South Australian Numbered Acts South Australian Numbered ActsSection 33—delete the section and substitute:
33—Governance and management arrangements
(1) Each incorporated hospital is to be governed by a board (a "governing board").
(2) The functions of a governing board for an incorporated hospital include the following:
(a) to ensure effective clinical and corporate governance frameworks are established to support the maintenance and improvement of standards of patient care and services by the incorporated hospital and to approve those frameworks;
(b) to ensure—
(i) the operations of the incorporated hospital are carried out efficiently, effectively and economically; and
(ii) the incorporated hospital manages its budget so that performance targets are met; and
(iii) that hospital resources are applied equitably to meet the needs of the community served by the incorporated hospital;
(c) to ensure strategic plans to guide the delivery of services are developed for the incorporated hospital and to approve those plans;
(d) to provide strategic oversight of and monitor the incorporated hospital's financial and operational performance;
(e) to prepare and keep under review strategies—
(i) for the provision of health services by the incorporated hospital; and
(ii) to promote consultation with health professionals working in the incorporated hospital; and
(iii) to promote consultation with health consumers and community members about the provision of health services by the incorporated hospital;
(f) to advise providers and consumers of health services, and other members of the community served by the incorporated hospital, as to the hospital's policies, plans and initiatives for the provision of health services;
(g) to manage performance against the performance measures in the service agreement between the incorporated hospital and the Chief Executive;
(h) to cooperate with other providers of health services, including providers of primary health care, in planning for, and providing, health services;
(i) to endorse the incorporated hospital's annual report;
(j) to liaise with the boards of other incorporated hospitals and the Chief Executive in relation to both local and statewide initiatives for the provision of health services.
(3) A governing board is also to carry out other functions assigned to the board by or under this or any other Act, or by the Minister.
(4) The governing board for an incorporated hospital—
(a) must comply with any directions of the Minister and any directions of the Chief Executive; and
(b) must comply with any policies of the Department specified by the Minister or the Chief Executive to apply to a governing board in the performance of its functions; and
(c) must not exercise a function in a way that is inconsistent with the exercise of a function by the Chief Executive (including a function that has been delegated to the Chief Executive).
(5) An act done or decision made by the governing board for an incorporated hospital in the course of official functions and duties is an act or decision of the incorporated hospital.
33A—Engagement strategies
(1) The governing board for an incorporated hospital must develop and publish the following strategies:
(a) a strategy to promote consultation with health professionals working in the incorporated hospital (a "clinician engagement strategy");
(b) a strategy to promote consultation with health consumers and members of the community about the provision of health services by the incorporated hospital (a "consumer and community engagement strategy").
(2) The governing board must consult with the following persons in developing the strategies:
(a) for the clinician engagement strategy—health professionals working in the incorporated hospital;
(b) for the consumer and community engagement strategy—health consumers and members of the community.
(3) A strategy developed and published under this section must—
(a) satisfy any requirements prescribed by regulation for that strategy; and
(b) be published in a way that allows the strategy to be accessed by members of the public, including, for example, on the Internet.
(4) The governing board and the incorporated hospital must give effect to the strategies developed and published under this section in performing functions under this Act.
33B—Composition of governing boards for incorporated hospitals
(1) A governing board for an incorporated hospital consists of 6 or more members (but not more than 8) appointed by the Minister, being persons who collectively have, in the opinion of the Minister, knowledge, skills and experience necessary to enable the board to carry out its functions effectively.
(2) As far as is practicable, the membership of a governing board for an incorporated hospital must comprise persons who between them have knowledge of, and experience and expertise in, the following fields:
(a) health management;
(b) clinical governance;
(c) commercial management;
(d) financial management;
(e) the practice of the law;
(f) the provision of health services;
(g) other knowledge, experience and expertise that, in the opinion of the Minister, will enable the effective performance of the board's functions.
(3) At least 2 members of a governing board must be health professionals.
(4) At least 1 member of a governing board must be a person who has expertise, knowledge or experience in relation to Aboriginal health.
(5) A person is not eligible for appointment to the governing board for an incorporated hospital if—
(a) the person is employed to work at the incorporated hospital; or
(b) the person provides a service to the incorporated hospital; or
(c) the person is an employee of the Department.
