115EBoard of directors

115E Board of directors S. 115E(1) amended by No. 52/2017 s. 45(2). (1) There shall be a board of directors of each multi purpose service. (2) The functions of the board of a multi purpose service are— (a) to oversee and manage the service; and S. 115E(2)(b) amended by No. 52/2017 s. 45(3)(a). (b) to ensure that the services provided by the service comply with the requirements of this Act, the objects of the service, its by-laws and any agreement entered into by the service; and S. 115E(2)(c) inserted by No. 52/2017 s. 45(3)(b). (c) to enter into service agreements under section 115O or health service agreements, if the board considers it appropriate; and S. 115E(2)(d) inserted by No. 52/2017 s. 45(3)(b). (d) to develop strategic plans for the operation of the multi purpose service and to monitor compliance with those agreements and plans; and S. 115E(2)(e) inserted by No. 52/2017 s. 45(3)(b). (e) to develop financial and business plans, strategies and budgets to ensure the accountable and efficient provision of health services by the multi purpose service and the long term financial viability of the multi purpose service; and S. 115E(2)(f) inserted by No. 52/2017 s. 45(3)(b). (f) to establish and maintain effective systems to ensure that— (i) the health services provided meet the needs of the communities served by the multi purpose service; and (ii) the views of users and providers of health services are taken into account; and S. 115E(2)(g) inserted by No. 52/2017 s. 45(3)(b). (g) to monitor the performance of the multi purpose service to ensure that— (i) the multi purpose service operates within its budget; and (ii) its audit and accounting systems accurately reflect the financial position and viability of the multi purpose service; and (iii) the multi purpose service adheres to— (A) its financial and business plans; and (B) its strategic plans; and (C) any service agreements entered into under section 115O or any health service agreements entered into; and (iv) effective and accountable risk management systems are in place; and (v) effective and accountable systems are in place to monitor and improve the quality, safety and effectiveness of health services provided by the multi purpose service; and (vi) any problems identified with the quality, safety or effectiveness of the health services provided are addressed in a timely manner; and (vii) the multi purpose service continuously strives to improve the quality and safety of the health services it provides and to foster innovation; and (viii) committees established or appointed by the board operate effectively; and S. 115E(2)(h) inserted by No. 52/2017 s. 45(3)(b). (h) subject to the Secretary's approval, to appoint a chief executive officer of the multi purpose service and to determine the chief executive officer's remuneration and terms and conditions of appointment; and S. 115E(2)(i) inserted by No. 52/2017 s. 45(3)(b). (i) during each financial year, to monitor the performance of the chief executive officer of the multi purpose service (including at least one formal assessment in relation to that financial year), having regard to the objectives, priorities and key performance outcomes specified in any service agreements entered into under section 115O or any health service agreements entered into by the multi purpose service; and S. 115E(2)(j) inserted by No. 52/2017 s. 45(3)(b). (j) to establish the organisational structure, including the management structure, of the multi purpose service; and S. 115E(2)(k) inserted by No. 52/2017 s. 45(3)(b). (k) to develop arrangements with other relevant agencies and service providers to enable effective and efficient service delivery and continuity of care; and S. 115E(2)(l) inserted by No. 52/2017 s. 45(3)(b). (l) to ensure that the Minister and the Secretary are advised about significant board decisions and are informed in a timely manner of any issues of public concern or risks that affect or may affect the multi purpose service; and S. 115E(2)(m) inserted by No. 52/2017 s. 45(3)(b). (m) to establish the following committees— (i) a Finance Committee, an Audit Committee and a Quality and Safety Committee; or (ii) a Finance and Audit Committee and a Quality and Safety Committee; and S. 115E(2)(n) inserted by No. 52/2017 s. 45(3)(b). (n) to facilitate health education; and S. 115E(2)(o) inserted by No. 52/2017 s. 45(3)(b). (o) to adopt a code of conduct for staff of the multi purpose service; and S. 115E(2)(p) inserted by No. 52/2017 s. 45(3)(b). (p) to provide appropriate training for directors; and S. 115E(2)(q) inserted by No. 52/2017 s. 45(3)(b). (q) any other functions conferred on the board by or under this Act. S. 115E(2A) inserted by No. 52/2017 s. 45(4). (2A) In performing its functions and exercising its powers, the board of a multi purpose service must have regard to— (a) the needs and views of patients and other users of the health services provided by the multi purpose service and of the community served by the multi purpose service; and (b) the need to ensure that the multi purpose service uses its resources in an effective and efficient manner; and (c) the need to ensure that resources of the Victorian public health sector generally are used effectively and efficiently. (3) The board of a multi purpose service has such powers as are necessary to enable it to carry out its functions, including the power to make, amend or revoke by-laws. (4) The board of a multi purpose service shall consist of not less than 6 and not more than 12 natural persons— (a) in the case of the first board of a multi purpose service, nominated by the Minister; and (b) in any other case, nominated by the Minister after consideration of a name or names submitted by the board. S. 115E(4A) inserted by No. 52/2017 s. 45(5). (4A) For the purposes of subsection (4), the Minister or the board (as the case may be) must consider, for the period of 3 years from the commencement of section 45(5) of the **Health Legislation Amendment (Quality and Safety) Act 2017**, when nominating a person for the board, the desirability of limiting the term of a re‑appointment of a director so that the combined term of the director's initial appointment, any re‑appointment and any proposed re-appointment does not exceed 9 consecutive years. (5) If the board does not submit a name or names for the purposes of subsection (4) within 60 days after receiving a request to do so from the Minister, the Minister may nominate a natural person or natural persons for the purposes of that subsection. S. 115E(5A) inserted by No. 52/2017 s. 45(6). (5A) For the purposes of subsections (4) and (5), the Minister or the board (as the case may be) must have regard to any prescribed matters when nominating a person or submitting a name. S. 115E(6) amended by No. 52/2017 s. 45(7). (6) The directors of a board shall be appointed by the Governor in Council. S. 115E(7) amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 16)), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 96.8), 80/2006 s. 26(Sch. item 48.5), amended by No. 52/2017 s. 45(8). (7) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a director of a board in respect of the office of director. S. 115F inserted by No. 99/1995 s. 6.