Health Services Act 2016

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 —

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 —

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 —

employee means a person employed in a health service provider and includes —

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 —

or

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 —

health property means —

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 —

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 —

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 —

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 —

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 —

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 —

State tax includes —

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.]