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This is a Bill, not an Act. For current law, see the Acts databases.
NATIONAL HEALTH AND HOSPITALS NETWORK BILL 2011
2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Health and Hospitals Network
Bill 2010
No. , 2010
(Health and Ageing)
A Bill for an Act relating to the National Health
and Hospitals Network, and for other purposes
i National Health and Hospitals Network Bill 2010 No. , 2010
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Object
.................................................................................................
2
4 Simplified
outline
..............................................................................
2
5 Definitions
.........................................................................................
3
6 Vacancies
...........................................................................................
4
7
Crown to be bound ............................................................................. 4
Part 2--Commission's establishment, functions and powers
5
8 Establishment
of
the Commission ..................................................... 5
9
Functions of the Commission ............................................................ 5
10
Additional provisions about standards, guidelines and
indicators ........................................................................................... 7
11
Additional provisions about model national accreditation
schemes .............................................................................................. 9
12 Constitutional
limits
.........................................................................
10
13 Powers
of
the Commission .............................................................. 11
14
Charging of fees ............................................................................... 11
15
Commission has privileges and immunities of the Crown ............... 11
16 Ministerial
directions ....................................................................... 12
Part 3--The Board of the Commission
13
Division 1--Establishment and role of the Board
13
17 Establishment
...................................................................................
13
18 Role
..................................................................................................
13
Division 2--Members of the Board
14
19 Membership
.....................................................................................
14
20 Appointment
of
Board members ...................................................... 14
21 Period
of
appointment for Board members ...................................... 15
22 Acting
Board
members .................................................................... 15
23 Remuneration
...................................................................................
16
24
Leave of absence .............................................................................. 17
25 Resignation
......................................................................................
17
26 Termination
of
appointment ............................................................ 17
27 Other
terms
and
conditions .............................................................. 18
Division 3--Procedures of the Board
19
28 Convening
of
meetings
....................................................................
19
29
Presiding at meetings ....................................................................... 19
National Health and Hospitals Network Bill 2010 No. , 2010 ii
30 Quorum
............................................................................................
19
31
Voting at meetings ........................................................................... 19
32 Decisions
without meetings ............................................................. 20
33
Conduct of meetings ........................................................................ 20
34 Minutes
............................................................................................
20
Division 4--Delegation by the Board
21
35 Delegation
by
the Board .................................................................. 21
Part 4--Chief Executive Officer, staff and consultants
22
Division 1--Chief Executive Officer of the Commission
22
36 Establishment
...................................................................................
22
37 Role
..................................................................................................
22
38 Appointment
....................................................................................
22
39 Acting
appointments
........................................................................
23
40 Outside
employment
........................................................................
23
41 Remuneration
...................................................................................
24
42 Leave
...............................................................................................
24
43 Disclosure
of
interests ...................................................................... 24
44 Resignation
......................................................................................
24
45 Termination
of
appointment ............................................................ 25
46 Other
terms
and
conditions .............................................................. 26
Division 2--Staff and consultants
27
47 Staff
.................................................................................................
27
48 Persons
assisting the Commission ................................................... 27
49 Consultants
......................................................................................
27
Part 5--Committees
28
50 Committees
......................................................................................
28
51 Remuneration
and
allowances ......................................................... 28
Part 6--Reporting and planning obligations of the Commission
30
52
Minister may require the Commission to prepare reports or
give information ............................................................................... 30
53 Annual
report
...................................................................................
31
54 Work
plan
........................................................................................
31
Part 7--Miscellaneous
33
55
CEO not subject to direction by the Board on certain matters ......... 33
56 Taxation
...........................................................................................
33
57 Compliance
with
standards and guidelines ...................................... 33
58 Protection
of
patient confidentiality ................................................. 33
59
Concurrent operation of State and Territory laws etc. ..................... 34
iii National Health and Hospitals Network Bill 2010 No. , 2010
60 Regulations
......................................................................................
34
National Health and Hospitals Network Bill 2010 No. , 2010 1
A Bill for an Act relating to the National Health
1
and Hospitals Network, and for other purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the National Health and Hospitals
7
Network Act 2010.
8
2 Commencement
9
This Act commences on 1 July 2011.
10
Part 1 Preliminary
Section 3
2 National Health and Hospitals Network Bill 2010 No. , 2010
3 Object
1
The object of this Act is to implement the National Health and
2
Hospitals Network, in so far as the network involves the
3
establishment of the Australian Commission on Safety and Quality
4
in Health Care.
5
Note 1:
The National Health and Hospitals Network Agreement provides that
6
the National Health and Hospitals Network will be a nationally unified
7
and locally controlled health system that will ensure future generations
8
of Australians enjoy world class, universally accessible health care.
9
Note 2:
The National Health and Hospitals Network Agreement provides that
10
the National Health and Hospitals Network will have a new
11
Performance and Accountability Framework, and the framework will
12
include standards developed by the Commission.
13
Note 3:
The implementation of the National Health and Hospitals Network
14
will also involve the following:
15
(a) provisions establishing the Independent Hospital Pricing
16
Authority;
17
(b) provisions establishing the National Performance Authority;
18
(c) provisions
amending
the
Federal Financial Relations Act 2009.
19
Note 4:
It is intended that provisions to establish the Independent Hospital
20
Pricing Authority and the National Performance Authority will be
21
included in this Act.
22
4 Simplified outline
23
The following is a simplified outline of this Act:
24
·
This Act sets up the Australian Commission on Safety and
25
Quality in Health Care.
26
·
The Commission has functions relating to health care safety
27
and quality matters.
28
·
There is to be a Board of the Commission.
29
·
There is to be a Chief Executive Officer of the Commission.
30
·
Committees may be established to assist the Commission.
