Warning—Some provisions of this legislation are not in operation. These provisions are italicised. For details, see the List of legislation in the Legislative history.Health Transparency Act 2019An Act to facilitate the publication and collection of information about public facilities and private facilities that provide health services, and to amend this Act, the Corrective Services Act 2006, the Health Ombudsman Act 2013, the Health Practitioner Regulation National Law Act 2009, the Hospital and Health Boards Act 2011, the Police Powers and Responsibilities Act 2000, the Private Health Facilities Act 1999, the Public Health Act 2005, the Youth Justice Act 1992 and the Youth Justice Regulation 2016 for particular purposesPart 1Preliminary1Short titleThis Act may be cited as the Health Transparency Act 2019.2CommencementThe following provisions commence on a day to be fixed by proclamation—

(a)sections 3 to 6;

(b)parts 2 to 5;

(c)part 6, other than division 4, subdivisions 1 and 2;

(d)schedules 1 and 2.

3Purposes of ActThe purposes of this Act are—

(a)to improve the transparency of the quality and safety of health services provided in Queensland; and

(b)to help people make better-informed decisions about their health care.

4How purposes are achievedThe purposes of this Act are achieved by enabling the publication and collection of particular types of information about public sector health service facilities, private health facilities, State aged care facilities and private residential aged care facilities.5Act binds all persons(1)This Act binds all persons, including the State.(2)However, the State can not be prosecuted for an offence against this Act.6DefinitionsThe dictionary in schedule 1 defines particular words used in this Act.Part 2Information to which Act applies7Information to which Act applies (1)This Act applies to—

(a)general information about—

(i)public sector health service facilities; and

(ii)private health facilities; and

(iii)State aged care facilities; and

(iv)private residential aged care facilities; and

(b)quality and safety information about—

(i)public sector health service facilities; and

(ii)private health facilities; and

(c)residential care information about—

(i)State aged care facilities; and

(ii)private residential aged care facilities.

(2)This Act applies to information mentioned in subsection (1) that is—

(a)publicly available; or

(b)given to the chief executive under or in relation to the administration of this Act; or

(c)held by the chief executive as a result of obtaining or having access to the information, or information from which the information was derived—

(i)under a service agreement under the Hospital and Health Boards Act 2011, section 35; or

(ii)under the Hospital and Health Boards Act 2011, section 138F or 138M; or

(iii)because of a report given under the Private Health Facilities Act 1999, section 144; or

(iv)under the Public Health Act 2005, section 217 or 218.

(3)Subsection (2)(c) applies to information held by the chief executive on or after the commencement.8What is general informationGeneral information, about a public sector health service facility, private health facility, State aged care facility or private residential aged care facility, is—

(a)information that identifies the facility, including, for example—

(i)the name, address, phone number and website of the facility; and

(ii)whether the facility is a public sector health service facility, day hospital, private hospital, State aged care facility or private residential aged care facility; or

(b)details of the health services provided at or by the facility; orExamples—

•types of clinical specialities provided at or by the facility

•maternity models of care provided at or by the facility

(c)information about other services available at or near the facility that may help people who are admitted at the facility, attending an appointment at the facility or visiting the facility.Examples—

•information about any carpark at or near the facility

•information about public transport to the facility

•information about interpreter services available at the facility

9What is quality and safety information(1)Quality and safety information, about a public sector health service facility or private health facility, is—

(a)information about the facility’s accreditation and performance against the National Safety and Quality Health Service Standards; orNote—The National Safety and Quality Health Service Standards are available on the Australian Commission on Safety and Quality in Health Care’s website.

(b)any of the following information prescribed by regulation—

(i)access to care information;

(ii)activity information;

(iii)patient outcome information;

(iv)process of care information;

(v)other information relating to the quality and safety of health services provided at the facility.

(2)In this section—access to care information means information about the time frames in which health services are provided to patients at or by the facility, including, for example—

(a)the percentage of patients treated within clinically recommended times at the facility; and

(b)the number of patients waiting for a health service at the facility.

activity information means—

(a)information about patients admitted to a facility, including, for example—

(i)the number of patients admitted to and discharged from the facility; and

(ii)the reason for admission; and

(iii)the length of time spent in the facility; or

(b)information about patients who are not admitted to a facility, but who receive a service at the facility, including, for example, the number of patients receiving care as an outpatient at the facility.

patient outcome information means information about—

(a)the impact on patients of a health service provided at or by the facility, including, for example, the change in the health of a person, group of people or population that is wholly or partly attributable to the service; or

(b)the effectiveness of a health service provided at or by the facility, including, for example, the extent to which a health service provided to a person at the facility achieved the best possible outcome for the person’s health.

process of care information means information about processes that are in place to support quality and safety of health services at the facility, including, for example, infection management processes at the facility.10What is residential care information(1)Residential care information, about a State aged care facility or private residential aged care facility, is—

(a)information prescribed by regulation about—

(i)the personal care or nursing care provided to residents at the facility; or

(ii)the staffing for the personal care and nursing care provided to residents at the facility; and

(b)information that explains, and helps in understanding, the information mentioned in paragraph (a).

(2)In this section—resident, at a State aged care facility or private residential aged care facility, means a person who is provided residential care at the facility.Part 3Publishing information11Chief executive may publish information(1)The chief executive may publish information to which this Act applies.(2)The chief executive may not publish personal information under this part, other than personal information—

(a)about an individual who takes part in the management of a public sector health service facility, private health facility, State aged care facility or private residential aged care facility; and

(b)that has been made publicly available by the facility.

