South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Health Care (Governance) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Health
Care Act 2008
.
Contents
Part 2—Amendment of Health Care
Act 2008
4Amendment of section
3—Interpretation
5Amendment of section 4—Objects of
Act
6Amendment of section
5—Principles
7Amendment of section 7—Chief
Executive
8Amendment of section 11—Functions of
HPC
9Amendment of section
18—Functions
10Amendment of section 30—Hospital to
serve the community
33Governance and
management arrangements
33BComposition of governing
boards for incorporated hospitals
33CChief executive
officer for incorporated hospital
33DProvisions
relating to members, procedures, committees and subcommittees etc
12Insertion of Part 5 Division 10
13Amendment of section
93—Confidentiality
Schedule 3—Governing boards for
incorporated hospitals
1Chairperson and
Deputy Chairperson
7Conflict of
interest under Public Sector (Honesty and Accountability)
Act 1995
12Dismissal of governing
board
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Health Care (Governance) Amendment
Act 2018.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the
Acts
Interpretation Act 1915
does not apply to this Act.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Health Care
Act 2008
4—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of Department—delete the
definition and substitute:
Department means the administrative unit of the Public
Service that is responsible for assisting a Minister in the administration of
this Act;
(2) Section 3(1)—after the definition of employing
authority insert:
governing board—see section 33;
5—Amendment
of section 4—Objects of Act
Section 4—after paragraph (c) insert:
and
(d) to facilitate the efficient and effective governance and oversight of
incorporated hospitals through the establishment of governing boards.
6—Amendment
of section 5—Principles
Section 5(f)—after subparagraph (vii) insert:
and
(viii) that achieves an effective balance between local decision-making in
relation to incorporated hospitals and health system planning, integration and
management;
7—Amendment
of section 7—Chief Executive
(1) Section 7(1)(b)—delete ", to assume direct responsibility for
the administration of incorporated hospitals"
(2) Section 7(1)—after paragraph (d) insert:
(da) to contribute to and implement statewide service plans that apply to
incorporated hospitals;
8—Amendment
of section 11—Functions of HPC
(1) Section 11(2)—after paragraph (a) insert:
(ab) governing boards of incorporated hospitals; and
(2) Section 11(6)—after "the Department," insert:
the governing board for an incorporated hospital,
9—Amendment
of section 18—Functions
Section 18(1)—after paragraph (h) insert:
(ha) to provide advice to the governing board for an incorporated hospital
about any matter referred to it by the board;
10—Amendment
of section 30—Hospital to serve the community
Section 30—delete "or the Chief Executive" and substitute:
, the Chief Executive or the governing board for the hospital
Section 33—delete the section and substitute:
33—Governance and management
arrangements
(1) Each incorporated
hospital is to be governed by a board (a governing
board).
(2) The functions of a governing board for an incorporated hospital
include the following:
(a) to ensure effective clinical and corporate governance frameworks are
established to support the maintenance and improvement of standards of patient
care and services by the incorporated hospital and to approve those
frameworks;
(b) to ensure—
(i) the operations of the incorporated hospital are carried out
efficiently, effectively and economically; and
(ii) the incorporated hospital manages its budget so that performance
targets are met; and
(iii) that hospital resources are applied equitably to meet the needs of
the community served by the incorporated hospital;
(c) to ensure strategic plans to guide the delivery of services are
developed for the incorporated hospital and to approve those plans;
(d) to provide strategic oversight of and monitor the incorporated
hospital's financial and operational performance;
(e) to prepare and keep under review strategies—
(i) for the provision of health services by the incorporated hospital;
and
(ii) to promote consultation with health professionals working in the
incorporated hospital; and
(iii) to promote consultation with health consumers and community members
about the provision of health services by the incorporated hospital;
(f) to advise providers and consumers of health services, and other
members of the community served by the incorporated hospital, as to the
hospital's policies, plans and initiatives for the provision of health
services;
(g) to manage performance against the performance measures in the service
agreement between the incorporated hospital and the Chief Executive;
(h) to cooperate with other providers of health services, including
providers of primary health care, in planning for, and providing, health
services;
(i) to endorse the incorporated hospital's annual report;
(j) to liaise with the boards of other incorporated hospitals and the
Chief Executive in relation to both local and statewide initiatives for the
provision of health services.
(3) A governing board is also to carry out other functions assigned to the
board by or under this or any other Act, or by the Minister.
