Queensland: Hospital and Health Boards Act 2011 (Qld)

Hospital and Health Boards Act 2011 An Act to provide for the delivery of public sector health services and other health services in Queensland Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Hospital and Health Boards Act 2011. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States. 4 Principles and objectives of national health system This Act recognises and gives effect to the principles and objectives of the national health system agreed by Commonwealth, State and Territory governments, namely— (a) the following Medicare principles— (i) eligible persons are to be given the choice to receive, free of charge as public patients, health and emergency services of a kind or kinds that are currently, or were historically, provided by hospitals; (ii) access to these services by public patients free of charge is to be on the basis of clinical need and within a clinically appropriate period; (iii) arrangements are to be in place to ensure equitable access to the services for all eligible persons, regardless of their geographic location; and (b) the health system principles—Australia's health system should— (i) be shaped around the health needs of individual patients, their families and communities; and (ii) focus on the prevention of disease and injury and the maintenance of health and not simply on the treatment of illness; and (iii) support an integrated approach to the promotion of healthy lifestyles, prevention of illness and injury, and diagnosis and treatment of illness across the continuum of care; and (iv) provide all Australians with timely access to quality health services based on their needs, not ability to pay, regardless of where they live in the country; and (c) the following long-term objectives for Australia's health system— (i) prevention—Australians are born and remain healthy; (ii) primary and community health—Australians receive appropriate high quality and affordable primary and community health services; (iii) hospital and related care—Australians receive appropriate high quality and affordable hospital and hospital-related care; (iv) aged care—older Australians receive appropriate high quality and affordable health and aged care services; (v) patient experience—Australians have positive health and aged care experiences which take account of individual circumstances and care needs; (vi) social inclusion and Aboriginal and Torres Strait Islander health—Australia's health system promotes social inclusion and reduces disadvantage, especially for Aboriginal people and Torres Strait Islander people; (vii) sustainability—Australians have a sustainable health system. Division 2 Object of Act 5 Object (1) The object of this Act is to establish a public sector health system that delivers high quality hospital and other health services to persons in Queensland having regard to the principles and objectives of the national health system. (2) The object is mainly achieved by— (a) strengthening local decision-making and accountability, local consumer and community engagement, and local clinician engagement; and (b) providing for Statewide health system management including health system planning, coordination and standard setting; and (c) balancing the benefits of the local and system-wide approaches. Division 3 Overview of Act 6 Purpose of div 3 This division gives an overview of this Act. 7 Role 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. (5) This Act requires each Hospital and Health Service to have regard to particular matters in performing its functions. 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; (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. 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. 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 is a commitment to ensuring quality and safety in the delivery of public sector health services; (c) there is a commitment to achieving health equity for Aboriginal people and Torres Strait Islander people; (d) there is a commitment to the delivery of responsive, capable and culturally competent health care to Aboriginal people and Torres Strait Islander people; (e) 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; (f) there should be responsiveness to the needs of users of public sector health services about the delivery of public sector health services; (g) information about the delivery of public sector health services should be provided to the community in an open and transparent way; (h) there is 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; (i) there should be openness to complaints from users of public sector health services and a focus on dealing with the complaints quickly and transparently; (j) there should be engagement with clinicians, consumers, community members and local primary healthcare organisations in planning, developing and delivering public sector health services; (k) opportunities for research and development relevant to the delivery of public sector health services should be promoted; (l) 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. 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. Part 2 Hospital and Health Services Division 1 Establishment, functions and powers of Services 17 Establishment of Services A regulation may— (a) declare any 1 or more of the following to be a health service area for a Hospital and Health Service— (i) a part of the State; (ii) a public sector hospital; (iii) a public sector health service facility; (iv) a public sector health service; and (b) establish a Hospital and Health Service (a Service) for the health service area; and (c) assign a name to the Service. 18 Legal status (1) A Service— (a) is a body corporate; and (b) has a seal; and (c) may sue and be sued in its corporate name. (2) A Service represents the State. (3) Without limiting subsection (2), a Service has all the privileges and immunities of the State. 