12How information may be publishedThe chief executive may publish information under this part in any way that allows the information to be accessed by members of the public.Examples of ways of publication—

•information published on a website

•a report published on the department’s website

•a printed report available from the department

Part 4Collecting informationDivision 1Private residential aged care facilities13Chief executive may request information from approved providerThe chief executive may, by notice given to the approved provider who provides residential care at a private residential aged care facility, ask the approved provider to give the chief executive the following information about the facility—

(a)general information;

(b)residential care information.

14Form of noticeA notice given under section 13 must state—

(a)the purpose for which the information will be used if the information is given; and

(b)that it is an offence for the person to whom the notice is given to fail to respond to the notice as mentioned in section 15.

15Failure to respond to noticeA person who is given a notice by the chief executive under section 13 must, unless the person has a reasonable excuse, give the chief executive, within 15 business days after the notice is given—

(a)all of the information requested; or

(b)some of the information requested and a notice informing the chief executive that the remaining information will not be given to the chief executive; or

(c)if no information requested is to be given—a notice informing the chief executive that none of the information is to be given.

Maximum penalty—100 penalty units.16Chief executive may publish information about response to notice(1)This section applies if, under section 15(b) or (c), an approved provider informs the chief executive that information about a private residential aged care facility requested in a notice under section 13 will not be given.(2)The chief executive may publish—

(a)that fact; and

(b)the name of the private residential aged care facility about which the information was requested.

(3)Sections 11(2) and 12 apply to the publication of the information.Division 2Other facilities17Chief executive may require information about public sector health service facilities and State aged care facilities(1)The chief executive may, by notice given to the health service chief executive of a Hospital and Health Service, require the health service chief executive to give the chief executive any of the following information—

(a)general information about a public sector health service facility or State aged care facility that is, or is part of, the Service’s health service area;

(b)quality and safety information about a public sector health service facility that is, or is part of, the Service’s health service area;

(c)residential care information about a State aged care facility that is, or is part of, the Service’s health service area.

(2)In this section—health service area, of a Hospital and Health Service, means a health service area declared for the Service under the Hospital and Health Boards Act 2011, section 17.health service chief executive, of a Hospital and Health Service, means the health service chief executive appointed for the Service under the Hospital and Health Boards Act 2011, section 33.18Chief executive may require information about private health facilities(1)The chief executive may, by notice given to the licensee of a private health facility, require the licensee to give the chief executive the following information about the facility—

(a)general information;

(b)quality and safety information.

(2)In this section—licensee, of a private health facility, means the holder of the licence under the Private Health Facilities Act 1999, part 6 for the facility.19Form of noticeA notice given under section 17 or 18 must state—

(a)the reasonable period within which the information must be given; and

(b)the purpose for which the information will be used; and

(c)that it is an offence for the person to whom the notice is given to fail to comply with the notice.

20Failure to provide informationA person who is given a notice by the chief executive under section 17 or 18 must comply with the notice, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.Part 5Other provisions21False or misleading information(1)A person must not, in relation to the administration of this Act, give the chief executive information the person knows is false or misleading in a material particular.Maximum penalty—100 penalty units.(2)Subsection (1) applies to information given in relation to the administration of this Act whether or not the information was given in response to a specific power under an Act.(3)Subsection (1) does not apply to a person if the person, when giving the information in a document—

(a)tells the chief executive, to the best of the person’s ability, how the document is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

22Confidentiality(1)This section applies to a person who—

(a)is, or has been, any of the following persons administering, or performing functions or exercising powers under, this Act—

(i)the chief executive;

(ii)an employee of the department;

(iii)a contractor of the department; and

(b)in that capacity, obtains personal information or has access to, or custody of, personal information.

(2)The person must not use or disclose the personal information.Maximum penalty—50 penalty units.(3)However, the person may use or disclose the personal information—

(a)to the extent necessary to administer, or perform functions or exercise powers under, this Act; or

(b)to, or with the consent of, the individual to whom the information relates; or

(c)in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or

(d)as otherwise required or permitted under another law.

23DelegationThe chief executive may delegate the chief executive’s functions or powers under this Act to an appropriately qualified employee of the department.24Regulation-making powerThe Governor in Council may make regulations under this Act.Part 6Amendments of Acts relating to health mattersDivision 1Amendment of this Act25Act amendedThis division amends this Act.26Amendment of long titleLong title, from ‘, and to amend’—omit.Division 2Amendment of Health Ombudsman Act 201327Act amendedThis division and schedule 2 amend the Health Ombudsman Act 2013.28Amendment of s 14 (Dealing with health service complaints and other matters)(1)Section 14—insert—(4A)The health ombudsman may make an order prohibiting a health practitioner other than a registered health practitioner from practising, or imposing restrictions on the practitioner’s practice.(2)Section 14(5)—omit, insert—(5)The health ombudsman may refer a matter concerning a registered health practitioner to the director of proceedings for decision about whether proceedings should be taken against the practitioner before QCAT.(3)Section 14(6), ‘professional misconduct and certain other’—omit, insert—certain(4)Section 14(4A) to (9)—renumber as section 14(5) to (10).29Amendment of s 16 (Disciplinary orders)(1)Section 16, heading, after ‘orders’—insert—of QCAT and other jurisdictions(2)Section 16(2)—omit, insert—(2)Orders of other jurisdictions that prohibit a health practitioner other than a registered health practitioner from practising, or impose restrictions on the practitioner’s practice, also apply in Queensland.30Amendment of s 33 (How to make a complaint)Section 33(2)—omit, insert—(2)If a complaint is made orally—

(a)the health ombudsman must make a record of the complaint; and

(b)if the health ombudsman decides not to accept the complaint at the time it is made and gives notice of the decision as mentioned in section 278(2), the health ombudsman must include details of the decision in the record made under paragraph (a).

