Part 11Miscellaneous

Part 11—Miscellaneous 89L—Other staffing arrangements (1) The employing authority may appoint such other officers or employees (in addition to the employees and officers of the Department and persons employed under Part 5) who have skills or experience in connection with the provision of health services and who, in the opinion of the employing authority, can— (a) assist the Chief Executive in the performance of the Chief Executive's functions; or (b) assist the Department in the performance of its functions, (including functions that arise independently of this Act). (2) The terms and conditions of employment of a person under subsection (1) will be fixed by the employing authority and approved by the Commissioner for Public Sector Employment. (3) 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). (4) The employing authority is, in acting under this section, subject to direction by the Minister. (5) However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of employment of a particular person. (6) In addition, if the Chief Executive is not the employing authority, the employing authority must, in acting under this section, consult with the Chief Executive. 90—Recognised organisations (1) The following organisations are recognised organisations for the purposes of this section: (a) any organisation declared to be a recognised organisation by the regulations; (b) any other organisation declared to be a recognised organisation under subsection (2). (2) If an employing authority is of the opinion that an organisation (being an association registered under the Fair Work Act 1994) represents the interests of a significant number of persons employed under this Act, the employing authority must, by notice published in the Gazette, declare that organisation to be a recognised organisation for the purposes of this Act. (3) Any such recognised organisation has the right to make submissions to the employing authority, incorporated hospitals and incorporated health services on any matter arising out of, or in relation to, the performance or exercise of any of their functions or powers under this Act. 90A—Acquisition of property (1) The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land if the Minister considers that the acquisition of the land is reasonably necessary for the purposes of the provision of health services. (2) This section does not limit or affect the power of the Minister, a HAC, an incorporated hospital, an incorporated health service or SAAS to acquire land, or an interest in land, by agreement. 91—Duty of Registrar-General (1) The Registrar-General must, on application by the Minister, an incorporated hospital, an incorporated health service or an incorporated HAC, and on being satisfied that an interest in land has vested in the Minister, an incorporated hospital, an incorporated health service or an incorporated HAC under this Act, and on production of duplicate certificates of title (if any) relating to the land, issue such new certificates of title, or make such entries and notations on existing certificates of title, as may be necessary to evidence vesting of the relevant interest. (2) If an application has been made under this section, the Registrar‑General may require the applicant to furnish— (a) any instrument evidencing former title to the land or any existing or former interest in the land; and (b) a plan of the land to which the application relates, certified by a licensed surveyor. 92—Conflict of interest (1) If a conflict or possible conflict arises between a health employee's private interests and the duties of his or her employment, the health employee— (a) must, as soon as practicable after becoming aware of the conflict or possible conflict, report the matter to the appropriate authority; and (b) must not act further in the matter from which the conflict or possible conflict arises except as authorised by the appropriate authority. (2) A health employee who contravenes or fails to comply with a requirement of subsection (1) is guilty of an offence. appropriate authority, in relation to a health employee, means— (a) the employee's employer; or (b) some person authorised by the employer to act as the appropriate authority under this section; health employee means— (a) a person employed at an incorporated hospital or an incorporated health service or as a member of the staff of SAAS; or (b) a person employed under section 89L. 93—Confidentiality (1) For the purposes of this section, a person is engaged in connection with the operation of this Act if the person is— (a) an officer or employee of the Department, or an attached office attached to the Department, engaged in the administration of this Act; or (ab) a member of the governing board for an incorporated hospital; or (ac) a member of the governing board for an incorporated health service; or (b) a person employed by an employing authority under this Act; or (c) a member of the staff of SAAS; or (d) a person otherwise engaged to work at an incorporated hospital or an incorporated health service or in connection with the activities of SAAS. (2) Subject to subsection (3), a person engaged or formerly engaged in connection with the operation of this Act must not disclose personal information relating to a person obtained while so engaged except to the extent that he or she may be authorised or required to disclose that information— (a) by the Chief Executive or his or her employer; or (b) in the case of information obtained while working at an incorporated hospital, an incorporated health service or SAAS—by the hospital, the health service or SAAS (as the case