31
Preliminary Part 1
Section 5
National Health and Hospitals Network Bill 2010 No. , 2010 3
5 Definitions
1
In this Act:
2
Board means the Board of the Commission.
3
Board member means a member of the Board, and includes the
4
Chair.
5
CEO means the Chief Executive Officer of the Commission.
6
Chair means the Chair of the Board.
7
Commission means the Australian Commission on Safety and
8
Quality in Health Care.
9
health care safety and quality matter means:
10
(a) a matter relating to the safety of health care services; or
11
(b) a matter relating to the quality of health care services; or
12
(c) a matter specified in the regulations.
13
National Health and Hospitals Network Agreement means the
14
National Health and Hospitals Network Agreement, endorsed in
15
Canberra on 20 April 2010 by:
16
(a) the Premiers of the States (other than Western Australia); and
17
(b) the Chief Minister of the Australian Capital Territory; and
18
(c) the Chief Minister of the Northern Territory;
19
as amended from time to time.
20
participating State/Territory Health Minister: if:
21
(a) there is in force an agreement between the Commonwealth
22
and:
23
(i) a State; or
24
(ii) the Australian Capital Territory; or
25
(iii) the Northern Territory; and
26
(b) under the agreement, the State or Territory undertakes to
27
make financial contributions to the Commission;
28
the State/Territory Health Minister of the State or Territory is a
29
participating State/Territory Health Minister.
30
partner of a person means:
31
Part 1 Preliminary
Section 6
4 National Health and Hospitals Network Bill 2010 No. , 2010
(a) the person's spouse; or
1
(b) the person's de facto partner (within the meaning of the Acts
2
Interpretation Act 1901).
3
staff of the Commission means the staff described in section 47.
4
State/Territory Health Minister means:
5
(a) the Minister of a State;
6
(b) the Minister of the Australian Capital Territory; or
7
(c) the Minister of the Northern Territory;
8
who is responsible, or principally responsible, for the
9
administration of matters relating to health in the State, the
10
Australian Capital Territory or the Northern Territory, as the case
11
may be.
12
vacancy, in relation to the office of a Board member, has a
13
meaning affected by section 6.
14
6 Vacancies
15
For the purposes of a reference in:
16
(a) this Act to a vacancy in the office of a Board member; or
17
(b)
the
Acts Interpretation Act 1901 to a vacancy in the
18
membership of a body;
19
there are taken to be 9 offices of Board member in addition to the
20
Chair.
21
7 Crown to be bound
22
(1) This Act binds the Crown in each of its capacities.
23
(2) This Act does not make the Crown liable to a pecuniary penalty or
24
to be prosecuted for an offence.
25
(3) The protection in subsection (2) does not apply to an authority of
26
the Crown.
27
28
Commission's establishment, functions and powers Part 2
Section 8
National Health and Hospitals Network Bill 2010 No. , 2010 5
Part 2--Commission's establishment, functions and
1
powers
2
3
8 Establishment of the Commission
4
(1) The Australian Commission on Safety and Quality in Health Care
5
is established by this section.
6
Note: In
this
Act,
Commission means the Australian Commission on Safety
7
and Quality in Health Care--see section 5.
8
(2)
The
Commission:
9
(a) is a body corporate; and
10
(b) must have a seal; and
11
(c) may acquire, hold and dispose of real and personal property;
12
and
13
(d) may sue and be sued.
14
Note: The
Commonwealth Authorities and Companies Act 1997 applies to
15
the Commission. That Act deals with matters relating to
16
Commonwealth authorities, including reporting and accountability,
17
banking and investment, and conduct of officers.
18
(3) The seal of the Commission is to be kept in such custody as the
19
Board directs, and is not to be used except as authorised by the
20
Board.
21
(4) All courts, judges and persons acting judicially must:
22
(a) take judicial notice of the imprint of the seal of the
23
Commission appearing on a document; and
24
(b) presume that the document was duly sealed.
25
9 Functions of the Commission
26
(1) The Commission has the following functions:
27
(a) to promote, support and encourage the implementation of
28
arrangements, programs and initiatives relating to health care
29
safety and quality matters;
30
(b) to collect, analyse, interpret and disseminate information
31
relating to health care safety and quality matters;
32
Part 2 Commission's establishment, functions and powers
Section 9
6 National Health and Hospitals Network Bill 2010 No. , 2010
(c) to advise the Minister about health care safety and quality
1
matters;
2
(d) to publish (whether on the internet or otherwise) reports and
3
papers relating to health care safety and quality matters;
4
(e) to formulate, in writing, standards relating to health care
5
safety and quality matters;
6
(f) to formulate, in writing, guidelines relating to health care
7
safety and quality matters;
8
(g) to formulate, in writing, indicators relating to health care
9
safety and quality matters;
10
(h) to promote, support and encourage the implementation of:
11
(i) standards formulated under paragraph (e); and
12
(ii) guidelines formulated under paragraph (f);
13
(i) to promote, support and encourage the use of indicators
14
formulated under paragraph (g);
15
(j) to monitor the implementation and impact of:
16
(i) standards formulated under paragraph (e); and
17
(ii) guidelines formulated under paragraph (f);
18
(k)
to
advise:
19
(i) the Minister; and
20
(ii) each participating State/Territory Health Minister;
21
about which standards formulated under paragraph (e) are
22
suitable for implementation as national clinical standards;
23
(l) to formulate model national schemes that:
24
(i) provide for the accreditation of organisations that
25
provide health care services; and
26
(ii) relate to health care safety and quality matters;
27
(m) to consult and co-operate with other persons, organisations
28
and governments on health care safety and quality matters;
29
(n) such functions (if any) as are specified in a written
30
instrument given by the Minister to the Chair;
31
(o) to promote, support, encourage, conduct and evaluate
32
training programs for purposes in connection with the
33
performance of any of the Commission's functions;
34
Commission's establishment, functions and powers Part 2
Section 10
National Health and Hospitals Network Bill 2010 No. , 2010 7
(p) to promote, support, encourage, conduct and evaluate
1
research for purposes in connection with the performance of
2
any of the Commission's functions;
3
(q) to do anything incidental to or conducive to the performance
4
of any of the above functions.