31Amendment of s 35 (Deciding how to proceed)(1)Section 35, heading, after ‘proceed’—insert—generally(2)Section 35(1), before ‘days’—insert—business(3)Section 35(1)(a)(ii)—omit, insert—

(ii)to accept the complaint and take no further action in relation to it; orNote—See section 44 for the grounds on which the health ombudsman may decide to take no further action on a complaint.

(iii)not to accept the complaint; and

(4)Section 35(2)—omit, insert—(2)For deciding the number of business days for subsection (1), the following days are not counted—

(a)any business days on which there is an outstanding requirement under section 34;

(b)any business days necessary to comply with division 2A for the complaint.

32Insertion of new s 35A and pt 3, divs 2A and 2BAfter section 35—insert—35ANon-acceptance of complaintThe health ombudsman may decide not to accept a complaint if the health ombudsman is satisfied—

(a)the complaint would be more appropriately dealt with by an entity other than the health ombudsman or an entity to whom the health ombudsman may refer the complaint under this Act; or

(b)the complainant has not sought a resolution of the complaint with the relevant health service provider and it is reasonable in the circumstances for the complainant to first seek the resolution.

Division 2ADealing with complaint concerning registered health practitioner35BApplication of division(1)This division applies if the health ombudsman accepts a complaint concerning the health, conduct or performance of a registered health practitioner. (2)Nothing in this division prevents the health ombudsman deciding to take immediate action under part 7 in relation to the complaint.35CNotifying National Agency of complaint (1)The health ombudsman must, as soon as practicable after accepting the complaint—

(a)notify the National Agency that the health ombudsman has accepted the complaint; and

(b)give to the National Agency—

(i)a copy of the complaint or, if the complaint was not made in writing, a copy of the health ombudsman’s record of the details of the complaint; and

(ii)any other information the health ombudsman has that is relevant to the complaint.

(2)The National Agency may give the health ombudsman the Agency’s preliminary view about how the complaint should be dealt with within 5 business days after the Agency is notified of the complaint.35DDealing with complaint if no preliminary view(1)This section applies if the National Agency does not provide a preliminary view about how the complaint should be dealt with within the period stated in section 35C(2).(2)The health ombudsman may deal with the complaint under this Act without further consulting the National Agency, other than to the extent required under division 2B.35EDealing with complaint if agreement on preliminary view(1)This section applies if the National Agency provides a preliminary view about how the complaint should be dealt with within the period stated in section 35C(2) and the health ombudsman agrees with the preliminary view. (2)The health ombudsman must ensure the way the complaint is dealt with under this Act is consistent with the agreed view.35FFurther negotiation if disagreement on preliminary view(1)This section applies if the National Agency provides a preliminary view about how the complaint should be dealt with within the period stated in section 35C(2) and the health ombudsman does not agree with the preliminary view. (2)The health ombudsman must attempt to reach agreement with the National Agency about how the complaint is to be dealt with within 15 business days after the Agency gives its preliminary view.35GDealing with complaint if no agreement after further negotiation or no further negotiation(1)This section applies if the health ombudsman and National Agency do not reach an agreement about how the complaint should be dealt with under section 35F.(2)The health ombudsman must deal with the complaint as follows—

(a)if the health ombudsman believes the complaint indicates a serious matter within the meaning of section 91C—

(i)the health ombudsman must not refer the serious matter to the National Agency and must deal with the serious matter under this Act; and

(ii)the health ombudsman must deal with any other matter arising from the complaint as mentioned in paragraph (b) to (d) as if the other matter were the subject of a separate complaint;

(b)if the health ombudsman believes the complaint should be the subject of an assessment under part 5, an investigation under part 8 or a referral to the director of proceedings under part 10, division 2—the health ombudsman must not refer the complaint to the National Agency and must deal with the complaint under this Act;

(c)if neither paragraph (a) nor (b) applies and the health ombudsman, or the National Agency, believes the complaint should be referred to the National Agency—the health ombudsman must refer the complaint to the National Agency to deal with under the National Law;

(d)otherwise—the health ombudsman must deal with the complaint under this Act, whether or not in further consultation with the National Agency.

35HDealing with complaint if agreement after further negotiation(1)This section applies if the health ombudsman and National Agency reach an agreement about how the complaint should be dealt with under section 35F.(2)The health ombudsman must ensure the way the complaint is dealt with under this Act is consistent with the agreement.Division 2BProposal to take no further action in relation to registered health practitioner35IApplication of division(1)This division applies if—

(a)the health ombudsman—

(i)accepts a complaint concerning the health, conduct or performance of a registered health practitioner; and

(ii)proposes to take no further action in relation to the complaint; and

(b)the subject matter of the complaint has not been referred to the National Agency under another provision of this Act or the National Law.

(2)However, this division does not apply if the proposal is consistent with the preliminary view, about how the complaint should be dealt with, provided by the National Agency under division 2A.35JNotifying National Agency of proposalThe health ombudsman must, as soon as practicable after forming the proposal—

(a)notify the National Agency that the health ombudsman proposes to take no further action in relation to the complaint, and include in the notification the health ombudsman’s reasons for the proposal; and

(b)give to the National Agency—

(i)a copy of the complaint or, if the complaint was not made in writing, a copy of the health ombudsman’s record of the details of the complaint; and

(ii)any other information the health ombudsman has that is relevant to the complaint.

