Transparency in Government Bill 2015

Introduction Print

EXPLANATORY MEMORANDUM

General

The Transparency in Government Bill 2015 will create a new legislative framework to ensure the timely and regular release of government information concerning the performance of Victoria's ambulance and fire services, public health services and denominational hospitals.

Quarterly release of emergency response times

The Bill will ensure the quarterly release of response times to emergency incidents attended by Ambulance Victoria, the Country Fire Authority (CFA) and the Metropolitan Fire and Emergency Services Board (MFESB).

Publication of statements of priorities

The Bill will also ensure that the key accountability agreements between the Victorian Government and Victoria's ambulance services, public health services and denominational hospitals, known as statements of priorities, are published every year.

Quarterly release of statement of priorities performance data

The Bill will also provide for the quarterly release of health performance data based on key performance indicators in the statements of priorities to provide the public with a regular indication of how Victoria's public health services and denominational hospitals are performing.

Clause Notes

Part 1—Preliminary

Clause 1 sets out the purpose of the Bill. The main purpose of the Bill is to facilitate regular public reporting of performance data by certain emergency and health services, and to ensure transparency in relation to the delivery of these services.

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Clause 2 provides that the Bill will come into operation on a day or days to be proclaimed, or on 1 July 2016 if not proclaimed before that date.

Clause 3 defines terms which are used in the Bill.

The key definitions used in the Bill are—

appliance means any firefighting or emergency vehicle that is used by a member or operational employee of the CFA or by an operational staff member of the MFESB, or any vehicle used by an operational staff member of an ambulance service;

call processing time means the time interval commencing from when the Emergency Services Telecommunications Authority answers a call for emergency assistance to the dispatch of an appliance of the relevant emergency service. Note that, in the case of a complex emergency incident, it is the dispatch of a prescribed appliance to a complex emergency incident that is relevant for determining the time interval (see clause 5(2)(b) and (3)(b)).

complex emergency incident means an emergency incident prescribed for the purposes of clause 5(2)(b) and (3)(b);

denominational hospital has the same meaning as in the Health Services Act 1988;

emergency incident means a high priority incident requiring time critical attendance by an emergency service and includes any emergency incident prescribed for the purposes of this definition. This is intended to include those incidents where response time to the emergency incident is directly relevant to whether life or property is preserved;

emergency service means any or all of the following—

an ambulance service;

the CFA;

the MFESB;

public health service has the same meaning as in the Health Services Act 1988;

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rolling information period means the period specified in clause 20(2). The response times that will be reported in accordance with Part 2 of the Bill will be derived from the data collected over the rolling information period;

statement of priorities means any of the following—

in relation to an ambulance service, a statement of priorities prepared under section 22F of the Ambulance Services Act 1986;

in relation to a denominational hospital, a statement of priorities prepared under section 44A of the Health Services Act 1988;

in relation to a public health service, a statement of priorities prepared under section 65ZFA of the Health Services Act 1988;

50th percentile, in relation to response times, means the response time at or below which 50 per cent of emergency incidents are responded to. This is intended to represent the median response time to emergency incidents;

90th percentile, in relation to response times, means the response time at or below which 90 per cent of emergency incidents are responded to.

Clause 4 provides that the objective of the Bill is to facilitate transparency in government by—

making information about performance that is required by the Bill readily and continuously available to the public; and

providing that information in easy to understand, relevant and meaningful formats; and

encouraging the provision of additional information in reports required under the Bill; and

improving the accountability and performance of certain emergency and health services by enabling greater public scrutiny based on the information provided under the Bill.

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Part 2—Response timesPart 2 of the Bill provides for the quarterly publication of response times to emergency incidents by the emergency services. The Bill will require the quarterly publication of 50th and 90th percentile response times for ambulance services, the MFESB and the CFA. A report will be based on data collected during the four quarterly information periods specified in column 1 of the table in clause 20(1) preceding the relevant publication date, and will be reported by municipal district.

Clause 5 provides a different meaning of response time in relation to ambulance services, the MFESB and the CFA. This ensures that response times reported for these emergency services only reflect their performance.

