Div 10Inspectors

Division 10—Inspectors 48A—Inspectors (1) The Minister may, by instrument in writing, appoint suitable persons to be inspectors for the purposes of inspecting, investigating and assessing the administration, operations and governance of incorporated hospitals. (2) An inspector holds office on the conditions stated in the instrument of appointment. (3) An inspector appointed under subsection (1) may, at any reasonable time, enter the premises of an incorporated hospital (including the premises of the governing board for an incorporated hospital) and, while on the premises, may— (b) require any person to answer any questions, orally or in writing; and (c) require any person to produce any documents or records; and (d) examine any documents or records and take extracts from, or make copies of, any of them; and (e) seize any documents or records that, in the opinion of the inspector, constitute evidence of a breach of a provision of this Act. (4) An inspector must, at the request of a person in relation to whom the inspector intends to exercise powers under this section, produce for the inspection of the person the inspector's instrument of appointment, or a copy of the instrument. (5) An inspector may, in exercising powers under this section, be assisted by such other persons as are reasonably necessary for the purpose. (6) A person must not refuse or fail to comply with a requirement made pursuant to this section. (7) A person must not hinder or obstruct an inspector, or a person assisting an inspector, in the exercise of the powers conferred by this section. Part 5AA—Incorporated Health Services Division 1—Incorporation 48AB—Incorporation (1) The Governor may, by proclamation, establish an incorporated health service to provide 1 or more health services under this Act (other than health services that are provided to persons on a live-in basis) and assign a name to the incorporated health service. (2) The Governor may, by proclamation— (a) alter the name of an incorporated health service; (b) dissolve an incorporated health service. (3) The Governor may, by a proclamation under subsection (2)(b) or by a separate proclamation— (a) transfer the assets, rights and liabilities of an incorporated health service dissolved under this section (either as a whole or in separate parcels specified by proclamation)— (ii) to another incorporated health service; or (iv) to the Crown, or to another agent or instrumentality of the Crown; or (v) with the agreement of the person or body—to a person or body that is not an agent or instrumentality of the Crown; and (b) make other provisions that in the opinion of the Governor are necessary or expedient in connection with the dissolution of an incorporated health service under this section. 48AC—General powers of incorporated health service (1) An incorporated health service is a body corporate with perpetual succession and a common seal and, subject to any determination of the Minister— (a) is capable of holding, acquiring, dealing with, and disposing of, real and personal property (including the power to enter into a lease); and (b) is capable of acquiring or incurring other assets, rights or liabilities; and (c) is capable of entering into contracts; and (d) is capable of suing and being sued; and (e) is able to promote the formation of a company under the Corporations Act 2001 of the Commonwealth and to hold shares or other interests in any body corporate; and (f) is capable of administering any property on trust or accepting gifts (and, if any gift is affected by a trust, is empowered to carry out the terms of the trust); and (g) has the functions, rights, powers, authorities, duties and obligations conferred, imposed or prescribed under this or any other Act (and including such powers necessary or expedient for, or incidental to, the performance of any function). (2) Without limiting subsection (1), an incorporated health service may undertake the following functions: (a) to undertake or facilitate— (i) the commercial exploitation of knowledge arising from its activities; or (ii) the commercial development of its services, functions or expertise; (b) to produce and sell instruments or other equipment for use in— (i) the provision of medical services, including medical diagnostic services; or (ii) the teaching of medical science; or (iii) scientific research; (c) to provide consultancy services; (d) to provide and maintain a drug and alcohol testing service for such persons as the health service thinks fit; (e) to conduct a testing service for the purpose of determining parentage or other human genetic relationships; (f) to provide and maintain such services or facilities as a Minister may require in relation to— (i) veterinary laboratory services, or services to veterinary surgeons in private practice, or other veterinary services provided by a public sector agency within the meaning of the Public Sector Act 2009; or (ii) research in the field of veterinary science; (g) to conduct such other activities considered appropriate by the Minister that can be efficiently or effectively managed through the use of the incorporated health service's facilities and resources. (3) An incorporated health service may hold a licence or any other form of authority or accreditation (including a licence, authority or accreditation issued under a law of the Commonwealth or of another State or a Territory). (4) An incorporated health service is an instrumentality of the Crown. (5) Subject to subsection (6), an incorporated health service holds its property on behalf of the Crown. (6) Subsection (5) does not apply to the extent that an incorporated health service holds any property on trust. (7) Without limiting subsection (6), in the event of an inconsistency between the operation or effect of a provision under this Part and the duties or responsibilities of an incorporated health service as a trustee, the provisions of this Part will not apply in a particular case to the extent of the inconsistency. (8) Without limiting any other provision, an incorporated health service may establish any fund (including a gift fund) or account. (9) An incorporated health service may exercise its powers within or outside the State. (10) An incorporated health service may not exercise its power under subsection (1)(e) without the approval of the Governor. 