5
Note:
See also section 57 (compliance with standards and guidelines is
6
voluntary).
7
(2) Before making an instrument under paragraph (1)(n), the Minister
8
must consult each participating State/Territory Health Minister.
9
Legislative instruments
10
(3) A standard formulated under paragraph (1)(e) is not a legislative
11
instrument.
12
(4) Guidelines formulated under paragraph (1)(f) are not a legislative
13
instrument.
14
(5) An indicator formulated under paragraph (1)(g) is not a legislative
15
instrument.
16
(6) A model national scheme formulated under paragraph (1)(l) is not
17
a legislative instrument.
18
(7) An instrument made under paragraph (1)(n) is not a legislative
19
instrument.
20
10 Additional provisions about standards, guidelines and indicators
21
Scope
22
(1) This section applies to the following:
23
(a) standards formulated by the Commission under paragraph
24
9(1)(e);
25
(b) guidelines formulated by the Commission under paragraph
26
9(1)(f);
27
(c) indicators formulated by the Commission under paragraph
28
9(1)(g).
29
Part 2 Commission's establishment, functions and powers
Section 10
8 National Health and Hospitals Network Bill 2010 No. , 2010
Consultation
1
(2) Before formulating standards, guidelines or indicators, the
2
Commission must consult:
3
(a)
clinicians;
and
4
(b) bodies known as lead clinician groups; and
5
(c) each head (however described) of a Department of State of:
6
(i) a State; or
7
(ii) the Australian Capital Territory; or
8
(iii) the Northern Territory;
9
where the Department:
10
(iv) deals with matters relating to health; and
11
(v) is administered by a participating State/Territory Health
12
Minister; and
13
(d) any other persons or bodies who, in the Commission's
14
opinion, are stakeholders in relation to the formulation of the
15
standards, guidelines or indicators; and
16
(e)
the
public.
17
(3) If the Commission is of the opinion that:
18
(a) there is an urgent need to formulate particular standards,
19
guidelines or indicators; and
20
(b) because of that urgent need, it is not reasonably practicable to
21
comply with subsection (2) in relation to the formulation of
22
those standards, guidelines or indicators;
23
the Commission is not required to comply with subsection (2) in
24
relation to the formulation of those standards, guidelines or
25
indicators.
26
Application or adoption of other instruments etc.
27
(4) Standards, guidelines or indicators may apply, adopt or
28
incorporate, with or without modification, any matter contained in
29
any other instrument or writing, as existing:
30
(a) at a particular time; or
31
(b) from time to time.
32
Commission's establishment, functions and powers Part 2
Section 11
National Health and Hospitals Network Bill 2010 No. , 2010 9
Information
1
(5) Before formulating standards, guidelines or indicators, the
2
Commission must collect, analyse and interpret such information
3
as the Commission considers relevant.
4
Rules to be complied with by Commission
5
(6) The Minister may, by legislative instrument, make rules to be
6
complied with by the Commission in formulating standards,
7
guidelines or indicators.
8
(7) Before making rules under subsection (6), the Minister must
9
consult each participating State/Territory Health Minister.
10
(8) The Commission must comply with rules in force under
11
subsection (6).
12
11 Additional provisions about model national accreditation
13
schemes
14
Scope
15
(1) This section applies to a model national accreditation scheme
16
formulated by the Commission under paragraph 9(1)(l).
17
Consultation
18
(2) Before formulating a scheme, the Commission must consult:
19
(a) each head (however described) of a Department of State of:
20
(i) a State; or
21
(ii) the Australian Capital Territory; or
22
(iii) the Northern Territory;
23
where the Department:
24
(iv) deals with matters relating to health; and
25
(v) is administered by a participating State/Territory Health
26
Minister; and
27
(b) persons or bodies who, in the Commission's opinion, are
28
stakeholders in relation to the formulation of the scheme; and
29
(c)
the
public.
30
Part 2 Commission's establishment, functions and powers
Section 12
10 National Health and Hospitals Network Bill 2010 No. , 2010
Rules to be complied with by Commission
1
(3) The Minister may, by legislative instrument, make rules to be
2
complied with by the Commission in formulating a scheme.
3
(4) Before making rules under subsection (3), the Minister must
4
consult each participating State/Territory Health Minister.
5
(5) The Commission must comply with rules in force under
6
subsection (3).
7
12 Constitutional limits
8
The Commission may perform its functions only:
9
(a) for purposes related to:
10
(i) the provision of pharmaceutical, sickness or hospital
11
benefits; or
12
(ii) the provision of medical or dental services; or
13
(b) for purposes related to the granting of financial assistance to
14
a State on such terms and conditions as the Parliament thinks
15
fit; or
16
(c) for purposes related to the executive power of the
17
Commonwealth; or
18
(d) for purposes related to statistics; or
19
(e) in, or for purposes related to, a Territory; or
20
(f) in or with respect to a Commonwealth place (within the
21
meaning of the Commonwealth Places (Application of Laws)
22
Act 1970); or
23
(g) for purposes related to trade and commerce:
24
(i) between Australia and places outside Australia; or
25
(ii) among the States; or
26
(iii) within a Territory, between a State and a Territory or
27
between 2 Territories; or
28
(h) for purposes related to a corporation to which paragraph
29
51(xx) of the Constitution applies; or
30
(i) by way of the use of a postal, telegraphic, telephonic or other
31
like service within the meaning of paragraph 51(v) of the
32
Constitution; or
33
Commission's establishment, functions and powers Part 2
Section 13
National Health and Hospitals Network Bill 2010 No. , 2010 11
(j) by way of the provision of a service to:
1
(i) the Commonwealth; or
2
(ii) an authority of the Commonwealth;
3
for a purpose of the Commonwealth; or
4
(k) for purposes related to matters that are peculiarly adapted to
5
the government of a nation and that cannot otherwise be
6
carried on for the benefit of the nation; or
7
(l) for purposes related to matters incidental to the execution of
8
any of the legislative powers of the Parliament or the
9
executive power of the Commonwealth.