Subclause (1) provides that, in relation to ambulance services, the response time means the time taken from receipt of a call by the Emergency Services Telecommunications Authority to the first arrival at the scene of an emergency incident by an operational staff member, as defined in the Ambulance Services Act 1986. This means a person who is employed or engaged (whether on a paid or voluntary basis) by an ambulance service as an ambulance paramedic or an intensive care paramedic, or in any other capacity to provide medical or other assistance to patients in an emergency. Note that any arrival at the scene by a member or operational employee of the CFA, or an operational staff member of the MFESB, would fall under either subclause (2) or subclause (3), depending upon where the incident occurred.

Subclause (2) provides that in relation to MFESB services in the metropolitan district, the response time means the time taken from receipt of a call by the Emergency Services Telecommunications Authority to the arrival of—

in the case of an emergency incident, the first appliance at the scene of the emergency incident; or

in the case of a complex emergency incident, the first prescribed appliance at the scene of an emergency incident prescribed to be a complex emergency incident.

Subclause (3) provides that in relation to CFA services in the country area of Victoria, the response time means the time taken from receipt of a call by the Emergency Services Telecommunications Authority to the arrival of—

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in the case of an emergency incident, the first appliance at the scene of the emergency incident; or

in the case of a complex emergency incident, the first prescribed appliance at the scene of an emergency incident prescribed to be a complex emergency incident.

Subclauses (2) and (3) are designed such that, regardless of whether a MFESB or CFA appliance arrives at the scene of the incident, it will be reported as an MFESB response time if the incident occurred in the metropolitan district or as a CFA response time if the incident occurred in the country area of Victoria respectively. The provision for complex emergency incidents recognises that certain emergency incidents are attended by specialised appliances in addition to more standard appliances, and that it is the response time of the specialised appliance which is most relevant and important to the public. For each prescribed complex emergency incident, a corresponding type of appliance will be prescribed for that specific type of complex emergency incident.

Subclause (4) provides that, if the Governor in Council makes regulations under clause 23(1)(a) prescribing emergency incidents for which the response times are to be reported against, the regulations may specify that the response times for the prescribed emergency incidents do not include the call processing time. This allows the Bill to accommodate the reporting of response times when the response of an emergency service to an emergency incident is not triggered by a call for emergency assistance from a member of the public to the Emergency Services Telecommunications Authority.

Clause 6 establishes the requirement for quarterly reporting of ambulance service response times.

Subclause (1) provides that the Minister administering the Ambulance Services Act 1986 must cause a report to be prepared specifying the 50th and 90th percentile response times to emergency incidents by municipal district for ambulance services over the relevant rolling information period. For example, a report published on 1 November 2017 would specify the ambulance service's 50th and 90th percentile response times derived from data between 1 October 2016 and 30 September 2017 (inclusive).

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As an alternative to reporting percentile response times, subclause (2) allows a report to specify individual response times where there are fewer than 10 incidents of that emergency incident type in a municipal district in the relevant rolling information period.

Subclause (3) provides that the Minister must cause each quarterly response time report to be published on a website administered by the relevant government department by the publication date specified in column 2 of the table in clause 20(1). This means that reports will be released by 1 February, 1 May, 1 August and 1 November of each year.

Subclauses (4) and (5) provide the Minister with the power to request the board of an ambulance service to provide any relevant information and assistance for the purposes of preparing quarterly response time reports. Such a request must be complied with.

Clause 7 establishes the requirement for quarterly reporting of MFESB response times.

Subclause (1) provides that the Minister administering the Metropolitan Fire Brigades Act 1958 must cause a report to be prepared specifying the 50th and 90th percentile response times to emergency incidents by municipal district for MFESB services over the relevant rolling information period. For example, a report published on 1 November 2017 would specify the MFESB's 50th and 90th percentile response times derived from data between 1 October 2016 and 30 September 2017 (inclusive).

As an alternative to reporting percentile response times, subclause (2) allows a report to specify individual response times where there are fewer than 10 incidents of that emergency incident type in a municipal district in the relevant rolling information period.

Subclause (3) provides that the Minister must cause each quarterly response time report to be published on a website administered by Emergency Management Victoria by the publication date specified in column 2 of the table in clause 20(1). This means that reports will be released by 1 February, 1 May, 1 August and 1 November of each year.

