HEALTH SERVICES ACT 1988 - SECT 33 Board of directors
HEALTH SERVICES ACT 1988 - SECT 33
Board of directorsS. 33(1) amended by No. 52/2017 s. 9(2).
(1) There shall be a board of directors of each public hospital.
S. 33(2) substituted by No. 52/2017 s. 9(3).
(2) The functions of the board of a public hospital are—
(a) other than in the case of the Queen Elizabeth Centre and the Tweddle Child and Family Health Service, to develop statements of priorities and strategic plans for the operation of the public hospital and to monitor compliance with those statements and plans; and
(b) in the case of the Queen Elizabeth Centre and the Tweddle Child and Family Health Service, to enter into health service agreements, if the board considers it appropriate, and to develop strategic plans for the operation of the public hospital and to monitor compliance with those agreements and plans; and
(c) to develop financial and business plans, strategies and budgets to ensure the accountable and efficient provision of health services by the public hospital and the long term financial viability of the public hospital; and
(d) to establish and maintain effective systems to ensure that the health services provided meet the needs of the communities served by the public hospital and that the views of users and providers of health services are taken into account; and
(e) to monitor the performance of the public hospital to ensure that—
(i) the public hospital operates within its budget; and
(ii) its audit and accounting systems accurately reflect the financial position and viability of the public hospital; and
(iii) the public hospital adheres to—
(A) its financial and business plans; and
(B) its strategic plans; and
(C) its statements of priorities or, in the case of the Queen Elizabeth Centre and the Tweddle Child and Family Health Service, any health service agreements entered into; and
(iv) effective and accountable risk management systems are in place; and
(v) effective and accountable systems are in place to monitor and improve the quality, safety and effectiveness of health services provided by the public hospital; and
(vi) any problems identified with the quality, safety or effectiveness of the health services provided are addressed in a timely manner; and
(vii) the public hospital continuously strives to improve the quality and safety of the health services it provides and to foster innovation; and
(viii) any committees established or appointed by the board operate effectively; and
(f) during each financial year, to monitor the performance of the chief executive officer of the public hospital (including at least one formal assessment in relation to that financial year), having regard to the objectives, priorities and key performance outcomes specified in—
(i) the public hospital's statement of priorities under section 40G; or
(ii) in the case of the Queen Elizabeth Centre and the Tweddle Child and Family Health Service, any health service agreements entered into; and
(g) to establish the organisational structure, including the management structure, of the public hospital; and
(h) to develop arrangements with other relevant agencies and service providers to enable effective and efficient service delivery and continuity of care; and
(i) to ensure that the Minister and the Secretary are advised about significant board decisions and are informed in a timely manner of any issues of public concern or risks that affect or may affect the public hospital; and
(j) to establish the following committees—
(i) a Finance Committee, an Audit Committee and a Quality and Safety Committee; or
(ii) a Finance and Audit Committee and a Quality and Safety Committee; and
(k) to facilitate health education; and
(l) to adopt a code of conduct for staff of the public hospital; and
(m) to provide appropriate training for directors; and
(n) any other functions conferred on the board by or under this Act.
S. 33(2A) inserted by No. 53/1990 s. 9.
(2A) The board of a public hospital has such powers as are necessary to enable it to carry out its functions, including the power to make, amend or revoke by-laws.
S. 33(2B) inserted by No. 52/2017 s. 9(4).
(2B) In performing its functions and exercising its powers, the board of a public hospital must have regard to—
(a) the needs and views of patients and other users of the health services provided by the public hospital and of the community served by the public hospital; and
(b) the need to ensure that the public hospital uses its resources in an effective and efficient manner; and
(c) the need to ensure that resources of the Victorian health sector generally are used effectively and efficiently.
(3) The board of a public hospital shall consist of—
(a) not less than 6 and not more than 12 natural persons—
(i) in the case of the first board of a public hospital added to Schedule 1 after the commencement of this section, nominated by the Minister; and
(ii) in any other case, nominated by the Minister after consideration of a name or names submitted by the board; and
(b) if the hospital is associated with a university and is prescribed as a clinical school of that university, a natural person nominated by the Minister from a panel of three names submitted to the board by the council of the university.
(4) If the board does not submit a name or names for the purposes of subsection (3)(a) within 60 days after receiving a request to do so from the Minister, the Minister may nominate a natural person or natural persons for the purposes of that subsection.
(5) For the purposes of subsection (3)(a)—
(a) before the board submits a name or names, the board must cause a notice to be published in a newspaper circulating generally in the area where the hospital is situated inviting nominations for membership of the board; and
(b) if more than one name is submitted, the board must list the names in order of its preference.
(6) For the purposes of subsection (3)(b), where the council of a university submits names to the board of a hospital, the board must give those names to the Minister, together with any recommendations.
S. 33(7) amended by No. 52/2017 s. 9(5).
(7) The directors of a board shall be appointed by the Governor in Council.
S. 33(8) amended by Nos 23/1994 s. 118(Sch. 1 item 25.5) (as amended by No. 74/2000 s. 3(Sch. 1 item 77.3)), 52/2017 s. 9(5).
(8) The number of registered medical practitioners appointed to a board must not exceed one quarter of the number of directors of the board (excluding the directors referred to in subsection (3)(b)).
S. 33(9) repealed by No. 99/1995 s. 23.
* * * * *
S. 33(10) substituted by No. 52/2017 s. 9(6).
(10) In nominating a person for appointment to a board, the Minister must—
(a) ensure that both men and women are adequately represented on the board; and
(b) have regard to any prescribed matters; and
(c) for the period of 3 years from the commencement of section 9(6) of the Health Legislation Amendment (Quality and Safety) Act 2017 , consider the desirability of limiting the term of re‑appointment of a director so that the combined term of the director's initial appointment, any re-appointment and any proposed re-appointment does not exceed 9 consecutive years.
S. 33(11) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 96.2), 80/2006 s. 26(Sch. item 48.1), amended by No. 52/2017 s. 9(7).
(11) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director of a board in respect of the office of director.