35KNational Agency may request referral(1)The National Agency may ask the health ombudsman to refer the subject matter of the complaint to the Agency, to be dealt with under the National Law, within 7 business days after the Agency is notified of the health ombudsman’s proposal under section 35J.(2)The health ombudsman must comply with a request made under subsection (1).(3)If the health ombudsman refers a matter to the National Agency under this section, the health ombudsman must give notice of the referral to the complainant and the registered health practitioner.35LDealing with complaint if no referralIf the National Agency does not make a request under section 35K within the period stated in that section, the health ombudsman may deal with the complaint under this Act without further consulting the National Agency.33Amendment of s 38 (Meaning of relevant action)(1)Section 38(1)—insert—

(da)issuing a prohibition order under part 8A;

(2)Section 38(1)(f), before ‘referring’—insert—for a health service complaint concerning a registered health practitioner,(3)Section 38(1)(da) to (h)—renumber as section 38(1)(e) to (i).(4)Section 38(3)—insert—

(ba)issuing a prohibition order under part 8A;

(5)Section 38(3)(d), before ‘referring’—insert—for a matter relating to a registered health practitioner,(6)Section 38(3)(ba) to (e)—renumber as section 38(3)(c) to (f).34Amendment of s 49 (Period for completing assessment)(1)Section 49, ‘30 days’—omit, insert—22 business days(2)Section 49—insert—(3)Also, for deciding the number of business days for subsection (1), any business days on which the health ombudsman is awaiting the outcome of a notification given under section 35J in relation to the complaint are not counted.35Amendment of s 55 (Period for attempting resolution)(1)Section 55, ‘30 days’—omit, insert—22 business days(2)Section 55—insert—(3)Also, for deciding the number of business days for subsection (1), any business days on which the health ombudsman is awaiting the outcome of a notification given under section 35J in relation to the complaint are not counted.36Amendment of s 58B (Varying immediate registration action on application by registered health practitioner)(1)Section 58B(5)(a) and (7), ‘written’—omit.(2)Section 58B(5)(b)—renumber as section 58B(5)(c).(3)Section 58B(5)—insert—

(b)the health ombudsman must give notice of the variation to—

(i)the relevant National Board; and

(ii)if the immediate registration action was taken in response to a complaint—the complainant; and

(4)Section 58B(7)(b), ‘7 days’—omit, insert—5 business days37Replacement of s 64 (Health ombudsman must immediately take further relevant action)Section 64—omit, insert—64Further relevant action that may be taken after immediate registration action(1)The health ombudsman may only take the following relevant action in relation to the matter giving rise to immediate registration action taken in relation to a registered health practitioner—

(a)investigate the matter under part 8;

(b)refer the matter to the National Agency or an entity of the State, another State or the Commonwealth under part 9;

(c)refer the matter to the director of proceedings under part 10, division 2.

(2)The health ombudsman must take the relevant action mentioned in subsection (1)(a), (b) or (c)—

(a)if the matter is the subject of a complaint to which part 3, division 2A applies—immediately after the process under that division is completed; or

(b)otherwise—immediately after the immediate registration action is taken.

38Amendment of s 73 (Period of interim prohibition order)Section 73(2)—omit, insert—(2)The order continues to have effect until the earliest of the following happens—

(a)the order ends under section 90H;Note—Section 90H provides for the ending of an interim prohibition order issued to a health practitioner in relation to a health service complaint or other matter when a prohibition order issued to the practitioner for the complaint or matter takes effect.

(b)QCAT sets aside the decision to issue the order on application by the practitioner for a review of the decision;

(c)the health ombudsman revokes the order under section 76.

39Amendment of s 90 (Notice of decision after investigating matter)Section 90, after ‘a matter’—insert—under this part40Insertion of new pt 8AAfter part 8—insert—Part 8AProhibition ordersDivision 1Preliminary90AApplication of partThis part does not apply to a person in the person’s capacity as a registered health practitioner.90BProhibition orderA prohibition order is an order issued to a health practitioner—

(a)prohibiting the practitioner, either permanently or for a stated period, from providing any health service or a stated health service; or

(b)imposing stated restrictions on the provision of any health service, or a stated health service, by the practitioner.

Division 2Issue of prohibition order90CPower to issue order(1)The health ombudsman may issue a prohibition order to a health practitioner (other than in the person’s capacity as a registered health practitioner) if the health ombudsman—

(a)has completed an investigation under part 8 relating to the practitioner; and

(b)is satisfied that, because of the practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons.

(2)Without limiting subsection (1)(b), the serious risk posed to a person by a health practitioner may be a serious risk of harm caused by the practitioner—

(a)practising the practitioner’s profession unsafely, incompetently or while intoxicated by alcohol or drugs; or

(b)financially exploiting the person; or

(c)engaging in a sexual or improper personal relationship with the person; or

(d)discouraging the person from seeking clinically accepted care or treatment; or

(e)making false or misleading claims about the health benefits of a particular health service; or

(f)making false or misleading claims about the practitioner’s qualifications, training, competence or professional affiliations.

(3)In deciding under subsection (1)(b) whether, because of a health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons, the health ombudsman may have regard to a prescribed conduct document under section 288.90DShow cause process(1)If the health ombudsman proposes to issue a prohibition order to a health practitioner, the health ombudsman must give the practitioner a notice—

(a)stating the proposed order; and

(b)inviting the practitioner to make a written submission to the health ombudsman, within a stated period of at least 20 business days, about the proposed order.

(2)The health ombudsman must have regard to any written submissions made by the practitioner within the stated period before deciding whether to issue the prohibition order.90EContent of orderA prohibition order—

(a)must state the details of the order that apply to the health practitioner; and

(b)must also state, or be accompanied by a notice that states, the following—

(i)the reasons for the decision to issue the order;

(ii)that the practitioner may apply to QCAT for a review of the decision to issue the order;

(iii)how, and the period within which, the practitioner may apply for the review of the decision.