(6) A governing board must, as far as practicable, be comprised of equal numbers of women and men.
(7) On the office of a member of a governing board becoming vacant, a person may be appointed in accordance with this Act to the vacant office.
(8) The Minister may appoint a suitable person to be the deputy of a member of a governing board during any period of absence of the member (and any reference to a member in this Act will be taken to include, unless the contrary intention appears, a reference to a deputy while acting as a member of the board).
(9) In this section—
"health professional" means—
(a) an individual who holds, or has previously held, general registration in a health profession under the Health Practitioner Regulation National Law (South Australia)
; or
(b) an individual who practises, or has previously practised, a profession providing health services involving the provision of care or treatment to other persons (directly or indirectly).
33C—Members of governing boards for incorporated hospitals to act in public interest
A member of a governing board for an incorporated hospital is to act impartially and in the public interest in performing the member's duties.
33D—Disclosure of pecuniary or personal interest
(1) A member of a governing board who has a pecuniary or personal interest in a matter being considered or about to be considered by the board must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.
Maximum penalty: $25 000.
(2) A member of a committee who has a pecuniary or personal interest in a matter being considered or about to be considered by the committee must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a committee meeting.
Maximum penalty: $25 000.
(3) A member of a governing board or a committee who has a pecuniary or personal interest in a matter being considered or about to be considered by the board or the committee—
(a) must not vote, whether at a meeting or otherwise, on the matter; and
(b) must not be present while the matter is being considered at the meeting.
does not apply if—
(a) a member of a governing board or committee has disclosed an interest in a matter under subsection (1)
or (2)
; and
(b) the board or committee (as the case requires) has at any time passed a resolution that—
(i) specifies the member, the interest and the matter; and
(ii) states that the members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct and should not disqualify the member from considering or voting on the matter.
(5) Despite a provision of Schedule 3, if a member of a governing board is disqualified under subsection (3)
in relation to a matter, a quorum is present during the consideration of the matter if at least half the number of members who are entitled to vote on any motion that may be moved at the meeting in relation to the matter are present.
(6) The Minister may by instrument in writing declare that subsection (3)
or subsection (5)
, or both, do not apply in relation to a specified matter either generally or in voting on particular resolutions.
(7) The Minister must cause a copy of a declaration under subsection (6)
to be laid before both Houses of Parliament within 14 sitting days after the declaration is made.
(8) Particulars of a disclosure made under subsection (1)
or (2)
at a meeting of a governing board or committee of a governing board must be recorded—
(a) in the minutes of the meeting; and
(b) in a register kept by the board which must be reasonably available for inspection by any person.
(9) A reference in subsection (3)
to a matter includes a reference to a proposed resolution under subsection (4)
in respect of the matter, whether relating to that member or a different member.
(10) Subsection (2)
applies to a person who is a member of a committee and also a member of a governing board even though the person has already disclosed the nature of the interest at a board meeting.
(11) A contravention of this section does not invalidate any decision of the board.
(12) Section 8 of the Public Sector (Honesty and Accountability) Act 1995
does not apply to a member of a governing board.
(13) In this section—
"committee" means a committee or subcommittee established by a governing board under Schedule 3 clause 9.
33E—Chief executive officer for incorporated hospital
(1) The governing board for an incorporated hospital may, after consultation with the Chief Executive, appoint—
(a) a specified person; or
(b) a person occupying a specified office or position,
as the chief executive officer of the incorporated hospital.
(2) An appointment under subsection (1)
—
(a) takes effect following confirmation of the appointment by the Chief Executive; and
(b) is revocable by the governing board at any time, subject to the confirmation of the Chief Executive.
(3) The chief executive officer of an incorporated hospital is responsible for managing the operations and affairs of the hospital and is accountable to, and subject to the direction of, the governing board for the hospital in undertaking that function (although the governing board cannot give a direction concerning the medical treatment of a particular person).
(4) An act done or decision made by the chief executive officer of an incorporated hospital in the course of official functions and duties is an act or decision of the incorporated hospital.
33F—Provisions relating to members, procedures, committees and subcommittees etc
Schedule 3 applies in respect of governing boards for incorporated hospitals.