(4) The governing board for an incorporated hospital—
(a) must comply with any directions of the Minister and any directions of
the Chief Executive; and
(b) must comply with any policies of the Department specified by the
Minister or the Chief Executive to apply to a governing board in the performance
of its functions; and
(c) must not exercise a function in a way that is inconsistent with the
exercise of a function by the Chief Executive (including a function that has
been delegated to the Chief Executive).
(5) An act done or decision made by the governing board for an
incorporated hospital in the course of official functions and duties is an act
or decision of the incorporated hospital.
33A—Engagement strategies
(1) The governing board for an incorporated hospital must develop and
publish the following strategies:
(a) a strategy to promote consultation with health professionals working
in the incorporated hospital (a clinician engagement
strategy);
(b) a strategy to promote consultation with health consumers and members
of the community about the provision of health services by the incorporated
hospital (a consumer and community engagement strategy).
(2) The governing board must consult with the following persons in
developing the strategies:
(a) for the clinician engagement strategy—health professionals
working in the incorporated hospital;
(b) for the consumer and community engagement strategy—health
consumers and members of the community.
(3) A strategy developed and published under this section
must—
(a) satisfy any requirements prescribed by regulation for that strategy;
and
(b) be published in a way that allows the strategy to be accessed by
members of the public, including, for example, on the Internet.
(4) The governing board and the incorporated hospital must give effect to
the strategies developed and published under this section in performing
functions under this Act.
33B—Composition of governing boards for
incorporated hospitals
(1) A governing
board for an incorporated hospital consists of 6 or more members (but not more
than 8) appointed by the Minister, being persons who collectively have, in the
opinion of the Minister, knowledge, skills and experience necessary to enable
the board to carry out its functions effectively.
(2) As far as is practicable, the membership of a governing board for an
incorporated hospital must comprise persons who between them have knowledge of,
and experience and expertise in, the following fields:
(a) health management;
(b) clinical governance;
(c) commercial management;
(d) financial management;
(e) the practice of the law;
(f) the provision of health services;
(g) other knowledge, experience and expertise that, in the opinion of the
Minister, will enable the effective performance of the board's
functions.
(3) At least 2 members of a governing board must be health
professionals.
(4) A person is not eligible for appointment to the governing board for an
incorporated hospital if—
(a) the person is an employee of the incorporated hospital; or
(b) the person is engaged to provide a service to the incorporated
hospital; or
(c) the person is an employee of the Department.
(5) A governing board must, as far as practicable, be comprised of equal
numbers of women and men.
(6) On the office of a member of a governing board becoming vacant, a
person may be appointed in accordance with this Act to the vacant
office.
(7) The Minister may appoint a suitable person to be the deputy of a
member of a governing board during any period of absence of the member (and any
reference to a member in this Act will be taken to include, unless the contrary
intention appears, a reference to a deputy while acting as a member of the
board).
(8) In this section—
health professional means—
(a) an individual who holds, or has previously held, general registration
in a health profession under the
Health
Practitioner Regulation National Law (South Australia)
; or
(b) an individual who practises, or has previously practised, a profession
providing health services involving the provision of care or treatment to other
persons (directly or indirectly).
33C—Chief executive officer for incorporated
hospital
(1) The governing
board for an incorporated hospital may, after consultation with the Chief
Executive, appoint—
(a) a specified person; or
(b) a person occupying a specified office or position,
as the chief executive officer of the incorporated hospital.
(2) An appointment under
subsection (1)
—
(a) takes effect following confirmation of the appointment by the Chief
Executive; and
(b) is revocable by the governing board at any time, subject to the
confirmation of the Chief Executive.
(3) The chief executive officer of an incorporated hospital is responsible
for managing the operations and affairs of the hospital and is accountable to,
and subject to the direction of, the governing board for the hospital in
undertaking that function (although the governing board cannot give a direction
concerning the medical treatment of a particular person).
(4) An act done or decision made by the chief executive officer of an
incorporated hospital in the course of official functions and duties is an act
or decision of the incorporated hospital.
33D—Provisions relating to members, procedures,
committees and subcommittees etc
Schedule 3 applies in respect of governing boards for incorporated
hospitals.
12—Insertion
of Part 5 Division 10
Part 5—after Division 9 insert:
Division 10—Inspectors
48A—Inspectors
(1) The Minister may,
by instrument in writing, appoint suitable persons to be inspectors for the
purposes of inspecting, investigating and assessing the administration,
operations and governance of incorporated hospitals.