48AD—Common seal Where an apparently genuine document purports to bear the common seal of an incorporated health service, it will be presumed, in the absence of proof to the contrary, that the common seal of that incorporated health service was duly affixed to that document. Division 2—Functions of incorporated health service 48AE—Functions (1) An incorporated health service's main function is to provide— (a) health services stated in the service agreements for the incorporated health service; and (b) teaching, training and research that supports the provision of health services as agreed with the Chief Executive; and (c) any other services agreed with the Chief Executive. (2) An incorporated health service also has the following functions— (a) to ensure the operations of the incorporated health service are carried out efficiently, effectively and economically; (b) to enter into, and comply with, service agreements with the Chief Executive; (c) to comply with the policy frameworks and directions of the Chief Executive that apply or relate to the incorporated health service; (d) to prepare and keep under review strategies— (i) for the provision of health services by the incorporated health service; and (ii) to promote consultation with health professionals working in the incorporated health service; and (iii) to promote consultation with health consumers and community members about the provision of health services by the incorporated health service; (e) to establish an efficient and effective procedure for dealing with complaints about the provision of health services by the incorporated health service; (f) to report to the Chief Executive on the provision of health services by the incorporated health service; (g) to monitor and improve the quality of health services provided by the incorporated health service; (h) to develop and implement corporate and clinical governance arrangements for the incorporated health service; (i) to maintain land, buildings and other assets controlled and managed by the incorporated health service; (j) to cooperate with other providers of health services, including providers of primary health care, in planning for, and providing, health services; (k) to manage the performance of the incorporated health service against the performance measures and operational targets stated in the service agreements; (l) to provide performance data, other data and any other information the Chief Executive may require to the Chief Executive; (m) other functions imposed under this Act or any other Act; (n) other functions necessary or incidental to the functions mentioned in a preceding paragraph. clinical governance arrangements means policies, processes and systems for maintaining and improving— (a) patient safety, quality and care; and (b) the effectiveness and dependability of services provided by an incorporated health service. 48AF—Transfer of functions etc The Governor may, by proclamation— (a) transfer all or some of the functions of an incorporated health service to another incorporated health service or to an incorporated hospital; (b) transfer the assets, rights and liabilities of an incorporated health service to another incorporated health service or to an incorporated hospital; (c) make other provisions that in the opinion of the Governor are necessary or expedient in connection with a transfer under this section. Division 3—Management arrangements 48AG—Governance and management arrangements (1) Each incorporated health service is to be governed by a board (a governing board). (2) The functions of a governing board for an incorporated health service 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 health service and to approve those frameworks; (b) to ensure— (i) the operations of the incorporated health service are carried out efficiently, effectively and economically; and (ii) the incorporated health service manages its budget so that performance targets are met; and (iii) that resources are applied equitably to meet the needs of the community served by the incorporated health service; (c) to ensure strategic plans to guide the delivery of services are developed for the incorporated health service and to approve those plans; (d) to ensure that the incorporated health service— (i) promotes a healthy workforce culture for and among staff employed to work within the incorporated health service; and (ii) implements measures to provide for and promote the health, safety and wellbeing of those staff within the workplace (including the psychosocial health, safety and wellbeing of staff); and (iii) implements policies issued by the Chief Executive on workforce health, safety and welfare (including policies on workforce harassment and bullying), so far as those policies apply to the incorporated health service; (e) to provide strategic oversight of and monitor the incorporated health service's financial and operational performance; (f) to prepare and keep under review strategies— (i) for the provision of health services by the incorporated health service; and (ii) to promote consultation with health professionals working in the incorporated health service; and (iii) to promote consultation with health consumers and community members about the provision of health services by the incorporated health service; (g) to advise providers and consumers of health services, and other members of the community served by the incorporated health service, as to the health service's policies, plans and initiatives for the provision of health services; (h) to manage performance against the performance measures in the service agreement between the incorporated health service and the Chief Executive; (i) to cooperate with other providers of health services, including providers of primary health care, in planning for, and providing, health services; (j) to endorse the incorporated health service's annual report; (k) to liaise with the boards of other incorporated health services and 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 health service— (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 health service in the course of official functions and duties is an act or decision of the incorporated health service. 