Conditions of approval - providers under the Coal Mine Workers' Health Scheme

The following standard conditions apply to all approved providers undertaking a function for the Coal Mine Workers' Health Scheme. Special conditions may also be imposed in some circumstances.

Standard conditions of approval

By this approval, the holder agrees to carry out any activity under the scheme authorised by this approval subject at all times to the following conditions:

1. (Compliance with law) The approval holder must comply, and must ensure its personnel complies, with all applicable law, including the provisions of the Coal Mining Safety and Health Act 1999 (Qld) (Act) and the Coal Mining Safety and Health Regulation (Regulation), as amended from time to time, in connection with the carrying out of any scheme function or other activity authorised by this approval.

2. (Compliance with ongoing qualification, training and experience requirements) The approval holder must ensure it complies with and maintains all ongoing requirements, including qualifications, training and experience required by:

   1. Resources Safety & Health Queensland (RSHQ), for the provider to become approved and maintain approval as an approved provider; and
   2. RSHQ's accreditation provider, for the provider to become and maintain accreditation (if applicable), as updated from time to time.

3. (Compliance with guidelines, policies, standards, forms) The approval holder must comply with all guidelines, policies, standards and forms issued or endorsed by RSHQ, as updated from time to time, including:

   1. the 'CMWHS Clinical Pathways Guideline' for all coal mine worker health assessments, which the approval holder must implement unless there is a valid medical reason for an alternate course of action;
   2. the 'Standards for acquiring digital chest radiography images for medical surveillance of Queensland coal mine workers';
   3. Thoracic Society of Australia and New Zealand's (TSANZ) 'Standards for the delivery of spirometry for coal mine workers';
   4. TSANZ's 'Standards for spirometry training courses'; and
   5. health assessment and exit assessment forms.

4. (Due care and skill) The approval holder and its personnel must act with due care and skill in carrying out, and have the skill, competence, experience, capacity, qualifications and resources necessary to carry out, any scheme function or other activity authorised by this approval.

5. (Reasonable request) The approval holder must cooperate with any reasonable process or request of RSHQ and third parties engaged by RSHQ for the purpose of administering the scheme. The approval holder must respond to requests for information within 5 business days. If required, the approval holder must participate in verbal case conferencing with RSHQ to clarify health assessment content.

6. (Indemnity) The approval holder agrees to release, discharge and indemnify RSHQ and its personnel from and against any claim, action, proceeding, demand, liability, obligation, costs (including legal costs), losses, damages or expenses, including those arising out of the terms of any settlement (Claim) that may be brought against or made upon or incurred by any of them (whether in contract, tort including negligence, or otherwise) in connection with any:

   1. failure to comply with applicable law by the holder or its personnel;
   2. wilful default or wilful misconduct of the holder or its personnel;
   3. breach of these conditions by the holder or its personnel; or
   4. Claim by a third party in connection with the approval holder's carrying out of any scheme function or other activity authorised by this approval, except to the extent that RSHQ or its personnel caused or contributed to the Claim.

7. (Insurances) The approval holder must hold and maintain sufficient insurance cover for any reasonably foreseeable losses that might result from carrying out any activity authorised by this approval, including medical malpractice/medical indemnity, workers' compensation, public liability and products and occupier liability insurance.

8. (Records) The approval holder must create and maintain records in connection with its carrying out of any scheme function or other activity authorised by this approval in accordance with industry best practice and law, including section 50 of the Regulation. The approval holder must give RSHQ reasonable access to records on reasonable request, including any records associated with a scheme function or other activity authorised by this approval.

9. (Providers engaged must be approved) The approval holder must ensure that any party engaged by it to perform a scheme function for which approval is required is approved to carry out the scheme function and performs the scheme function in accordance with the Regulation.

10. (Health assessment reports) Where the approval holder is an appointed medical adviser or doctor within the meaning of the Regulation, the approval holder must keep, in the approved way for the approved period:

    1. the following documents for each assessment for which the adviser or doctor completes a report in accordance with section 50(1) of the Regulation:
       1. a copy of the approved form completed for the assessment;
       2. the information or documents on which the assessment was based; and
    2. each review report given by the approval holder in accordance with section 50(2) of the Regulation.