90FNotice to complainantIf a prohibition order was issued in response to a complaint, the health ombudsman must give the complainant a notice stating the details of the order that apply to the health practitioner.90GWhen order takes effectA prohibition order takes effect on the day it is given to the health practitioner or, if a later day is stated in the order, the later day.90HProhibition order ends interim prohibition orderIf the health ombudsman issues a prohibition order to a health practitioner in relation to a health service complaint or other matter, any interim prohibition order issued to the practitioner in relation to that complaint or matter ends when the prohibition order takes effect.Division 3Variation or revocation of prohibition order90IPower to vary order on health ombudsman’s own initiativeThe health ombudsman may, at any time after issuing a prohibition order to a health practitioner, vary the order if—

(a)there has been a material change in relation to the matter giving rise to the issue of the order; and

(b)the health ombudsman reasonably believes the change justifies varying the order; and

(c)the variation is on the grounds mentioned in section 90C.

90JPower to vary order on application by health practitioner(1)A health practitioner may apply to the health ombudsman to vary a prohibition order issued to the practitioner if there is a material change in relation to the matter giving rise to the issue of the order.(2)An application under subsection (1) must be—

(a)in the approved form; and

(b)accompanied by any other information reasonably required by the health ombudsman.

(3)The health ombudsman must consider the application and decide—

(a)to vary the prohibition order in the way requested in the application; or

(b)to vary the prohibition order in a way different to the way requested in the application; or

(c)not to vary the prohibition order.

(4)The health ombudsman may vary the prohibition order only if—

(a)there has been a material change in relation to the matter giving rise to the issue of the order; and

(b)the health ombudsman reasonably believes the change justifies varying the order; and

(c)the variation is on the grounds mentioned in section 90C.

90KShow cause process(1)This section applies if the health ombudsman proposes to do any of the following (each a show cause decision)—

(a)vary a prohibition order under section 90I;

(b)vary a prohibition order under section 90J in a way different to the way requested in the application under that section;

(c)not to vary a prohibition order under section 90J in response to an application under that section.

(2)Section 90D applies to the health ombudsman making the show cause decision—

(a)as if a reference in the section to the health ombudsman issuing a prohibition order were a reference to the health ombudsman making the show cause decision; and

(b)with any other necessary changes.

90LEffect of decision to vary and notice requirements(1)If the health ombudsman varies a prohibition order issued to a health practitioner under this division—

(a)the health ombudsman must—

(i)give the practitioner a replacement prohibition order that reflects the variation; and

(ii)if the prohibition order was issued in response to a complaint, give the complainant a notice stating the details of the order, as varied, that apply to the practitioner; and

(b)the variation takes effect when the replacement prohibition order is given to the practitioner, or on a later day stated in the order; and

(c)the prohibition order as in effect before the variation ends when the variation takes effect.

(2)If the health ombudsman makes a decision mentioned in section 90K(1)(a), (b) or (c), the health ombudsman must give the health practitioner a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

(c)that the practitioner may apply to QCAT for a review of the decision;

(d)how, and the period within which, the practitioner may apply for the review of the decision.

90MRevocation of order(1)This section applies if, at any time after issuing a prohibition order to a health practitioner, the health ombudsman is satisfied the order is no longer necessary on the grounds mentioned in section 90C.(2)The health ombudsman must—

(a)revoke the order; and

(b)give notice of the revocation to the practitioner and, if the order was issued in response to a complaint, to the complainant.

Division 4Other provisions90NApplication to QCAT for review(1)This section applies if the health ombudsman decides—

(a)to issue a prohibition order to a health practitioner; or

(b)to vary a prohibition order issued to a health practitioner under section 90I; or

(c)to vary a prohibition order issued to a health practitioner in a way different to the way requested in an application by the practitioner under section 90J; or

(d)not to vary a prohibition order issued to a health practitioner under section 90J in response to an application under that section.

(2)The health practitioner may apply, as provided under the QCAT Act, to QCAT for a review of the decision.90OCorresponding interstate ordersA regulation may prescribe an order to be a corresponding interstate order if the order—

(a)is issued under a law of another State; and

(b)corresponds, or substantially corresponds, to a prohibition order under this part.

90POffence of contravening prohibition orderA person must not contravene a prohibition order or corresponding interstate order.Maximum penalty—200 penalty units.90QPublication of prohibition orders(1)The health ombudsman must publish, on a publicly accessible website of the health ombudsman, the following information about each current prohibition order—

(a)the name of the health practitioner to whom the order was issued;

(b)the day the order took effect;

(c)the details of the order mentioned in section 90B(a) or (b) that apply to the practitioner;

(d)the details of any variation of the order under division 3.

(2)The health ombudsman must also publish, on a publicly accessible website of the health ombudsman, information about corresponding interstate orders of which the health ombudsman is aware that corresponds to the information mentioned in subsection (1)(a) to (d).(3)The information may also be published to the public in another way the health ombudsman considers appropriate.(4)This section applies subject to any non-publication order under the QCAT Act or court order about publication of information.(5)The health ombudsman must not publish information that the health ombudsman considers it would be inappropriate to publish.41Replacement of s 91 (Referral to National Agency)Section 91—omit, insert—Division 1Referral to National Agency91Application of divisionThis division applies to a health service complaint or other matter concerning a registered health practitioner.91AGeneral power to refer complaint or matterThe health ombudsman may refer the health service complaint or other matter to the National Agency.91BRequirement to refer complaint or matter indicating impairmentThe health ombudsman must refer the health service complaint or other matter to the National Agency if it indicates the health practitioner has or may have an impairment.91CComplaint or matter indicating serious matter must not be referred(1)The health ombudsman must not refer the health service complaint or other matter to the National Agency if it relates to, or is, a matter (a serious matter)—

(a)that indicates either or both of the following—

(i)the registered health practitioner may have behaved in a way that constitutes professional misconduct;

(ii)another ground may exist for the suspension or cancellation of the registered health practitioner’s registration; and

(b)that the health ombudsman is satisfied should be dealt with by the health ombudsman.

