1Short title
This is the Health Services Act 2016.
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Bill homepageThis is the Health Services Act 2016.
This Act comes into operation as follows —
sections 1 and 2 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.
The objects of this Act are as follows —
to promote and protect the health status of Western Australians;
to identify and respond to opportunities to reduce inequities in health status in the Western Australian community;
to provide access to safe, high quality, evidence‑based health services;
to promote a patient‑centred continuum of care, including patient engagement, in the provision of health services;
to coordinate the provision of an integrated system of health services and health policies in the WA health system;
to promote effectiveness, efficiency and innovation in the provision of health services and teaching, training, research and other services within the available financial and other resources;
to engage and support the health workforce in the planning and provision of health services and teaching, training, research and other services.
The provision of health services through the public hospital system of the State is based on the Medicare principles set out in the National Health Agreement.
In this Act, unless the contrary intention appears —
accountable authority, of a health service provider, means the accountable authority of the health service provider under the Financial Management Act 2006 section 55;
administrator means an administrator appointed under section 99;
assets —
means any legal or equitable estates or interests (whether present or future, whether vested or contingent and whether personal or assignable) in property; and
includes money, securities, choses in action and documents;
board means a board constituted under section 71;
board governed provider means a health service provider specified under section 32(1)(d) to be a board governed provider;
breach of discipline means a breach of discipline referred to in section 161;
chief executive, in relation to a health service provider, means the person appointed as chief executive of the health service provider under section 108(1);
chief executive governed provider means a health service provider specified under section 32(1)(d) to be a chief executive governed provider;
clinical commissioning, of a facility, means doing anything necessary or desirable to prepare the facility to provide public health services;
Commission CEO has the meaning given in section 43;
committee means a committee appointed under section 92(1);
contracted health entity means a non‑government entity that provides health services to the State under a contract or other agreement entered into with —
a health service provider; or
the Department CEO, the Minister or the Premier on behalf of the State;
Department means the department of the Public Service principally assisting the Minister in the administration of this Act;
Department CEO means the chief executive officer of the Department;
Department CEO direction means a direction issued by the Department CEO under section 28;
disciplinary action, in relation to a breach of discipline by an employee, means any one or more of the following —
a reprimand;
the imposition of a fine not exceeding an amount equal to the amount of remuneration received by the employee in respect of the last 5 days during which the employee was at work as an employee before the day on which the finding of the breach of discipline was made;
transferring the employee to another health service provider with the consent of the employing authority of that health service provider;
if the employee is not a chief executive, transferring the employee to another office in the health service provider in which the employee is employed;
reduction in the monetary remuneration of the employee;
reduction in the level of classification of the employee;
alteration of the employee’s scope of practice or duties, or both;
dismissal;
employee means a person employed in a health service provider and includes —
the chief executive of the health service provider;
a health executive employed in the health service provider;
a person employed in the health service provider under section 140;
a person seconded to the health service provider under section 136 or 142;
employing authority has the meaning given in section 103;
financial difficulty, for a health service provider, means the health service provider is unable to, or will be unlikely to be able to, satisfy any of its financial obligations from the financial resources available, or likely to be available, to it when the financial obligation is due;
former Act means the Hospitals and Health Services Act 1927 as in operation immediately before 1 July 2016;
former hospital service includes accommodation, maintenance, care, and all other services rendered, goods supplied or work done at, by or on behalf of a former public hospital under the former Act;
former public hospital means any hospital that was —
conducted or managed by —
a board constituted under the former Act; or
the Minister under the former Act;
or
declared to be a public hospital under section 3 of the former Act;
health executive means a person holding an office referred to in section 105(1)(b) but does not include a chief executive;
Health Executive Service means the Health Executive Service mentioned in section 105;