19 Functions of Services (1) A Service's main function is to deliver the hospital services, other health services, teaching, research and other services stated in the service agreement for the Service. (2) A Service also has the following functions— (a) to ensure the operations of the Service are carried out efficiently, effectively and economically; (b) to enter into a service agreement with the chief executive; (c) to comply with the health service directives and health employment directives that apply to the Service; (d) to contribute to, and implement, Statewide service plans that apply to the Service and undertake further service planning that aligns with the Statewide plans; (e) to monitor and improve the quality of health services delivered by the Service, including, for example, by implementing national clinical standards for the Service; (f) to develop local clinical governance arrangements for the Service; (g) to undertake minor capital works, and major capital works approved by the chief executive, in the health service area; (h) to maintain land, buildings and other assets owned by the Service; (i) for a prescribed Service, to employ staff under this Act; (j) to collaborate with the Queensland Ambulance Service to manage the interaction between the services provided by the Queensland Ambulance Service and health services provided by the Hospital and Health Service; (k) to cooperate with other providers of health services, including other Services, the department and providers of primary healthcare, in planning for, and delivering, health services; (l) to cooperate with local primary healthcare organisations; (m) to arrange for the provision of health services to public patients in private health facilities; (n) to manage the performance of the Service against the performance measures stated in the service agreement; (o) to provide performance data and other data to the chief executive; (p) to consult with health professionals working in the Service, health consumers and members of the community about the provision of health services; (q) other functions approved by the Minister; (r) other functions necessary or incidental to the above functions. (3) In performing its functions, a Service must have regard to— (a) the need to ensure resources of the public sector health system are used effectively and efficiently; and (b) the best interests of patients and other users of public sector health services throughout the State; and (c) the need to promote a culture and implement measures to support the health, safety and wellbeing of staff of public sector health service facilities. 20 Powers of Services (1) A Service has the powers of an individual and may, for example— (a) enter into contracts and agreements; and (b) subject to subsection (2), acquire, hold, deal with or dispose of property; and (c) engage consultants or contractors; and (d) appoint agents and attorneys; and (e) charge for the services it provides; and (f) do anything else necessary or convenient to be done in performing its functions. (2) A Service may not own assets prescribed by regulation. (3) A Service may employ health executives and senior health service employees. (4) A Service prescribed by regulation may also employ other health service employees under this Act. (5) A regulation under subsection (4) may also restrict, limit or impose conditions on the power to employ health service employees. (6) To remove any doubt, it is declared that a regulation made under subsection (4) may be amended or repealed to revoke the prescription of a Service under that subsection. Note— See also section 282(7) and (8). 20A Limitation on Service's dealing with land or buildings (1) A Service must not buy or sell land or buildings without the prior written approval of the Minister and the Treasurer. (2) A Service must not, without the prior written approval of the Minister and the Treasurer, grant or take a lease of land or buildings unless the lease is a type prescribed by regulation. 21 Application of other Acts (1) A Service is— (a) a statutory body under the Financial Accountability Act 2009; and (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982; and (c) a unit of public administration under the Crime and Corruption Act 2001. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which a Service's powers under this Act are affected by that Act. Division 2 Hospital and Health Boards for Services Subdivision 1 Role of Hospital and Health Boards 22 Role of exercising control over Service (1) A Hospital and Health Board controls the Service for which it is established. (2) In controlling the Service for which it is established, a board must have regard to— (a) the need to ensure resources of the public sector health system are used effectively and efficiently; and (b) the best interests of patients and other users of public sector health services throughout the State; and (c) the need to promote a culture and implement measures to support the health, safety and wellbeing of staff of public sector health service facilities. Subdivision 2 Membership 23 Membership of boards (1) A board consists of 5 or more members appointed by the Governor in Council, by gazette notice, on the recommendation of the Minister. (2) The Minister is to recommend persons the Minister considers have the skills, knowledge and experience required for a Service to perform its functions effectively and efficiently, including— (a) persons with expertise in health management, business management, financial management and human resource management; and (b) persons with clinical expertise; and (c) persons with legal expertise; and (d) persons with skills, knowledge and experience in primary healthcare; and (e) persons with knowledge of health consumer and community issues relevant to the operations of the Service; and (f) persons with skills, knowledge and experience in Aboriginal and Torres Strait Islander health and community issues relevant to the operation of the Service; and (g) where relevant, persons from universities, clinical schools or research centres with expertise relevant to the operations of the Service; and (h) persons with other areas of expertise the Minister considers relevant to a Service performing its functions. (3) One or more of the members of a board must be clinicians. (4) One or more of the members of a board must be Aboriginal persons or Torres Strait Islander persons. (5) In this section— clinician means a person who— (a) is a health professional registered under the Health Practitioner Regulation National Law, other than as a student; and (b) is currently directly or indirectly providing care or treatment to persons; and (c) is in a profession that provides care or treatment to persons in public sector health services. 24 Minister to advertise for members of boards (1) Before recommending persons for membership of a board, the Minister must— (a) advertise for expressions of interest from suitably qualified persons interested in being members of a board; and (b) consider the expressions of interest received. (2) Subsection (1) does not apply to a vacancy that arises in the membership of a board under section 27. (3) In this section— suitably qualified means having the skills, knowledge and experience mentioned in section 23. 