South Australian Numbered Acts South Australian Numbered Acts (1) An
employing authority may employ persons to perform functions in connection with
the operations or activities of an incorporated hospital.
(2) The terms and
conditions of employment of a person under subsection (1) will be fixed
by the employing authority and approved by the Commissioner for Public
Employment.
(3) A person employed
under this section will be taken to be employed by or on behalf of the Crown
(but will not be employed in the Public Service of the State unless brought
into an administrative unit under the Public Sector Management Act 1995
).
(4) An
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of another
incorporated hospital, or any other public sector agency, specified by the
employing authority (and the person must comply with that direction).
(5) An
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However, no
Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) An
employing authority may delegate a power or function under this section.
(8) A delegation under
subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in
any matter; and
(f) may
be revoked at any time by the employing authority.
(9) A change in the
person who constitutes an employing authority under this Act will not affect
the continuity of employment of a person under this section.
(10) An
incorporated hospital must, at the direction of the Minister, the Treasurer or
an employing authority, make payments with respect to any matter arising in
connection with the employment of a person under this section (including, but
not limited to, payments with respect to salary or other aspects of
remuneration, leave entitlements, superannuation contributions, taxation
liabilities, workers compensation payments, termination payments, public
liability insurance and vicarious liabilities).
(11) An
incorporated hospital does not have the power to employ any person unless
specifically authorised by the Minister.
(12) An
incorporated hospital may, under an arrangement established by the responsible
Minister or, if relevant, approved by a responsible public sector entity, make
use of the staff, services or facilities of an administrative unit or another
public sector agency.
(13) On the
incorporation of a hospital under this Part, any Public Service employees who
had, before the date of incorporation, been assigned by the Chief Executive to
work in the hospital and have been designated by the Chief Executive as
employees to whom this subsection applies will become persons employed by the
employing authority under this section on terms and conditions fixed by the
Chief Executive (without reduction of salary or status).
(14) In this
section—
"public sector agency" has the same meaning as in the Public Sector Management
Act 1995 .