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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Health Services (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. New sections 46-51 substituted and 51A inserted 2
46. Board of management 2
47. Terms and conditions of appointment or election 2
48. Proceedings of boards 3
49. Casual vacancies 3
50. Resignation and removal 8
51. Elected members 8
51A. Validity of acts or decisions of a board 10
4. Regulations about elections for boards 11
5. New Part 10 inserted 11
PART 10--FURTHER TRANSITIONALS 11
230. Transitional provision for boards of community health
centres 11
ENDNOTES 14
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541132B.A1-2/3/2001 BILL LA AS SENT 2/3/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 15 November 2000
As amended by Assembly 1 March 2001
A BILL
to amend the Health Services Act 1988 to provide for elected and
appointed members of boards of community health centres and for
other purposes.
Health Services (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Health Services Act 1988 to provide for elected
and appointed members of boards of community
5 health centres.
2. Commencement
This Act comes into operation on 1 April 2001.
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3. New sections 46-51 substituted and 51A inserted
See:
For sections 46 to 51 of the Health Services Act Act No.
1988 substitute-- 49/1988
Reprint No. 8
"46. Board of management as at
1 July 2000.
5 (1) There shall be a board of management of LawToday:
www.dms.
each community health centre. dpc.vic.
gov.au
(2) The board of management of a community
health centre shall consist of not less than 7
and not more than 9 members, of whom--
10 (a) not less than 4 and not more than 5 are
to be elected by and from the electors
of the community health centre in
accordance with the regulations;
(b) not less than 2 and not more than 4 are
15 to be appointed by the Governor in
Council, on the nomination of the
Minister.
(3) The Minister must consult with the current
members of a board before nominating a
20 person as a member of the board to the
Governor in Council.
(4) A person who is employed by a community
health centre is not entitled to be a member
of the board of that centre.
25 (5) The Public Sector Management and
Employment Act 1998 does not apply to a
member of a board in respect of the office of
member.
47. Terms and conditions of appointment or
30 election
(1) An appointed member of a board holds
office until the third annual general meeting
of the centre after his or her appointment and
is eligible for re-appointment.
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(2) An elected member of a board holds office
until the third annual general meeting of the
centre after his or her election and is eligible
for re-election.
5 (3) The board may pay to a member of a board
out of the annual grant provided under sub-
section (4) an amount or amounts as
reimbursement for reasonable expenses
approved by the board that were incurred by
10 the member in the course of performing the
duties of his or her office as a member of the
board.
(4) The Secretary may provide an annual grant
to the board of a community health centre to
15 defray the reimbursement of expenses
referred to in sub-section (3).
48. Proceedings of boards
(1) Each member of a board of a community
health centre has one vote on any question to
20 be determined by the board.
(2) A quorum of a board consists of a majority
of the members of the board for the time
being.
(3) Subject to this Division, the procedure of a
25 board is in the discretion of the board.
49. Casual vacancies
(1) This section applies if a vacancy occurs in an
office of a member of a board arising
otherwise than by the expiration of the term
30 for which the member was appointed, elected
or co-opted.
(2) If the vacancy occurs in an appointed office
or the office of a person co-opted in
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accordance with this section to fill a vacancy
in an appointed office and the number of
members of the Board remaining in office
after the vacancy occurs is less than 7--
5 (a) the board must appoint a member to the
board by co-option to fill the vacant
office until the next annual general
meeting, or until the date that the term
of the member who last vacated that
10 office would have expired, whichever
occurs first or an earlier date
determined by the Board; and
(b) if a person is co-opted under paragraph
(a) to a date earlier than the date that
15 the term of the member appointed
under section 46 would have expired,
another person must be appointed in
accordance with section 46 to fill the
vacancy from that earlier date to the
20 date that the term would have expired.
(3) If a vacancy occurs in an appointed office or
the office of a person co-opted in accordance
with this section to fill a vacancy in an
appointed office and the number of members
25 of the Board remaining in office after the
vacancy occurs is 7 or more--
(a) the board may appoint a member to the
board by co-option to fill the vacant
office until the next annual general
30 meeting, or until the date that the term
of the member who last vacated that
office would have expired, whichever
occurs first or an earlier date
determined by the Board; and
35 (b) if a person is co-opted under paragraph
(a) to a date earlier than the date that
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the term of the member appointed
under section 46 would have expired,
another person may be appointed in
accordance with section 46 to fill the
5 vacancy from that earlier date to the
date that the term would have expired.