24A Temporary members of board (1) This section applies if the Minister reasonably believes it is necessary to urgently appoint a person as a member of a board because— (a) the board does not consist of at least 5 members; or (b) the Minister considers the members of the board do not have the skills, knowledge or experience to perform the board's functions effectively and efficiently; or (c) none of the members of the board are clinicians; or (d) none of the members of the board are Aboriginal persons or Torres Strait Islander persons. (2) Despite section 23(1), the Minister may— (a) appoint a person as a member of the board for a period of not more than 6 months; and (b) reappoint the person as a member of the board once for a period of not more than 6 months. (3) Subsection (2) applies despite the Acts Interpretation Act 1954, section 25(1)(c). (4) The Minister may appoint a person as a member of the board only if the Minister considers the person has the skills, knowledge and experience mentioned in section 23(2). (5) As soon as practicable after making the appointment, the Minister must publish notice of the appointment in the gazette. (6) In this section— clinician see section 23(5). 25 Chair and deputy chair (1) The Governor in Council may, on the recommendation of the Minister, appoint— (a) a member of a board to be chair of the board; and (b) another member to be deputy chair of the board. (2) A member may be appointed as the chair or deputy chair at the same time as the person is appointed as a member and by the same gazette notice. (3) Subject to this subdivision, the chair or deputy chair holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as chair or deputy chair. (4) A vacancy arises in the office of chair or deputy chair if the person holding the office— (a) resigns office by signed notice of resignation given to the Minister; or (b) ceases to be a member. (5) A person resigning the office of chair or deputy chair may continue to be a member. (6) The deputy chair is to act as chair— (a) during a vacancy in the office of the chair; and (b) during all periods when the chair is absent from duty or for another reason can not perform the duties of the office. 26 Conditions of appointment (1) A member of a board holds office for the term, of not more than 4 years, stated in the member's instrument of appointment. Note— See also section 24A(2) for a member of a board appointed under that section. (2) A member is entitled to the fees and allowances fixed by the Governor in Council, and otherwise holds office under the conditions of appointment fixed by— (a) for a member appointed under section 23—the Governor in Council; or (b) for a member appointed under section 24A—the Minister. 27 Vacation of office of board member The office of a member of a board becomes vacant if the member— (a) resigns office by signed notice of resignation given to the Minister; or (b) is removed from office as a member under section 28. 27A Suspension from office of Hospital and Health Board members (1) This section applies if— (a) a matter has arisen in relation to a member of a board; and (b) the matter— (i) is one which is, or may be, grounds for removing a member from office under section 28; or (ii) is alleged misconduct by the member; and (c) the Minister considers that it is necessary in the public interest for the member to be suspended from office pending further consideration of the matter. (2) The Minister may suspend the member from office for a period not exceeding 60 days by notice in writing to the member. (3) If the Minister considers it is necessary in the circumstances, the Minister may extend the suspension from time to time by periods not exceeding 60 days, by notice in writing to the member. (4) The Minister must advise the member by notice in writing if the Minister ends the member's suspension. 28 Removal from office of board members The Governor in Council may remove a member from office if— (a) the member is or becomes an insolvent under administration; or (b) the member is disqualified from managing corporations under the Corporations Act, part 2D.6; or (c) the member has been, or is, convicted of an indictable offence; or (d) the member has been, or is, convicted of an offence against this Act; or (e) the Minister recommends the removal because the Minister is satisfied the member— (i) has been guilty of misconduct; or (ii) is incapable of performing the member's duties; or (iii) has neglected the member's duties or performed the member's duties incompetently; or (iv) has been absent without permission of the board from 3 consecutive meetings of which due notice was given. 29 Defects in appointment of members A decision of a board is not invalidated by— (a) a defect or irregularity in the appointment of a member of a board, including in the appointment of the chair or deputy chair; or (b) a vacancy in the membership of a board. Subdivision 3 Delegation by Hospital and Health Boards 30 Delegation by boards (1) The board for a Hospital and Health Service may delegate any of the Service's functions under this Act or the Financial Accountability Act 2009— (a) to a committee of the board if all of the members of the committee are board members; or (b) to the executive committee established by the board; or (c) to the health service chief executive. (2) The health service chief executive, with the written approval of the board, may subdelegate a function mentioned in subsection (1) to an appropriately qualified— (a) employee of the Hospital and Health Service; or (b) health service employee employed in the department and working for the Service. (3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. Example of standing— the person's classification level or how senior the person is in the Hospital and Health Service Subdivision 4 Conduct of business 31 Members to act in public interest A member of a board is to act impartially and in the public interest in performing the member's duties. 32 Conduct of business by boards A board is to conduct its business in the way stated in schedule 1. Division 2A Executive committees 32A Hospital and Health Board must establish executive committee for Hospital and Health Service A board must establish, as a committee of the board, an executive committee for the Service controlled by the board. 