    Where the approval holder is an appointed medical adviser or doctor within the meaning of the Regulation, the approval holder must give RSHQ, in the approved way, a copy of each document required to be kept under section 50 of the Regulation:

    1. for a document relating to an assessment, within 28 days after the assessment is completed; or
    2. for a review report, within 28 days after the report is completed, in accordance with section 50A of the Regulation.

11. (Ownership of records) The approval holder acknowledges that a document required to be kept under section 50 of the Regulation, including a copy of the approved form completed for an assessment and the information and documents on which the assessment was based, is a record of RSHQ in accordance with section 51 of the Regulation. The approval holder must obtain any necessary assignments from the approval holder's personnel in respect of such documents to ensure that RSHQ is the owner of the documents and any copyright in the documents. Despite RSHQ's ownership, the approval holder may retain a copy of any documents which it requires to carry out any scheme function or other activity authorised by this approval and which it is required by law to maintain, including pursuant to section 50(1) of the Regulation.

12. (Confidential Information) 'Confidential Information' means all information that is by its nature confidential, including:

    1. any materials created by the approval holder in the course of carrying out any scheme function or other activity authorised by this approval;
    2. information acquired by the approval holder in the course of discussions with RSHQ;
    3. business and clinical processes and procedures, policies and operational and planning documents;
    4. all associated notes, calculations, memoranda, reports, documents, communications and copies of the aforesaid created by the approval holder, its key personnel, officers, directors, employees, agents or sub-contractors in the course of carrying out any activity authorised by this approval;
    5. information or material proprietary to RSHQ;
    6. information designated in writing as confidential by RSHQ from time to time;
    7. information the approval holder knows or ought to know is confidential;
    8. information imparted in confidence to the approval holder by RSHQ; and
    9. any other information classifiable in equity as confidential information.

    The term Confidential Information extends to all forms of storage or representation of the information referred to above including, but not limited to, information stored on the ResHealth Portal, loose notes, diaries, memoranda, drawing, photographs, electronic storage and computer printouts and is not restricted to information which would be designated as 'confidential' in equity.

    However, Confidential Information does not include:

    1. information in the public domain as at the date of this approval;
    2. information that is or becomes generally available to the public other than as a result of a disclosure by the holder in breach of this approval; or
    3. information that becomes available to the approval holder, on a non-confidential basis from a source other than RSHQ which has represented to the approval holder that it is entitled to disclose such information.

    The approval holder must keep confidential all Confidential Information which it obtains or creates in carrying out any scheme function or other activity authorised by this approval and not use it except for the purposes of carrying out the scheme function or activity and exceptions noted in these conditions.

13. (Disclosure) The approval holder must not disclose Confidential Information except to its personnel on a need to know basis for the purpose of carrying out any scheme function or other activity authorised by this approval, or with RSHQ's consent, or to the extent required by law, or to its professional advisers. Where the approval holder makes a permitted disclosure of the Confidential Information to a third party, the approval holder must inform the third party of the confidential nature of the Confidential Information, and will be responsible for all use and disclosure of the Confidential Information by the recipient’s personnel and professional advisers.

The approval holder must not disclose to anyone the contents of a coal mine worker's medical record (being personal medical results or clinical findings obtained from an assessment or review mentioned in section 48 or 48A of the Regulation, for the worker) obtained by the approval holder under Division 2 – Coal Mine Workers’ Health Scheme of the Regulation in accordance with section 52 of the Regulation, except:

1. if the approval holder is an appointed medical adviser, in which case the approval holder may disclose the contents of the medical record to the coal mine worker or another person with the consent of the coal mine worker; or
2. pursuant to a law of the Commonwealth, if applicable, to the extent that it is inconsistent with the restriction upon disclosure in the Regulation (for example, disclosure pursuant to the Privacy Act 1988 (Cth), if that Act applies, with the coal mine worker's written consent).

14. (Privacy) The approval holder will collect or have access to information or an opinion (including information or an opinion forming part of a database, including information stored on the ResHealth Portal), whether true or not, and whether recorded in a material form or not about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion (Personal Information) in order to carry out of any activity authorised by this approval. When carrying out any activity authorised by this approval the approval holder must:

1. if RSHQ is an 'agency' and the approval holder is a 'contracted service provider' for the Information Privacy Act 2009 (Qld), other than for chapter 3 of the Information Privacy Act 2009 (Qld) – comply with those parts of Chapter 2 of the Information Privacy Act 2009 (Qld) which are applicable to RSHQ, as if the approval holder were RSHQ; or
2. otherwise – comply with the Australian Privacy Principles in the Privacy Act 1988 (Cth).

