HEALTH WORKFORCE AUSTRALIA BILL 2009

i Health Workforce Australia Bill 2009 No. , 2009

Contents

Part 1--Preliminary

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Definitions .......................................................................................... 2

Part 2--Health Workforce Australia

Establishment...................................................................................... 4

Functions............................................................................................. 4

Powers................................................................................................. 5

Ministerial directions .......................................................................... 6

Part 3--The Board of Health Workforce Australia

Division 1--The Board

Establishment...................................................................................... 7

Role..................................................................................................... 7

Division 2--Members of the Board

Membership ........................................................................................ 8

Appointment of members ................................................................... 8

Term of appointment .......................................................................... 8

Acting appointments ........................................................................... 8

Remuneration...................................................................................... 9

Leave................................................................................................. 10

Resignation ....................................................................................... 10

Termination of appointment ............................................................. 10

Other terms and conditions of appointment...................................... 11

Division 3--Procedures of the Board

Convening of meetings ..................................................................... 12

Presiding at meetings ........................................................................ 12

Quorum ............................................................................................. 12

Voting at meetings ............................................................................ 13

Decisions without meetings .............................................................. 13

Other procedural matters .................................................................. 13

Part 4--Chief Executive Officer, staff and consultants

Division 1--The Chief Executive Officer of Health Workforce

Australia

Establishment.................................................................................... 15

Role................................................................................................... 15

Health Workforce Australia Bill 2009 No. , 2009 ii

Appointment ..................................................................................... 15

Acting appointments ......................................................................... 16

Outside employment ......................................................................... 16

Remuneration.................................................................................... 17

Leave................................................................................................. 17

Disclosure of interests....................................................................... 17

Resignation ....................................................................................... 17

Termination of appointment ............................................................. 18

Other terms and conditions ............................................................... 18

Division 2--Staff and consultants

Staff................................................................................................... 19

Arrangements for secondment of staff ............................................. 19

Consultants ....................................................................................... 19

Part 5--Committees

Committees ....................................................................................... 20

Part 6--Other matters

How the Ministerial Conference gives agreement etc. ..................... 21

Taxation ............................................................................................ 21

Constitutional operation.................................................................... 21

Regulations ....................................................................................... 22

Part 1 Preliminary

Section 3

2 Health Workforce Australia Bill 2009 No. , 2009

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Sections 3 to

The later of:

(a) the day on which this Act receives the

Royal Assent; and

(b) 1 July 2009.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Definitions

In this Act:

Board means the Board of Health Workforce Australia.

CEO means the Chief Executive Officer of Health Workforce

Australia.

Chair means the Chair of the Board.

eligible clinical training means clinical training of a kind specified

in a legislative instrument made under subsection 5(3).

eligible student means a student of a kind specified in a legislative

instrument made under subsection 5(3).

Preliminary Part 1

Section 3

Health Workforce Australia Bill 2009 No. , 2009 3

government-nominated member means a member of the kind

referred to in paragraph 10(b) or (c).

health workforce means the body of individuals providing, or

employed to provide, to the Australian public:

(a) professional health care services; or

(b) professional services ancillary to health care.

member means a member of the Board and includes the Chair.

Ministerial Conference means the body known as the Australian

Health Ministers' Conference on the day on which this definition

commences.

Part 2 Health Workforce Australia

Section 4

4 Health Workforce Australia Bill 2009 No. , 2009

Part 2--Health Workforce Australia

4 Establishme nt

(1) Health Workforce Australia is established by this section.

(2) Health Workforce Australia:

(a) is a body corporate; and

(b) must have a seal; and

and

(d) may sue and be sued.

Note:

The Commonwealth Authorities and Companies Act 1997 applies to

Health Workforce Australia. That Act deals with matters relating to

Commonwealth authorities, including reporting and accountability,

banking and investment, and conduct of officers.

(3) The seal of Health Workforce Australia is to be kept in such

custody as the Board directs, and is not to be used except as

authorised by the Board.

(4) All courts, judges and persons acting judicially must:

(a) take judicial notice of the imprint of the seal of Health

Workforce Australia appearing on a document; and

(b) presume that the document was duly sealed.