32B Function of executive committee (1) The function of the executive committee is to support the board in its role of controlling the Service for which it is established by— (a) working with the health service chief executive to progress strategic issues identified by the board; and (b) strengthening the relationship between the board and the health service chief executive to ensure accountability in the delivery of services by the Service. (2) Without limiting subsection (1), an executive committee may, at the direction of the board— (a) oversee the performance of the Service against the performance measures stated in the service agreement; and (b) support the board in the development of engagement strategies and protocols with primary healthcare organisations, monitor their implementation, and address issues that arise in their implementation; and (c) support the board in the development of service plans and other plans for the Service and monitor their implementation; and (d) work with the health service chief executive in responding to critical emergent issues in the Service; and (e) perform other functions given to the executive committee by the board. (3) A regulation may prescribe other matters relating to an executive committee's functions. 32C Membership of executive committee (1) An executive committee consists of the following— (a) the chair or deputy chair of the board who is to be chair of the committee; (b) at least 2 other board members, decided by the board, at least one of whom is a clinician. (2) In this section— clinician means a person who— (a) is a health professional registered under the Health Practitioner Regulation National Law, other than as a student; and (b) is currently directly or indirectly providing care or treatment to persons; and (c) is in a profession that provides care or treatment to persons in public sector health services. 32D Conduct of business by executive committee (1) The health service chief executive of a Service is to attend all meetings of the Service's executive committee, unless excused by the chair of the committee. (2) A quorum for a meeting of an executive committee is one-half of the number of its members, or if one-half is not a whole number, the next highest whole number. (3) An executive committee must keep a record of the decisions it makes when exercising a power delegated to it by the board that established the committee. (4) An executive committee is to otherwise conduct its business, including its meetings, in the way the board that established the committee considers appropriate. Division 3 Health service chief executives 33 Appointment of health service chief executives (1) A Hospital and Health Service's board must appoint a health service chief executive to manage the Service. (2) The appointment is not effective until it is approved by the Minister. (3) The person appointed as health service chief executive must also be appointed as a health executive. (4) In managing the Service, the health service chief executive is subject to direction by the Service's board. 34 Delegation by health service chief executive (1) A health service chief executive may delegate the health service chief executive's functions under this Act or another Act to an appropriately qualified— (a) employee of the Hospital and Health Service; or (b) health service employee employed in the department and working for the Service. (2) However, the health service chief executive must not delegate the authorisation to disclose confidential information in the public interest under section 160. (3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. Example of standing— the person's classification level or how senior the person is in the Service Division 4 Service agreements, engagement strategies and protocols 35 Chief executive and Service must enter into service agreements (1) The chief executive and a Service must enter into a service agreement for the Service. (2) The chair of the Service's board must sign the agreement on behalf of the Service. (3) A service agreement is binding on the chief executive and the Service. 36 Term of service agreement A service agreement must be for a term of not longer than 3 years. 37 Negotiations for service agreement (1) For the first service agreement, the chief executive and the Service must enter into negotiations immediately after the commencement of this section. (2) For a new service agreement, the chief executive and the Service must enter into negotiations at least 6 months before the expiry of the existing service agreement. 38 Minister may decide on terms of service agreement (1) This section applies if the chief executive and the Service can not agree on some or all of the terms of a service agreement— (a) for the first agreement after the commencement of this section—by a date prescribed by regulation; or (b) for a service agreement that is to replace an existing service agreement on its expiry—at least 1 month before the expiry of the existing agreement. (2) The chief executive and the Service are to immediately advise the Minister— (a) that they can not agree; and (b) of the terms of the agreement on which they can not agree. (3) The Minister must decide the terms and advise the chief executive and the Service of the terms. (4) The chief executive and the Service must include the terms decided by the Minister in the agreement. 39 Procedure to amend service agreement (1) If the chief executive or the Service wants to amend the terms of a service agreement, the party that wants to amend the agreement must give written notice of the proposed amendment to the other party. (2) If the chief executive and the Service can not agree on the terms of the amendment, the party wanting the amendment must immediately advise the Minister— (a) that they can not agree; and (b) of the terms on which they can not agree. (3) The Minister must decide the terms and advise the chief executive and the Service of the terms. (4) For subsection (3), the Minister may decide that the amendment should not be made. (5) The chief executive and the Service must include any terms decided by the Minister in the agreement. 39A Chief executive to make service agreements available (1) This section applies to a service agreement between the chief executive and a Service, including an amendment of the agreement. (2) The chief executive must, within 28 days of entering into the service agreement or amendment— (a) give the administrator of the National Health Funding Pool a copy of the service agreement or amendment; and (b) publish the service agreement or amendment in a way that allows the agreement to be accessed by members of the public, including, for example, on the internet. 