requires). (3) Subsection (2) does not prevent a person from— (a) disclosing information as required or authorised by or under law; or (b) disclosing information at the request, or with the consent, of— (i) the person to whom the information relates; or (ii) a guardian of the person to whom the information relates; or (iii) a medical agent of the person to whom the information relates; or (iv) a substitute decision‑maker for the person to whom the information relates (within the meaning of the Advance Care Directives Act 2013); or (c) disclosing information to a relative, carer or friend of the person to whom the information relates if— (i) the disclosure is reasonably required for the treatment, care or rehabilitation of the person; and (ii) there is no reason to believe that the disclosure would be contrary to the person's best interests; or (d) subject to the regulations (if any)— (i) disclosing information to a health or other service provider if the disclosure is reasonably required for the treatment, care or rehabilitation of the person to whom the information relates; or (ii) disclosing information by entering the information into an electronic records system established for the purpose of enabling the recording or sharing of information between persons or bodies involved in the provision of health services; or (iii) disclosing information to such extent as is reasonably required in connection with the management or administration of the Department, an attached office attached to the Department, a hospital, an incorporated health service or SAAS (including for the purposes of charging for a service); (e) disclosing information if the disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person, or a serious threat to public health or safety; or (f) disclosing information for medical or social research purposes if the research methodology had been approved by an ethics committee and there is no reason to believe that the disclosure would be contrary to the person's best interests; or (fa) disclosing information to South Australia Police if there are reasonable grounds to suspect that an offence has been, or may be, committed and the disclosure is reasonably required for the purpose of reporting the matter to South Australia Police; or (fb) disclosing information to the State Coroner, or to a person who is an investigator under the Coroners Act 2003 investigating a death on behalf of the State Coroner; or (fc) disclosing information to a legal practitioner engaged by or on behalf of the Minister, the Department, an attached office to the Department, an incorporated hospital, an incorporated health service, SAAS or the South Australian Government Financing Authority (acting in its function as insurer to an entity referred to in this paragraph) to provide legal representation or legal advice; or (fd) disclosing information to the Minister or persons employed or engaged to work for the Minister for the purposes of the Minister handling a complaint made by the person to whom the information relates (or by their personal representative) about health services the person has received; or (g) disclosing information in accordance with the regulations. (4) Subsection (3)(c) does not authorise the disclosure of personal information in contravention of a direction given by the person to whom the information relates. (5) Subsection (4) does not apply to a person who is subject to an order under the Mental Health Act 2009. (6) In this section— legal practitioner has the same meaning as in the Legal Practitioners Act 1981; personal information means information or an opinion, whether true or not, relating to a natural person or the affairs of a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion; personal representative, of a person, means— (a) a guardian of the person; or (b) a medical agent of the person; or (c) a substitute decision-maker for the person (within the meaning of the Advance Care Directives Act 2013); South Australia Police has the same meaning as in the Police Act 1998. 95—General defence It is a defence to a charge of an offence against this Act (the general defence) if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. 96—Evidentiary provision In any proceedings for an offence against this Act, an allegation in the complaint— (a) that a specified person was, or was not, the holder of a licence under this Act at a specified time; or (b) that a specified provision was, at a specified time, a condition imposed in relation to a licence under this Act held by a specified person; or (c) that a specified person was, or was not, an authorised person or inspector under this Act at a specified time, will, in the absence of proof to the contrary, be taken to have been proved. 97—Administrative acts (1) No liability attaches to the Minister by virtue of the fact that the Minister has issued a licence, authorised an activity or granted an exemption under this Act. (2) No liability attaches to SAAS by virtue of the fact that SAAS has issued a direction, made a request or granted an authorisation under this Act. 98—Forms of Ministerial approvals (1) The Minister may give an approval under this Act— (a) in relation to a specific case or circumstance; or (b) in relation to a class of cases or circumstances specified by the Minister. (2) The Minister may give an approval subject to such conditions as the Minister thinks fit. (3) The Minister may, as the Minister thinks fit, vary or revoke an approval previously given under this Act. 99—Gift funds established by Minister The Minister may, as the Minister thinks fit— (a) establish 1 or more gift funds in connection with the provision or support of health services within the State; (b) subject to the regulations (if any), make any provision with respect to the management, operation or winding up of any gift fund established by the Minister. 