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Metro South Hospital and Health Services 2019/20 – 2021/22 Deed

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Metro South Hospital and Health Services 2019/20 – 2021/22 Deed Service Agreement 2019/20 – 2021/22 Metro South Hospital and Health Service Deed of Amendment November 2019 Metro South HHS Service Agreement 2019/20 – 2021/22 Deed of Amendment November 2019 Published by the State of Queensland (Queensland Health), November 2019 This document is licensed under a Creative Commons Attribution 3.0 Australia licence. To view a copy of this licence, visit creativecommons.org/licenses/by/3.0/au © State of Queensland (Queensland Health) 2019 You are free to copy, communicate and adapt the work, as long as you attribute the State of Queensland (Queensland Health). For more information contact: Contracting and Performance Management Branch, Department of Health GPO Box 48, Brisbane QLD 4001 email [email protected], phone (07) 3708 5869. An electronic version of this document is available at http://www.health.qld.gov.au/system- governance/health-system/managing/agreements-deeds/default.asp Disclaimer: The content presented in this publication is distributed by the Queensland Government as an information source only. The State of Queensland makes no statements, representations or warranties about the accuracy, completeness or reliability of any information contained in this publication. The State of Queensland disclaims all responsibility and all liability (including without limitation for liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason reliance was placed on such information. Metro South HHS Service Agreement 2019/20 – 2021/22 Deed of Amendment November 2019 - 2 - 1. Introduction 1.1 The Parties entered into the Service Agreement as required by section 35 of the Hospital and Health Boards Act 2011. 1.2 The Service Agreement may be amended in accordance with section 39 of the Hospital and Health Boards Act 2011, and clause 9 and schedule 5 of the Service Agreement. In accordance with these provisions, a Party wishing to amend the Service Agreement must give the other Party a notice setting out the proposed amendment. 1.3 The required notice has been issued and the Parties wish to amend the terms of the Service Agreement and formally record the agreed amendments. 1.4 In this regard, the Parties may amend the Service Agreement through the use of any one of the following four mechanisms as outlined in schedule 5, clause 3 of the Service Agreement: (a) Amendment Windows; (b) Extraordinary Amendment Windows; (c) Periodic Adjustments; and (d) End of Year Financial Adjustments. 1.5 Regardless of the mechanism that is being used to amend the Service Agreement, all agreed amendments are required to be documented in a deed of amendment signed by the Parties. Accordingly, the Parties have agreed to amend the terms of the Service Agreement and record the amendments in this Deed. THE PARTIES AGREE AS FOLLOWS 2. Definitions 2.1 For the purposes of this Deed, the following definitions apply: (a) Amendment Window means the primary mechanism through which amendments to the Service Agreement are negotiated, resolved and made in accordance with schedule 5, clause 3.2 of the Service Agreement. In contrast to Periodic Adjustments, Amendment Windows may be utilised to include the addition or deletion of services from the Service Agreement. (b) Chair means the Chair of the Hospital and Health Board. (c) Chief Executive means the chief executive of the department administering the Hospital and Health Boards Act 2011. (d) Deed means this deed of amendment and all of its schedules. (e) Effective Date means the date the last Party signs this Deed. (f) End of Financial Year Adjustment means the agreed impact of end of year financial adjustments on subsequent year funding and activity that is to be Metro South HHS Service Agreement 2019/20 – 2021/22 Deed of Amendment November 2019 - 3 - incorporated in the Service Agreement in accordance with schedule 5, clause 3.5 of the Service Agreement. (g) Extraordinary Amendment Window means an amendment to the terms of the Service Agreement that has been made in accordance with schedule 5, clause 3.3 of the Service Agreement. (h) Hospital and Health Board means the board appointed for the HHS under section 23 of the Hospital and Health Boards Act 2011. (i) Hospital and Health Service or HHS means the Hospital and Health Service to which this Deed and the Service Agreement applies. (j) National Health Funding Agreement means the document titled National Health Reform Agreement made between the Council of Australian Governments (CoAG) in 2011. (k) National Health Funding Pool has the meaning given in the Hospital and Health Boards Act 2011. (l) Party means each of the Chief Executive and the HHS. (m) Periodic Adjustment means an adjustment to the Service Agreement value or purchased activity