40 Engagement strategies (1) A Service must develop and publish the following strategies— (a) a strategy (a clinician engagement strategy) to promote consultation with health professionals working in the Service; and (b) a strategy (a consumer and community engagement strategy) to promote consultation with health consumers and members of the community about the provision of health services by the Service; and (c) a strategy (a health equity strategy) to achieve, and to specify the Service's activities to achieve, health equity for Aboriginal people and Torres Strait Islander people in the provision of health services by the Service. (2) The Service must consult with the following persons in developing the strategies— (a) for the clinician engagement strategy—health professionals working in the Service; (b) for the consumer and community engagement strategy—health consumers and members of the community; (c) for the health equity strategy—the persons prescribed by regulation. (3) Each of the strategies must— (a) satisfy any requirements prescribed by regulation for that strategy; and (b) be published in a way that allows the strategy to be accessed by members of the public, including, for example, on the internet. (4) The Service must give effect to the strategies in performing its functions under this Act. (5) In giving effect to the health equity strategy, the Service must consult with the persons prescribed, and in the way prescribed, by regulation. 41 Review of strategies (1) A Service must complete a review of each strategy mentioned in section 40 within 3 years after it is made and afterwards within 3 years after the previous review. (2) The Service must consult with the following persons in reviewing a strategy— (a) for the clinician engagement strategy—health professionals working in the Service; (b) for the consumer and community engagement strategy—health consumers and members of the community; (c) for the health equity strategy—the persons prescribed under section 40(2)(c). (3) If a strategy is amended as a result of the review, the Service must publish the amended strategy in a way that allows it to be accessed by members of the public, including, for example, on the internet. 42 Protocol with primary healthcare organisations (1) A Service must use its best endeavours to agree on a protocol with local primary healthcare organisations to promote cooperation between the Service and the organisations in the planning and delivery of health services. (2) A protocol must— (a) satisfy any requirements prescribed by regulation for the protocol; and (b) be published in a way that allows the protocol to be accessed by members of the public, including, for example, on the internet. (3) The Service must give effect to the protocol in performing its functions under this Act. 43 Review of protocol (1) A Service must use its best endeavours to complete a review of a protocol within 3 years after it is made and afterwards within 3 years after the previous review. (2) The review must be conducted with the local primary healthcare organisations. (3) If a protocol is amended as a result of the review, the Service must publish the amended protocol in a way that allows it to be accessed by members of the public, including, for example, on the internet. Division 4A Hospital and Health Ancillary Boards 43A Minister may establish ancillary board (1) The Minister may establish a Hospital and Health Ancillary Board (an ancillary board) to give advice to a Hospital and Health Board in relation to— (a) a public sector hospital; or (b) a public sector health facility; or (c) a public sector health service; or (d) a part of the State. (2) Before establishing an ancillary board the Minister may consult with— (a) the relevant Hospital and Health Board; and (b) the community who receive health services from, or in, the public sector hospital, public sector health facility, public sector health service or part of the State for which the ancillary board may be established. (3) The Minister must assign a name to the ancillary board. (4) A regulation may prescribe matters relating to the establishment and operation of an ancillary board. (5) Without limiting subsection (4), a regulation may provide for the following— (a) the way in which an ancillary board is to exercise its function of providing advice to a board; (b) the way consultation is to occur between— (i) an ancillary board and the board to which it is to provide advice; or (ii) an ancillary board and the Service controlled by the board; (c) the appointment and removal of members of an ancillary board. Division 5 Directions to Hospital and Health Services and appointment of advisers to Hospital and Health Boards 44 Minister may give directions to Service (1) The Minister may give a Service a written direction about a matter relevant to the performance of its functions under this Act, if the Minister is satisfied it is necessary to do so in the public interest. (2) Without limiting subsection (1), the Minister may direct a Service to give the Minister stated reports and information. (3) However, the Minister may not give a direction about— (a) the health services provided, or to be provided, to a particular person; or (b) the employment of a particular person. (4) The Minister must give a copy of a direction to the chief executive who must, as soon as practicable, publish it in a way that allows it to be accessed by members of the public, including, for example, on the internet. (5) A Service must comply with a direction given by the Minister. (6) A Service's annual report under the Financial Accountability Act 2009 for a financial year must include a statement about— (a) each direction given by the Minister to the Service during the financial year; and (b) action taken by the Service as a result of the direction. 44A Minister may appoint advisers to boards (1) The Minister may appoint a person to be an adviser to a board if the Minister considers that the adviser may assist the board to improve the performance of— (a) the board; or (b) the Service controlled by the board. (2) An appointment under this section must be— (a) in writing; and (b) for the term not exceeding 1 year decided by the Minister; and (c) on the terms and conditions, including remuneration, decided by the Minister. (3) The Minister must not appoint more than 2 persons to be advisers to a board at the same time. (4) An appointment under this section is effective whether or not the board agrees to the appointment. (5) An adviser may resign by notice in writing to the Minister. 