Part 4AService agreements

Part 4A—Service agreements 28A—Preliminary health service provider means a party to a service agreement (other than the Chief Executive); service agreement—see section 28B(1). 28B—Service agreement with Chief Executive (1) The Chief Executive must enter into an agreement (a service agreement) relating to the provision of health services with the following: (a) each incorporated hospital; (ab) each incorporated health service; (b) SAAS. (2) A service agreement must specify— (a) the health services to be provided to the State by the health service provider, including particulars relating to the volume, scope and standard of services; and (b) the teaching, training and research to be provided in support of the provision of health services; and (c) the funding to be provided to the health service provider for the provision of the services, including the way in which the funding is to be provided; and (d) that each health service provider must operate programs that promote the provision of health care for Aboriginal and Torres Strait Islander people; and (e) the performance measures and operational targets for the provision of the services by the health service provider; and (f) how the evaluation and review of results in relation to the performance measures and operational targets are to be carried out; and (g) the performance data and other information to be provided by the health service provider to the Chief Executive, including how, and how often, the data is to be provided; and (h) any other matter the Chief Executive considers relevant to the provision of the services by a health service provider; and (i) any other matter prescribed by the regulations. (3) A service agreement may— (a) deal with matters relating to funding provided by the Commonwealth (despite the fact that the Commonwealth is not a party to the agreement); and (b) state the circumstances in which the health service provider (the first provider) may agree with another health service provider to provide services for the first provider. (4) Negotiations relating to a service agreement must be conducted in accordance with a policy established by the Chief Executive and any requirements prescribed by the regulations. (5) A service agreement entered into under subsection (1) is binding on the Chief Executive and the relevant incorporated hospital, incorporated health service or SAAS. 28C—General provisions about service agreements (1) A service agreement has effect for the term specified in the agreement. (2) A service agreement is entered into by an incorporated hospital by the chief executive officer of the incorporated hospital signing the service agreement with the approval of the governing board for the incorporated hospital. (2a) A service agreement is entered into by an incorporated health service by the chief executive officer of the incorporated health service signing the service agreement with the approval of the governing board for the incorporated health service. (3) A service agreement is entered into by SAAS by the chief executive officer of SAAS signing the service agreement. (4) A service agreement may be varied by agreement between the parties, provided that a party that seeks to vary a service agreement gives the other party 14 days notice of the proposed variation. (5) If the parties entering into or proposing to vary a service agreement cannot agree on a term or variation of the agreement, the Minister may make a decision about the term or proposed variation and must— (a) advise the parties of the decision in writing; and (b) cause a copy of the decision to be tabled in each House of Parliament within 7 sitting days after the service agreement to which the decision relates is entered into or varied. (6) A term or variation decided under subsection (5) will be taken to be a term or variation of a service agreement. (7) The Chief Executive must, within 14 days after a service agreement is entered into or varied, publish the service agreement, or the agreement as varied, in a way that allows the agreement to be accessed by members of the public (including, for example, on the Internet).