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HEALTH SERVICES ACT 1988 - SECT 65ZAA Appointment of delegate to board

HEALTH SERVICES ACT 1988 - SECT 65ZAA

Appointment of delegate to board

S. 65ZAA(1) amended by No. 52/2017 s. 32(1).

    (1)     The Minister may appoint not more than 2 delegates to the board of a public health service if the Minister considers that such an appointment will assist the board to improve the performance of the public health service or, in the case of a new public health service, will assist the orderly establishment of the public health service or the performance of the public health service.

    (2)     A delegate is not a director of the board of a public health service.

S. 65ZAA(3) amended by No. 52/2017 s. 32(2)(a).

    (3)     In determining if an appointment of a delegate under subsection (1) will assist the board to improve the performance of the public health service or, in the case of a new public health service, will assist the orderly establishment of the public health service or the performance of the public health service, the Minister must have regard to—

S. 65ZAA(3)(a) amended by No. 52/2017 s. 32(2)(b).

        (a)     the need to ensure that the public health service is meeting, or that the new public health service will meet, the objectives, priorities and key performance outcomes specified in the service's statement of priorities under section 65ZFA; and

S. 65ZAA

(3)(ab) inserted by No. 52/2017 s. 32(2)(c), amended by No. 4/2022 s. 7.

        (ab)     the quality and safety of the health services provided by the public health service or to be provided by the new public health service, including compliance with the duty of candour; and

        (b)     whether the board has requested such an appointment.

    (4)     The Minister may appoint a delegate irrespective of whether the board has requested such an appointment.

    (5)     The instrument of appointment of a delegate—

        (a)     must be published in the Government Gazette; and

        (b)     must specify the terms and conditions of appointment; and

        (c)     may specify any remuneration to which the delegate is entitled.

    (6)     A delegate—

        (a)     subject to subsections (7) and (8), holds office for the period specified in the instrument of appointment, being a period of not more than 12 months from the date of appointment; and

        (b)     is eligible for re-appointment; and

        (c)     is entitled to be reimbursed reasonable expenses incurred in holding office as delegate; and

S. 65ZAA(6)(d) substituted by Nos 108/2004 s. 117(1) (Sch.  3 item 96.7), 80/2006 s. 26(Sch. item 48.4).

        (d)     is in respect of the office of delegate subject to the Public Administration Act 2004 (other than Part 3 of that Act).

    (7)     A delegate may resign by writing signed by that person and delivered to the Minister.

    (8)     The Minister may revoke the appointment of a delegate.

S. 65ZAB inserted by No. 52/2004 s. 33.