44B Matters to which Minister may have regard in deciding whether to appoint adviser In deciding whether to appoint an adviser to a board, the Minister may have regard to the performance of the board or the Service controlled by the board in relation to the following— (a) the safety and quality of the health services being provided by the Service; (b) the way in which the Service is complying with the service agreement for the Service; (c) the financial management of the Service. 44C Functions of advisers The functions of an adviser are— (a) to attend board meetings; and (b) to provide information and advice to the board to assist it in performing its functions under this Act; and (c) to advise the Minister and the chief executive on any matter relating to the performance of the board or the Service controlled by the board. 44D Adviser not a member of board but has duty of disclosure An adviser is not a member of the board, but schedule 1, section 9 applies to an adviser as if the adviser were a member of the board. 44E Obligations of board in relation to adviser (1) While an adviser's appointment is in force, the board must provide the adviser with all notices of board meetings, and all documents and other information provided to board members. (2) The board must permit the adviser— (a) to attend all meetings of the board; and (b) to provide information and advice to the board during meetings. Part 3 Functions of chief executive, chief health officer and deputy chief health officers Division 1 Chief executive 44F Chief executive subject to direction of the Minister (1) The chief executive is subject to the directions of the Minister in managing the department. (2) However, in making decisions about particular individuals, the chief executive— (a) must act independently, impartially and fairly; and (b) is not subject to the direction of the Minister. 45 Functions of chief executive The chief executive has the following functions— (a) to provide strategic leadership and direction for the delivery of public sector health services in the State; (b) to promote the effective and efficient use of available resources in the delivery of public sector health services in the State; (c) to develop Statewide health service plans, workforce plans and capital works plans; (d) to manage major capital works for proposed public sector health service facilities; (e) to employ staff in the department, including to work for Services other than prescribed Services; (f) to manage Statewide industrial relations, including the negotiation of certified agreements, and making applications to make or vary awards; (g) to establish the conditions of employment for health service employees, including issuing health employment directives; (h) to deliver specialised health services; (i) to arrange for the provision of health services to public patients in private health facilities; (j) to develop and issue health service directives to apply to the Services; (k) to enter into service agreements with the Services; (l) to provide support services to Services; (m) to monitor and promote improvements in the quality of health services delivered by Services; (n) to monitor the performance of Services, and take remedial action when performance does not meet the expected standard; (o) to receive and validate performance data and other data provided by Services; (p) to provide performance data and other data to the Commonwealth, or an entity established under an Act of the Commonwealth; (q) other functions given to the chief executive under this Act or another Act. 46 Delegation by chief executive (1) The chief executive may delegate the chief executive's functions under this Act to a health service chief executive or an appropriately qualified employee of the department. (2) However, the chief executive must not delegate the function— (a) to enter into a service agreement with a Service; or (b) to authorise the disclosure of confidential information in the public interest under section 160; or (c) to issue a health service directive or health employment directive; or (d) to make a standard under section 138E. (3) Subsection (4) applies if the chief executive is considering whether, and the extent to which, to delegate to a health service chief executive a matter that affects employees. (4) The chief executive must have regard to the Service's capacity and capability to effectively administer the human resource management and industrial relations processes for employees. (5) A health service chief executive, with the written approval of the chief executive, may subdelegate a function delegated to the health service chief executive under subsection (1) to an appropriately qualified— (a) health executive employed by the Service; or (b) health service employee employed in the department and working for the Service. (6) However, a health service chief executive may not subdelegate the function to authorise access to an information system under section 161A delegated to the health service chief executive under subsection (1). (7) A health executive in the department, with the written approval of the chief executive, may subdelegate a function delegated to the health executive under subsection (1) to an appropriately qualified departmental employee. Division 2 Chief executive may issue health service directives 47 Health service directives (1) The chief executive may develop and issue health service directives to Services for the following— (a) promoting service coordination and integration in the delivery of health services— (i) between Services; and (ii) between Services, the department and other service providers; (b) optimising the effective and efficient use of available resources in the delivery of health services; (c) setting standards and policies for the safe and high quality delivery of health services; (d) ensuring consistent approaches to the delivery of health services, employment matters (other than conditions of employment for health service employees) and the delivery of support services; (e) supporting the application of public sector policies, State and Commonwealth Acts, and agreements entered into by the State. (2) Without limiting subsection (1), health service directives may be about the following— (a) standards and policies for the healthcare rights of users of public sector health services; (b) standards and policies for improving the quality of health