(4) If the vacancy occurs in an elected office or
the office of a person co-opted in accordance
with this section to fill a vacancy in an
10 elected office and the number of members of
the Board remaining in office after the
vacancy occurs is less than 7 or the number
of elected members is less than 4--
(a) if--
15 (i) the regulations provide for a
system of voting for elections of
members of boards which makes
provision for a count back of
votes or another method of
20 ascertaining the next person
eligible to be elected; and
(ii) the person who was, in
accordance with the regulations,
determined to be the next person
25 eligible to be elected at the last
election for the board is eligible
and available to be a member of
the board--
that person is deemed to be elected as a
30 member of the board for the remainder
of the term of the elected member who
vacated the office; or
(b) if there is no person eligible and
available in accordance with
35 paragraph (a)--
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(i) the board must appoint a member
to the board by co-option to fill
the vacant office until the next
annual general meeting, or until
5 the date that the term of the
member who last vacated that
office would have expired,
whichever occurs first or an
earlier date determined by the
10 Board; and
(ii) if a person is co-opted under
paragraph (b)(i) to a date earlier
than the date that the term of the
elected member would have
15 expired, another election must be
held to elect a person in
accordance with section 46 to fill
the vacancy from that earlier date
to the date that the term would
20 have expired.
(5) If a vacancy occurs in an elected office or
the office of a person co-opted in accordance
with this section to fill a vacancy in an
elected office and the number of members of
25 the Board remaining in office after the
vacancy occurs is 7 or more and the number
of elected members is 4 or more--
(a) if--
(i) the regulations provide for a
30 system of voting for elections of
members of boards which makes
provision for a count back of
votes or another method of
ascertaining the next person
35 eligible to be elected; and
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(ii) the person who was, in
accordance with the regulations,
determined to be the next person
eligible to be elected at the last
5 election for the board is eligible
and available to be a member of
the board--
that person is deemed to be elected as a
member of the board for the remainder
10 of the term of office of the elected
member who vacated the office; or
(b) if there is no person eligible and
available in accordance with
paragraph (a)--
15 (i) the board may appoint a member
to the board by co-option to fill
the vacant office until the next
annual general meeting, or until
the date that the term of the
20 member who last vacated that
office would have expired,
whichever occurs first or an
earlier date determined by the
Board; and
25 (ii) if a person is co-opted under
paragraph (b)(i) to a date earlier
than the date that the term of the
elected member would have
expired, another election may be
30 held to elect a person in
accordance with section 46 to fill
the vacancy from that earlier date
to the date that the term would
have expired.
35 (6) If a person is co-opted to the board under
sub-section (4)(b)(i) and the term of that co-
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opted member expires before an election can
be held to fill the vacancy in accordance with
sub-section (4)(b)(ii)--
(a) the term of the co-opted member is
5 deemed to be extended until the date a
person is elected to fill that vacancy;
and
(b) the board must arrange for an election
to fill that vacancy as soon as is
10 practicable.
(7) A person appointed under this section to fill
a vacancy in the office of an elected member
is deemed to be an elected member for the
purposes of this Division.
15 (8) A person appointed under this section to fill
a vacancy in the office of an appointed
member is deemed to be an appointed
member for the purposes of this Division.
50. Resignation and removal
20 (1) An appointed member of the board of a
community health centre may resign by
writing delivered to the Governor in Council.
(2) An elected member of the board of a
community health centre may resign by
25 writing delivered to the chief executive
officer of the health centre.
(3) The Governor in Council, on the
recommendation of the Minister, may
remove a member of a board from office,
30 whether the member was appointed, elected
or co-opted to that office.
51. Elected members
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(1) The chief executive officer of a community
health centre must maintain a roll of electors
for the centre consisting of the members of
the health centre.
5 (2) A person is eligible to be a member of a
community health centre if the person is a
natural person of or over the age of 18 years
who--
(a) lives, works or is enrolled as a student
10 at an educational institution in the area
served by the centre; or
(b) is a client of the centre.
(3) The chief executive officer may remove the
name of a person from the roll of electors if
15 he or she is satisfied that--
(a) the person has ceased to be eligible to
be a member of the centre; or
(b) the person has not had contact with the
centre within the previous 2 years.