99A—Fees (1) The Minister may, by notice in the Gazette, set fees and charges for the purposes of this Act. (2) The Minister may remit, reduce, waive or refund a fee (or part of a fee) payable under this Act as the Minister sees fit. 100—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) prescribe conditions under which research in the field of health and health services is to be conducted under this Act; and (b) require any hospital, incorporated health service or private day procedure centre to collect, and furnish the Minister or the Department with, data and statistics in relation to health and health services; and (c) require any hospital, incorporated health service or private day procedure centre to make prescribed inquiries with a view to ascertaining the requirements of the public, or any section of the public, in relation to any aspect of health care, and to furnish the Minister or the Department with the results of those inquiries; and (d) prescribe rules relating to the management, operation or winding up of any gift fund, or other funds or accounts; and (e) prescribe conditions under which financial or technical assistance may be given by the Minister for the establishment, maintenance or operation of a health service; and (f) regulate the publication and dissemination of information by the Minister or the Department in relation to health and health services; and (g) provide for the reporting of cases of specified diseases and disabilities to the Minister or the Department; and (h) prescribe any course of education, training or instruction in professional or other fields of knowledge or expertise related to health services provided, or to be provided, by the Minister, the Department, any hospital or any incorporated health service; and (i) prescribe standards to be observed by the Minister, the Department, hospitals and incorporated health services in providing services for the prevention of disease, the improvement of health, the care and rehabilitation of the sick or the general well-being of the public; and (j) provide for the establishment and operation of policies, protocols or practices in order to assess the clinical competencies of any health care provider and to determine the appropriate scope of a health care provider's practice in a particular setting or circumstance; and (k) in relation to RCA teams—make provision for or with respect to— (i) the functions of RCA teams; (ii) the procedures of RCA teams, and the manner in which they are to exercise their functions; (iii) the ability for RCA teams to act in relation to various entities, including so that a RCA team appointed by one entity may act in relation to an incident that involves another entity; and (m) prescribe standards to be observed by private hospitals and private day procedure centres in the provision of health services; and (ma) prescribe standards to be observed by the holder of a restricted ambulance service licence in the provision of health services; and (n) prescribe the records to be kept by private hospitals and private day procedure centres; and (p) prescribe fines not exceeding $10 000 for contravention of any regulation. (3) The regulations may— (a) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (b) be of general or limited application; and (c) provide that a matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or another prescribed authority. 102—Review of Act (1) The Minister must, on or before 1 July 2021, appoint an independent person to conduct a review of, and prepare a report on— (a) the operation of this Act, including the extent to which— (i) the objects of this Act have been attained; and (ii) the principles of this Act have been applied; and (b) any other matters determined by the Minister to be relevant to a review of this Act. (2) A person appointed to conduct a review and prepare a report under this section must have expertise in health care administration or health service delivery. (3) A review and report by a person appointed under this section must be completed within 6 months of the person's appointment and the report must be published as soon as practicable. (4) The Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. Schedule 1—Health Performance Council 1—Chairperson and Deputy Chairperson (1) The Governor is to appoint 2 of the members of HPC (by their respective instruments of appointment or by other instruments executed by the Governor) as Chairperson and Deputy Chairperson of HPC, respectively. (2) The Governor may remove a member from the office of Chairperson or Deputy Chairperson of HPC at any time. (3) A person holding office as Chairperson or Deputy Chairperson of HPC vacates that office if the person— (a) is removed from that office by the Governor; or (b) resigns by written notice to the Minister; or (c) ceases to be a member of HPC. 2—Deputies (1) The Governor may, from time to time, appoint a suitable person to be the deputy of a member of HPC, and the Governor may revoke any such appointment. (2) In the absence of a member, the member's deputy— (a) is, if available, to act in the place of the member; and (b) while so acting, has all the functions of the member and is taken to be a member. (3) The deputy of a member who is Chairperson or Deputy Chairperson of HPC does not (because of this clause) have the member's functions as Chairperson or Deputy Chairperson. 