any hospital service is provided to any person by or on behalf of the State, a fee determined in accordance with this section or, if not so determined, prescribed in the regulations is payable by or on behalf of that person.

The Secretary may waive the payment of the whole or part of any fee payable by or on behalf of a person under this section in such circumstances as the Secretary considers appropriate.

The fee payable for hospital services provided to a person whose fees and charges are being funded by a licensed insurer, within the meaning of the Workers Rehabilitation and Compensation Act 1988, is the amount agreed from time to time by the Minister and the relevant licensed insurer for the provision of those services.

The fee payable for hospital services provided to a person whose fees and charges are being funded by the Asbestos Compensation Commissioner appointed under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 is the amount agreed from time to time by the Minister and the Asbestos Compensation Commissioner for the provision of those services.

The fee payable for hospital services provided to a person whose fees and charges are being funded by the Motor Accidents Insurance Board is the amount agreed from time to time by the Minister and the Motor Accidents Insurance Board for the provision of those services.

The fee payable for hospital services provided to a person whose fees and charges are being funded by a registered organisation, within the meaning of the National Health Act 1953 of the Commonwealth, is the amount agreed from time to time by the Minister and the registered organisation for the provision of those services.

The fee payable for hospital services provided to a person whose fees and charges are being funded by a prescribed department is the amount agreed from time to time by the Minister and the Commonwealth Minister for the provision of those services.

In this section – Commonwealth Minister means the Minister responsible from time to time for the administration of the prescribed department; prescribed department means the department or organ of government of the Commonwealth that is responsible for veteran's affairs or defence.

In this section – amending Act means the Health Amendment (Fees Validation) Act 2015; former regulations means the Health (Fees) Regulations 2007 as in force during the validation period; rescinded regulations means the Health (Fees) Regulations 1997 as in force during the validation period; subsequent regulations means the Health (Fees) Regulations 2007 as in force immediately after the amending Act commences; validation day means the day on which the amending Act commences; validation period means the period beginning on 1 April 2007 and ending immediately before the validation day.

This section applies to a fee that was, before the validation day, charged, or purportedly charged, under regulation 5 of the former regulations, in respect of a period within the validation period, if the fee would have been, but for this section, invalidly charged by reason only that the former regulations, rather than the subsequent regulations, were in effect during the validation period.

This section also applies to a fee that was, before the validation day, charged, or purportedly charged, under regulation 6 of the rescinded regulations, in respect of a period within the validation period, if the fee would have been, but for this section, invalidly charged by reason only that the expression "nursing-home-type patient" did not have, in the rescinded regulations, the meaning set out in regulation 3A of the subsequent regulations.

A fee to which this section applies is taken to be, and to always have been, validly charged and, if collected or purportedly collected, validly collected.

Despite subsections (2) and (3), this section does not apply in relation to a fee charged, or purportedly charged, to a person if the fee was collected, or purportedly collected, from the person and then refunded to the person before the validation day.

The amendment of the former regulations by Part 2 of the amending Act does not prevent the subsequent regulations being subsequently amended or rescinded by any regulations made under this Act.

The Minister may delegate any of his or her functions or powers under this Act (other than this power of delegation).

The Governor may make regulations for the purposes of this Act.

The regulations may – be of general or limited application; and differ according to differences in place or circumstance; and authorise any matter or thing to be determined, applied or regulated by the Secretary of the Department.

The regulations may adopt, either wholly or in part and with or without modification and either specifically or by reference, any standard, rule, code, specification or method published or issued before or after the commencement of this Act.

A reference in subsection (3) to a standard, rule, code, specification or method includes a reference to an amendment of the standard, rule, code, specification or method, whether the amendment is published or issued before or after the commencement of this Act.

In subsection (4),amendment includes – the omission of matter; and the insertion of additional matter; and the omission of matter and the substitution of other matter.

The regulations may – prescribe different rates of fees in respect of different hospitals, facilities or services maintained, operated or provided by or on behalf of the State or in relation to different classes of persons or different services; and prescribe the circumstances in which, or the persons by whom, a fee is not payable for any facility or service provided by or on behalf of the State.

The regulations may – provide that it is an offence, punishable on summary conviction, for a person to contravene or fail to comply with any of the regulations; and provide, in respect of any such offence, for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

A provision referred to in subsection (8) may, if the regulations so provide, take effect from the commencement of this Act or a later date.

The Health Regional Boards Act 1991 and the Health (Regional Boards) Amendment (Medicare Agreement) Act 1994 are repealed.