New South Wales Consolidated Acts

HEALTH SERVICES ACT 1997 - SECT 52

52 Removal of members and appointment of administrator

(cf AHS Act s 18, PH Act s 26)

(1) The Governor may at any time, for any reason or no reason and without notice, by order published in the Gazette:

(a) remove any member (including the chief executive) or all members of a health corporation board from office, or

(b) remove all members of a health corporation board from office and appoint, as administrator of the board governed health corporation concerned, a person specified in the order for such period as may be specified in the order, or

(c) remove all members of a health corporation board (other than the chief executive) from office and appoint, as administrator of the board governed health corporation concerned, the chief executive for such period as may be specified in the order.

(2) The chief executive of a board governed health corporation ceases to hold office as chief executive if removed from office as a member of the health corporation board of the corporation.

(3) An administrator of a board governed health corporation has and may exercise, subject to any conditions that may be specified in the order by which the administrator was appointed, all the functions of the health corporation board for that corporation.

(4) An administrator of a board governed health corporation is entitled to be paid from the funds of that corporation such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the administrator.

(5) The regulations may make provision with respect to administrators of board governed health corporations.

(6) If the position of chief executive is an executive position within the meaning of Part 3 of Chapter 9:

(a) the chief executive may not be removed from office under section 121N, and

(b) section 121N applies:

(i) to and in respect of a chief executive who is removed from office under this section, and

(ii) to and in respect of the executive position of a chief executive who is so removed,

in the same way as it applies to and in respect of a health executive who is removed from office under section 121N and to and in respect of the executive position of a health executive who is so removed.