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This is a Bill, not an Act. For current law, see the Acts databases.


HOSPITALS AND HEALTH SERVICES AMENDMENT BILL 2013

                   Western Australia


Hospitals and Health Services Amendment
                Bill 2013

                        Contents


1.    Short title                                               2
2.    Commencement                                              2
3.    Act amended                                               2
4.    Section 7A amended                                        2
5.    Section 7C amended                                        2
6.    Sections 20A and 20B inserted                             3
      20A.     Hospital board may perform
               employment-related functions on behalf of
               agency                                      3
      20B.     Modifications for purposes of Workers'
               Compensation and Injury Management
               Act 1981 Part IV Division 2                 4
7.    Section 35D inserted                                      5
      35D.     Delegation by board or agency               5




                         3--1                                   page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


    Hospitals and Health Services Amendment
                    Bill 2013

                               A Bill for


An Act to amend the Hospitals and Health Services Act 1927.



The Parliament of Western Australia enacts as follows:




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     Hospitals and Health Services Amendment Bill 2013



     s. 1




1    1.       Short title
2             This is the Hospitals and Health Services Amendment Act 2013.

3    2.       Commencement
4             This Act comes into operation as follows --
5              (a) sections 1 and 2 -- on the day on which this Act
6                    receives the Royal Assent;
7              (b) the rest of the Act -- on a day fixed by proclamation,
8                    and different days may be fixed for different provisions.

9    3.       Act amended
10            This Act amends the Hospitals and Health Services Act 1927.

11   4.       Section 7A amended
12            After section 7A(2) insert:
13

14            (3)   In subsection (2)(b) --
15                  provision of services includes --
16                    (a) the provision of staff to provide services in, or
17                          in connection with, public hospitals; and
18                    (b) the employment or engagement of staff for that
19                          purpose.
20


21   5.       Section 7C amended
22            In section 7C(1)(b) delete "persons, being not less than 3," and
23            insert:
24

25            persons
26




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                                                                              s. 6



1    6.     Sections 20A and 20B inserted
2           After section 19 insert:
3


4         20A.    Hospital board may perform employment-related
5                 functions on behalf of agency
6           (1)   In this section and section 20B --
7                 board, in relation to a public hospital, means --
8                   (a) the hospital board constituted under this Act in
9                          relation to that hospital; or
10                  (b) if the hospital is controlled by the Minister
11                         under section 7, the Minister;
12                employing agency, in relation to a health service staff
13                member, means the agency that employs or engages the
14                health service staff member;
15                employment-related functions includes recruitment,
16                selection, appointment, transfer, secondment,
17                classification, training and development, performance
18                management, discipline, redeployment, redundancy
19                and termination of employment or engagement;
20                health service staff member means a person who --
21                  (a) is employed or engaged by an agency; and
22                  (b) pursuant to an arrangement between the agency
23                         and a board of a public hospital, works in or in
24                         connection with the public hospital.
25          (2)   A board of a public hospital, or a delegate of the board,
26                may perform for and on behalf of an employing agency
27                the employment-related functions of the employing
28                agency in relation to --
29                  (a) persons to be employed or engaged as health
30                       service staff members in or in connection with
31                       the public hospital; and


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1                    (b)   health service staff members in or in connection
2                          with the public hospital.
3             (3)   The board has power to do all things that are necessary
4                   or convenient to be done for or in connection with the
5                   performance of the employment-related functions.

6           20B.    Modifications for purposes of Workers'
7                   Compensation and Injury Management Act 1981
8                   Part IV Division 2
9             (1)   In this section --
10                  injury or hearing loss means an injury suffered by a
11                  health service staff member, or a noise induced hearing
12                  loss suffered by a health service staff member that is
13                  not an injury, in respect of which compensation has
14                  been paid or is payable under the WCIM Act by or on
15                  behalf of an employing agency, or would have been so
16                  payable but for section 22 of that Act;
17                  WCIM Act means the Workers' Compensation and
18                  Injury Management Act 1981.
19            (2)   For the purposes of the application of the WCIM Act
20                  Part IV Division 2 --
21                   (a) the awarding of damages against a board of a
22                          public hospital independently of the WCIM Act
23                          in respect of an injury or hearing loss suffered
24                          by a health service staff member is to be taken
25                          to be the awarding of damages against the
26                          employing agency of the health service staff
27                          member; and
28                   (b) any negligence or other tort by the board of the
29                          public hospital that caused the injury or hearing
30                          loss is to be taken to be the negligence or other
31                          tort of the employing agency; and
32                   (c) any prohibition under that Division against the
33                          awarding of damages in respect of the injury or


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                                                                         s. 7



1                        hearing loss is to be taken to be a prohibition
2                        against the awarding of the damages against
3                        either or both of the employing agency and the
4                        board of the public hospital; and
5                  (d)   any conditions or limitations that apply under
6                        that Division in relation to the awarding of
7                        damages in respect of the injury or hearing loss,
8                        or to the amount of the damages, are to be taken
9                        to be conditions or limitations that apply to the
10                       awarding of the damages against either or both
11                       of the employing agency and the board of the
12                       public hospital or to the amount of the
13                       damages.
14


15   7.     Section 35D inserted
16          After section 35C insert:
17


18        35D.    Delegation by board or agency
19          (1)   A board may, in writing, delegate to --
20                 (a) a public service officer who is employed in, or
21                       seconded to, the Department; or
22                 (b) a person who is employed or engaged by the
23                       board or an agency,
24                any power or duty of the board under another provision
25                of this Act.
26          (2)   An agency may, in writing, delegate to --
27                 (a) a public service officer who is employed in, or
28                      seconded to, the Department; or




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     s. 7



1                    (b)    a person who is employed or engaged by the
2                           agency or a board,
3                   any power or duty of the agency under another
4                   provision of this Act.
5             (3)   A person to whom a power or duty is delegated under
6                   this section cannot delegate that power or duty.
7             (4)   A person exercising or performing a power or duty that
8                   has been delegated to the person under this section is
9                   taken to do so in accordance with the terms of the
10                  delegation unless the contrary is shown.
11            (5)   This section does not limit the ability of a board or
12                  agency to perform a function through an officer or
13                  agent.
14


15




 


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