services; (c) the use by Services of support services provided by the department, other departments or other Services; (d) the purchasing of goods and services under contracts and agreements entered into by the department, other departments or other Services; (e) the provision of information to the chief executive and other entities; (f) responding to public health emergencies; (g) the setting of fees and charges, including for the provision of services to private patients, for residential care, and for the supply of pharmaceuticals; (h) other matters prescribed under a regulation. (3) Health service directives may apply to all Services, some Services, or a stated type of public sector health service facility or public sector health service. (4) In this section— delivery, of health services, includes— (a) matters that support the delivery of health services, including— (i) the establishment and operation of clinical networks; and (ii) the provision of training to health professionals or students in public sector health service facilities; and (iii) the engagement of independent contractor visiting medical officers or other contracted health professionals; and (iv) private practice arrangements for health professionals; and (v) the management of information, including the way in which information is captured, collated, shared and reported; and (vi) research, innovation and the application of intellectual property; and (b) undertaking capital works for proposed public sector health service facilities; and (c) the provision of health services to public patients in private health facilities. 48 Consultation on health service directives In developing a health service directive that applies to a Service, the chief executive must consult with the Service. 49 Publication of health service directives A health service directive must be published in a way that allows the directive to be accessed by members of the public, including, for example, on the internet. 50 Health service directives binding A health service directive is binding on the Service to which it relates. 51 Review of health service directives (1) The chief executive must complete a review of a health service directive within 3 years after it is made and afterwards within 3 years after the previous review. (2) In reviewing a directive, the chief executive must consult with a Service for a directive that applies to the Service. (3) If a directive is amended as a result of the review, the chief executive must publish the amended directive in a way that allows it to be accessed by members of the public, including, for example, on the internet. Division 2A Chief executive may issue health employment directives 51A Health employment directives (1) The chief executive may issue health employment directives about the conditions of employment for health service employees. (2) Without limiting subsection (1), a health employment directive may be about the following— (a) remuneration for health executives and senior health service employees; (b) the classification levels at which health executives and senior health service employees are to be employed; (c) the terms of contracts for health executives and senior health service employees; (d) the professional development and training of health service employees in accordance with the conditions of their employment. (3) A health employment directive may apply to any or all of the following— (a) the department, a Service or all Services; (b) health service employees, or a stated type of health service employee. 51AA Consultation on health employment directives (1) This section applies if the chief executive proposes to issue, amend or repeal a health employment directive that applies to— (a) 1 or more Services; or (b) health service employees who are represented by an employee organisation. (2) The chief executive must consult with the Services or employee organisation about the issuing of the proposed health employment directive or the proposed amendment or repeal of the health employment directive. (3) Despite section 46(2)(c), the chief executive may delegate under section 46(1) the function under subsection (2). (4) In this section— employee organisation see the Industrial Relations Act 2016, schedule 5. 51B Relationship with legislation If a health employment directive is inconsistent with an Act or subordinate legislation, the Act or subordinate legislation prevails over the health employment directive. 51C Relationship between health employment directives and other instruments (1) If a health employment directive is inconsistent with an industrial instrument, the industrial instrument prevails to the extent of the inconsistency. (1A) Subsection (1) does not apply if the terms and conditions of employment provided for in the health employment directive are more favourable to the employee than the terms and conditions of employment provided for in the industrial instrument. (2) If a health employment directive is inconsistent with a directive under the Public Sector Act 2022, section 222, the health employment directive prevails over the directive. (3) If a health employment directive is inconsistent with a contract entered into with a senior health service employee, the contract prevails over the health employment directive to the extent of the inconsistency. (4) However, for subsection (3), to the extent a health employment directive provides for an increase in remuneration or other benefits for an employee, the directive is taken not to be inconsistent with a contract entered into with a senior health service employee. (5) Subsections (3) and (4) apply despite section 51E. (6) In this section— health employment directive includes— (a) a decision made in the exercise of a discretion under the directive; and (b) a health service directive to which section 321 applies. 51D Publication of health employment directives A health employment directive must be published in a way that allows the directive to be accessed by health service employees and members of the public, including, for example, on the internet. 51E Health employment directives binding (1) A health employment directive that applies to an employee of the department is binding on the employee and the department. (2) A health employment directive that applies to an employee of a Service is binding on the employee and the Service. Note— A health employment directive may apply to both employees of a department and a Service. See section 51A(3). 