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 holder must comply, and must ensure its personnel complies, with all applicable law, including the provisions of the Act and the Regulation, as amended from time to time, in connection with the carrying out of any activity authorised by this approval.
  2. (Compliance with ongoing qualification, training and experience requirements) The 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 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 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';
    5. health assessment and exit assessment forms.
  4. (Due care and skill) The 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 activity authorised by this approval.
  5. (Reasonable request) The 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 holder must respond to requests for information within 5 business days. If required, the holder must participate in verbal case conferencing with RSHQ to clarify health assessment content.
  6. (Indemnity) The 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 holder's carrying out of any activity authorised by this approval, except to the extent that RSHQ or its personnel caused or contributed to the Claim.
  7. (Insurances) The 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, workers' compensation, public liability and products and occupier liability insurance.
  8. (Records) The holder must create and maintain records in connection with its carrying out of any activity authorised by this approval in accordance with industry best practice and law, including section 50(1) of the Regulation. The holder must give RSHQ reasonable access to records on reasonable request.
  9. (Providers engaged must be approved) The holder must ensure that any party engaged by it to perform a scheme function for which approval is required is approved and performs the services in accordance with the Regulation.
  10. (Health assessment reports) Where the holder is an appointed medical adviser or doctor within the meaning of the Regulation, the 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 holder in accordance with section 50(2) of the Regulation.

    Where the holder is an appointed medical adviser or doctor within the meaning of the Regulation, the 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 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 holder must obtain any necessary assignments from the 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 holder may retain a copy of any documents which it requires to carry out any 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 holder in the course of carrying out any activity authorised by this approval;
    2. information acquired by the 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 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 holder knows or ought to know is confidential;
    8. information imparted in confidence to the 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, 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 holder, on a non-confidential basis from a source other than RSHQ which has represented to the holder that it is entitled to disclose such information.

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

  13. (Disclosure) The holder must not disclose Confidential Information except to its personnel on a need to know basis for the purpose of carrying out any activity authorised by this approval, or with RSHQ's consent, or to the extent required by law, or to its professional advisers. Where the holder makes a permitted disclosure of the Confidential Information to a third party, the 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.
  14. The 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 person under Division 2 – Coal Mine Workers’ Health Scheme of the Regulation in accordance with section 52 of the Regulation, except:

    1. if the holder is an appointed medical adviser, in which case the 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).
  15. (Privacy) The holder will collect or have access to information or an opinion (including information or an opinion forming part of a database), 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 holder must:
    1. if RSHQ is an 'agency' and the 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 which are applicable to RSHQ, as if the holder were RSHQ; or
    2. otherwise – comply with the Australian Privacy Principles in the Privacy Act 1988 (Cth).

    The 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.
  16. (Auditing) The 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 holder's premises, books, records, documents, computer systems, equipment and other property to verify compliance by the holder with the requirements and its obligations in carrying out any activity authorised by this approval, and its likely capacity to continue to comply. The 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 holder must comply with requests for assistance and information by Auditors at the holder's expense.
  17. (Notification of change in circumstances) The holder must notify RSHQ of a change in circumstances (including a change in name, address or contact details of the holder or the holder's authorised representative, any new conditions, undertakings or reprimands on the provider's Australian Health Practitioner Regulation Agency (AHPRA) registration, a new disciplinary or other legal proceeding relating to your role or another change in circumstances that may affect eligibility to be an approved provider), within 20 business days.
  18. (Conflicts of interest) The holder must notify RSHQ if a conflict of interest exists or is likely to arise in connection with the carrying out of any activity authorised by this approval.
  19. (Suspension/cancellation) If the holder's approval is suspended or cancelled in accordance with the Regulation, the holder must 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 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 holder in carrying out any activity authorised by this approval, and will confirm to RSHQ when this has been done. The holder may retain a copy of any Confidential Information or Personal Information to the extent required by law, or for the holder’s reasonable internal credit, risk, insurance, legal and professional responsibilities.