48AH—Composition of governing boards for incorporated health services (1) A governing board for an incorporated health service 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 health service 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 health service if— (a) the person is employed or engaged to work at the incorporated health service; or (b) 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). 48AI—Members of governing boards for incorporated health services to act in public interest A member of a governing board for an incorporated health service is to act impartially and in the public interest in performing the member's duties. 48AJ—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. (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. (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. (4) Subsection (3) 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. 48AK—Chief executive officer for incorporated health service (1) The governing board for an incorporated health service may, after consultation with the Chief Executive, appoint— as the chief executive officer of the incorporated health service. (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 health service is responsible for managing the operations and affairs of the health service and is accountable to, and subject to the direction of, the governing board for the health service in undertaking that function (although the governing board cannot give a direction concerning the clinical treatment of a particular person). (4) An act done or decision made by the chief executive officer of an incorporated health service in the course of official functions and duties is an act or decision of the incorporated health service. 48AL—Provisions relating to members, procedures, committees and subcommittees etc Schedule 3 applies in respect of governing boards for incorporated health services. Division 4—Employed staff 48AM—Employed staff (1) An employing authority may employ persons to perform functions in connection with the operations or activities of an incorporated health service. (2) The terms and conditions of employment of a person under subsection (1) will be fixed by the Chief Executive and approved by the Commissioner for Public Sector Employment. (3) For the purposes of subsection (2), the Chief Executive must issue policies and directives relating to terms and conditions of employment of persons appointed under subsection (1). (4) A person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009). (5) An employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of another incorporated health service, an incorporated hospital, or any other public sector agency, specified by the employing authority (and the person must comply with that direction). (6) An employing authority is, in acting under this section, subject to direction by the Minister. (7) However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person. (8) An employing authority may delegate a power or function under this section. (9) A delegation under subsection (8)— (b) may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and (d) may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and (10) If— (a) the chief executive officer of an incorporated health service is designated as an employing authority; or (b) a power or function of an employing authority under this section is delegated to the chief executive officer of an incorporated health service, no direction may be given by the governing board of the incorporated health service to the chief executive officer relating to the appointment, transfer, remuneration, discipline or termination of a particular person. (11) A change in the person who constitutes an employing authority under this Act will not affect the continuity of employment of a person under this section. (12) An incorporated health service must, at the direction of the Minister, the Treasurer or an employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities). (13) An incorporated health service does not have the power to employ any person unless specifically authorised by the Minister. (14) An incorporated health service may, under an arrangement established by the responsible Minister or, if relevant, approved by a responsible public sector entity, make use of the staff, services or facilities of an administrative unit or another public sector agency. (15) On the incorporation of a health service under this Part, any Public Service employees who had, before the date of incorporation, been assigned by the Chief Executive to work in the health service and have been designated by the Chief Executive as employees to whom this subsection applies will become persons employed by the employing authority under this section on terms and conditions fixed by the Chief Executive (without reduction of salary or status). 