South Australian Numbered Acts

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HEALTH CARE ACT 2008 (NO 3 OF 2008) - SECT 34

34—Employed staff

        (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 .

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