10
13 Powers of the Commission
11
The Commission has power to do all things necessary or
12
convenient to be done for or in connection with the performance of
13
its functions.
14
14 Charging of fees
15
Fees
16
(1) The Commission may charge fees for things done in performing its
17
functions, so long as rules are in force under subsection (2).
18
Rules to be complied with by Commission
19
(2) The Minister may, by legislative instrument, make rules to be
20
complied with by the Commission in charging fees under
21
subsection (1).
22
(3) Before making rules under subsection (2), the Minister must
23
consult each participating State/Territory Health Minister.
24
(4) The Commission must comply with rules in force under
25
subsection (2).
26
15 Commission has privileges and immunities of the Crown
27
The Commission has the privileges and immunities of the Crown
28
in right of the Commonwealth.
29
Part 2 Commission's establishment, functions and powers
Section 16
12 National Health and Hospitals Network Bill 2010 No. , 2010
16 Ministerial directions
1
(1) The Minister may give directions to the Commission in relation to
2
the performance of its functions and the exercise of its powers.
3
(2) A direction under subsection (1) must be of a general nature only.
4
(3) Before making a direction under subsection (1), the Minister must
5
consult each participating State/Territory Health Minister.
6
(4) The Commission must comply with a direction under
7
subsection (1).
8
9
The Board of the Commission Part 3
Establishment and role of the Board Division 1
Section 17
National Health and Hospitals Network Bill 2010 No. , 2010 13
Part 3--The Board of the Commission
1
Division 1--Establishment and role of the Board
2
17 Establishment
3
The Board of the Commission is established by this section.
4
Note: In
this
Act,
Board means the Board of the Commission--see
5
section 5.
6
18 Role
7
(1) The Board is responsible for ensuring the proper and efficient
8
performance of the Commission's functions.
9
(2) The Board has power to do all things necessary and convenient to
10
be done for or in connection with the performance of its duties.
11
(3) Anything done in the name of, or on behalf of, the Commission by
12
the Board, or with the authority of the Board, is taken to have been
13
done by the Commission.
14
(4) If a function or power of the Commission is dependent on the
15
opinion, belief or state of mind of the Commission in relation to a
16
matter, the function or power may be exercised upon the opinion,
17
belief or state of mind of a person or body acting as mentioned in
18
subsection (3) in relation to that matter.
19
20
Part 3 The Board of the Commission
Division 2 Members of the Board
Section 19
14 National Health and Hospitals Network Bill 2010 No. , 2010
Division 2--Members of the Board
1
19 Membership
2
The Board consists of the following members:
3
(a) the Chair of the Board;
4
(b) not fewer than 7, and not more than 9, other members.
5
Note: In
this
Act,
Chair means the Chair of the Board and Board member
6
means a member of the Board (including the Chair)--see section 5.
7
20 Appointment of Board members
8
(1) The Board members are to be appointed by the Minister.
9
(2) The appointments are to be made by written instrument.
10
(3) A person is not eligible for appointment as a Board member unless
11
the Minister is satisfied that the person has:
12
(a) substantial experience or knowledge; and
13
(b)
significant
standing;
14
in at least one of the following fields:
15
(c) public administration in relation to health care;
16
(d) provision of professional health care services;
17
(e) management of companies, or other organisations, that are
18
involved in the provision of health care services outside the
19
hospital system;
20
(f) general management of public hospitals;
21
(g) general management of private hospitals;
22
(h)
financial
management;
23
(i)
corporate
governance;
24
(j) improvement of safety and quality;
25
(k) representation of the interests of consumers;
26
(l)
law;
27
(m) a field that is specified in a legislative instrument made by
28
the Minister.
29
The Board of the Commission Part 3
Members of the Board Division 2
Section 21
National Health and Hospitals Network Bill 2010 No. , 2010 15
(4) The Minister must ensure that the Board members collectively
1
possess an appropriate balance of experience and knowledge in
2
each of the fields covered by subsection (3).
3
(5) A Board member is to be appointed on a part-time basis.
4
(6)
Before:
5
(a) appointing a Board Member under subsection (1); or
6
(b) making an instrument under paragraph (3)(m);
7
the Minister must consult each participating State/Territory Health
8
Minister.
9
21 Period of appointment for Board members
10
A Board member holds office for the period specified in the
11
instrument of appointment. The period must not exceed 5 years.
12
Note:
For re-appointment, see the Acts Interpretation Act 1901.
13
22 Acting Board members
14
Acting Chair
15
(1) The Minister may appoint a person to act as the Chair:
16
(a) during a vacancy in the office of the Chair (whether or not an
17
appointment has previously been made to the office); or
18
(b) during any period, or during all periods, when the Chair:
19
(i) is absent from duty or Australia; or
20
(ii) is, for any reason, unable to perform the duties of the
21
office.