51F Review of health employment directives (1) The chief executive must complete a review of a health employment directive within 3 years after it is made and afterwards within 3 years after the previous review. (2) If a directive is amended as a result of the review, the chief executive must publish the amended directive in a way that allows it to be accessed by members of the public, including, for example, on the internet. Division 3 Chief health officer and deputy chief health officers 52 Chief health officer (1) There is to be a chief health officer for the State. (2) The chief health officer is to be employed as a public service officer or as a health service employee. (3) The chief health officer must be a medical practitioner. 53 Functions of chief health officer The functions of the chief health officer are— (a) to provide high-level medical advice to the chief executive and the Minister on health issues, including policy and legislative matters associated with the health and safety of the Queensland public; and (b) any functions given to the chief health officer by the chief executive; and (c) other functions under this or another Act. 53AA Deputy chief health officers (1) The chief executive may appoint 1 or more deputy chief health officers for the State. (2) A deputy chief health officer is to be employed as a public service officer or as a health service employee. (3) A deputy chief health officer must be a medical practitioner. 53AB Functions of deputy chief health officers The functions of a deputy chief health officer are— (a) to support the chief health officer in the exercise of the chief health officer's functions under this or another Act; and (b) any functions given to the deputy chief health officer by the chief health officer or the chief executive; and (c) other functions under this or another Act. 53AC Delegation by chief health officer The chief health officer may delegate the chief health officer's functions or powers under this or another Act to a deputy chief health officer. Part 3A Funding of public sector health system Division 1 Purpose of part 53A Purpose The main purpose of this part is to enhance the accountability and transparency of the funding of public sector hospitals, other public sector health services, and teaching, training and research related to the provision of health services. Division 2 State pool account 53B Establishment of State pool account The chief executive is to establish an account with the Reserve Bank of Australia to be called the State pool account. 53C Payment into State pool account (1) The following must be paid into the State pool account— (a) all activity-based funding allocated from State funds for the provision of hospital services under the National Health Reform Agreement; (b) all funding received from the Commonwealth for the provision of hospital and other health services under the National Health Reform Agreement. (2) The following may be paid into the State pool account— (a) exceptional payments for the provision of health services decided by the chief executive; (b) interest earned on the account. (3) The amounts paid into the State pool account may include adjustments— (a) to reflect the difference between estimated and actual services provided; and (b) for other funding reconciliations under the National Health Reform Agreement. (4) In this section— health services also includes teaching, training and research related to the provision of health services. 53D Payments from State pool account (1) The payment of funds from the State pool account, including the timing of the payments, is to be made only by the administrator at the direction of the Minister. (2) The administrator is required to authorise personally each payment made from the State pool account. (3) Payments from the State pool account are to be made only to— (a) Hospital and Health Services and other providers of hospital and other health services; or (b) the State managed fund; or (c) an account in the department other than the State pool account or the State managed fund. (4) A direction made by the Minister to the administrator for the payment of funds from the State pool account is to be consistent with— (a) the purpose for which the funding was paid into the account; and (b) the National Health Reform Agreement; and (c) advice provided by the administrator about the basis on which the administrator has calculated payments into the account by the Commonwealth; and (d) any relevant service agreement between the chief executive and a Service. (5) This section does not prevent the Minister from directing the administrator to pay funds— (a) to reflect the difference between estimated and actual services provided; or (b) for other funding reconciliations under the National Health Reform Agreement; or (c) to correct any error in payments out of the State pool account; or (d) to pay fees associated with maintaining the State pool account, including financial institution fees and audit fees; or (e) for interest earned on the State pool account, for any purpose decided by the Treasurer; or (f) to the department for the provision of support services to Services. 53E Payment from State pool account if no administrator or administrator not available to make the payment The chief executive may pay funds from the State pool account at the direction of the Minister as if the chief executive were the administrator— (a) if there is no administrator or acting administrator appointed under this Act; or (b) the administrator is not available to make the payment. Division 3 State managed fund 53F Establishment of State managed fund The chief executive is to establish an account with a financial institution to be called the State managed fund. 53G Payment into State managed fund (1) The following must be paid into the State managed fund— (a) block funding allocated by the State, or paid from the State pool account, for the provision of hospital and other health services under the National Health Reform Agreement; (b) funding for teaching, training and research related to the provision of health services allocated by the State, or paid from the State pool account, under the National Health Reform Agreement. (2) Exceptional payments for the provision of health services decided by the chief executive may be paid into the State managed fund. (3) The amounts paid into the State managed fund may include adjustments— (a) to reflect the difference between estimated and actual services provided; and (b) for other funding reconciliations under the National Health Reform Agreement. (4) In this section—