(2) An inspector holds office on the conditions stated in the instrument
of appointment.
(3) An inspector appointed under
subsection (1)
may, at any reasonable time, enter the premises of an incorporated
hospital (including the premises of the governing board for an incorporated
hospital) and, while on the premises, may—
(a) inspect the premises or any equipment or other thing on the premises;
and
(b) require any person to answer any questions, orally or in writing;
and
(c) require any person to produce any documents or records; and
(d) examine any documents or records and take extracts from, or make
copies of, any of them; and
(e) seize any documents or records that, in the opinion of the inspector,
constitute evidence of a breach of a provision of this Act.
(4) An inspector must, at the request of a person in relation to whom the
inspector intends to exercise powers under this section, produce for the
inspection of the person the inspector's instrument of appointment, or a copy of
the instrument.
(5) An inspector may, in exercising powers under this section, be assisted
by such other persons as are reasonably necessary for the purpose.
(6) A person must not refuse or fail to comply with a requirement made
pursuant to this section.
Maximum penalty: $10 000.
(7) A person must not hinder or obstruct an inspector, or a person
assisting an inspector, in the exercise of the powers conferred by this
section.
Maximum penalty: $10 000.
13—Amendment
of section 93—Confidentiality
Section 93(1)—after paragraph (a) insert:
(ab) a member of the governing board for an incorporated hospital;
or
Schedule 3—delete the Schedule and substitute:
Schedule 3—Governing boards for incorporated
hospitals
1—Chairperson and Deputy
Chairperson
(1) The Minister is to appoint 2 of the members of a governing board (by
their respective instruments of appointment or by other instruments executed by
the Minister) as Chairperson and Deputy Chairperson of the board,
respectively.
(2) The Minister may remove a member from the office of Chairperson or
Deputy Chairperson of a governing board at any time.
(3) A person holding office as Chairperson or Deputy Chairperson of a
governing board vacates that office if the person—
(a) is removed from that office by the Minister; or
(b) resigns by written notice to the Minister; or
(c) ceases to be a member of the board.
2—Term of office
(1) Subject to this Act, a member of a governing board holds office for
such period (not exceeding 3 years) as may be specified in the member's
instrument of appointment and is eligible for reappointment at the expiration of
a term of office.
(2) A member of a governing board may not hold office for more than 9
consecutive years.
(3) A member of a governing board whose term of office expires (other than
by the resignation of the member or removal by the Minister) without a person
having been appointed to fill the vacancy continues in office until whichever of
the following occurs first:
(a) a person is appointed to fill the vacancy;
(b) a period of 3 months elapses after the expiry of the term of
office.
3—Remuneration
A member of a governing board is entitled to remuneration, allowances and
expenses determined by the Minister.
4—Removal from office
The Minister may remove a member of a governing board from
office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for misconduct; or
(c) for failure or incapacity to carry out official duties
satisfactorily.
5—Vacancy in office of member
(1) The office of a member of a governing board becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) becomes an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(e) is convicted in South Australia of an offence that is punishable by
imprisonment for a term of 12 months or more, or is convicted elsewhere than in
South Australia of an offence that, if committed in South Australia, would be an
offence so punishable; or
(f) is removed from office under
clause 4
.
(2) If the office of a member of a governing board becomes vacant, a
person may, subject to this Act, be appointed to fill the vacancy.
6—Validity of acts
An act or proceeding of a governing board is not invalid by reason only of
a vacancy in its membership or a defect in the appointment of a
member.
7—Conflict of interest under Public Sector
(Honesty and Accountability) Act 1995
A member of a governing board will not be taken to have a direct or
indirect interest in a matter for the purposes of the
Public
Sector (Honesty and Accountability) Act 1995
by reason only of the fact that the member has an interest in a matter
that is shared in common with health practitioners generally or those engaged in
or associated with the provision of health services generally, or a substantial
section of health practitioners or those engaged in or associated with the
provision of health services.
8—Procedures
(1) A quorum of a governing board consists of a majority of its members
for the time being.
(2) The Chairperson or, in the absence of the Chairperson, the Deputy
Chairperson or, in the absence of both, another member elected to chair the
meeting by the members present, is to preside at a meeting of a governing
board.
(3) A decision carried by a majority of the votes cast by the members
present at a meeting of a governing board is a decision of the board.