22
Acting Board member (other than Chair)
23
(2) The Minister may appoint a person to act as a Board member
24
(other than the Chair):
25
(a) during a vacancy in the office of a Board member (other than
26
the Chair), whether or not an appointment has previously
27
been made to the office; or
28
(b) during any period, or during all periods, when a Board
29
member (other than the Chair):
30
Part 3 The Board of the Commission
Division 2 Members of the Board
Section 23
16 National Health and Hospitals Network Bill 2010 No. , 2010
(i) is absent from duty or Australia; or
1
(ii) is, for any reason, unable to perform the duties of the
2
office.
3
(3) An appointment under subsection (1) or (2) is to be made by
4
written instrument.
5
Eligibility
6
(4) A person is not eligible for appointment to act as:
7
(a) the Chair; or
8
(b) a Board member (other than the Chair);
9
unless the person is eligible for appointment as a Board member.
10
Note:
For qualifications of Board members, see subsection 20(3).
11
Validation
12
(5) Anything done by or in relation to a person purporting to act under
13
an appointment is not invalid merely because:
14
(a) the occasion for the appointment had not arisen; or
15
(b) there was a defect or irregularity in connection with the
16
appointment; or
17
(c) the appointment had ceased to have effect; or
18
(d) the occasion to act had not arisen or had ceased.
19
Note:
See sections 20 and 33A of the Acts Interpretation Act 1901.
20
23 Remuneration
21
(1) A Board member is to be paid the remuneration that is determined
22
by the Remuneration Tribunal. If no determination of that
23
remuneration by the Tribunal is in operation, a Board member is to
24
be paid the remuneration that is prescribed by the regulations.
25
(2) A Board member is to be paid the allowances that are prescribed
26
by the regulations.
27
(3) This section has effect subject to the Remuneration Tribunal Act
28
1973.
29
The Board of the Commission Part 3
Members of the Board Division 2
Section 24
National Health and Hospitals Network Bill 2010 No. , 2010 17
24 Leave of absence
1
(1) The Minister may grant the Chair leave of absence on the terms
2
and conditions that the Minister determines.
3
(2) The Chair may grant leave of absence to any other Board member
4
on the terms and conditions that the Chair determines.
5
(3) The Chair must notify the Minister if the Chair grants to a Board
6
member leave of absence for a period exceeding 6 months.
7
25 Resignation
8
(1) A Board member may resign his or her appointment by giving the
9
Minister a written resignation.
10
(2) The resignation takes effect on the day it is received by the
11
Minister or, if a later day is specified in the resignation, on that
12
later day.
13
26 Termination of appointment
14
(1) The Minister may terminate the appointment of a Board member
15
for misbehaviour or physical or mental incapacity.
16
(2) The Minister must terminate the appointment of a Board member
17
if:
18
(a)
the
Board
member:
19
(i) becomes bankrupt; or
20
(ii) applies to take the benefit of any law for the relief of
21
bankrupt or insolvent debtors; or
22
(iii) compounds with his or her creditors; or
23
(iv) makes an assignment of his or her remuneration for the
24
benefit of his or her creditors; or
25
(b) the Board member is absent, except on leave of absence,
26
from 3 consecutive meetings of the Board; or
27
(c) the Board member fails, without reasonable excuse, to
28
comply with an obligation imposed on him or her by
29
section 27F or 27J of the Commonwealth Authorities and
30
Companies Act 1997.
31
Part 3 The Board of the Commission
Division 2 Members of the Board
Section 27
18 National Health and Hospitals Network Bill 2010 No. , 2010
(3) Before terminating the appointment of a Board member under
1
subsection (1), the Minister must consult each participating
2
State/Territory Health Minister.
3
27 Other terms and conditions
4
A Board member holds office on the terms and conditions (if any)
5
in relation to matters not covered by this Act that are determined
6
by the Minister.
7
8
The Board of the Commission Part 3
Procedures of the Board Division 3
Section 28
National Health and Hospitals Network Bill 2010 No. , 2010 19
Division 3--Procedures of the Board
1
28 Convening of meetings
2
(1) The Chair must convene 3 meetings of the Board in each calendar
3
year.
4
(2) The Chair may convene such additional meetings (if any) as are, in
5
his or her opinion, necessary for the conduct of the Commission's
6
affairs.
7
(3) The Chair must convene a meeting of the Board if directed to do so
8
by the Minister.
9
29 Presiding at meetings
10
(1) The Chair must preside at all meetings of the Board at which he or
11
she is present.
12
(2) If the Chair is not present at a meeting, the Board members present
13
must elect one of their number to preside at the meeting.
14
30 Quorum
15
At a meeting of the Board, a quorum is constituted by:
16
(a) if the total number of Board members is 8 or 9--5 Board
17
members; or
18
(b) if the total number of Board members is 10--6 Board
19
members.
20
31 Voting at meetings
21
(1) At a meeting of the Board, a question is decided by a majority of
22
the votes of Board members present and voting.
23
(2) The Board member presiding at the meeting has:
24
(a) a deliberative vote; and
25
(b) in the event of an equality of votes, a casting vote.
26
Part 3 The Board of the Commission
Division 3 Procedures of the Board
Section 32
20 National Health and Hospitals Network Bill 2010 No. , 2010
32 Decisions without meetings
1
(1) The Board is taken to have made a decision at a meeting if:
2
(a) without meeting, a majority of the Board members entitled to
3
vote on the proposed decision indicate agreement with the
4
decision; and
5
(b) that agreement is indicated in accordance with the method
6
determined by the Board under subsection (2); and
7
(c) all the Board members were informed of the proposed
8
decision, or reasonable efforts were made to inform all the
9
Board members of the proposed decision.
10
(2) Subsection (1) does not apply unless the Board:
11
(a) has determined that it may make decisions of that kind
12
without meeting; and
13
(b) has determined the method by which Board members are to
14
indicate agreement with proposed decisions.
