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This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 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 page 2 Hospitals and Health Services Amendment Bill 2013 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 page 3 Hospitals and Health Services Amendment Bill 2013 s. 6 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 page 4 Hospitals and Health Services Amendment Bill 2013 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 page 5 Hospitals and Health Services Amendment Bill 2013 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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