Health Practitioner Regulation National Law means the Health Practitioner Regulation National Law that applies in this or any other participating jurisdiction as defined in the Health Practitioner Regulation National Law (Western Australia) section 5;
health professional means a person who is —
a health practitioner registered under the Health Practitioner Regulation National Law (Western Australia); or
in a class of persons prescribed for the purposes of this definition;
health property means —
a health reserve; or
property vested in, or held by, the Minister or Ministerial body;
health reserve means Crown land that is a reserve under the Land Administration Act 1997 section 41 in respect of which the Minister or Ministerial body is the management body for the land under section 46(1) of that Act;
health service has the meaning given in section 7;
health service area means a health service area declared under section 32(1)(a);
health service provider means a health service provider established by an order made under section 32(1)(b);
hospital has the meaning given in section 8;
improvement action, in relation to an employee, means any one or more of the following actions by the employing authority of the employee for the purpose of improving the performance or conduct of the employee —
counselling;
training and development;
issuing a warning to the employee that certain conduct is unacceptable or that the employee’s performance is not satisfactory;
any other action of a similar nature;
industrial instrument means an award, industrial agreement or order made under the Industrial Relations Act 1979, including a General Order made under section 50 of that Act, whether made before, on or after the commencement of the Health Services Amendment Act 2023 section 4;
joint arrangement means an arrangement —
entered into by the Minister or Ministerial Body with a health service provider for the purposes of the functions of the health service provider; and
involving —
the use of health property; or
controlling and managing the use of health property; or
sharing the use of health property for the purposes of the arrangement;
liabilities means any liabilities, duties or obligations, whether actual, contingent or prospective, liquidated or unliquidated or whether owed alone or jointly or jointly and severally with any other persons;
management body means a management body as defined in the Land Administration Act 1997 section 3(1);
management order means a management order as defined in the Land Administration Act 1997 section 3(1);
member, of a board, means a person appointed under section 71(1);
Ministerial Body means the Health Ministerial Body established by section 10;
National Health Agreement means —
the National Health Reform Agreement between the Commonwealth and the States that was agreed to by the Council of Australian Governments on 2 August 2011, as amended from time to time; or
any agreement that replaces or supersedes that agreement;
patient means a person who has been, is being, or will or may be provided with health treatment or care;
personal information has the meaning given in the Freedom of Information Act 1992 in the Glossary clause 1;
policy framework means a policy framework issued under section 26;
prescribed means prescribed by regulations made under this Act;
property means property of every kind, whether real or personal, tangible or intangible, corporeal or incorporeal, and any interest in property;
provide includes supply or carry out;
PSM Act means the Public Sector Management Act 1994;
public authority means any of these persons or bodies —
a department of the Public Service;
a State agency or instrumentality;
a local government, regional local government or regional subsidiary;
a body (whether corporate or unincorporate), or the holder of an office, post or position, established or continued for a public purpose under a written law;
a person or body, or a person or body within a class of persons or bodies, prescribed for the purposes of this paragraph;
public health service has the meaning given in section 7(3);
public health service facility means a facility at which public health services are provided;
public hospital has the meaning given in section 8(6);
relevant lands official means —
the Minister for Lands; or
the Registrar of Titles; or
the Registrar of Deeds and Transfers; or
any other person authorised by a written law to record and give effect to the registration of documents relating to transaction affecting any estate or interest in land;
rights means any rights, powers, privileges or immunities, whether actual, contingent or prospective;
section 194 transfer order has the meaning given in section 194(2);
service agreement has the meaning given in section 43;
staff member, of a health service provider, means —
an employee in the health service provider;
a person engaged under a contract for services by the health service provider;
State tax includes —
duty chargeable under the Duties Act 2008; and
any other tax, duty, fee, levy or charge under a law of the State;
successor health service provider, for a former public hospital, has the meaning given in section 7A(1);
WA health system has the meaning given in section 19(1);
WA health system‑wide plan means a plan developed by the Department CEO for the purposes of the WA health system.
[Section 6 amended: No. 26 of 2016 s. 60; No. 1 of 2023 s. 4.]
A health service is a service for maintaining, improving, restoring or managing people’s physical and mental health and wellbeing.