20 (4) If the board is, after making all reasonable
efforts to do so, unable to obtain sufficient
nominations to fill the number of vacancies
to be filled by an election, the Governor in
Council may appoint a person or persons to
25 fill such a vacancy.
(5) If the number of candidates for an election to
a board is equal to or less than the number of
vacancies to be filled, the board may appoint
the candidate or candidates as a member or
30 members of the board.
(6) A person appointed under sub-section (4) or
(5) is deemed to be an elected member of the
board.
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(7) A member appointed by the Governor in
Council under sub-section (4) holds office as
a member of the board until the next annual
general meeting of the board or until an
5 earlier date fixed by the Governor in Council
and specified in the appointment.
(8) A person elected to an office referred to in
sub-section (7) that falls vacant at the end of
the period of that appointment holds office
10 as an elected member until the next annual
general meeting of the board at which
elected offices referred to in section 47(2)
fall vacant.
(9) The Electoral Commissioner appointed by
15 the Governor in Council under section 144
of The Constitution Act Amendment Act
1958 must conduct any election required for
membership of the board of management of
a community health centre.
20 (10) The Electoral Commissioner must ensure
that an election required for membership of
the board of management of a community
health centre is conducted in accordance
with the regulations and may exercise the
25 powers and perform any functions relating to
the conduct of elections that are conferred on
the Electoral Commissioner by the
regulations.
51A. Validity of acts or decisions of a board
30 An act or decision of a board of a community
health centre is not invalid by reason only
of--
(a) a defect or irregularity in or in
connection with the appointment or
35 election of a member of the board; or
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(b) a vacancy in the membership of the
board.".
4. Regulations about elections for boards
(1) In section 158(1) of the Health Services Act
5 1988, after paragraph (o) insert--
"(oa) requirements relating to the conduct of
elections for members of boards of
community health centres including
provisions for voting at those elections, the
10 counting of the votes and the method of
determining the next eligible candidate for
the purpose of filling casual or extraordinary
vacancies in the offices of members;".
(2) After section 158(2A) of the Health Services Act
15 1988 insert--
"(2B) The Minister must ensure that the Electoral
Commissioner appointed by the Governor in
Council under section 144 of The
Constitution Act Amendment Act 1958 is
20 consulted before any regulations are made
for the purposes of sub-section (1)(oa).
(2C) Regulations made for the purposes of sub-
section (1)(oa) may leave any matter or thing
to be from time to time determined, applied,
25 dispensed with or regulated by the Electoral
Commissioner."
5. New Part 10 inserted
After section 229 of the Health Services Act
1988 insert--
30 "PART 10--FURTHER TRANSITIONALS
230. Transitional provision for boards of
community health centres
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(1) The board of a community health centre as
constituted immediately before 1 April 2001
(including a board established under
section 186) continues as the board of the
5 centre until the next annual general meeting
of the centre.
(2) A person holding office as a member of a
board of a community health centre referred
to in sub-section (1) continues as a member
10 of the board until the next annual general
meeting unless he or she sooner resigns or is
removed from office.
(3) A vacancy on a board of a community health
centre referred to in sub-section (1) must not
15 be filled before the next annual general
meeting unless it is necessary to do so to
ensure that there are at least 7 members of
the board.
(4) A vacancy filled in accordance with sub-
20 section (3) may be filled in the manner
determined by the Secretary.
(5) The board of a community health centre
referred to in sub-section (1) must hold an
annual general meeting in relation to the
25 financial year ending on 30 June 2001 in the
third or fourth week of October 2001.
(6) At the first annual general meeting of a
community health centre held after 1 April
2001--
30 (a) the offices of all members of the board
fall vacant; and
(b) each vacancy must be filled in
accordance with Division 6 of Part 3 as
in force at the date of the annual
35 general meeting; and
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(c) each person elected or appointed to fill
a vacancy holds office in accordance
with Division 6 of Part 3 as in force at
the date of the annual general meeting.
5 (7) The Minister must consult with the members
of a board who were in office immediately
before the annual general meeting referred to
in sub-section (6) before nominating a
person as a board member to the Governor in
10 Council for the purposes of appointing
members to a board under section 46(2)(b).".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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