Note—A health service complaint or other matter indicating a matter mentioned in subsection (1)(a) may be referred to the director of proceedings who may refer it to QCAT on the health ombudsman’s behalf under section 103.(2)In deciding whether to be satisfied as mentioned in subsection (1)(b), the health ombudsman must have regard to—

(a)whether the registered health practitioner’s behaviour is of such a serious nature that it may only be appropriately dealt with by the health ombudsman; and

(b)whether the matter involves a significant issue for the health and safety of the public.

91DDealing with complaint indicating impairment matter and serious matter(1)This section applies if a health service complaint indicates both of the following—

(a)a matter that must be referred to the National Agency under section 91B (an impairment matter);

(b)a matter that must not be referred to the National Agency under section 91C (a serious matter).

(2)The health ombudsman—

(a)must deal with the impairment matter and serious matter separately under section 41; and

(b)must refer the impairment matter to the National Agency under section 91B; and

(c)must not refer the serious matter to the National Agency under section 91C.

91EForm of referral(1)If the health ombudsman refers a health service complaint or other matter to the National Agency under this division, the health ombudsman must give the National Agency all relevant information the health ombudsman has about the complaint or other matter, including, for a health service complaint—

(a)details of the complaint, the complainant and the relevant health service provider; and

(b)if the health ombudsman intends to start or continue conciliating the complaint while or after the National Agency or a National Board deals with it—notice of that intention.

(2)In this section—information includes a submission.Division 2Referral to other entities42Amendment of s 94 (QCAT’s jurisdiction)(1)Section 94(1)(a)(iv), ‘and’—omit, insert—or(2)Section 94(1)(a)—insert—

(v)to issue a prohibition order to a health practitioner; or

(vi)to vary a prohibition order issued to a health practitioner on the health ombudsman’s own initiative; or

(vii)to vary a prohibition order issued to a health practitioner in a way different to the way requested in an application by the practitioner; or

(viii)not to vary a prohibition order issued to a health practitioner in response to an application by the practitioner; and

(3)Section 94(1)(b), after ‘matter’—insert—concerning a registered health practitioner43Amendment of s 96 (Orders that QCAT may make)(1)Section 96(2)—omit.(2)Section 96(3) and (4)—renumber as section 96(2) and (3).44Amendment of s 97 (Constitution of QCAT)(1)Section 97(2)—renumber as section 97(3).(2)Section 97—insert—(2)Subsection (1) does not apply to a proceeding for—

(a)the review of a decision by the health ombudsman mentioned in section 94(1)(a) relating to an interim prohibition order or prohibition order; or

(b)the review of an appellable decision under the National Law, section 199 relating to a decision made under the National Law, part 7.

45Amendment of s 100 (No stay of decision to take immediate action)(1)Section 100, heading, from ‘decision’—omit, insert—particular decisions(2)Section 100(1)—insert—

(c)a decision of the health ombudsman to issue a prohibition order under part 8A.

46Amendment of s 101 (Application of div 2)Section 101, after ‘matter’—insert—concerning a registered health practitioner47Amendment of s 103 (How director must deal with referral)(1)Section 103(2)—omit, insert—(2)If the director refers the matter back to the health ombudsman, the director may—

(a)recommend that particular further action be taken by the health ombudsman; or

(b)request that the health ombudsman obtain stated information or information of a stated kind under this Act.

Example—The director may be unable to decide if a matter should be referred to QCAT or may consider that further evidence is needed to conduct a proceeding for the matter before QCAT. The director may refer the matter back to the health ombudsman with a recommendation that the health ombudsman further investigate the matter under part 8. Alternatively, the director may request that the health ombudsman obtain particular information.(2)Section 103(4), from ‘to QCAT’ to ‘practitioner’—omit, insert—the matter to QCAT48Amendment of s 105 (Referral back to health ombudsman)Section 105—insert—(2)However, if the referral re quests that the health ombudsman obtain stated information or information of a stated kind, the health ombudsman must—

(a)obtain the stated information or information of the stated kind; and

(b)refer the matter back to the director to deal with under section 103 on the basis of the information.

49Replacement of pt 10, div 3, hdg (Matters relating to registered health practitioners)Part 10, division 3, heading—omit, insert—Division 3Action QCAT may take50Amendment of s 107 (Decision about registered health practitioner other than student)(1)Section 107(1), after ‘matter’—insert—concerning a registered health practitioner, other than a student,(2)Section 107(4), note—omit, insert—Notes—

1Sections 21 and 22 provide for the application of this Act to a person as if the person were a registered health practitioner.

2The National Law, section 205 provides for the relevant National Board to give effect to QCAT’s decision.

(3)Section 107(5), and note after subsection (5)—omit.51Amendment of s 108 (Decision about student)(1)Section 108(1)—omit, insert—(1)This section applies in relation to a matter concerning a registered health practitioner who is a student that is referred to QCAT by the director of proceedings under section 103.(2)Section 108(2), ‘a matter about the student’—omit, insert—the matter52Omission of pt 10, div 4 (Matters relating to practitioners other than registered health practitioners)Part 10, division 4—omit.53Amendment of s 140 (When conciliation may happen if other relevant action is taken)Section 140, heading and subsection (1), before ‘other’—insert—particular54Amendment of s 186 (Functions of authorised persons)Section 186—insert—

(c)to investigate or monitor the activities of a person the subject of immediate registration action taken, or an interim prohibition order issued, by the health ombudsman under part 7, while the action or order is in effect.

