Australian Capital Territory Repealed Acts

This legislation has been repealed.

HEALTH SERVICES ACT 1990

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Health Services Act 1990.1  
   2.      2.1 (1) Section 1 and this  
   3.      (1) In this Act, unless the contrary intention appears—“administrator” means an administrator appointed under subsection 35 (2); “appointed member” means a member of the Board appointed by the Minister under paragraph 10 (1) (b); “approved committee” means a committee declared by the Minister under section 25 to be an approved committee for the purposes of Division 2 of Part III; “Board” means the Board of Health established by section 4; “Chairperson” means the Chairperson of the Board; “Chief Executive” means the Chief Executive of the Board; “committee” means a committee appointed under section 21; “dentist” means a person registered as a dentist under the Dentists Registration Act 1931; “Deputy Chairperson” means the Deputy Chairperson of the Board; “health facility” means an institution under the Board's control; “health services consultant” means a visiting medical officer, visiting dental officer or other consultant who provides health services at a health facility; “medical practitioner” means a person registered as a medical practitioner under the Medical Practitioners Registration Act 1930; “member” means a member of the Board and includes the Chief Executive; “member of staff” means a member of the staff of the Board; “nurse” means a person who is a registered nurse or enrolled nurse within the meaning of the Nurses Act 1988; “quality assurance activities” means processes which the Board determines to be quality assurance activities for the purposes of subparagraph 25 (a) (i); “Tribunal” means the Australian Capital Territory Administrative Appeals Tribunal; “visiting dental officer” means a dentist who provides dental services at a health facility but does not include a member of staff; “visiting medical officer” means a medical practitioner who provides medical services at a health facility but does not include a member of staff.  

   PART II--BOARD OF HEALTH

   4.      (1) A Board of Health is established.  
   5.      The primary objectives of the Board are as follows:  
   6.      (1) The Board has the following functions:  
   7.      (1) The Board has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.  
   8.      (1) The Board shall not, without the written approval of the Minister, enter into partnership or participate in a joint venture with another person.  
   9.      The Board may, by instrument under its common seal, delegate any of its powers under this Act.  
   10.     (1) The Board shall consist of—  
   11.     (1) The Minister shall appoint in writing an appointed member to be—  
   12.     The Deputy Chairperson may act as the Chairperson during any period not exceeding 8 weeks when the Chairperson is absent from duty or from the Territory or is, for any other reason, unable to perform the duties of the office.  
   13.     (1) The Minister may appoint a member to act as Chairperson—  
   14.     (1) The Board shall, in each period of 12 months, hold—  
   15.     (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Board.  
   16.     An appointed member holds office for the period (not exceeding 3 years) specified in the instrument of appointment and is eligible for re-appointment.  
   17.     (1) An appointed member is entitled to be reimbursed by the Board for any expenses which the Board considers were reasonably incurred by the member in the performance of his or her functions.  
   18.     (1) The Board may grant leave of absence to an appointed member for any period not exceeding 8 weeks on such terms and conditions as the Board determines in writing.  
   19.     An appointed member may resign his or her office by writing signed by the member and delivered to the Minister.  
   20.     (1) The Minister may terminate the appointment of an appointed member—  

   PART III--COMMITTEES

   21.     The Board may by instrument appoint 1 or more persons as a committee to assist the Board in carrying out its functions.  
   22.     (1) The procedure of a committee shall be as the committee determines.  
   23.     (1) A member of a committee shall not disclose the identity of a person to whom a health service was provided on behalf of the Board without the written consent of that person.  
   24.     In sections 22 and 23, a reference to a committee includes a reference to an approved committee.  
   25.     The Minister may, by notice in the Gazette, declare—  
   26.     A statement or disclosure (whether oral or written) made, or produced, before or a finding of, or recommendation by, an approved committee is not admissible as evidence in any proceedings, civil or criminal.  
   27.     A person who is or has been a member of an approved committee is not compellable—  