48AN—Superannuation and accrued rights etc (1) An employing authority may enter into arrangements contemplated by section 5 of the Superannuation Act 1988 with respect to a person employed at an incorporated health service. (2) If a person commences employment by an employing authority at an incorporated health service after ceasing to be employed— (b) by the employing authority or another employing authority at any incorporated hospital or incorporated health service; or (c) as a member of the staff of SAAS, and that employment at the incorporated health service follows immediately on the cessation of that previous employment, then— (d) the person's existing and accruing rights immediately before the cessation of that previous employment in respect of recreation leave, sick leave and long service leave continue in full force and effect as if that previous employment had been employment by the employing authority at the incorporated health service; and (e) the person is not entitled to payment in lieu of those rights. (3) Except where subsection (2) applies, if a person commences employment by an employing authority at an incorporated health service within 3 months after ceasing to be employed— (b) by the employing authority or another employing authority at an incorporated hospital or incorporated health service; or (c) as a member of the staff of SAAS; or (d) in prescribed employment, the person's existing and accruing rights immediately before the cessation of that employment in respect of recreation leave, sick leave and long service leave continue, to the extent directed by the employing authority and subject to such conditions as may be determined by the employing authority, as if that previous employment had been employment by the employing authority at the health service. Division 5—Accounts, audits and reports 48AO—Accounts and audit (1) An incorporated health service must cause proper accounts to be kept of its financial affairs and financial statements to be prepared in respect of each financial year. (2) The Auditor‑General may at any time, and must in respect of each financial year, audit the accounts and financial statements of an incorporated health service. 48AP—Annual report (1) An incorporated health service must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of the incorporated health service during that financial year. (2) The report must incorporate the audited accounts and financial statements of the incorporated health service for the financial year. (3) The Minister must, within 12 sitting days after the receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. Division 6—Sites, facilities and property 48AQ—Ability to operate at various sites An incorporated health service may be established or undertake its activities— (a) in relation to specified health services or a specified class, or classes, of health services; (b) in relation to 1 or more sites or the State generally. 48AR—Ability to provide a range of services and facilities (1) An incorporated health service may establish, maintain and operate— (a) sites that provide a variety of health services; (b) health and community care services for all or specific sections of the community, including services for the aged and other vulnerable groups, or for persons who must interact with the public health system; (c) other forms of service or facilities (including services and facilities that benefit (directly or indirectly) staff, patients or visitors, and services and facilities for the aged). (2) The Minister may establish guidelines about the services or facilities that may be provided under subsection (1)(c) (and may, in so doing, provide that the Minister's approval is required before a service or facility of a specified kind is established at a health service). Division 7—Delegations 48AS—Delegations (1) An incorporated health service may delegate a function or power conferred on the incorporated health service— Division 8—Fees 48AT—Fees (1) The Minister may, by notice in the Gazette, set fees (including differential fees) to be charged by any incorporated health service in respect of any service provided by it. (2) Without limiting the effect of subsection (1), the Minister may provide that no fee is payable in respect of a service of a specified class or a service provided to a person of a specified class. (3) Fees payable to a health service (whether regulated under this section or not) for a service provided by it may be recovered from— (a) the person to whom the service was provided; or (b) the spouse or domestic partner of that person; or (c) if the service was provided to a person under the age of 18 years, the parent or parents of that person. (4) If fees are recovered from a person under this section, the person may recover as a debt from any other person who is jointly liable for the payment of the fees a contribution fixed by the court in which proceedings for recovery of the contribution are taken. Division 9—Inspectors 48AU—Inspectors (1) The Minister may, by instrument in writing, appoint suitable persons to be inspectors for the purposes of inspecting, investigating and assessing the administration, operations and governance of incorporated health services. (2) An inspector holds office on the conditions stated in the instrument of appointment. (3) An inspector appointed under section 48A will be taken to be an inspector appointed under subsection (1). (4) An inspector may, at any reasonable time, enter the premises of an incorporated health service (including the premises of the governing board for an incorporated health service) and, while on the premises, may— (b) require any person to answer any questions, orally or in writing; and (c) require any person to produce any documents or records; and (d) examine any documents or records and take extracts from, or make copies of, any of them; and (e) seize any documents or records that, in the opinion of the inspector, constitute evidence of a breach of a provision of this Act. (5) An inspector must, at the request of a person in relation to whom the inspector intends to exercise powers under this section, produce for the inspection of the person the inspector's instrument of appointment, or a copy of the instrument. (6) An inspector may, in exercising powers under this section, be assisted by such other persons as are reasonably necessary for the purpose. (7) A person must not refuse or fail to comply with a requirement made pursuant to this section. (8) A person must not hinder or obstruct an inspector, or a person assisting an inspector, in the exercise of the powers conferred by this section.