Without limiting subsection (1), a health service includes —
a service mentioned in subsection (1) that is provided to a person at a hospital or any other place;
a service dealing with public health, including a programme or activity for —
the prevention and control of disease or sickness; or
the prevention of injury; or
the protection and promotion of health;
a support service for a service mentioned in subsection (1);
the provision of goods for a service mentioned in subsection (1).
A public health service is a health service provided by —
a health service provider; or
the Department CEO; or
a contracted health entity under a contract or other agreement entered into with —
a health service provider; or
the Department CEO, the Minister or the Premier on behalf of the State.
A public health service —
includes a health service declared under a regulation to be a public health service; and
does not include a health service declared under a regulation not to be a public health service.
[Section 7 amended: No. 1 of 2023 s. 5.]
The successor health service provider for a former public hospital is a health service provider that is declared by the Minister by order published in the Gazette to be —
the successor health service provider for the former public hospital; or
a successor health service provider for the former public hospital in relation to a matter stated in the order.
The Minister may, by order published in the Gazette, revoke or amend an order made under subsection (1).
[Section 7A inserted: No. 1 of 2023 s. 6.]
In this section —
day hospital facility means premises —
that are not attached to, or are set apart from, premises mentioned in subsection (4)(a); and
at which —
persons are provided with a health service determined by the Minister under subsection (2); or
persons will be provided with a health service determined by the Minister under subsection (2);
and
at which overnight accommodation is not provided;
nursing post means a place —
at which —
a nurse is stationed and at which facilities exist for medical attention; or
a nurse will be stationed and at which facilities will exist for medical attention;
but
which is not normally used for overnight accommodation of patients.
The Minister may by written notice determine any health service for the purposes of the definition of day hospital facility in subsection (1).
A determination under subsection (2) may be made —
generally; or
in relation to specified health services or health services in a specified class; or
by reference to a declaration or determination made under any law of the State or the Commonwealth.
Each of the following premises is a hospital for the purposes of this Act —
premises where —
medical, surgical or dental treatment, or nursing care, is provided for ill or injured persons and at which overnight accommodation may be provided; or
medical, surgical or dental treatment, or nursing care, will be provided for ill or injured persons and at which overnight accommodation will be provided;
a day hospital facility;
a nursing post.
In subsection (4) an ill person includes a person who has a mental illness (as defined in the Mental Health Act 2014 section 4) but this section does not affect any requirements under that Act that a person be detained at an authorised hospital (as defined in section 4 of that Act) or at another place.
Subject to any order made under subsection (8), each of the following premises is a public hospital for the purposes of this Act —
a hospital controlled or managed by a health service provider or the Department CEO; or
a hospital declared to be a public hospital under subsection (7).
The Minister may by order published in the Gazette declare any hospital to be a public hospital for the purposes of this Act.
The Minister may by order published in the Gazette declare that any hospital is not a public hospital for the purposes of this Act or the Private Hospitals and Health Services Act 1927.
[Section 8 amended: No. 1 of 2023 s. 7.]
Where a public hospital or part of a public hospital is an authorised hospital under the Mental Health Act 2014, this Act has effect in relation to the hospital or part of the hospital, and persons received or admitted into it, subject to the provisions of that Act.
The Health Ministerial Body is established.
The Ministerial Body is a body corporate with perpetual succession.
Proceedings may be taken by or against the Ministerial Body in its corporate name.
The Ministerial Body must be governed by the Minister.
The Ministerial Body has the status, immunities and privileges of the Crown.
The Ministerial Body is established to provide a body corporate through which the Minister, or a person to whom a function of the Minister is delegated under section 15(1), can perform any of the Minister’s functions under this Act that can more conveniently be performed by a body corporate than an individual.
Any acts or things done through the Ministerial Body as described in subsection (1) must be regarded as —
services under the control of the Department for the purposes of the Financial Management Act 2006 section 52; and
operations of the Department for the purposes of Part 5 of that Act.
Despite the employment under the PSM Act of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the Ministerial Body, the Ministerial Body and those officers are not an organisation for the purposes of that Act.
[Section 11 amended: No. 1 of 2023 s. 8.]
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