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Subclauses (4) and (5) provide the Minister with the power to request the MFESB to provide any relevant information and assistance for the purposes of preparing quarterly response time reports. Such a request must be complied with.

Clause 8 establishes the requirement for quarterly reporting of CFA response times.

Subclause (1) provides that the Minister administering the Country Fire Authority Act 1958 must cause a report to be prepared specifying the 50th and 90th percentile response times to emergency incidents by municipal district for CFA services over the rolling information period. For example, a report published on 1 November 2017 would specify the CFA's 50th and 90th percentile response times derived from data between 1 October 2016 and 30 September 2017 (inclusive).

As an alternative to reporting percentile response times, subclause (2) allows a report to specify individual response times where there are fewer than 10 incidents of that emergency incident type in a municipal district in the relevant rolling information period.

Subclause (3) provides that the Minister must cause each quarterly response time report to be published on a website administered by Emergency Management Victoria by the publication date specified in column 2 of the table in clause 20(1). This means that reports will be released by 1 February, 1 May, 1 August and 1 November each year.

Subclauses (4) and (5) provide the Minister with the power to request the CFA to provide any relevant information and assistance for the purposes of preparing quarterly response time reports. Such a request must be complied with.

Clause 9 allows the Minister to delay the preparation and quarterly publication of a report under Part 2 of the Bill in certain circumstances.

The first circumstance set out in subclause (1)(a) is where preparing a report to meet the quarterly publication date would unreasonably divert the resources of an emergency service from a major emergency, as defined in the Emergency Management Act 2013.

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The second circumstance set out in subclause (1)(b) is where prolonged and sustained industrial action has a material impact on the capacity of the emergency service to provide information and assistance to enable the Minister to cause the report to be published by the publication date.

Subclause (2) clarifies that multiple consecutive reports may be delayed on these grounds, should the circumstances span multiple publication dates, provided that a quarterly report for each rolling information period is ultimately published.

If a Minister delays the publication of a report, subclause (3) requires the Minister to make a statement announcing the delay and the reason for the delay. The statement must be published according to the same reporting deadline and on the same website as the delayed report would otherwise have been published.

Subclause (4) requires that the Minister ensure that all delayed reports are published as soon as practicable once the Minister no longer considers that publication should be delayed on either of the grounds set out in subclause (1), but not later than the next publication date for which the required report will not be delayed.

Part 3—Statement of prioritiesPart 3 of the Bill provides for the publication of statements of priorities for ambulance services, public health services and, where relevant, denominational hospitals. It then establishes a requirement for quarterly reporting of performance against certain indicators contained in these statements of priorities (with some exceptions).

Statements of priorities are annual accountability agreements which outline the key performance expectations, targets and funding for the year as well as government service priorities. The board of an ambulance service or public health service is required to prepare a statement of priorities for submission to the relevant Minister, while the board of a denominational hospital may elect to do so.

Statements of priorities include performance indicators, grouped under broader performance categories. Performance indicators may vary between different public health services, for example, due to differences between the size of each service, the scope of medical procedures undertaken, and so on. The performance targets set for each performance indicator may also vary between different statements of priorities.

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All reports or statements required to be published under this Part must be published on a website managed and administered by the relevant government department.

Division 1—Publication of statement of prioritiesDivision 1 of Part 3 establishes a requirement that any statement of priorities for an ambulance service, public health service or denominational hospital be published online by 1 November each year. As denominational hospitals are not required to prepare a statement of priorities, publication is only required where the board of the denominational hospital and the Minister has agreed to a statement of priorities.

Clause 10 provides for the publication of an ambulance service statement of priorities, which is made under section 22F of the Ambulance Services Act 1986.

Subclause (1) provides that the Minister administering the Ambulance Services Act 1986 must cause any statement of priorities for an ambulance service to be published on or before 1 November in the relevant financial year.

If the Minister and an ambulance service fail to agree on a statement of priorities in time to meet the 1 November publication date in a given financial year, subclause (2) requires the Minister to cause a notification statement, including reasons for the delay, to be published by the relevant publication date. Once a delayed statement of priorities has been agreed upon, subclause (3) requires that the Minister cause it to be published as soon as is practicable or within one month, whichever is sooner.