(4) A conference by telephone or other electronic means between the
members of a governing board will, for the purposes of this section, be taken to
be a meeting of the board at which the participating members are present
if—
(a) notice of the conference is given to all members in the manner
determined by the board for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(5) A proposed resolution of a governing board becomes a valid decision of
the board despite the fact that it is not voted on at a meeting of the board
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the board; and
(b) a majority of the members express concurrence in the proposed
resolution by letter, fax, email or other written communication setting out the
terms of the resolution.
(6) A governing board must have accurate minutes kept of its
meetings.
(7) Subject to this Act and the regulations, a governing board may
determine its own procedures.
9—Committees and subcommittees
(1) A governing
board may establish committees or subcommittees as the board thinks fit to
advise the board on any aspect of its functions, or to assist the board in the
performance of its functions.
(2) A committee or subcommittee established under
subclause (1)
may, but need not, consist of, or include, members of the governing
board.
(3) The procedures to be observed in relation to the conduct of business
of a committee or a subcommittee established by a governing board will
be—
(a) as prescribed by regulation; or
(b) insofar as the procedure is not prescribed by regulation—as
determined by the board; or
(c) insofar as the procedure is not prescribed by regulation or determined
by the board—as determined by the relevant committee or
subcommittee.
(4) A member of a committee or subcommittee established under this section
is entitled to remuneration, allowances and expenses determined by the governing
board with the approval of the Minister.
10—Appointment of advisers
(1) The Minister may appoint a person to be an adviser to a
governing board if the Minister considers that the adviser may assist the board
to improve the performance of—
(a) the board; or
(b) the incorporated hospital governed by the board.
(2) The Minister must not appoint more than 2 persons to be advisers to a
governing board at the same time.
(3) In deciding whether to appoint an adviser to a governing board, the
Minister may have regard to the performance of the board or the incorporated
hospital governed by the board in relation to the following:
(a) the safety and quality of health services being provided by the
incorporated hospital;
(b) the compliance of the board with this Act and any service agreement
applying to the board;
(c) the financial management of the incorporated hospital.
(4) An adviser holds office for the period (not exceeding 1 year)
specified in the adviser's instrument of appointment.
(5) An adviser to a governing board is entitled to remuneration,
allowances and expenses determined by the Minister.
11—Functions of advisers
(1) An adviser is to provide advice to, and otherwise assist, a governing
board in the performance of its functions and, for that purpose, is
entitled—
(a) to receive notice of any meeting of the board; and
(b) to have access to papers provided to members of the board for the
purposes of any meetings; and
(c) to attend, and participate in, any meeting of the board (but has no
entitlement to vote and must not be present at the time that a vote is
taken).
(2) An adviser must, as required by the Minister, provide reports to the
Minister and the Chief Executive on any matter relating to the operation of the
governing board and the incorporated hospital under the management,
administration and control of the board.
12—Dismissal of governing
board
(1) The Minister
may, at any time, dismiss all the members of a governing board if satisfied
that—
(a) the board has failed to perform its functions effectively;
or
(b) the board has failed to comply with a provision of this Act;
or
(c) the board has failed to comply with a direction of the Minister or the
Chief Executive.
(2) If the Minister dismisses all the members of a governing board under
subclause (1)
, the office of each member of the board becomes vacant.
(3) The Minister must, within 12 sitting days after the dismissal of a
governing board under this section, cause notice of the dismissal to be laid
before both Houses of Parliament.
13—Administrators
(1) If the members of a governing board are dismissed under
clause 12
or for some other reason there are no members of a governing board at any
time, the Minister may appoint the Chief Executive or other qualified person to
administer and perform the functions of the board subject to any conditions
specified in the instrument of appointment.
(2) An act done or decision made by an administrator in administering and
performing the functions of a governing board is an act or decision of the
board.
(3) An administrator is entitled to remuneration, allowances and expenses
determined by the Minister.
(4) The Minister may revoke the appointment of an administrator for any
reason before the term of appointment expires, either to appoint a different
person as administrator or to appoint new members of a governing
board.
(5) In this section—
qualified person means a person the Minister considers has
the necessary qualifications and experience to perform the functions of a
governing board.
14—Use of facilities etc
A governing board may, with the approval of the responsible Minister or, if
relevant, a responsible public sector instrumentality, make use of the staff,
services or facilities of an administrative unit or another public sector
instrumentality.