South Australian Numbered Acts

HEALTH CARE ACT 2008 (NO 3 OF 2008) - SECT 17

17—Constitution and rules

        (1)         A HAC that is incorporated under this Act will have a constitution determined by the Minister.

        (2)         A constitution—

            (a)         must address the appointment of persons as the members of the governing body of the HAC (including by determining the number of members) and, in respect of those members—

                  (i)         the method by which they may be appointed, and their terms of office; and

                  (ii)         the conditions of appointment, or a method by which those conditions will be determined; and

            (b)         may provide for the appointment of deputies of members of the governing body of the HAC; and

            (c)         must specify the functions of the HAC and may, in doing so, provide for functions of the HAC that are in addition to those specified under Division 2, or limit or regulate the functions or powers of the HAC under this Act; and

            (d)         may make any other provision that, in the opinion of the Minister, is necessary or expedient in connection with the functions, powers or activities of the HAC.

        (3)         A HAC that is not incorporated under this Act will have rules determined by the Minister.

        (4)         A set of rules—

            (a)         must address the appointment of persons as members of the HAC (including by determining the number of members) and, in respect of those members—

                  (i)         the method by which they may be appointed, and their terms of office; and

                  (ii)         the conditions of appointment, or a method by which those conditions will be determined; and

            (b)         may provide for the appointment of deputies of members of the HAC; and

            (c)         must specify the functions of the HAC and may, in doing so, provide for functions of the HAC that are in addition to those specified under Division 2, or limit or regulate the functions or powers of the HAC under this Act; and

            (d)         may make any other provision that, in the opinion of the Minister, is necessary or expedient in relation to the functions, powers or activities of the HAC.

        (5)         If a HAC is established in relation to an incorporated hospital established to provide services within the country areas of the State, the constitution or rules of the HAC (as the case may be) must provide that a majority of members of the governing body of the HAC (in the case of an incorporated HAC) or a majority of members of the HAC (in the case of a HAC that is not incorporated) are persons who are selected or appointed on the basis of being members of the local community.

        (6)         The Minister may publish a constitution or set of rules in such manner as the Minister thinks fit.

        (7)         The Minister may, as the Minister thinks fit, vary a constitution or set of rules from time to time.

        (8)         For the purposes of facilitating the operation of this section, the Minister must develop a model constitution and a model set of rules (and may then vary or replace any such model from time to time).

        (9)         The Minister must, in varying or replacing a model, undertake the consultation required by the regulations.

        (10)         To avoid doubt, the Minister may depart from a model in a particular case.