3—Term of office (1) Subject to this Schedule, a member of HPC holds office for such period (not exceeding 4 years) as may be specified in the member's instrument of appointment and is eligible for reappointment at the expiration of a term of office. (2) However, a member may not hold office for consecutive terms that exceed 8 years in total. 4—Allowances A member of HPC is entitled to fees, allowances and expenses approved by the Governor. 5—Vacancy in office of member (1) The Governor may remove a member from office— (b) for neglect of duty; or (c) for mental or physical incapacity to carry out duties of office satisfactorily; or (d) for dishonourable conduct; or (e) if serious irregularities have occurred in the conduct of HPC's affairs or HPC has failed to carry out its functions satisfactorily and the Minister considers that HPC should be reconstituted for that reason. (2) The office of a member of HPC becomes vacant if the member— (d) becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or (e) is convicted in South Australia of an offence that is punishable by imprisonment for a term of 12 months or more, or is convicted elsewhere than in South Australia of an offence that, if committed in South Australia, would be an offence so punishable; or (f) is removed from office under subclause (1). (3) If the office of a member of HPC becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy. 6—Procedures of HPC (1) The procedure for the calling of meetings of HPC and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by HPC. (2) The quorum for a meeting of HPC is a majority of its members for the time being. (3) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson or, in the absence of both, another member elected to chair the meeting by the members present, is to preside at a meeting of HPC. (4) A conference by telephone or other electronic means between the members of HPC will, for the purposes of this Act, be taken to be a meeting of HPC at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the members of HPC for that purpose; and 7—Committees and subcommittees (1) HPC may establish committees or subcommittees as HPC thinks fit to advise HPC on any aspect of its functions, or to assist HPC in the performance of its functions. (2) A committee or subcommittee established under subclause (1) may, but need not, consist of, or include, members of HPC. (3) The procedures to be observed in relation to the conduct of business of a committee or a subcommittee will be— (a) as prescribed by regulation; or (b) insofar as the procedure is not prescribed by regulation—as determined by HPC; or (c) insofar as the procedure is not prescribed by regulation or determined by HPC—as determined by the relevant committee or subcommittee. Schedule 2—Health Advisory Councils 1—Term of office Subject to this Schedule, a member of a HAC holds office for such period (not exceeding 3 years) as may be determined by the constitution or rules of the HAC and is eligible for reappointment at the expiration of a term of office. 2—Vacancy in office of member (1) The Minister may remove a member from office— (b) for neglect of duty; or (c) for mental or physical incapacity to carry out duties of office satisfactorily; or (d) for dishonourable conduct; or (e) if serious irregularities have occurred in the conduct of the HAC's affairs or the HAC has failed to carry out its functions satisfactorily and the Minister considers that the HAC should be reconstituted for that reason; or (f) on any other ground specified by the constitution or rules of the HAC. (2) The office of a member of a HAC becomes vacant if the member— (d) becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or (e) is convicted in South Australia of an offence that is punishable by imprisonment for a term of 12 months or more, or is convicted elsewhere than in South Australia of an offence that, if committed in South Australia, would be an offence so punishable; or (f) is removed from office under subclause (1). (3) If the office of a member of a HAC becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy. 3—Application of Public Sector (Honesty and Accountability) Act The Public Sector (Honesty and Accountability) Act 1995 applies to a member of a HAC that has not been incorporated under this Act as if the HAC were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister. 4—Presiding member The Minister must appoint a member of a HAC to be the presiding member of the HAC. 5—Procedures (1) The procedure for the calling of meetings of a HAC and for the conduct of business at those meetings is, subject to this Act and the constitution or rules of the HAC, to be as determined by the HAC. (2) A conference by telephone or other electronic means between the members of a HAC will, for the purposes of this Act, be taken to be a meeting of the HAC at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the members of the HAC for that purpose; and 6—Committees and subcommittees (1) A HAC may establish committees or subcommittees as the HAC thinks fit to advise the HAC on any aspect of its functions, or to assist HPC in the performance of its functions. (2) A committee or subcommittee established under subclause (1) may, but need not, consist of, or include, members of the HAC. (3) The procedures to be observed in relation to the conduct of business of a committee or a subcommittee will be— (a) as determined by the HAC; or (b) insofar as the procedure is not determined by the HAC—as determined by the relevant committee or subcommittee. 