15
(3) For the purposes of paragraph (1)(a), a Board member is not
16
entitled to vote on a proposed decision if the Board member would
17
not have been entitled to vote on that proposal if the matter had
18
been considered at a meeting of the Board.
19
33 Conduct of meetings
20
Subject to this Act and the Commonwealth Authorities and
21
Companies Act 1997, the Board may regulate the conduct of its
22
meetings as it thinks fit.
23
Note:
Section 33B of the Acts Interpretation Act 1901 contains further
24
information about the ways in which Board members may participate
25
in meetings.
26
34 Minutes
27
The Board must keep minutes of its meetings.
28
29
The Board of the Commission Part 3
Delegation by the Board Division 4
Section 35
National Health and Hospitals Network Bill 2010 No. , 2010 21
Division 4--Delegation by the Board
1
35 Delegation by the Board
2
(1) The Board may, by writing, delegate any or all of its functions and
3
powers to:
4
(a) a Board member; or
5
(b) the CEO; or
6
(c) a person who is:
7
(i) a member of the staff of the Commission; and
8
(ii) an SES employee or acting SES employee.
9
Note: The
expressions
SES employee and acting SES employee are defined
10
in the Acts Interpretation Act 1901.
11
(2) A delegate must comply with any written directions of the Board.
12
13
Part 4 Chief Executive Officer, staff and consultants
Division 1 Chief Executive Officer of the Commission
Section 36
22 National Health and Hospitals Network Bill 2010 No. , 2010
Part 4--Chief Executive Officer, staff and
1
consultants
2
Division 1--Chief Executive Officer of the Commission
3
36 Establishment
4
There is to be a Chief Executive Officer of the Commission.
5
Note: In
this
Act,
CEO means the Chief Executive Officer of the
6
Commission--see section 5.
7
37 Role
8
(1) The CEO is responsible for the day-to-day administration of the
9
Commission.
10
(2) The CEO has power to do all things necessary or convenient to be
11
done for or in connection with the performance of his or her duties.
12
(3) The CEO is to act in accordance with the policies determined, and
13
any directions given, by the Board.
14
38 Appointment
15
(1) The CEO is to be appointed:
16
(a) in the case of the first appointment made under this
17
subsection--by the Minister; or
18
(b) otherwise--by the Board.
19
(2) If the appointment is covered by paragraph (1)(a), then before the
20
Minister makes the appointment, the Minister must consult each
21
participating State/Territory Health Minister.
22
(3) If the appointment is covered by paragraph (1)(b), then before the
23
Board makes the appointment:
24
(a) the Board must consult the Minister; and
25
(b) the Minister must consult each participating State/Territory
26
Health Minister.
27
(4) The appointment is to be made by written instrument.
28
Chief Executive Officer, staff and consultants Part 4
Chief Executive Officer of the Commission Division 1
Section 39
National Health and Hospitals Network Bill 2010 No. , 2010 23
(5) The CEO holds office on a full-time basis.
1
(6) The CEO holds office for the period specified in the instrument of
2
appointment. The period must not exceed 5 years.
3
Note:
For re-appointment, see the Acts Interpretation Act 1901.
4
(7) The CEO must not be a Board member.
5
39 Acting appointments
6
(1) The Board may appoint a person to act as the CEO:
7
(a) during a vacancy in the office of the CEO (whether or not an
8
appointment has previously been made to the office); or
9
(b) during any period, or during all periods, when the CEO:
10
(i) is absent from duty or from Australia; or
11
(ii) is, for any reason, unable to perform the duties of the
12
office.
13
(2) An appointment under subsection (1) is to be made by written
14
instrument.
15
(3) Anything done by or in relation to a person purporting to act under
16
an appointment under subsection (1) is not invalid merely because:
17
(a) the occasion for the appointment had not arisen; or
18
(b) there was a defect or irregularity in connection with the
19
appointment; or
20
(c) the appointment had ceased to have effect; or
21
(d) the occasion to act had not arisen or had ceased.
22
Note:
For more about acting appointments, see sections 20 and 33A of the
23
Acts Interpretation Act 1901.
24
40 Outside employment
25
(1) The CEO must not engage in paid employment outside the duties
26
of his or her office without the Chair's approval.
27
(2) The Chair must notify the Minister of any approval given under
28
subsection (1).
29
Part 4 Chief Executive Officer, staff and consultants
Division 1 Chief Executive Officer of the Commission
Section 41
24 National Health and Hospitals Network Bill 2010 No. , 2010
41 Remuneration
1
(1) The CEO is to be paid the remuneration that is determined by the
2
Remuneration Tribunal. If no determination of that remuneration
3
by the Tribunal is in operation, the CEO is to be paid the
4
remuneration that is prescribed by the regulations.
5
(2) The CEO is to be paid the allowances that are prescribed by the
6
regulations.
7
(3) This section has effect subject to the Remuneration Tribunal Act
8
1973.
9
42 Leave
10
(1) The CEO has the recreation leave entitlements that are determined
11
by the Remuneration Tribunal.
12
(2) The Chair may grant the CEO leave of absence, other than
13
recreation leave, on the terms and conditions as to remuneration or
14
otherwise that the Chair determines.
15
(3) The Chair must notify the Minister if the Chair grants the CEO
16
leave of absence for a period exceeding 2 months.
17
43 Disclosure of interests
18
The CEO must give written notice to the Board of all material
19
personal interests that the CEO has or acquires and that conflict or
20
could conflict with the proper performance of the CEO's duties.
21
44 Resignation
22
(1) The CEO may resign his or her appointment by giving the Chair a
23
written resignation.
24
(2) The resignation takes effect on the day it is received by the Chair
25
or, if a later day is specified in the resignation, on that later day.