5 Functions

(1) Health Workforce Australia has the following functions:

(a) to provide financial support for the delivery of clinical

training (including simulation training) for the purposes of

the health workforce by making payments to or in respect of:

(i) eligible students undertaking or proposing to undertake

eligible clinical training; or

(ii) persons providing eligible clinical training or facilities

for eligible clinical training;

(b) to provide other support for the delivery of clinical training

for the purposes of the health workforce (for example, by

Health Workforce Australia Part 2

Section 6

Health Workforce Australia Bill 2009 No. , 2009 5

providing services for the purpose of matching students with

suitable courses providing clinical training);

other information, for the purpose of informing the

evaluation and development by the Ministerial Conference of

policies in relation to the health workforce;

(d) to develop and evaluate strategies for development of the

health workforce;

(e) to advise the Ministerial Conference on matters relating to

the health workforce;

(f) such other functions (if any) as may be conferred on it by the

regulations.

(2) A function may be conferred on Health Workforce Australia by

regulations made for the purposes of paragraph (1)(f) only if the

Ministerial Conference has requested that the function be conferred

on Health Workforce Australia.

(3) The Minister may make a legislative instrument specifying:

(a) the kinds of students who are eligible for the purposes of

paragraph (1)(a); and

(b) the kinds of clinical training that are eligible for those

purposes.

(4) Without limiting the generality of subsection (3), the legislative

instrument may specify kinds of clinical training by reference to:

(a) specified courses or kinds of courses in which clinical

training is provided; or

(b) specified persons or kinds of persons providing clinical

training.

6 Powe rs

Health Workforce Australia has power to do all things necessary or

convenient to be done for or in connection with the performance of

its functions.

Part 2 Health Workforce Australia

Section 7

6 Health Workforce Australia Bill 2009 No. , 2009

7 Ministerial directions

(1) Health Workforce Australia must perform its functions and

exercise its powers in accordance with any directions given to it by

the Ministerial Conference in writing.

(2) A direction under subsection (1):

(a) must be of a general nature only; and

(b) must not be inconsistent with:

(i) this Act or regulations or instruments under this Act; or

(ii) the Commonwealth Authorities and Companies Act

1997 or regulations or instruments under that Act.

(3) The Ministerial Conference must consult the Chair before giving a

direction under subsection (1).

(4) A direction given by the Ministerial Council under subsection (1)

is not a legislative instrument.

The Board of Health Workforce Australia Part 3

The Board Division 1

Section 8

Health Workforce Australia Bill 2009 No. , 2009 7

Part 3--The Board of Health Workforce Australia

Division 1--The Board

8 Establishme nt

The Board of Health Workforce Australia is established by this

section.

9 Role

(1) The Board is responsible for ensuring the proper and efficient

performance of Health Workforce Australia's functions.

(2) The Board has power to do all things necessary and convenient to

be done for or in connection with the performance of its duties.

(3) Anything done in the name of, or on behalf of, Health Workforce

Australia by the Board, or with the authority of the Board, is taken

to have been done by Health Workforce Australia.

(4) If a function or power of Health Workforce Australia is dependent

on the opinion, belief or state of mind of Health Workforce

Australia in relation to a matter, the function or power may be

exercised upon the opinion, belief or state of mind of a person or

body acting as mentioned in subsection (3) in relation to that

matter.

Part 3 The Board of Health Workforce Australia

Division 2 Members of the Board

Section 10

8 Health Workforce Australia Bill 2009 No. , 2009

Division 2--Members of the Board

10 Membe rship

The Board consists of the following members:

(a) the Chair;

(b) one member nominated by the Commonwealth;

(d) up to 3 other members.

11 Appointment of me mbers

(1) The members are to be appointed by the Minister with the

agreement of the Ministerial Conference.

(2) The appointments are to be made by written instrument.

(3) A member is to be appointed on a part-time basis.

12 Term of appointment

A member holds office for the period specified in the instrument of

appointment. The period must be at least 3 years and not more than

5 years.

13 Acting appointments

(1) The Minister may, with the agreement of the Ministerial

Conference, appoint a member to act as the Chair:

(a) during a vacancy in the office of Chair (whether or not an

appointment has previously been made to the office); or

(b) during any period or during all periods, when the Chair:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

(2) The Minister may, with the agreement of the Ministerial

Conference, appoint a person to act as a member (other than as

Chair):

The Board of Health Workforce Australia Part 3

Members of the Board Division 2

Section 14

Health Workforce Australia Bill 2009 No. , 2009 9

(a) during a vacancy in the office of a member (whether or not

an appointment has previously been made to the office); or

(b) during any period, or during all periods, when a member:

(i) is acting as the Chair; or

(ii) is absent from duty or from Australia; or

(iii) is, for any reason, unable to perform the duties of the

office.