55Amendment of s 203 (Issue of warrant)Section 203(1)—insert—

(c)of a person carrying out an activity the person is not authorised to carry out because of immediate registration action taken, or an interim prohibition order issued, by the health ombudsman under part 7.

56Amendment of s 228 (Power to require information or attendance)(1)Section 228(2), from ‘information’—omit, insert—information (the relevant information)—

(a)about a matter being investigated by the health ombudsman; or

(b)about a health practitioner’s compliance with immediate action taken against the practitioner under part 7; or

(c)that is information, or information of a kind, requested by the director of proceedings in a referral under section 103(2)(b).

(2)Section 228(3)(a), ‘matter being investigated’—omit, insert—that is or relates to the relevant information(3)Section 228(3)(b), ‘matter being investigated’—omit, insert—the relevant information57Amendment of s 259 (Functions)(1)Section 259(1)(a), after ‘matters’—insert—concerning registered health practitioners(2)Section 259(1)(b), ‘prosecute’—omit, insert—conduct proceedings for58Amendment of s 260 (Director not subject to direction)Section 260, ‘to QCAT or about the prosecution’—omit, insert—concerning a registered health practitioner to QCAT or about the conduct59Amendment of s 273 (Publication of information about immediate action and QCAT decisions)(1)Section 273(1)(b)—renumber as section 273(1)(c).(2)Section 273(1)—insert—

(b)a prohibition order issued under part 8A; or

60Amendment of s 278 (Notice of decision relating to complaint)(1)Section 278(1)(a)—omit, insert—

(a)the decision;

(2)Section 278(2) and (3)—renumber as section 278(3) and (4).(3)Section 278—insert—(2)If the decision is a decision not to accept a health service complaint made orally, the requirement to give notice under subsection (1) applies as follows—

(a)the notice to the complainant may be given orally at the time when the complaint is made;

(b)if notice to the complainant is given as mentioned in paragraph (a), the health ombudsman is not required to give notice of the complaint, or the decision not to accept it, to the relevant health service provider.

61Amendment of s 279 (Notice to employers about particular serious matters)(1)Section 279(1)(b)(iii), ‘for QCAT to make’—omit.(2)Section 279(1)—insert—

(c)issues a prohibition order to a health practitioner under part 8A, division 2; or

(d)varies a prohibition order issued to a health practitioner under part 8A, division 3.

(3)Section 279(2) and (3), ‘or investigation’—omit, insert—, the investigation or the issue or variation of the prohibition order,(4)Section 279(5), from ‘any immediate’ to ‘matter’—omit, insert—the immediate action, take no further action in relation to the complaint or other matter the subject of the investigation, or revoke the prohibition order62Amendment of s 285 (Delegations)(1)Section 285(2)(b)—renumber as section 285(2)(c).(2)Section 285(2)—insert—

(b)issuing a prohibition order under part 8A;

63Insertion of new pt 21, div 3Part 21—insert—Division 3Transitional provisions for Health Transparency Act 2019Subdivision 1General provisions320C Existing complaints or other matters(1)This section applies to a health service complaint or other matter that—

(a)the health ombudsman started, but has not finished, dealing with under this Act before the commencement; or

(b)the director of proceedings refers to the health ombudsman under section 320F.

(2)The health ombudsman must deal with the complaint or matter under this Act as in force after the commencement to the greatest practicable extent.(3)Without limiting subsection (2)—

(a)section 35A applies in relation to a health service complaint made before the commencement if, on the commencement, the health ombudsman has not given notice of a decision under section 35 in relation to the complaint; and

(b)part 8A applies to a health practitioner (other than in the person’s capacity as a registered health practitioner) the subject of an investigation under part 8—

(i)completed before the commencement; or

(ii)started before the commencement and completed after the commencement; and

(c)part 9, division 1 applies in relation to the health ombudsman deciding whether or not to refer a health service complaint or other matter to the National Agency if, on the commencement, the health ombudsman has not referred the complaint or matter to the National Agency.

320D Existing immediate action(1)Section 90H applies to an interim prohibition order made before the commencement that is still in effect on the commencement.(2)Sections 186, 203 and 228 as in force after the commencement apply to immediate action taken under part 7 before the commencement if the immediate action is still in effect on the commencement.Subdivision 2Additional provision about registered health practitioners320E Dealing with existing complaint(1)This section applies to a health service complaint concerning the health, conduct or performance of a registered health practitioner if—

(a)it was made before the commencement; and

(b)on the commencement, the health ombudsman has not given notice of a decision under section 35 in relation to the complaint.

(2)Part 3, divisions 2A and 2B apply in relation to the health service complaint.Subdivision 3Additional provisions about other health practitioners320F Existing referrals to director of proceedings(1)This section applies to a health service complaint or other matter about a health practitioner, other than in the person’s capacity as a registered health practitioner—

(a)that the health ombudsman referred to the director of proceedings under part 10, division 2 before the commencement; and

(b)that, on the commencement, the director has not started, or has started but not finished, dealing with under part 10, division 2.

(2)The director must refer the complaint or matter to the health ombudsman to deal with under this Act as in force after the commencement.320G Existing proceedings for prohibition orders(1)This section applies if—

(a)before the commencement, a matter concerning a health practitioner other than a registered health practitioner was referred to QCAT by the director of proceedings on the health ombudsman’s behalf under section 103; and

(b)on the commencement, QCAT has not finally dealt with the matter.

