Sch 3applies in respect of governing boards for incorporated hospitals.

Schedule 3 applies in respect of governing boards for incorporated hospitals. Division 3—Employed staff 34—Employed staff (1) An employing authority may employ persons to perform functions in connection with the operations or activities of an incorporated hospital. (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. (2a) 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). (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) An employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of another incorporated hospital, an incorporated health service or any other public sector agency specified by the employing authority (and the person must comply with that direction). (5) An employing authority is, in acting under this section, subject to direction by the Minister. (6) However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person. (7) An employing authority may delegate a power or function under this section. (8) A delegation under subsection (7)— (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 (8a) If— (a) the chief executive officer of an incorporated hospital 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 hospital, no direction may be given by the governing board of the incorporated hospital to the chief executive officer relating to the appointment, transfer, remuneration, discipline or termination of a particular person. (9) 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. (10) An incorporated hospital 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). (11) An incorporated hospital does not have the power to employ any person unless specifically authorised by the Minister. (12) An incorporated hospital 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. (13) On the incorporation of a hospital under this Part, any Public Service employees who had, before the date of incorporation, been assigned by the Chief Executive to work in the hospital 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). 35—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 hospital. (2) If a person commences employment by an employing authority at an incorporated hospital after ceasing to be employed— (b) by the employing authority or another employing authority at any incorporated hospital; or (c) as a member of the staff of SAAS, and that employment at the incorporated hospital 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 hospital; 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 hospital within 3 months after ceasing to be employed— (b) by the employing authority or another employing authority at an incorporated hospital; 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 hospital. Division 4—Accounts, audits and reports 36—Accounts and audit (1) An incorporated hospital 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 hospital. 37—Annual report (1) An incorporated hospital must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of the incorporated hospital during that financial year. (2) The report must incorporate the audited accounts and financial statements of the incorporated hospital 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 5—Sites, facilities and property 38—Ability to operate at various sites An incorporated hospital may be established or undertake its activities in relation to various sites. 39—Ability to provide a range of services and facilities (1) An incorporated hospital 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 residential 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 residential facilities for the aged and other forms of accommodation). (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 hospital). Division 6—Delegations 41—Delegations (1) An incorporated hospital may delegate a function or power conferred on the incorporated hospital—