26
(3) If the CEO resigns under this section, the Chair must notify the
27
Minister of the resignation.
28
Chief Executive Officer, staff and consultants Part 4
Chief Executive Officer of the Commission Division 1
Section 45
National Health and Hospitals Network Bill 2010 No. , 2010 25
45 Termination of appointment
1
(1) The Board may terminate the appointment of the CEO for
2
misbehaviour or physical or mental incapacity.
3
(2) The Board may terminate the appointment of the CEO if the Board
4
is satisfied that the CEO's performance has been unsatisfactory.
5
(3) Before the Board terminates the appointment of the CEO under
6
subsection (1) or (2):
7
(a) the Board must consult the Minister; and
8
(b) the Minister must consult each participating State/Territory
9
Health Minister.
10
(4) The Board must terminate the appointment of the CEO if:
11
(a)
the
CEO:
12
(i) becomes bankrupt; or
13
(ii) applies to take the benefit of any law for the relief of
14
bankrupt or insolvent debtors; or
15
(iii) compounds with his or her creditors; or
16
(iv) makes an assignment of his or her remuneration for the
17
benefit of his or her creditors; or
18
(b) the CEO is absent, except on leave of absence, for 14
19
consecutive days or for 28 days in any 12 months; or
20
(c) the CEO fails, without reasonable excuse, to comply with
21
section 43; or
22
(d) the CEO engages, except with the Chair's approval, in paid
23
employment outside the duties of his or her office (see
24
section 40).
25
(5) If the Board terminates the appointment of the CEO, the Board
26
must notify:
27
(a) the Minister; and
28
(b) each participating State/Territory Health Minister;
29
of the termination.
30
Part 4 Chief Executive Officer, staff and consultants
Division 1 Chief Executive Officer of the Commission
Section 46
26 National Health and Hospitals Network Bill 2010 No. , 2010
46 Other terms and conditions
1
The CEO holds office on the terms and conditions (if any) in
2
relation to matters not covered by this Act that are determined by
3
the Board.
4
5
Chief Executive Officer, staff and consultants Part 4
Staff and consultants Division 2
Section 47
National Health and Hospitals Network Bill 2010 No. , 2010 27
Division 2--Staff and consultants
1
47 Staff
2
(1) The staff of the Commission are to be persons engaged under the
3
Public Service Act 1999.
4
(2) For the purposes of the Public Service Act 1999:
5
(a) the CEO and the staff of the Commission together constitute
6
a Statutory Agency; and
7
(b) the CEO is the Head of that Statutory Agency.
8
48 Persons assisting the Commission
9
The Commission may also be assisted:
10
(a) by officers and employees of Agencies (within the meaning
11
of the Public Service Act 1999); or
12
(b) by officers and employees of authorities of the
13
Commonwealth; or
14
(c) by officers and employees of a State or Territory; or
15
(d) by officers and employees of authorities of a State or
16
Territory;
17
whose services are made available to the Commission in
18
connection with the performance of any of its functions.
19
49 Consultants
20
The Commission may engage consultants to assist in the
21
performance of its functions.
22
23
Part 5 Committees
Section 50
28 National Health and Hospitals Network Bill 2010 No. , 2010
Part 5--Committees
1
2
50 Committees
3
(1) The Commission may establish committees to advise or assist it in
4
the performance of its functions.
5
(2) A committee may be constituted:
6
(a) wholly by Board members; or
7
(b) wholly by persons who are not Board members; or
8
(c) partly by Board members and partly by other persons.
9
(3) The Commission may determine, in relation to a committee
10
established under this section:
11
(a) the committee's terms of reference; and
12
(b) the terms and conditions of appointment of the members of
13
the committee; and
14
(c) the procedures to be followed by the committee.
15
51 Remuneration and allowances
16
Scope
17
(1) This section applies if a committee is established under section 50.
18
Remuneration and allowances
19
(2) A committee member is to be paid the remuneration that is
20
determined by the Remuneration Tribunal. If no determination of
21
that remuneration by the Tribunal is in operation, the member is to
22
be paid the remuneration that is prescribed by the regulations.
23
(3) However, a committee member is not entitled to be paid
24
remuneration if he or she holds an office or appointment, or is
25
otherwise employed, on a full-time basis in the service or
26
employment of:
27
(a) a State; or
28
(b) a corporation (a public statutory corporation) that:
29
Committees Part 5
Section 51
National Health and Hospitals Network Bill 2010 No. , 2010 29
(i) is established for a public purpose by a law of a State;
1
and
2
(ii) is not a tertiary education institution; or
3
(c) a company limited by guarantee, where the interests and
4
rights of the members in or in relation to the company are
5
beneficially owned by a State; or
6
(d) a company in which all the stock or shares are beneficially
7
owned by a State or by a public statutory corporation.
8
Note:
A similar rule applies to a committee member who has a similar
9
relationship with the Commonwealth or a Territory. See subsection
10
7(11) of the Remuneration Tribunal Act 1973.
11
(4) A committee member is to be paid the allowances that are
12
prescribed by the regulations.
13
(5) This section (other than subsection (3)) has effect subject to the
14
Remuneration Tribunal Act 1973.
15
16
Part 6 Reporting and planning obligations of the Commission
Section 52
30 National Health and Hospitals Network Bill 2010 No. , 2010
Part 6--Reporting and planning obligations of the
1
Commission
2
3
52 Minister may require the Commission to prepare reports or give
4
information
5
Reports
6
(1) The Minister may, by written notice given to the Commission,
7
require the Commission to:
8
(a) prepare a report about one or more specified matters relating
9
to the performance of the Commission's functions; and
10
(b) give copies of the report to the Minister within the period
11
specified in the notice.