(3) An appointment under subsection (1) or (2) is to be made by

written instrument.

(4) Anything done by or in relation to a person purporting to act under

an appointment under subsection (1) or (2) is not invalid merely

because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in connection with the

appointment; or

(d) the occasion to act had not arisen or had ceased.

Note:

For more about acting appointments, see sections 20 and 33A of the

Acts Interpretation Act 1901.

14 Remuneration

(1) A member is to be paid the remuneration that is determined by the

Remuneration Tribunal. If no determination of that remuneration

by the Tribunal is in operation, the member is to be paid the

remuneration that is prescribed by the regulations.

(2) However, a member is not entitled to be paid any remuneration

under subsection (1) if the member holds an office or appointment,

or is otherwise employed, on a full-time basis in the service or

employment of:

(a) a State; or

(b) a corporation (a public statutory corporation) established for

a public purpose by a State law, other than a tertiary

education institution; or

Part 3 The Board of Health Workforce Australia

Division 2 Members of the Board

Section 15

10 Health Workforce Australia Bill 2009 No. , 2009

rights of the members in or in relation to the company are

beneficially owned by a State; or

(d) a company in which all the stock or shares are beneficially

owned by a State or a public statutory corporation.

Note:

A similar rule applies to a member who has a similar relationship with

the Commonwealth or a Territory--see subsection 7(11) of the

Remuneration Tribunal Act 1973.

(3) A member is to be paid the allowances that are prescribed by the

regulations.

(4) This section is subject to the Remuneration Tribunal Act 1973.

15 Leave

(1) The Minister may grant the Chair leave of absence on the terms

and conditions that the Minister determines.

(2) The Chair may grant leave of absence to any other member on the

terms and conditions that the Chair determines.

(3) The Chair must notify the Minister if the Chair grants to a member

leave of absence for a period exceeding 6 months.

16 Resignation

(1) A member may resign his or her appointment by giving the

Minister a written resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

17 Termination of appointment

(1) The Minister may, with the agreement of the Ministerial

Conference, at any time terminate the appointment of a

government-nominated member.

(2) The Minister may, with the agreement of the Ministerial

Conference, terminate the appointment of a member other than a

The Board of Health Workforce Australia Part 3

Members of the Board Division 2

Section 18

Health Workforce Australia Bill 2009 No. , 2009 11

government-nominated member for misbehaviour or physical or

mental incapacity.

(3) The Minister must terminate the appointment of a member if:

(a) the member:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(b) the member is absent, except on leave of absence, from 3

consecutive meetings of the Board; or

an obligation imposed on him or her by section 27F or 27J of

the Commonwealth Authorities and Companies Act 1997.

18 Other terms and conditions of appointment

A member holds office on the terms and conditions (if any) in

relation to matters not covered by this Act that are determined by

the Minister.

Part 3 The Board of Health Workforce Australia

Division 3 Procedures of the Board

Section 19

12 Health Workforce Australia Bill 2009 No. , 2009

Division 3--Procedures of the Board

19 Convening of meetings

(1) The Chair must convene 3 meetings of the Board in each calendar

year.

(2) The Chair may convene such additional meetings (if any) as are, in

his or her opinion, necessary for the conduct of Health Workforce

Australia's affairs.

(3) The Chair must convene a meeting of the Board if directed to do so

by the Ministerial Conference.

20 Presiding at meetings

(1) The Chair must preside at all meetings of the Board at which he or

she is present.

(2) If the Chair is not present at a meeting, the members present must

elect one of their number to preside at the meeting.

21 Quorum

(1) At a meeting of the Board, a quorum is constituted by any 7 of the

following members:

(a) the Chair;

(b) the government-nominated members.

(2) However, if:

(a) a member is required by section 27J of the Commonwealth

Authorities and Companies Act 1997 not to be present during

the deliberations, or to take part in any decision, of the Board

with respect to a particular matter; and

(b) when that member leaves the meeting concerned there is no

longer a quorum present;

the remaining members constitute a quorum for the purpose of any

deliberation or decision at the meeting with respect to that matter.

The Board of Health Workforce Australia Part 3

Procedures of the Board Division 3

Section 22

Health Workforce Australia Bill 2009 No. , 2009 13

22 Voting at meetings

(1) A question arising at a meeting of the Board is to be determined by

a majority of votes of the members present and voting.

(2) The member presiding at the meeting has:

(a) a deliberative vote; and

(b) in the event of an equality of votes, a casting vote.

