This article applies to public health services.
Hospital and Health Boards Regulation 2023 (Qld)
On 1 September 2023, the Hospital and Health Boards Regulation 2023 (Qld) (the Regulation) commenced to replace the expired Hospital and Health Boards Regulation 2012 (Qld). Although the Regulations are substantially similar, there have been some significant changes to the agreements under which disclosure of confidential information is permitted.
Disclosure of confidential information
Regulation 51 of the Regulation has amended the circumstances in which confidential information may be disclosed, prescribing an updated list of entities to which such information may be given. The following entities are no longer prescribed:
- Hardes & Associates, for reviewing patterns of health services delivery, and projecting the future demand for, and supply of, health services;
- the relevant statistical research entity for collecting and evaluating data for the purpose of patient satisfaction surveys; and
- the Departments of Communities, Child Safety and Disability Services and the Department of Housing and Public Works for the purpose of the Joint Action Plan.
The Regulation has also updated old terminology, from Medicare Australia to Services Australia, and the Australian Childhood Immunisation Register is now referred to as the Australian Immunisation Register.
Under regulation 52 and Schedule 8 of the Regulation, the following agreements have been repealed as an agreement under which information may be disclosed under sections 151 of the Hospital and Health Boards Act 2011 (Qld) (the Act):
- the agreement made on 12 June 2020 called ‘Hospital services arrangement between the Commonwealth of Australia and the Repatriation Commission and the Military Rehabilitation and Compensation Commission and the State of Queensland’;
- the agreement between Queensland and Victoria for the funding of admitted and non-admitted patient services provided to residents of Queensland by Victoria and residents of Victoria by Queensland, 1 July 2009 onwards;
- the agreement of 2010 called ‘Memorandum of Understanding between the State of Queensland through Queensland Health and the State of Queensland through Queensland Government Insurance Fund, Queensland Treasury, in relation to reciprocal information sharing’; and
- the agreement of 2010 called ‘Memorandum of Understanding between the State of Queensland acting through Queensland Health and the State of Queensland acting through the Department of Community Safety (Queensland Ambulance Service), for transmission of CCTV images.
The following agreements have also been amended so that they lapse on 30 June 2025:
- the agreement between Queensland and the Australian Capital Territory for the funding of health services provided to residents of Queensland by the Australian Capital Territory and vice versa;
- the agreement between Queensland and the Northern Territory for the funding of health services provided to residents of Queensland by the Northern Territory and vice versa;
- the agreement between Queensland and South Australia for the funding of health services provided to residents of Queensland by South Australia and vice versa;
- the agreement between Queensland and Tasmania for the funding of health services provided to residents of Queensland by Tasmania and vice versa; and
- the agreement between Queensland and Western Australia for the funding of health services provided to residents of Queensland by Western Australia and vice versa.
Conclusion
Organisations should update their processes and procedures to ensure that they align with the changes to the prescribed agreements for the disclosure of confidential information.
