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Health Care Act 2008
Part 2Minister and Chief Executive
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Part 2—Minister and Chief Executive
6—Minister
(1) The Minister's functions in connection with the operation of this Act include the following (to be performed to such extent as the Minister considers appropriate):
(a) to ascertain the requirements of the community, or sections of the community, in the field of health and health services and to determine how those requirements should be met to the best advantage of the community;
(b) to plan, implement or support the provision of a system of health services that is comprehensive, co‑ordinated and readily accessible to the public;
(c) to establish health services within the community;
(d) to act to ensure that hospitals established under this Act, or that hospitals or other health services established, maintained or operated by or with the assistance of the Government of the State, are operated in an efficient and economical manner;
(e) to ensure the proper allocation of resources across health services established under this Act;
(f) to ensure that emergency ambulance services are provided in an efficient and effective manner through SAAS;
(g) to promote or support—
(i) research in the field of health and health services, including through the provision of facilities or other forms of support to a university or other institution, authority or person considered to be appropriate by the Minister; and
(ii) the collection of data, statistics and other information in relation to health and health services; and
(iii) the provision of education, instruction or training in professional or other fields associated with health and the provision of health services;
(h) to promote and encourage the participation of volunteers in the provision of health services;
(i) to disseminate information and knowledge for the benefit of the health of the public;
(j) to establish mechanisms to keep the policies and standards of health and health services developed by the Department under evaluation and review;
(k) to promote a positive relationship between the public, private and other health sectors;
(ka) to provide and maintain such services or facilities as another Minister may request in connection with the field of veterinary science;
(l) such other functions assigned to the Minister by or under this or any other Act, or considered by the Minister to be relevant to the operation of this or any other relevant Act.
(2) The Minister has the power to do anything necessary, expedient or incidental to—
(a) performing the functions of the Minister under this Act; or
(b) administering this Act; or
(c) furthering the objects of this Act.
(3) The Minister cannot give a direction concerning the clinical treatment of a particular person.
7—Chief Executive
(1) The Chief Executive's functions in connection with the operation of this Act include the following:
(a) to assist the Minister in connection with the administration of this Act and to exercise statutory powers conferred by this Act;
(b) to assist and advise the Minister in relation to—
(i) the provision of health services within the State; and
(ii) the protection or promotion of public health within the State;
(c) to assist and advise the Minister in the development and implementation of planning for the health system statewide;
(d) to provide strategic leadership and direction for the provision of public health services in the State;
(e) to promote the effective and efficient use of available resources in the provision of public health services in the State;
(f) to engage with consumer representatives and other interested parties in the development of health care policy, planning and service delivery;
(g) to contribute to and implement statewide service plans that apply to incorporated hospitals, incorporated health services and SAAS;
(h) to undertake workforce planning for the health system statewide;
(i) to ensure that a highly trained workforce is valued within the health system;
(j) to oversee, monitor and promote improvements in the safety and quality of health services provided by incorporated hospitals, incorporated health services and SAAS;
(k) to develop and issue policies and directives to apply to the Department, incorporated hospitals, incorporated health services and SAAS;
(l) to develop and issue policies on workforce harassment and bullying;
(m) to monitor the performance of incorporated hospitals, incorporated health services and SAAS, and to take remedial action if agreed performance measures and operational targets are not met;
(n) to receive and evaluate performance data and other data provided by incorporated hospitals, incorporated health services and SAAS;
(o) at the request of the Minister, to provide advice on any other matter in relation to which the Minister considers that the advice of the Chief Executive should be available;
(p) to facilitate the provision of laboratory, research or other similar facilities, including on account of a request by a Minister under section 6(1)(ka);
(q) such other functions assigned to the Chief Executive by or under this or any other Act, or assigned to the Chief Executive by the Minister in connection with the operation of this or any other Act.
(1a) The Chief Executive may issue policies and directives that are to be complied with by the Department, incorporated hospitals, incorporated health services and SAAS.
(2) The Chief Executive has the power to do anything necessary, expedient or incidental to performing the functions of the Chief Executive.
(3) Subject to this Act, the Chief Executive is, in the performance and exercise of the Chief Executive's functions and powers, subject to the control and direction of the Minister.
(4) The Chief Executive cannot give a direction concerning the clinical treatment of a particular person.
8—Delegations
(1) The Minister may delegate a function or power conferred on the Minister under this Act—
(2) The Chief Executive may delegate a function or power conferred on the Chief Executive under this Act—
(3) A delegation—
(c) is revocable at will and does not prevent the delegator from acting personally in a matter.