23 Decisions without meetings

(1) The Board is taken to have made a decision at a meeting if:

(a) without meeting, a majority of the members entitled to vote

on the proposed decision indicate agreement with the

decision; and

(b) that agreement is indicated in accordance with the method

determined by the Board under subsection (2); and

reasonable efforts were made to inform all the members of

the proposed decision.

(2) Subsection (1) applies only if the Board:

(a) has determined that it may make decisions of that kind

without meeting; and

(b) has determined the method by which members are to indicate

agreement with proposed decisions.

(3) For the purposes of paragraph (1)(a), a member is not entitled to

vote on a proposed decision if the member would not have been

entitled to vote on that proposal if the matter had been considered

at a meeting of the Board.

24 Other procedural matte rs

(1) Subject to this Act and the Commonwealth Authorities and

Companies Act 1997, the Board may regulate the conduct of its

meetings as it thinks fit.

Note:

Section 33B of the Acts Interpretation Act 1901 contains further

information about the ways in which members may participate in

meetings.

Chief Executive Officer, staff and consultants Part 4

The Chief Executive Officer of Health Workforce Australia Division 1

Section 25

Health Workforce Australia Bill 2009 No. , 2009 15

Part 4--Chief Executive Officer, staff and

consultants

Division 1--The Chief Executive Officer of Health

Workforce Australia

25 Establishme nt

There is to be a Chief Executive Officer of Health Workforce

Australia.

26 Role

(1) The CEO is responsible for the day-to-day administration of Health

Workforce Australia.

(2) The CEO has power to do all things necessary or convenient to be

done for or in connection with the performance of his or her duties.

(3) The CEO is to act in accordance with the policies determined, and

any directions given, by the Board.

27 Appointment

(1) The CEO is to be appointed by the Board.

(2) Before the Board makes the appointment:

(a) the Board must consult the Minister; and

(b) the Minister must consult the Ministerial Conference.

(3) The appointment is to be made by written instrument.

(4) The CEO holds office on a full-time basis.

(5) The CEO holds office for the period specified in the instrument of

appointment. The period must be at least 3 years and not more than

5 years.

(6) The CEO must not be a member of the Board.

Part 4 Chief Executive Officer, staff and consultants

Division 1 The Ch ief Executive Officer of Health Workforce Australia

Section 28

16 Health Workforce Australia Bill 2009 No. , 2009

(7) Despite subsection (1), the first CEO is to be appointed by the

Minister after consulting the Ministerial Conference.

(8) This Act (other than subsections (1) and (2)) applies to the CEO

appointed under subsection (7) as if the CEO had been appointed

under subsection (1).

28 Acting appointments

(1) The Board may appoint a person to act as the CEO:

(a) during a vacancy in the office of the CEO (whether or not an

appointment has previously been made to the office); or

(b) during any period, or during all periods, when the CEO:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

(2) Before the Board makes an appointment under subsection (1):

(a) the Board must consult the Minister; and

(b) the Minister must consult the Ministerial Conference.

(3) An appointment under subsection (1) is to be made by written

instrument.

(4) Anything done by or in relation to a person purporting to act under

an appointment under subsection (1) is not invalid merely because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in connection with the

appointment; or

(d) the occasion to act had not arisen or had ceased.

Note:

For more about acting appointments, see sections 20 and 33A of the

Acts Interpretation Act 1901.

29 Outside employme nt

(1) The CEO must not engage in paid employment outside the duties

of his or her office without the Chair's approval.

Chief Executive Officer, staff and consultants Part 4

The Chief Executive Officer of Health Workforce Australia Division 1

Section 30

Health Workforce Australia Bill 2009 No. , 2009 17

(2) The Chair must notify the Minister of any approval given under

subsection (1).

30 Remuneration

(1) The CEO is to be paid the remuneration that is determined by the

Remuneration Tribunal. If no determination of that remuneration

by the Tribunal is in operation, the CEO is to be paid the

remuneration that is prescribed by the regulations.

(2) The CEO is to be paid the allowances that are prescribed by the

regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

31 Leave

(1) The CEO has the recreation leave entitlements that are determined

by the Remuneration Tribunal.

(2) The Chair may grant the CEO leave of absence, other than

recreation leave, on the terms and conditions as to remuneration or

otherwise that the Chair determines.

(3) The Chair must notify the Minister if the Chair grants the CEO

leave of absence for a period exceeding 2 months.