Where a variation is made to an ambulance service statement of priorities under section 22F of the Ambulance Services Act 1986, subclause (4) requires that the Minister publish an updated version as soon as practicable or within one month, whichever is sooner.

The performance targets contained in a statement of priorities are sometimes varied. In those cases, subclause (5) requires the Minister to cause the publication of a table on or by each quarterly publication date specifying any updated performance targets as an alternative to publishing an updated version of a statement of priorities under subclause (4).

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Clause 11 provides for the publication of statements of priorities for public health services, which are made under section 65ZFA of the Health Services Act 1988.

Subclause (1) provides that the Minister administering the Health Services Act 1988 must cause the statement of priorities for a public health service to be published on or before 1 November in the relevant financial year.

If the Minister and the board of a public health service fail to agree on a statement of priorities in time to meet the 1 November publication date in a given financial year, subclause (2) requires the Minister to cause a notification statement, including reasons for the delay, to be published by the relevant publication date. Once agreement has been reached, subclause (3) requires that the Minister cause the statement of priorities to be published as soon as practicable or within one month, whichever is sooner.

Where a variation is made to a public health service statement of priorities under section 65ZFA of the Health Services Act 1988, subclause (4) requires that the Minister publish an updated version as soon as is practicable or within one month, whichever is sooner.

The performance targets contained in a statement of priorities are sometimes varied. In those cases, subclause (5) requires the Minister to cause the publication of a table on or by each quarterly publication date specifying any updated performance targets, as an alternative to publishing an updated version of a statement of priorities under subclause (4).

Clause 12 provides for the publication of denominational hospital statements of priorities, which are made under section 44A of the Health Services Act 1988. Unlike ambulance services and public health services, the board of a denominational hospital is not required to prepare a statement of priorities—however, if they do prepare and agree on a statement of priorities with the Minister, the following requirements apply.

Subclause (1) provides that the Minister administering the Health Services Act 1988 must cause any statement of priorities for a denominational hospital to be published on or before 1 November in the relevant financial year.

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Where the Minister and the board of a denominational hospital have failed to agree on a statement of priorities in a period that would allow the Minister to publish the statement of priorities by 1 November in a given financial year, but have then later agreed to a statement of priorities, subclause (2) requires the Minister to cause the publication of the agreed statement of priorities as soon as practicable or within one month, whichever is sooner.

Where a denominational hospital statement of priorities is varied under the Health Services Act 1988, subclause (3) requires that the Minister publish an updated version as soon as is practicable or within one month, whichever is sooner.

The performance indicator targets contained in a statement of priorities are sometimes varied. In those cases, subclause (4) requires the Minister to cause the publication of a table on or by each quarterly publication date with any updated targets, as an alternative to publishing an updated version of a statement of priorities under subclause (3).

Division 2—Quarterly reporting requirementsDivision 2 of Part 3 creates a system of quarterly performance reporting for each public health service and denominational hospital with a statement of priorities. In contrast with the reporting of emergency service response times under Part 2, where response times are based on data over the rolling information period, reports under this Division are based on the quarterly information periods in column 1 of the table in clause 20(1). For example, a report published by 1 November 2017 would be based on performance data from 1 July 2017 to 30 September 2017 (inclusive).

In ordinary cases, the report must contain performance data for those performance indicators in the statement of priorities for the public health service or denominational hospital in question which are also specified in the notice issued by the Minister in accordance with clause 17. This is intended to ensure that public health services and denominational hospitals publicly report performance data against the performance indicators that have been agreed to in their statement of priorities.

Clause 13 provides for the quarterly reporting of public health service performance data.

Subclause (1) requires the Minister administering the Health Services Act 1988 to cause a quarterly report to be prepared for each public health service, setting out data in respect of that

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public health service's performance against those performance indicators in its statement of priorities which also appear in the notice issued under clause 17(1). Note that Division 3 of Part 3 of the Bill contains some exceptions to this requirement.

Subclause (2) requires that the Minister cause such a quarterly report to be published by the quarterly publication date set out in column 2 of the table in clause 20(1) in respect of each quarterly information period specified in column 1 of the table in clause 20(1). The publication date allows the Minister one month after the end of the quarterly information period to cause the preparation and publication of the report.

