Legal Policy Framework
View the PDF document of the Legal Policy Framework.
1. Policy framework statement
The Legal Policy Framework specifies the requirements that all Health Service Providers (HSPs) must comply with in order to ensure an effective and consistent legal approach across the WA health system.
The Director General (DG) of the Department of Health is the System Manager responsible for the overall management, strategic direction and stewardship of the WA health system. The DG will use policy frameworks to ensure a consistent approach to a range of matters undertaken by HSPs. Policy frameworks must be complied with and implemented as a part of ongoing operations.
The purpose of this policy framework is to ensure:
- a systemwide approach to the provision of legal advice concerning the WA health system
- consistency of legal advice across the WA health system
- awareness of the availability of legal advice and how to obtain it
- provision of high quality legal advice and support across the WA health system
- effective and timely access to legal advice and support for HSP and staff
- minimisation of HSPs exposure to legal risk
- compliance with the WA Government’s legislative and policy requirements.
This policy framework is binding on each HSP to which it applies or relates.
The key principles that underpin this policy framework are:
Ensure a consistent systemwide approach to legal interpretation, advice, practice and protocols.
Reducing the exposure to risk by setting out clear process and procedures to obtain timely and quality legal advice.
Facilitating the delivery of cost effective legal advice within the accepted practice for government agencies seeking legal advice.
5. Legislative context
The Health Services Act 2016 refers to policy frameworks in ss. 26-27, 34(2)(c), 32, 34, 41(7), 41(8), 237 and s. 238.
The legislation below, may also apply:
- Coroners Act 1996
- Competition and Consumer Act 2010 (Cwith)
- Human Reproductive Technology Act 1991 (WA)
6. Mandatory requirements
Under this policy framework HSPs must comply with all mandatory requirements* including:
- Commercial Activities Policy - MP 0018/16
- Coroners Act 1996 - IC 0008/07
- Development of Primary and Subsidiary Legislation Policy - MP 0019/16
- Legal Arrangements Policy - MP 0022/16
- Medical Indemnity - Salaried Medical Officers & Non-salaried Medical Practitioners Policy - MP 0021/16
- Non-Salaried Medical Practitioners: - Protocol for Notifying and Managing Medical Treatment Liability Claims/Potential Claims (Non-Teaching Hospitals) - OP 1850/04
- Obtaining Legal Advice - MP 0023/16
- Patient Confidentiality Policy - MP 0010/16
- Posthumous Collection of Human Gametes (eggs and sperm) Policy - MP 0024/16
- Protocol Applying To Medical Practitioners Participating In The Ambulatory Surgery Initiative (ASI) and / or The Privately Referred Non-Inpatients Model (PRNI) - OP 2074/06
- Statutory Delegations Ė Delegation of Powers and Duties Pursuant to Legislation - OD 0366/12
- Student Clinical Placement Agreements Policy - MP 0026/16
*Any mandatory requirement document that references the Hospitals and Health Act 1927 must be interpreted as a requirement under the Health Services Act 2016.
7. Supporting information
8. Policy framework custodian
Deputy Director General
Office of the Deputy Director General
Enquiries relating to this policy framework may be directed to:
This policy framework will be reviewed as required to ensure relevance and recency. At a minimum this policy framework will be reviewed within two years after first issue and at least every three years thereafter.
|Version||Effective from||Effective to||Amendment(s)|
|1||1 July 2016||22 February 2018||Original version|
|2||22 February 2018||Current||Major Amendment to MP0019/16|
This policy framework has been approved and issued by the Director General of the Department of Health as the System Manager.
|Approval by||Dr David Russell-Weisz, Director General, Department of Health|
|Approval date||1 July 2016|
|Date published||22 February 2018|
|Dept. File No||F-AA-40326|
This policy framework is binding on those to whom it applies or relates. Implementation at a local level will be subject to audit.
12. Glossary of terms
|Applicability||Under Section 26 of the Health Services Act 2016, policy frameworks may apply to:
|Health Service Provider||Means a Health Service Provider established by an order made under section 32(1)(b) of the Health Services Act 2016.|
|WA health system||Pursuant to section 19(1) of the Health Services Act 2016, means the Department of Health, Health Service Providers and to the extent that Contracted Health Entities provide health services to the State, the Contracted Health Entities.|