   PART IV--CHIEF EXECUTIVE

   28.     The Minister may by instrument appoint a person to be the Chief Executive of the Board.  
   29.     The Chief Executive shall—  
   30.     (1) The Chief Executive holds office for the period (not exceeding 4 years) specified in the instrument of appointment and is eligible for re-appointment.  
   31.     (1) The Board may grant leave of absence to the Chief Executive for any period not exceeding 8 weeks on such terms and conditions as the Board determines in writing.  
   32.     The Chief Executive may resign office by writing signed by him or her and delivered to the Minister.  
   33.     (1) The Minister may terminate the appointment of the Chief Executive for misbehaviour or physical or mental incapacity.  
   34.     (1) The Board may appoint a person to act as the Chief Executive during any period, or during all periods, not exceeding 8 weeks when the Chief Executive is absent from duty or from the Territory or is, for any other reason, unable to perform the functions of the office.  

   PART V--ADMINISTRATOR

   35.     (1) If, in the opinion of the Minister, the Board is—  
   36.     The administrator shall, in accordance with any directions given by the Minister—  
   37.     The administrator holds office on such terms and conditions, including terms and conditions as to payment of remuneration and allowances, as the Minister determines in writing.  

   PART VI--STAFF AND CONSULTANTS

   38.     The staff of the Board shall consist of public servants made available to the Board by the Head of Administration.  
   39.     (1) The Board may engage persons having suitable qualifications and experience as visiting medical officers, visiting dental officers or other consultants to the Board, including but not limited to consultants to provide health services.  
   40.     (1) If an approved committee makes a recommendation to the Board that the clinical privileges of a health services consultant should be preserved, varied or withdrawn, the Board shall consider the committee's recommendation and may make a decision (whether or not in accordance with that recommendation)—  
   41.     An engagement shall not be in force during a period for which it is suspended.  
   42.     This Division and Division 1 of Part VIII apply in relation to a health services consultant notwithstanding any term or condition of the consultant's engagement to the contrary.  

   PART VII--FINANCE

   43.     The money of the Board consists of the following:  
   44.     (1) The money of the Board shall be applied only—  
   45.     (1) For the purposes of subsection 87 (2) of the Audit Act 1989, the Board is declared to be a public authority to which Divisions 1 and 3 of Part IX of that Act apply.  
   46.     Money of the Board not immediately required for the Board's purposes may be invested in any manner approved by the Treasurer for the purpose of this section.  
   47.     (1) The Board shall not, except with the written approval of the Minister, enter into a contract for—  
   48.     The Minister may, by notice published in the Gazette, determine fees and charges for the purposes of this Act.  
   49.     (1) A fee or charge is payable to the Board on or before the due date.  
   50.     The Board may—  

   PART VIII--MISCELLANEOUS

   51.     Application may be made to the Tribunal for a review of a decision of the Board—  
   52.     (1) Where the Board makes a decision of a kind referred to in section 51, the Board shall, within 28 days after the date of the decision, give notice in writing of the decision—  
   53.     (1) A person who is or has been a specified member is not liable to an action or other proceeding for or in relation to an act done or omitted to be done in good faith in performance or exercise or purported performance or exercise of any function, power or authority conferred on the person in his or her capacity as a specified member.  
   54.     The Minister or a person authorised in writing by the Minister and wearing photographic identification may, at any reasonable time, enter and inspect any premises occupied or used by the Board.  
   55.     Notwithstanding subsection 109 (6) of the Motor Traffic Act 1936, the provisions of that Act apply in relation to—  
   56.     (1) This section applies to every person who is or has been—  
   57.     (1) The Board shall furnish to the Minister for presentation to the Legislative Assembly a report relating to the activities of the Board during each financial year.  
   58.     The Executive may make regulations, not inconsistent with this Act, prescribing matters—  
           ENDNOTES