7—Interpretation A reference in this Schedule to a member of a HAC will, in the case of a HAC that has been incorporated under this Act, be taken to be a reference to a member of the governing body of a HAC (unless the contrary intention appears). Schedule 3—Governing boards for incorporated hospitals and incorporated health services 1—Chairperson and Deputy Chairperson (1) The Minister is to appoint 1 of the members of a governing board (by the member's instrument of appointment or by other instrument executed by the Minister) as Chairperson of the board. (2) The Minister may appoint 1 of the members of a governing board (by the member's instrument of appointment or by other instrument executed by the Minister) as Deputy Chairperson of the board and, if a member is so appointed, that member will, in the absence of the Chairperson, act in the office of the Chairperson. (3) The Minister may remove a member from the office of Chairperson or Deputy Chairperson of a governing board at any time. (4) A person holding office as Chairperson or Deputy Chairperson of a governing board vacates that office if the person— (a) is removed from that office by the Minister; or (b) resigns by written notice to the Minister; or (c) ceases to be a member of the board. 2—Term of office (1) Subject to this Act, a member of a governing board— (a) will be appointed on conditions determined by the Minister; and (b) holds office for such period (not exceeding 3 years) as may be specified in the member's instrument of appointment; and (c) is eligible for reappointment at the expiration of a term of office. (2) A member of a governing board may not hold office for more than 9 consecutive years. (3) A member of a governing board whose term of office expires (other than by the resignation of the member or removal by the Minister) without a person having been appointed to fill the vacancy continues in office until whichever of the following occurs first: (a) a person is appointed to fill the vacancy; (b) a period of 3 months elapses after the expiry of the term of office. 3—Remuneration (1) A member of a governing board is entitled to remuneration, allowances and expenses determined by the Minister. (2) The Minister must cause the remuneration, allowances and expenses determined under this clause to be published on a website determined by the Minister that is accessible by the public at no charge. (3) The Chairperson of a governing board must ensure that travel or entertainment expenses incurred by the board in respect of the performance by a member of the member's functions and duties are disclosed on a website accessible to the public at no charge not more than 60 days after the day on which they are paid for by the board (whether directly or by reimbursement to the member). 4—Removal from office The Minister may remove a member of a governing board from office— (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. 5—Vacancy in office of member (1) The office of a member of a governing board becomes vacant if the member— (ca) ceases to satisfy the qualification by virtue of which the member was eligible for appointment to the governing board; or (d) becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or (e) is convicted in South Australia of an offence that is punishable by imprisonment for a term of 12 months or more, or is convicted elsewhere than in South Australia of an offence that, if committed in South Australia, would be an offence so punishable; or (f) is removed from office under clause 4. (2) If the office of a member of a governing board becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy. 5A—Requirement to publish The Minister must— (a) within 14 days of an appointment of a member of a governing board; or (b) within 14 days of a removal of a member of a governing board, publish a notice in the Gazette setting out the appointment or removal (as the case requires). 6—Validity of acts An act or proceeding of a governing board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 7—Public meetings (1) A governing board must hold an annual public meeting between 1 October and 31 December in each year at which— (a) the annual report of the incorporated hospital or the incorporated health service (as the case requires) for the previous financial year is presented to members of the public; and (b) any member of the public in attendance at the meeting is entitled to address the meeting. (2) The holding of the meeting under subclause (1) is to be advertised in at least 1 newspaper circulating generally in the area of the incorporated hospital or the incorporated health service (as the case requires) and by such other means (including on a website accessible by the public at no charge) as the governing board determines. 8—Procedures (1) A quorum of a governing board consists of a majority of its members for the time being. (2) The agenda for a meeting of a governing board must, at least 7 days before the meeting is to be held, be published on a website accessible by the public at no charge. (3) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson (if any) or, in the absence of both, another member elected to chair the meeting by the members present, is to preside at a meeting of a governing board. (4) A decision carried by a majority of the votes cast by the members present at a meeting of a governing board is a decision of the board. (5) A conference by telephone or other electronic means between the members of a governing board will, for the purposes of this clause, be taken to be a meeting of the board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the board for the purpose; and (6) A proposed resolution of a governing board becomes a valid decision of the board despite the fact that it is not voted on at a meeting of the board if— (a) notice of the proposed resolution is given to all members in accordance with procedures determined by the board; and (b) a majority of the members express concurrence in the proposed resolution by letter, fax, email or other written communication setting out the terms of the resolution. (7) A governing board must have accurate minutes kept of its meetings and must publish the approved minutes of the meeting within 7 days of the meeting at which the minutes were approved on a website accessible by the public at no charge. (8) Subject to this Act and the regulations, a governing board may determine its own procedures. 