32 Disclosure of interests

The CEO must give written notice to the Board of all material

personal interests that the CEO has or acquires and that conflict or

could conflict with the proper performance of the CEO's duties.

33 Resignation

(1) The CEO may resign his or her appointment by giving the Chair a

written resignation.

(2) The resignation takes effect on the day it is received by the Chair

or, if a later day is specified in the resignation, on that later day.

Part 4 Chief Executive Officer, staff and consultants

Division 1 The Ch ief Executive Officer of Health Workforce Australia

Section 34

18 Health Workforce Australia Bill 2009 No. , 2009

(3) If the CEO resigns under this section, the Chair must notify the

Minister of the resignation.

34 Termination of appointment

(1) The Board may terminate the appointment of the CEO for

misbehaviour or physical or mental incapacity.

(2) Before the Board terminates the appointment:

(a) the Board must consult the Minister; and

(b) the Minister must consult the Ministerial Conference.

(3) The Board must terminate the appointment of the CEO if:

(a) the CEO:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(b) the CEO is absent, except on leave of absence, for 14

consecutive days or for 28 days in any 12 months; or

section 32; or

(d) the CEO engages, except with the Chair's approval, in paid

employment outside the duties of his or her office (see

section 29).

(4) If the Board terminates the appointment of the CEO, the Board

must notify the Minister of the termination.

35 Other terms and conditions

The CEO holds office on the terms and conditions (if any) in

relation to matters not covered by this Act that are determined by

the Board.

Chief Executive Officer, staff and consultants Part 4

Staff and consultants Division 2

Section 36

Health Workforce Australia Bill 2009 No. , 2009 19

Division 2--Staff and consultants

36 Staff

(1) Health Workforce Australia may employ such persons as it

considers necessary for the performance of its functions and the

exercise of its powers.

(2) An employee is to be employed on the terms and conditions that

Health Workforce Australia determines in writing.

37 Arrangements for secondme nt of staff

(1) Health Workforce Australia may arrange with an Agency Head

(within the meaning of the Public Service Act 1999), or with a

body established for a public purpose under a law of the

Commonwealth, for the services of officers or employees of the

Agency or body to be made available to Health Workforce

Australia.

(2) Health Workforce Australia may arrange with the appropriate

authority of a State or Territory for the services of officers or

employees of the Public Service of the State or Territory, or of a

body established for a public purpose under a law of the State or

Territory, to be made available to Health Workforce Australia.

38 Consultants

Health Workforce Australia may engage consultants to assist in the

performance of its functions.

Part 5 Co mmittees

Section 39

20 Health Workforce Australia Bill 2009 No. , 2009

Part 5--Committees

39 Committees

(1) Health Workforce Australia may establish committees to advise or

assist it in the performance of its functions.

(2) A committee may be constituted:

(a) wholly by members; or

(b) wholly by persons who are not members; or

(3) Health Workforce Australia may determine, in relation to a

committee established under this section:

(a) the committee's terms of reference; and

(b) the terms and conditions of appointment of the members of

the committee; and

(b) the procedures to be followed by the committee.

Other matters Part 6

Section 40

Health Workforce Australia Bill 2009 No. , 2009 21

Part 6--Other matters

40 How the Ministerial Conference gives agreement etc.

The Ministerial Conference is to give its agreement or a direction,

or to make a request, for the purposes of a provision of this Act by

resolution of the Conference passed in accordance with the

procedures determined by the Conference.

41 Taxation

Health Workforce Australia is not subject to taxation under any

law of the Commonwealth or of a State or Territory.

42 Constitutional operation

Without limiting its effect apart from this section, this Act also has

the effect it would have if the functions and powers of Health

Workforce Australia were confined to functions and powers that

were to be performed and exercised only:

(a) in relation to a corporation to which paragraph 51(xx) of the

Constitution applies; or

(b) for purposes relating to the collection of statistics; or

(i) the provision of pharmaceutical, sickness and hospital

benefits; or

(ii) the provision of medical or dental services; or

(iii) the provision of benefits to students; or

(d) in relation to a Territory; or

(e) for purposes relating to the expenditure of money

appropriated for the purposes of the Commonwealth; or

(f) for purposes relating to the granting of financial assistance to

a State or Territory on such terms and conditions as the

Parliament thinks fit; or

(g) for purposes relating to the implied power of the Parliament

to make laws with respect to nationhood; or

Commonwealth of Australia Bills

HEALTH WORKFORCE AUSTRALIA BILL 2009