(2)QCAT may deal, or continue to deal, with the matter under this Act as in force before the commencement as if the Health Transparency Act 2019, part 6, division 2 had not been enacted.(3)If QCAT makes a prohibition order under subsection (2), this Act as in force before the commencement continues to apply to any appeal or other proceeding relating to the making of the prohibition order as if the Health Transparency Act 2019, part 6, division 2 had not been enacted.(4)Sections 90P and 90Q apply to a prohibition order made under subsection (2) as if a reference to a prohibition order in the sections included a reference to a prohibition order made under subsection (2).320H Existing prohibition orders(1)This section applies to a prohibition order made under this Act as in force before the commencement that is still in effect on the commencement. (2)The prohibition order continues in effect.(3)This Act as in force before the commencement applies, or continues to apply, to any appeal or other proceeding relating to the making of the prohibition order as if the Health Transparency Act 2019, part 6, division 2 had not been enacted.(4)Sections 90P and 90Q apply to the prohibition order as if a reference to a prohibition order in the sections included a reference to a prohibition order continued under subsection (2).64Amendment of sch 1 (Dictionary)(1)Schedule 1, definitions appropriately qualified, corresponding interstate order and prohibition order—omit.(2)Schedule 1—insert—corresponding interstate order means an order prescribed to be a corresponding interstate order under section 90O.prohibition order see section 90B.Division 3Amendment of Health Practitioner Regulation National Law Act 200965Act amendedThis division amends the Health Practitioner Regulation National Law Act 2009.Editor’s note—For a consolidated reprint of the National Law as it applies in Queensland, see the Health Practitioner Regulation National Law (Queensland).66Amendment of s 34 (Replacement of pt 8, div 5 (Preliminary assessment))Section 34, inserted section 148, ‘section 91’—omit, insert—part 9, division 167Amendment of s 50 (Replacement of pt 8, div 12, hdg and ss 193–195)Section 50, inserted section 193—insert—(1A)Subsection (1)(a) does not apply if the National Board is satisfied the health ombudsman is aware of the matter mentioned in subsection (1)(a)(i) or (ii), including, for example, because it was the subject of—

(a)a notification to the National Agency under the Health Ombudsman Act 2013, part 3, division 2A; or

(b)a referral to the National Agency under the Health Ombudsman Act 2013, part 9, division 1.

Division 4Amendment of Hospital and Health Boards Act 2011Subdivision 1Preliminary68Act amendedThis division amends the Hospital and Health Boards Act 2011.Subdivision 3Amendments commencing on proclamation71Insertion of new s 160AAfter section 160—insert—160A Disclosure for purpose of Health Transparency Act 2019A designated person may disclose confidential information if the disclosure is to any of the following persons who is performing a function under, or relating to the administration of, the Health Transparency Act 2019—

(a)the chief executive;

(b)an employee of the department;

(c)a contractor who is contracted to provide information and communication technology or information management services to the department.

Division 5Amendment of Private Health Facilities Act 199972Act amendedThis division amends the Private Health Facilities Act 1999.73Insertion of new s 147DAfter section 147C—insert—147D Disclosure for purpose of Health Transparency Act 2019Section 147 does not apply to the disclosure of information to any of the following persons who is performing a function under, or relating to the administration of, the Health Transparency Act 2019—

(a)the chief executive;

(b)an employee of the department;

(c)a contractor who is contracted to provide information and communication technology or information management services to the department.

Division 6Amendment of Public Health Act 200574Act amendedThis division amends the Public Health Act 2005.75Insertion of new s 228BAAfter section 228B—insert—228BA Disclosure for purpose of Health Transparency Act 2019Section 220(1) does not apply if the disclosure of the confidential information by a relevant person is to any of the following persons who is performing a function under, or relating to the administration of, the Health Transparency Act 2019—

(a)the chief executive;

(b)an employee of the department;

(c)a contractor who is contracted to provide information and communication technology or information management services to the department.

Schedule 1Dictionarysection 6approved provider means an entity for which an approval is in force under the Aged Care Act 1997 (Cwlth).day hospital see the Private Health Facilities Act 1999, section 10.general information see section 8.health service see the Hospital and Health Boards Act 2011, section 15.Hospital and Health Service means a Hospital and Health Service established under the Hospital and Health Boards Act 2011, section 17.information includes a document.notice means written notice.personal information, about an individual, means information from which the individual’s identity is apparent or can reasonably be ascertained.private health facility means a day hospital or a private hospital.private hospital see the Private Health Facilities Act 1999, section 9.private residential aged care facility means a residential aged care facility other than a State aged care facility.public sector health service facility means a facility at which health services, other than residential care, are provided by a Hospital and Health Service.quality and safety information see section 9.residential aged care facility means a facility at which an approved provider provides residential care under the Aged Care Act 1997 (Cwlth).residential care has the meaning given by the Aged Care Act 1997 (Cwlth), section 41-3.residential care information see section 10.State aged care facility means a residential aged care facility at which the State provides residential care.Schedule 2Other amendments of Health Ombudsman Act 2013section 271Particular references to days—Each of the provisions in column 1 is amended by omitting the words in column 2 and inserting the words in column 3—Column 1Column 2Column 3ProvisionWords omittedWords insertedsection 47(2)14 days10 business dayssection 48(2)14 days10 business dayssection 53(2)14 days10 business dayssection 54(2)14 days10 business dayssection 59(1)(b)7 days5 business dayssection 61(2)7 days5 business dayssection 68B(7)(b)7 days5 business dayssection 69(1)(b)7 days5 business dayssection 72(2)7 days5 business dayssection 86(3)28 days22 business dayssection 89(3)14 days10 business dayssection 93(3)28 days22 business dayssection 155(1)14 days10 business dayssection 168(2)28 days22 business dayssection 169(2)14 days10 business dayssection 19421 days15 business dayssection 278(1)7 days5 business days2Section 43A(a), ‘section 91’—omit, insert—part 9, division 13Section 68B(5)(a) and (7), ‘written’—omit.4Section 280(1), before ‘health practitioner’—insert—registered