Queensland Consolidated Acts

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HEALTH SERVICES ACT 1991 - SECT 2

2 Definitions

In this Act--

applicable provisions, for part 7A, see section 63.

applied law, for a health service employee, means the provisions of the Public Service Act 2008 as applied, under a regulation under section 23 of that Act, to the employee.

appoint, a person as a health service employee, means--

(a) for a person who is a public service officer or is already a tenured health service employee--promote or redeploy the officer or employee; or
(b) for another person--employ the person as a health service employee.

appointed day means 1 July 1991.

auditor means a person holding office as an auditor under an appointment under section 52.

Australian Health Care Agreement means the agreement dated 31 August 2003 between the Commonwealth and the State entered into under the Health Care (Appropriation) Act 1998 (Cwlth).

authorised person means a person holding office as an authorised person under an appointment under section 39.

award means an award under the Industrial Relations Act 1999 or Workplace Relations Act 1996 (Cwlth) or a modern award under the Fair Work Act 2009 (Cwlth).

blameworthy act, for part 4B, division 4, see section 38O.

case mix funding arrangement means the arrangement for funding public sector health services that includes the system of funding based on the classification of patient care episodes.

casual health service employee see section 24.

chain of events document, for part 4B, see section 38G.

chairperson, of a council, means the chairperson of the council.

chief health officer means the chief health officer under section 57B.

commencement, for part 9, division 6, see section 83.

commissioning authority, for part 4B, see section 38G.

committee, for part 4, division 2, see section 30.

confidential information, for part 7, see section 60.

contracted health service employee see section 24.

coroner, for part 4B, see section 38G.

council means a health community council established under section 28L.

designated person, for part 7, see section 60.

directive means--

(a) a directive issued under section 27; or
(b) a directive issued under the Public Service Act 2008 that is binding on health service employees.

dissolved authority means a regional health authority formerly in existence under this Act.

district means a health service district declared under section 6.

elective surgery, for part 4A, see section 38A.

elective surgery waiting list, for part 4A, see section 38A.

excluded notifiable conduct, for a registered health practitioner, means the practitioner has--

(a) practised the practitioner's profession while intoxicated by alcohol or drugs; or
(b) practised the practitioner's profession in a way that constitutes a significant departure from accepted professional standards but not in a way that placed the public at risk of substantial harm; or
(c) engaged in sexual misconduct in connection with the practice of the practitioner's profession.

former council, for part 9, division 6, see section 83.

former designated person, for part 7, see section 60.

funding arrangement, for a public sector health service, means the arrangement for funding the health service, and includes--

(a) the arrangement for funding public sector health services under the Australian Health Care Agreement; and
(b) the case mix funding arrangement; and
(c) the resource allocation funding model.

guardian, for part 7, see section 60.

health executive means a person who is appointed, under section 28E, as a member of the health executive service.

health executive service means the health executive service established under section 28A.

health practitioner registration Act, for part 7, see section 60.

health professional, for part 7, see section 60.

Health Quality and Complaints Commission means the Health Quality and Complaints Commission established under the Health Quality and Complaints Commission Act 2006.

health service see section 3.

health service area means a health service area declared under section 6A.

health service area plan, for a health service area, means a plan that guides the development and delivery of public sector health services in the health service area.

health service employee means a person appointed under section 24.

health service facility, for part 4B, see section 38G.

health services agreement, for a district, means an administrative arrangement between the general manager of the health service area in which the district is situated and the manager for the district, about the delivery in the district of the public sector health services under the arrangement and funds for their delivery.

health services land means land and buildings from which public sector health services are delivered.

higher classification level means a classification level that is a higher classification level under a directive.

hospital includes any premises for the reception and treatment of the sick.

impairment see the Health Practitioner Regulation National Law (Queensland), section 5.

industrial agreement means an industrial agreement, certified agreement or enterprise flexibility agreement under the Industrial Relations Act 1999.

information, for part 4B, division 5, see section 38R.

inspector means a person appointed under section 63A as an inspector.

investigator means a person holding office as an investigator under an appointment under section 52.

lower classification level means a classification level that is a lower classification level under a directive.

manager, for a district, means the person appointed as the manager for the district under section 22.

member means a member of a council.

National Agency see the Health Practitioner Regulation National Law (Queensland), section 5.

notice, for part 4B, see section 38G.

official means an auditor or investigator.

official traffic sign has the meaning given by the Transport Operations (Road Use Management) Act 1995.

owner, of a vehicle, includes the person registered as the owner of the vehicle under--

(a) the Transport Operations (Road Use Management) Act 1995; or
(b) the corresponding law of another State or a Territory.

parent, for part 7, see section 60.

performance agreement means an agreement that states the criteria against which the performance of a person in an employment position is to be assessed.

personal details requirement see section 63ZB(5).

prescribed public hospital, for part 4A, see section 38A.

private health facility, for part 4B, see section 38G.

promote, a public service officer or tenured health service employee, means employ the officer or employee at a higher classification level (whether or not on different duties), other than temporarily.

public hospitals performance report, for part 4A, see section 38A.

public risk notifiable conduct, for a registered health practitioner, means the practitioner has--

(a) placed the public at risk of substantial harm in the practitioner's practice of the profession because the practitioner has an impairment; or
(b) placed the public at risk of substantial harm because the practitioner has practised the profession in a way that constitutes a significant departure from accepted professional standards.

public sector health service means a health service provided by the State, and includes a health service declared under a regulation to be a public sector health service, but does not include a health service declared under a regulation not to be a public sector health service.

public sector health service facility see section 60.

public sector hospital means a hospital operated by the State.

public service officer means a public service officer within the department.

RCA report, for part 4B, see section 38G.

RCA team see section 38G.

redeploy, a public service officer or tenured health service employee, means employ the officer or employee, with the officer or employee's consent, at a lower classification level (whether or not on different duties), other than temporarily.

registered health practitioner means an individual who--

(a) is registered under the Health Practitioner Regulation National Law to practise a health profession, other than as a student; or
(b) holds non-practising registration under the Health Practitioner Regulation National Law in a health profession.

regulatory notice see section 44.

relevant person, for part 4, division 2, see section 30.

relevant person, for part 4B, see section 38G.

reportable event see section 38G.

reprisal means a reprisal as mentioned in section 38ZF(3).

resource allocation funding model means the arrangement for funding public sector health services delivered in a health service area based mainly on the number, composition and health service needs of the area's residents.

root cause analysis or RCA see section 38H.

security officer means a person holding office as a security officer under an appointment under section 39.

stated public hospital, for part 4A, see section 38A.

State-wide health service, for part 3C, see section 28ZB.

State-wide health services plan means the plan that guides the development and delivery of public sector health services in Queensland.

surgical outpatient waiting list, for part 4A, see section 38A.

takes a reprisal means the taking of a reprisal as mentioned in section 38ZF(3).

teaching hospital means a hospital approved as a teaching hospital under section 29.

temporarily means for a period limited by time, whether or not the time has been fixed.

temporary health service employee see section 24.

tenured health service employee see section 24.

transition period, for part 9, division 6, see section 83.

user see section 3A.

vehicle has the meaning given by the Transport Operations (Road Use Management) Act 1995.



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