As some public health services are comprised of several distinct hospitals, subclause (3) permits a report to present the data in respect of individual hospitals instead of presenting aggregated data for the whole public health service.

Subclauses (4) and (5) provide the Minister with the power to request the board of a public health service to provide any relevant information and assistance for the purposes of preparing reports under Division 2 of Part 3 of the Bill. Such a request must be complied with.

Clause 14 provides for the quarterly reporting of performance data by denominational hospitals, where applicable.

Subclause (1) requires the Minister administering the Health Services Act 1988 to cause a quarterly report to be prepared for each denominational hospital, setting out data in respect of that denominational hospital's performance against those performance indicators in its statement of priorities which also appear in the notice issued under clause 17(1). Note that Division 3 of Part 3 of the Bill contains some exceptions to this requirement.

Subclause (2) requires that the Minister cause a quarterly report to be published by the publication date set out in column 2 of the table in clause 20(1) in respect of each quarter by information period specified in column 1 of the table in clause 20(1). The publication date allows the Minister one month after the end of the quarterly information period to cause the preparation and publication of the report.

As some denominational hospitals are comprised of several distinct hospitals, subclause (3) permits a report to present the

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data in respect of individual hospitals instead of presenting aggregated data for the whole denominational hospital.

Subclauses (4) and (5) provide the Minister with the power to request the board of a denominational hospital to provide any relevant information and assistance for the purposes of preparing these reports. Such a request must be complied with.

Clause 15 provides that quarterly reporting can occur in respect of a quarter where a public health service does not have an agreed statement of priorities in time to report according to the requirements in clause 13.

In such cases, subclause (1) provides that the Minister can cause quarterly reports to be prepared according to the ordinary timeframes, but using any performance indicators specified in the notice issued under clause 17(1) that are relevant to the performance of the public health service.

Once the statement of priorities has been agreed, subclause (2) requires that reporting occur according to the ordinary requirements of clause 13, commencing with the next full quarterly information period.

Subclauses (3) and (4) provide the Minister with the power to request the board of a public health service to provide any relevant information and assistance for the purposes of preparing these reports. Such a request must be complied with.

Clause 16 provides for quarterly reporting in respect of a quarter where a denominational hospital does not have an agreed statement of priorities in time to report according to the requirements in clause 14.

In such cases, subclauses (1) and (2) provide that the Minister can cause quarterly reports to be prepared according to the ordinary timeframes, but using any performance indicators specified in the notice issued under clause 17(1) that are relevant to the performance of the denominational hospital.

Once the statement of priorities has been agreed, subclause (3) requires reporting according to the ordinary requirements of clause 14, commencing with the next full quarterly information period.

Subclauses (4) and (5) provide the Minister with the power to request the board of a denominational hospital to provide any

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relevant information and assistance for the purposes of preparing these reports. Such a request must be complied with.

Clause 17 establishes the process for specifying the performance indicators against which public health services and (where applicable) denominational hospitals report under clauses 13 to 16.

Subclause (1) requires the Minister administering the Health Services Act 1988 to issue a notice which sets out the performance indicators against which data must be reported in quarterly reports under Division 2 of Part 3 of the Bill. Subclause (2) provides that these performance indicators may be specified from performance categories which have been prescribed.

The notice issued by the Minister must be published in the Government Gazette, as well as on a website managed and administered by the relevant government department. The notice has effect on and after the date specified in the notice, which must be no earlier than the date of Gazettal, and must also allow sufficient time for relevant agencies to be able to report the specified performance indicators for the next quarter.

While ordinarily the Minister has a discretion to issue a new notice to replace any previously issued notice under subclause (1) from time to time, subclause (4) requires the Minister to issue the inaugural notice at a time after the commencement of this Division which would allow for the preparation of the first report.

Division 3—Exceptions to quarterly reporting requirementsDivision 3 of Part 3 of the Bill sets out the following three circumstances in which quarterly reporting of public health services and (where applicable) denominational hospitals performance data is partially or completely exempt from quarterly publication requirements—

reporting in accordance with the quarterly information periods would not be practical for a particular performance indicator; and

a major emergency; and

prolonged and sustained industrial action.

Clause 18 allows the Minister to provide an alternative reporting timetable for reporting against excepted performance indicators.