12
Information
13
(2) The Minister may, by written notice given to the Commission,
14
require the Commission to:
15
(a) prepare a document setting out specified information relating
16
to the performance of the Commission's functions; and
17
(b) give copies of the document to the Minister within the period
18
specified in the notice.
19
Compliance
20
(3) The Commission must comply with a requirement under
21
subsection (1) or (2).
22
Publication of reports and documents
23
(4) The Minister may cause to be published (whether on the internet or
24
otherwise):
25
(a) a report under subsection (1); or
26
(b) a document under subsection (2).
27
Reports and documents
28
(5) A report under subsection (1) is not a legislative instrument.
29
Reporting and planning obligations of the Commission Part 6
Section 53
National Health and Hospitals Network Bill 2010 No. , 2010 31
(6) A document under subsection (2) is not a legislative instrument.
1
53 Annual report
2
The Commission must include in each report on the Commission
3
under section 9 of the Commonwealth Authorities and Companies
4
Act 1997 for a financial year:
5
(a) an assessment of the performance of each of the
6
Commission's functions during the financial year; and
7
(b) an assessment of the impact of the performance of each of the
8
Commission's functions during the financial year; and
9
(c) an assessment of:
10
(i) the safety of health care services provided during the
11
financial year; and
12
(ii) the quality of health care services provided during the
13
financial year.
14
54 Work plan
15
Work plan
16
(1) The Commission must prepare a work plan during each financial
17
year and give it to the Minister.
18
(2) The work plan must set out the Commission's priorities for work to
19
be undertaken during the next 3 financial years.
20
(3) As soon as practicable after receiving a work plan under
21
subsection (1), the Minister must give a copy of the work plan to
22
each participating State/Territory Health Minister.
23
Consultation on draft work plan
24
(4) Before preparing a work plan under subsection (1) during a
25
financial year, the Commission must:
26
(a) prepare a draft of the work plan and give it to the Minister;
27
and
28
(b) do so during the period that starts at the beginning of the
29
financial year and ends:
30
(i) at the end of 31 October in the financial year; or
31
Part 6 Reporting and planning obligations of the Commission
Section 54
32 National Health and Hospitals Network Bill 2010 No. , 2010
(ii) if another day in the financial year is specified in a
1
written instrument made by the Minister--at the end of
2
that other day.
3
(5) As soon as practicable after receiving a draft work plan under
4
subsection (4), the Minister must:
5
(a) give a copy of the draft work plan to each participating
6
State/Territory Health Minister; and
7
(b) invite each participating State/Territory Health Minister to
8
make a written submission to the Commission about the draft
9
work plan within:
10
(i) 90 days after the invitation is given; or
11
(ii) if another period is specified in the invitation--that
12
other period.
13
(6) In preparing a work plan under subsection (1), the Commission
14
must have regard to any submissions made by participating
15
State/Territory Health Ministers under paragraph (5)(b) in relation
16
to the draft of the work plan.
17
Legislative instrument
18
(7) An instrument under subparagraph (4)(b)(ii) is not a legislative
19
instrument.
20
21
Miscellaneous Part 7
Section 55
National Health and Hospitals Network Bill 2010 No. , 2010 33
Part 7--Miscellaneous
1
2
55 CEO not subject to direction by the Board on certain matters
3
To avoid doubt, the CEO is not subject to direction by the Board in
4
relation to the CEO's performance of functions, or exercise of
5
powers, under the Public Service Act 1999, in relation to the
6
Commission.
7
56 Taxation
8
The Commission is not subject to taxation under any law of the
9
Commonwealth or of a State or Territory.
10
57 Compliance with standards and guidelines
11
(1) Compliance with a standard formulated under paragraph 9(1)(e), or
12
a guideline formulated under paragraph 9(1)(f), is voluntary.
13
(2) Subsection (1) does not prevent compliance with a standard
14
formulated under paragraph 9(1)(e), or a guideline formulated
15
under paragraph 9(1)(f), from being a term or condition of:
16
(a) a grant; or
17
(b) a contract or other legally enforceable agreement.
18
(3) Subsection (1) does not prevent a standard formulated under
19
paragraph 9(1)(e), or a guideline formulated under paragraph
20
9(1)(f), from being applied or adopted by or under:
21
(a) a law of a State or Territory; or
22
(b) a law of the Commonwealth other than this Act.
23
58 Protection of patient confidentiality
24
(1) In the performance of the Commission's functions, the
25
Commission must not publish or disseminate information that is
26
likely to enable the identification of a particular patient.
27
(2) Subsection (1) does not apply if the publication or dissemination of
28
the information takes place with the consent of:
29
Part 7 Miscellaneous
Section 59
34 National Health and Hospitals Network Bill 2010 No. , 2010
(a) if the patient is aged at least 18 years--the patient; or
1
(b) if the patient has died but is survived by a person (the
2
surviving partner) who was:
3
(i) his or her partner immediately before he or she died;
4
and
5
(ii) living with him or her immediately before he or she
6
died;
7
the surviving partner; or
8
(c) in any other case--an individual who, under the regulations,
9
is authorised to give consent to the publication or
10
dissemination of the information.
11
(3) For the purposes of paragraph (2)(b), a person is taken to have
12
been living with his or her partner at a particular time if they were
13
not living together at that time only because of:
14
(a) a temporary absence from each other; or
15
(b) illness or infirmity of either or both of them.
16
59 Concurrent operation of State and Territory laws etc.
17
This Act is not intended to exclude or limit the operation of a law
18
of a State or Territory that is capable of operating concurrently
19
with this Act.
20
60 Regulations
21
The Governor-General may make regulations prescribing matters:
22
(a) required or permitted by this Act to be prescribed; or
23
(b) necessary or convenient to be prescribed for carrying out or
24
giving effect to this Act.
25