Community health services provide state-funded primary healthcare in Victoria, focusing on people with, or at risk of, poorer health, under a social model of health. Community health services directory CHSs work alongside general practice, privately funded services and other health and support services in Victoria. They primarily deliver: The delivery of these supports and services is flexible and responsive to the needs of people and local communities. In this way, the CHSs focus on person-centred, coordinated care. Community health services also have a key role in early intervention and management of people with chronic and complex conditions. How community health services operateDelivery guidelinesThe Community Health Integrated Program (CHIP) guidelines describe what funded CHSs are expected to deliver. Their aim is to improve consistency across the state in organisations’ planning, program design and service delivery. They also clarify expectations for coordinated service provision. BudgetCommunity health services receive Community Health Program funding from the Department of Health. Departmental funding accounts for approximately 60 per cent of CHS revenue. In 2013-14 the department contributed $138 million for the Community Health Program with funding for general counselling, allied health (audiology, dietetics, physiotherapy, occupational therapy, podiatry, speech pathology), community health nursing and health promotion. The department also funds CHSs to deliver a range of other services, including aged care, dental health, Home and Community Care and a range of other community-based health. GovernanceVictorian CHSs operate under two distinct legal and governance arrangements: 55 CHSs operate as part of public health services and 26 are independent registered CHCs. The independent registered services are companies limited by guarantee, and registered under the Health Services Act 1988. Victoria's registered community health centres comply with performance standards and report regularly to the department. EligibilityCHSs provide universal access to services. The Community Health Program prioritises access to people with particular health needs. The program’s eligibility and priority criteria target disadvantaged populations with the poorest health and the greatest economic and social needs. FeesCHSs use a schedule of fees and income ranges when assessing clients. Fees for CHS are applied in line with the Home and Community Care (HACC) fees policy and program manual which provide a consistent framework for how service providers are to operate. PhilosophyCHSs operate from a social model of health. They acknowledge the social, environmental and economic factors that affect health, as well as the biological and medical factors. For this reason, CHSs are active participants in and contributors to their communities. This strong community connection means they can better respond to their local communities and better address the factors that influence health.
In the section you will find health services listed by the group of people they are primarily designed to service, such as by gender, age, culture or community group.
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62.21 Another definition that is central to the way health information is handled under the Privacy Act is the definition of a ‘health service’. The term ‘health service’ is used in the Privacy Act in a range of circumstances. These include: as part of the definition of ‘health information’; as a limitation on the scope of the small business exemption—small businesses that hold health information and provide a health service are not covered by the small business exemption; and as a ‘permitted purpose’ under Part VIA dealing with declared emergencies and disasters. 62.22 In addition, the term is used in several provisions that provide for the use of health information in circumstances that would normally breach the IPPs or NPPs. For example, under NPP 2.1(ea), the genetic information of one individual, collected in the course of providing a health service, may be disclosed in certain circumstances to a genetic relative of that individual without consent.[28] A health service provider may disclose personal information to a person ‘responsible for the individual’ where the individual is physically or legally incapable of giving consent to the disclosure or physically cannot communicate consent.[29] Finally, an organisation may collect health information without consent where it is necessary to provide a health service to the individual[30] or where necessary for the management, funding and monitoring of a health service.[31] 62.23 The Privacy Act defines a ‘health service’ as follows:
62.24 The definition of ‘health service’ in the draft National Health Privacy Code has a number of differences, including express references to injuries, disability support services, palliative care services, and aged care services. The draft Code definition is as follows:
62.25 The definition in the Victorian Health Records Act is very similar to that in the draft Code.[33] The definitions in the ACT health records legislation and the Northern Territory Information Act have many of the same elements.[34] The New South Wales legislation, however, takes a different approach, setting out a non-exhaustive list of the services covered—such as medical, hospital and nursing services, dental services and mental health services—rather than describing them in more general terms.[35] Issues Paper 3162.26 In IP 31, the ALRC asked whether the definition of ‘health service’ in the draft National Health Privacy Code was appropriate and effective and whether that definition should be adopted into the Privacy Act.[36] 62.27 There was some support expressed in submissions to IP 31 for the definition of ‘health service’ in the draft National Health Privacy Code.[37] The NHMRC stated that:
62.28 A number of other stakeholders agreed that the definition should be amended to cover the services that people with a disability, and those in palliative and residential aged care might use. These services provide care, supervision and assistance with daily life, rather than treatment.[39] 62.29 The Office of the Health Services Commissioner in Victoria expressed the view that:
62.30 The OPC raised a number of concerns with the definition of ‘health service’ in the draft National Health Privacy Code, including the fact that the definition does not refer to ‘recording’ an individual’s health information. The draft Code definition also relies exclusively on the understanding of the health service provider as to whether a particular activity is intended or claimed to have health benefits. In contrast, the Privacy Act allows this to be judged from the perspective of the health service provider or the health consumer. The OPC did, however, express support for one element of the definition:
Discussion Paper proposal62.31 In DP 72, the ALRC proposed that the definition of ‘health service’ in the Privacy Act should be extended to cover disability services, palliative care services and aged care services. These services do not fall comfortably within the existing definition of ‘health services’. They are, however, aimed at providing physical, mental and psychological care and support to individuals and often require the collection, use and disclosure of significant amounts of health information. The ALRC also expressed the view that an ‘injury’, as distinct from an ‘illness’ or a ‘disability’, should be referred to expressly in the definition of ‘health service’. Submissions and consultations62.32 A number of stakeholders expressed support for expanding the definition of ‘health service’ to include injuries and disability services, palliative care services and aged care services.[42] The OPC suggested, however, qualifying the references to disability, aged care and palliative care services to exclude services unrelated to health such as advocacy services.[43] 62.33 The Centre for Law and Genetics stated that:
62.34 Other stakeholders agreed that the definition should extend to complementary and alternative therapies and to ‘wellness’ services; for example, those related to pregnancy and weight loss.[45] The NHMRC suggested that cosmetic surgical procedures would not be covered by the existing definition and that the definition of ‘health service’ be amended to refer to the ‘prevention’ of illness:
62.35 The NHMRC also noted that a number of organisations offer genetic or other testing but do not claim to use this information to assess, predict, maintain or improve an individual’s health. Such tests are offered, for example, by providers of skin care and dietary products. 62.36 The NHMRC also discussed the case of Australian Biologics Testing Services. The Australian Competition and Consumer Commission (ACCC) instituted proceedings in the Federal Court of Australia against Australian Biologics alleging that representations made in its brochures and on its website were false, misleading, and deceptive. The representations included that thermography tests offered by Australian Biologics could be used for diagnostic purposes in the cardiac field. The ACCC alleged that the representations were not supported by scientific or medical testing.[47] The case was settled by consent on the basis that:
62.37 A number of stakeholders were of the view that simply ‘recording’ health information should not be sufficient to bring an agency or organisation within the definition of a health service provider.[49] On the other hand, the OPC was of the view that the term ‘record’ should remain in the definition:
62.38 The Victorian Office of the Health Services Commissioner stated that:
62.39 Certain other stakeholders asked whether the provision of health insurance came within the definition of a health service.[52] Medicare Australia stated that:
ALRC’s view62.40 The ALRC notes that the term ‘health service’ is used in the Privacy Act as part of the definition of ‘health information’, and to allow more permissive collection, use and disclosure of health information in the health services context than would normally be allowed under the NPPs. For example, under NPP 10.2, a doctor may collect health information about an individual without consent where that individual is unconscious, or too ill to provide consent, and the collection is related to providing care and treatment for the individual. 62.41 It is important to ensure that the definition of ‘health service’ is appropriately limited to the provision of services intended, for example, to assess or improve the individual’s health and does not extend to activities such as providing health insurance. It would not be appropriate for the more permissive provisions on collection, use and disclosure of health information to occur in the health insurance context. For this reason, the ALRC recommends that ‘recording’ an individual’s health should be removed from the definition of ‘health service’. The term is unnecessary and that it may lead to undesirable outcomes. 62.42 The definition should continue to allow the assessment of the service to be made by the individual or the service provider. The ALRC did not receive any submissions indicating problems with the existing provision. 62.43 The ALRC also recommends that the definition of ‘health service’ be amended to include activities that:
62.44 The ALRC also recommends the inclusion of surgical or related services to capture cosmetic procedures, and has taken up the OPC’s suggestion that disability, palliative care or aged care services should be limited to health-related services. Finally, the definition should be amended to include ‘injuries’ as well as ‘illness’ and ‘disability’.
Recommendation 62-2 The Privacy Act should be amended to define a ‘health service’ as: a. an activity performed in relation to an individual that is intended or claimed (expressly or otherwise) by the individual or the service provider to: (i) assess, predict, maintain or improve the individual’s physical, mental or psychological health or status; (ii) diagnose the individual’s illness, injury or disability; or (iii) prevent or treat the individual’s illness, injury or disability or suspected illness, injury or disability; b. a health-related disability, palliative care or aged care service; c. a surgical or related service; or d. the dispensing on prescription of a drug or medicinal preparation by a pharmacist. |