9—Committees and subcommittees (1) A governing board may establish committees or subcommittees as the board thinks fit to advise the board on any aspect of its functions, or to assist the board in the performance of its functions. (2) A committee or subcommittee established under subclause (1) may, but need not, consist of, or include, members of the governing board. (3) The procedures to be observed in relation to the conduct of business of a committee or a subcommittee established by a governing board will be— (a) as prescribed by regulation; or (b) insofar as the procedure is not prescribed by regulation—as determined by the board; or (c) insofar as the procedure is not prescribed by regulation or determined by the board—as determined by the relevant committee or subcommittee. (4) A member of a committee or subcommittee established under this clause is entitled to remuneration, allowances and expenses determined by the governing board with the approval of the Minister. 10—Appointment of advisers (1) The Minister may appoint a person to be an adviser to a governing board if the Minister considers that the adviser may assist the board to improve the performance of— (a) the board; or (b) the incorporated hospital or the incorporated health service (as the case requires) governed by the board. (2) The Minister must not appoint more than 2 persons to be advisers to a governing board at the same time. (3) In deciding whether to appoint an adviser to a governing board, the Minister may have regard to the performance of the board or the incorporated hospital or the incorporated health service (as the case requires) governed by the board in relation to the following: (a) the safety and quality of health services being provided by the incorporated hospital or the incorporated health service (as the case requires); (b) the compliance of the board with this Act and any service agreement applying to the board; (c) the financial management of the incorporated hospital or the incorporated health service (as the case requires). (4) An adviser holds office for the period (not exceeding 1 year) specified in the adviser's instrument of appointment. (5) An adviser to a governing board is entitled to remuneration, allowances and expenses determined by the Minister. 11—Functions of advisers (1) An adviser is to provide advice to, and otherwise assist, a governing board in the performance of its functions and, for that purpose, is entitled— (a) to receive notice of any meeting of the board; and (b) to have access to papers provided to members of the board for the purposes of any meetings; and (c) to attend, and participate in, any meeting of the board (but has no entitlement to vote and must not be present at the time that a vote is taken). (2) An adviser must, as required by the Minister, provide reports to the Minister and the Chief Executive on any matter relating to the operation of the governing board and the or the incorporated health service (as the case requires) under the management, administration and control of the board. 12—Dismissal of governing board (1) The Minister may, at any time, dismiss all the members of a governing board if satisfied that— (a) the board has failed to perform its functions effectively; or (b) the board has failed to comply with a provision of this Act; or (c) the board has failed to comply with a direction of the Minister or the Chief Executive. (2) If the Minister dismisses all the members of a governing board under subclause (1), the office of each member of the board becomes vacant. (3) The Minister must, within 12 sitting days after the dismissal of a governing board under this clause, cause notice of the dismissal to be laid before both Houses of Parliament. 13—Administrators (1) If the members of a governing board are dismissed under clause 12 or for some other reason there are no members of a governing board at any time, the Minister may appoint the Chief Executive or other qualified person to administer and perform the functions of the board subject to any conditions specified in the instrument of appointment. (2) An act done or decision made by an administrator in administering and performing the functions of a governing board is an act or decision of the board. (3) An administrator is entitled to remuneration, allowances and expenses determined by the Minister. (4) The Minister may revoke the appointment of an administrator for any reason before the term of appointment expires, either to appoint a different person as administrator or to appoint new members of a governing board. (5) In this clause— qualified person means a person the Minister considers has the necessary qualifications and experience to perform the functions of a governing board. 14—Use of facilities etc A governing board may, with the approval of the responsible Minister or, if relevant, a responsible public sector instrumentality, make use of the staff, services or facilities of an administrative unit or another public sector instrumentality.