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Under subclauses (1) and (2), if the Minister administering the Health Services Act 1988 is of the opinion that reporting of data by the publication date is not practical for a particular performance indicator, the Minister may determine an alternative reporting timetable for that indicator. For example, the data for a particular performance indicator might be collected annually by an independent assessor, and therefore reporting performance data based on the quarterly information periods specified in column 1 of the table in clause 20(1) would not be possible.

If the Minister makes a determination under subclause (2), subclauses (3) and (4) require that each quarterly report that is published after the Minister has made the determination includes the details of, and reasons for, the alternative reporting timetable. This information must also be included in a statement published on the website at the same time as the relevant report is published.

Clause 19 allows the Minister to delay the publication of a quarterly report for a public health service or (where applicable) denominational hospital in certain circumstances.

The first circumstance is where preparing a quarterly report to meet the publication date would unreasonably divert the resources of the public health service or denominational hospital in question from a major emergency, as defined in the Emergency Management Act 2013. For example, a prolonged pandemic might divert significant resources.

The second circumstance is where prolonged and sustained industrial action has a material impact on the capacity of the public health service or denominational hospital to provide information and assistance to enable the Minister to cause the report to be published by the publication date.

Subclause (2) clarifies that multiple consecutive reports may be delayed on these grounds, should the circumstances span multiple publication dates, provided that a quarterly report for each and every quarter is ultimately published.

If a Minister delays the publication of a report, subclause (3) requires the Minister to make a statement announcing the delay and the reason for the delay. The statement must be published according to the same reporting deadline and on the same website as the delayed report would otherwise have been published.

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Subclause (4) requires that the Minister ensure that all delayed reports are published as soon as practicable once the Minister no longer considers that publication should be delayed on either of the grounds set out in subclause (1), but not later than the next publication date for which the required report will not be delayed.

Part 4—GeneralPart 4 of the Bill sets out the publication dates for reports of emergency service response times under Part 2 and for reports against statements of priorities under Divisions 2 and 3 of Part 3. It also makes it clear that reports under the Bill may be consolidated at any time, and may be supplemented with any additional relevant information which assists understanding. For example, additional information may be included about any circumstances that may have impacted on the state of the reported data.

Clause 20 sets out the quarterly publication dates for reports and the period over which the data in the reports is derived.

The publication date allows one full month after the end of the information period for the necessary data to be compiled into a report and published online.

Subclause (2) specifies that the rolling information period for a given publication date consists of the four full quarterly information periods immediately preceding that publication date. For example, the rolling information period corresponding to the publication date of 1 November 2017 would be the 12 month period from 1 October 2016 to 30 September 2017 (inclusive).

Clause 21 provides that any report prepared under Part 2 or Divisions 2 and 3 of Part 3 of the Bill may be updated at any point up to and including the final end of year consolidation of data, provided that the report specifies that it has been updated.

Clause 22 explicitly states that any report may include additional information that would assist understanding of the content of the report.

For example, this clause makes it clear that additional information can be included in a report to contextualise response times.

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Subclause (2) provides examples of the sort of additional information that might be included.

Part 5—Regulations

Clause 23 contains the regulation-making powers for the Bill.

Subclause (1) allows the Governor in Council to make regulations which prescribe—

emergency incidents against which emergency services must report response time data;

complex emergency incidents for the purposes of clause 5(2)(b) and (3)(b);

appliances required to attend complex emergency incidents; and

performance categories for the purposes of clause 17(2).

Subclause (1) also allows the Governor in Council to make regulations for or with respect to any thing required or permitted by the Bill to be prescribed or necessary to prescribed to give effect to the Bill. Subclause (2) amplifies the scope of the regulation-making power.

Part 6—Amendment of Ambulance Services Act 1986Part 6 of the Bill makes consequential amendments to the Ambulance Services Act 1986.

Clause 24 amends section 22F(5) the Ambulance Services Act 1986, which provides for agreement upon a statement of priorities between the board of an ambulance service and the Minister. This clause inserts a note which directs the reader to the publication requirements for ambulance service statements of priorities, which are contained in clause 10 of the Bill.

Clause 25 provides that Part 6 is repealed on 1 July 2017.

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