that has been made in accordance with schedule 5, clause 3.4 of the Service Agreement. A Periodic Adjustment does not include the addition or deletion of services from the Service Agreement. (n) Service Agreement means the Service Agreement 2019/20 – 2021/22 between the Parties entered into in accordance with section 35 of the Hospital and Health Boards Act 2011, as amended from time to time. 3. Interpretation 3.1 In this Deed, except where the context otherwise requires: (a) words in the singular include the plural and vice versa; (b) any gender includes the other genders; (c) if a word or phrase is defined its other grammatical forms have corresponding meanings; (d) “includes” and “including” are not terms of limitation; (e) no rule of construction will apply to a clause to the disadvantage of a Party merely because that Party put forward the clause or would otherwise benefit from it; (f) a reference to: (i) a Party is a reference to a Party to this Deed; (ii) a person includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority; (iii) a person includes the person’s legal personal representatives, successors, assigns and persons substituted by novation; Metro South HHS Service Agreement 2019/20 – 2021/22 Deed of Amendment November 2019 - 4 - (g) any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced; (h) an obligation includes a warranty or representation and a reference to a failure to comply with an obligation includes a breach of warranty or representation; and (i) headings do not affect the interpretation of this Deed. 4. Variation 4.1 Effective from the Effective Date, the Parties agree to amend the Service Agreement as follows: (a) delete ‘Table 1 NWAU target 2019/20’ and replace it with the table in Schedule 1; (b) delete the rows from ‘Table 2 Specific Funding Commitments’ as identified in the table in Schedule 2, Item 1; (c) insert the rows in ‘Table 2 Specific Funding Commitments’ as identified in the table in Schedule 2, Item 2; (d) delete ‘Table 5 Hospital and Health Service Funding Sources 2019/20’ and replace it with the table in Schedule 3; (e) delete ‘Table 6 HHS Finance and Activity Schedule 2019/20 – 2021/22 – Summary by Purchasing Hierarchy’ and replace it with the table in Schedule 4, Item 1; (f) delete ‘Table 7 HHS Finance and Activity Schedule 2019/20 – 2021/22 – Summary by Value-based Healthcare Grouping 2019/20’ and replace it with the table in Schedule 4, Item 2; (g) delete ‘Table 8 Minor Capital and Equity’ and replace it with the table in Schedule 4, Item 3; (h) delete ‘Table 9 HHS Finance and Activity Schedule 2019/20 – 2021/22 – Other Funding Detail’ and replace it with the table in Schedule 5, Item 1; (i) delete ‘Table 10 HHS Finance and Activity Schedule 2019/20 – 2021/22 Other Funding Detail by Value-based Healthcare Grouping 2019/20’ and replace it with the table in Schedule 5, Item 2; (j) delete ‘Table 11 Specified Grants’ and replace it with the table in Schedule 6; (k) delete ‘Table 12 Hospital and Health Service Service Agreement and State Level Block Payments to State Managed Funds from Commonwealth payments into national funding pool’ and replace it with the table in Schedule 7; 4.2 For completeness, the service agreement included in Schedule 8 contains all amendments agreed by the Parties up to and including the amendments recorded in clause 4.1 of this Deed. Metro South HHS Service Agreement 2019/20 – 2021/22 Deed of Amendment November 2019 - 5 - 5. Ratification 5.1 The Parties acknowledge and agree that the Service Agreement, as amended, continues in full force on and from the date of signing of this Deed. 5.2 The Service Agreement as amended by this Deed constitutes the entire agreement between the Parties. 6. Acknowledgement 6.1 Each Party acknowledges that: (a) the notice requirements set out in section 39 of the Hospital and Health Boards Act 2011 have been complied with; (b) this Deed is made in accordance with clause 9 of the Service Agreement; (c) this Deed supersedes all previous negotiations, understandings, representations, memoranda or commitments concerning the subject matter contained within it and contains the entire understanding between the parties as to the subject matter of this Deed; and (d) no oral explanation or information provided by any Party to another: (i) affects the meaning or interpretation of this Deed; or (ii) constitutes any collateral agreement, warranty or understanding between any of the Parties. 7. Notification Requirements 7.1 Within 14 calendar days of the Effective Date, the Chief Executive will publish a copy of this Deed on the Queensland Health website (https://www.health.qld.gov.au/system- governance/health-system/managing/agreements-deeds). 7.2 In accordance with clause B51 of the National Health Reform Agreement, the Chief Executive will give the Administrator of the National Health Funding Pool a copy of this Deed.
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