The approval holder must:

1. not transfer any Personal Information collected or accessed in connection with this approval, outside of Australia, except with the prior written consent of RSHQ; and
2. take any steps to prevent unauthorised use or disclosure of Personal Information collected or accessed in connection with the carrying out of any activity authorised by this approval that are reasonably notified by RSHQ.

15. (Auditing) The approval holder must, upon 5 business days' notice, permit RSHQ officers, or any persons nominated by RSHQ (Auditors), supervised access during normal business hours to the approval holder's premises, books, records, documents, computer systems, equipment and other property to verify compliance by the approval holder with the applicable requirements and its obligations in carrying out any scheme function or other activity authorised by this approval, and its likely capacity to continue to comply. The approval holder must, upon 5 business days' notice during normal business hours, provide RSHQ officers, or Auditors nominated by RSHQ, information or records to verify the accuracy of reporting and other clinical services provided for the scheme. The approval holder must comply with requests for assistance and information by Auditors at the approval holder's expense.

16. (Notification of change in circumstances - ongoing disclosure obligation) The approval holder must notify RSHQ of certain facts or changes in the approval holder's circumstances within 20 business days of the relevant fact or change arising, including:

    1. a change in name, address or contact details of the approval holder or the approval holder's authorised representative;
    2. any new conditions, undertakings, cautions or reprimands on the approval holder's Australian Health Practitioner Regulation Agency (AHPRA) registration;
    3. any new suspensions or cancellations of the approval holder's AHPRA registration;
    4. any disciplinary or other legal proceedings (including coronial proceedings or proceedings in a civil court) or investigations, complaints or other notifications (including AHPRA or health ombudsman related matters) relating to current or former patients of the approval holder (including any adverse outcomes or complications) or the approval holder's role;
    5. a finding of liability or guilt in relation to an offence under the Act or the Regulation or a conviction of a criminal offence;
    6. the approval holder's professional indemnity membership or insurance being made conditional, not renewed or limited; or
    7. any other issue relevant to whether the approval holder will likely carry out, or be perceived to carry out, the scheme function to the standards expected of a person or practice engaged in the relevant profession including any issues relating to the approval holder's ability to carry out the scheme function safely, competently and ethically.

17. (Conflicts of interest) The approval holder must notify RSHQ if a conflict of interest exists or is likely to arise in connection with the carrying out of any scheme function or other activity authorised by this approval.

18. (Suspension/cancellation) If the approval holder's approval is suspended or cancelled in accordance with the Regulation, the approval holder must promptly notify any referrer for which they have commenced or completed health assessments in the previous 3 months of that suspension or cancellation.

    If requested by RSHQ, on suspension or cancellation of this approval, the approval holder must promptly return or destroy (at RSHQ's option) all Confidential Information and Personal Information of RSHQ, and any copies of all documents and records created by the approval holder in carrying out any Scheme function or activity authorised by this approval, and will confirm to RSHQ when this has been done. The approval holder may retain a copy of any Confidential Information or Personal Information to the extent required by law, or for the approval holder’s reasonable internal credit, risk, insurance, legal and professional responsibilities.

19. (Workers' compensation) The approval holder must communicate sufficient information to a worker diagnosed with a respiratory injury, regarding the workers' compensation application process under the Workers' Compensation and Rehabilitation Act 2003 (Qld) within a timely manner.

    This includes providing the worker with either an electronic copy or hard copy of the current version of the Mine Dust Lung Diseases information for current coal mine workers booklet or another related document advised by RSHQ from time to time.

    This condition is necessary to support a streamlined process for workers diagnosed with respiratory injuries to access information regarding their workers' compensation rights in Queensland.

    This aligns with the purposes of the Scheme which includes ensuring that coal mine workers who have respiratory abnormalities are referred for diagnosis and management.

    Workers diagnosed with work-related respiratory injuries may be entitled to receive compensation in Queensland under the Workers' Compensation and Rehabilitation Act 2003 (Qld) including rehabilitation treatment, medical expenses and/or weekly compensation.

    Supervising doctors are in a position to become aware of a workers' diagnosis of a work-related respiratory injury through the process of performing Scheme functions such as carrying out, supervising and/or reporting on health assessments.

    This condition ensures that the Scheme supports injured workers to access timely information regarding their workers' compensation rights.