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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.

Purpose

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.

Applicability

This policy framework is binding on each HSP to which it applies or relates.

Principles

The key principles that underpin this policy framework are:

Consistency
Ensure a consistent systemwide approach to legal interpretation, advice, practice and protocols.

Risk Management
Reducing the exposure to risk by setting out clear process and procedures to obtain timely and quality legal advice.

Value
Facilitating the delivery of cost effective legal advice within the accepted practice for government agencies seeking legal advice.

Legislative context

This policy framework is made pursuant to ss 26(2)(b)(d)(f)(l) of the Health Services Act 2016.

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:

Competition and Consumer Act 2010 (Cwth)

Mandatory requirements

Under this policy framework HSPs must comply with all mandatory requirements* including:

Supporting information

The following documents support and inform the implementation of this policy framework:

Department of Justice WA, Parliamentary Counsel’s Office, Getting Government Legislation Drafted and Enacted: Guidelines and Procedures

Policy framework custodian

Assistant Director General
Strategy and Governance

Enquiries relating to this Policy Framework may be directed to: PolicyFrameworkSupport@health.wa.gov.au

Review

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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	Amendment(s)
12	28 November 2024	Policy review and amendments to MP 0023/16 Obtaining Legal Advice Policy. Amendments include the following: Purpose section updated and refined; Applicability statement updated to WA health entities; Policy requirements section amended to reflect changes in seeking legal advice, responsibility of payment of SSO invoices, record keeping and approval tiers of the WA health system; Compliance monitoring updated to reflect policy requirements and policy owner's responsibility; hyperlinks updated in various sections; Definition: 'WA health entity' term updated and policy contact updated.
11	23 April 2024	Minor amendment to MP 0023/16 Obtaining Legal Advice Policy. Supporting information title and hyperlink updated.
10	10 May 2022	Policy review and MP 0024/16 Posthumous Collection of Human Gametes (Eggs and Sperm) Policy rescinded on 10 May 2022. Rescinded as a mandatory policy is not required given the subject matter. Refer to MP 0023/16 Obtaining Legal Advice Policy.
9	13 December 2021	Policy review and MP 0022/16 Legal Arrangements Policy rescinded on 13 December 2021. Refer to DoH Guidelines: Sign-off Clauses for Legal Arrangements.
8	7 December 2021	Policy review and Amendment to MP 0019/16 Development of Primary and Subsidiary Legislation Policy. Policy transitioned to the current Policy template, rewording to remove repetition and complete policy review was undertaken. A new policy cycle to commence.
7	25 November 2021	MP 0010/16 Patient Confidentiality Policy Rescinded 24 November 2021. Refer to the DoH Patient Confidentiality Fact Sheet.
6	12 August 2021	Major Amendment to MP 0023/16 Obtaining Legal Advice Policy - Policy transitioned to the current Policy template. As a full Policy review was undertaken, a new review cycle will now commence.
5	18 February 2021	Amendment to MP 0026/16 Student Clinical Placement Agreement Policy to include Related document Student Clinical Placement Agreement template and transition the Policy from the Legal Policy Framework to the Clinical Teaching and Training Policy Framework. Rescindment of IC 0008/07 and OP 2074/06.
4	07 April 2020	Rescinded OD0366/12.
3	03 April 2020	Rescinded OP1850/04.
2	22 February 2018	Major Amendment to MP0019/16 Development of Primary and Subsidiary Legislation Policy.
1	1 July 2016	Original version

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Approval

This policy framework has been approved and issued by the Director General of the Department of Health as the System Manager.

Approval by	Dr D J Russell-Weisz, Director General, Department of Health
Approval date	01 July 2016
Date published	22 February 2018
File number	F-AA-40362

Compliance

This policy framework is binding on those to whom it applies or relates. Implementation at a local level will be subject to audit.

Glossary of terms

Term	Meaning
Applicability	Under Section 26 of the Health Services Act 2016, policy frameworks may apply to: All Health Service Providers A type of public health service facility A type of public health service A type of staff member of a health service provider.
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.