65XProcedure of board

65X Procedure of board Subject to this Part, the procedure of a board of a public health service is in the discretion of the board. S. 65XA inserted by No. 52/2004 s. 30. 65XA Chief executive officer S. 65XA(1) repealed by No. 52/2017 s. 29. (2) The chief executive officer of a public health service is subject to the direction of the board in controlling and managing the public health service. S. 65XAB inserted by No. 52/2017 s. 30. 65XAB Guidelines of Minister The Minister may publish in the Government Gazette guidelines relating to the role and procedure of boards of public health services and how they may carry out their functions. S. 65XB inserted by No. 52/2004 s. 30. 65XB Functions of the chief executive officer (1) The functions of the chief executive officer are— (a) to manage the public health service in accordance with— (ii) the instructions of the board; (b) to prepare material for consideration by the board including statements of priorities, strategic plans, business plans, strategies and budgets; (c) to ensure that the board and the committees established or appointed under this Division are assisted and provided with relevant information to enable them to perform their functions effectively and efficiently; S. 65XB(1)(d) amended by No. 52/2017 s. 31(1). (d) to implement effective and accountable systems to monitor andimprove the quality, safety and effectiveness of health services provided by the public health service; S. 65XB(1)(e) amended by No. 52/2017 s. 31(2). (e) to ensure that the public health service continuously strives to improve the quality and safety of the health services it provides and to foster innovation; (f) to ensure that the board's decisions are implemented effectively and efficiently throughout the public health service; (g) to inform the board in a timely manner of any issues of public concern or risks that affect or may affect the public health service; (h) to inform the board, the Secretary and the Minister without delay of any significant issues of public concern or significant risks affecting the public health service. (2) In performing his or her functions, the chief executive officer must have regard to— (a) the needs and views of patients and other users of the health services that the public health service provides and the community that the public health service serves; and (b) the need to ensure that the public health service uses its resources in an effective and efficient manner; and S. 65XB(2)(c) amended by No. 52/2017 s. 31(3). (c) the need to ensure that resources of the Victorian public health sector generally are used effectively and efficiently. S. 65Y inserted by No. 39/2000 s. 8. 65Y Immunity S. 65Y(1) amended by No. 52/2004 s. 31(a). (1) A director of a board of a public health service is not personally liable for anything done or omitted to be done in good faith— (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act. S. 65Y(2) amended by No. 52/2004 s. 31(b). (2) Any liability resulting from an act or omission that would but for subsection (1) attach to a director of the board of a public health service attaches instead to the public health service. S. 65Z inserted by No. 39/2000 s. 8, amended by No. 52/2004 s. 32. 65Z Validity of acts or decisions An act or decision of a board of a public health service is not invalid by reason only of— (a) a defect or irregularity in or in connection with the appointment of a director of the board; or S. 65ZAA inserted by No. 52/2004 s. 33. 65ZAA Appointment of delegate to board S. 65ZAA(1) amended by No. 52/2017 s. 32(1). (1) The Minister may appoint not more than 2 delegates to the board of a public health service if the Minister considers that such an appointment will assist the board to improve the performance of the public health service or, in the case of a new public health service, will assist the orderly establishment of the public health service or the performance of the public health service. (2) A delegate is not a director of the board of a public health service. S. 65ZAA(3) amended by No. 52/2017 s. 32(2)(a). (3) In determining if an appointment of a delegate under subsection (1) will assist the board to improve the performance of the public health service or, in the case of a new public health service, will assist the orderly establishment of the public health service or the performance of the public health service, the Minister must have regard to— S. 65ZAA(3)(a) amended by No. 52/2017 s. 32(2)(b). (a) the need to ensure that the public health service is meeting, or that the new public health service will meet, the objectives, priorities and key performance outcomes specified in the service's statement of priorities under section 65ZFA; and S. 65ZAA (3)(ab) inserted by No. 52/2017 s. 32(2)(c), amended by No. 4/2022 s. 7. (ab) the quality and safety of the health services provided by the public health service or to be provided by the new public health service, including compliance with the duty of candour; and (b) whether the board has requested such an appointment. (a) subject to subsections (7) and (8), holds office for the period specified in the instrument of appointment, being a period of not more than 12 months from the date of appointment; and S. 65ZAA(6)(d) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 96.7), 80/2006 s. 26(Sch. item 48.4). (d) is in respect of the office of delegate subject to the **Public Administration Act 2004** (other than Part 3 of that Act). S. 65ZAB inserted by No. 52/2004 s. 33. 65ZAB Functions of delegate The functions of a delegate to the board of a public health service are— (c) to advise the Minister and the Secretary on any matter relating to the public health service or the board. S. 65ZAC inserted by No. 52/2004 s. 33. 65ZAC Obligations of board to delegate The board of a public health service must— (a) permit a delegate appointed to the board to attend any meeting of the board or any meeting of its committees established or appointed under this Division; and (b) provide a delegate appointed to the board with information or a copy of any notice or other document provided to the directors of the board or to the members of any of the board's committees established or appointed under this Division at the same time as such information, notice or other document is provided to the directors or members. S. 65ZA inserted by No. 39/2000 s. 8. 65ZA Advisory committees S. 65ZA(1) amended by No. 52/2004 s. 34(a). (1) The board of a public health service — (a) must appoint at least one community advisory committee; and (b) must appoint a primary care and population health advisory committee; and (c) may appoint such other advisory committees as it determines. S. 65ZA(2) amended by No. 52/2004 s. 34(b). (2) The board of a public health service must appoint its community advisory committee and its primary care and population health advisory committee within 6 months after the establishment of the public health service. S. 65ZA(3) amended by No. 52/2004 s. 34(c). (3) The board of a public health service must include in its report of operations under Part 7 of the **Financial Management Act 1994**, a report on the activities of its advisory committees. S. 65ZB inserted by No. 39/2000 s. 8. 65ZB Community advisory committee S. 65ZB(1) amended by No. 52/2004 s. 35(a). (1) Subject to this section, a community advisory committee consists of such number of members as the board of the public health service determines. S. 65ZB(2) amended by No. 52/2004 s. 35(b). (2) The board of a public health service must ensure that the persons appointed to a community advisory committee are persons who are able to represent the views of the communities served by the public health service. (3) In appointing persons to a community advisory committee, a board must give preference to a person— S. 65ZB(3)(a) amended by No. 22/2016 s. 235. (a) who is not a registered health practitioner within the meaning of the Health Practitioner Regulation National Law; and (b) who is not currently or has not recently been employed or engaged in the provision of health services. S. 65ZB(4) amended by No. 52/2004 s. 35(c). (4) The board of a public health service must appoint a person to fill a vacancy in the membership of a community advisory committee within 3 months after the vacancy arises. S. 65ZC inserted by No. 39/2000 s. 8. 65ZC Primary care and population health advisory committee S. 65ZC(1) amended by No. 52/2004 s. 36(a). (1) Subject to this section, a primary care and population health advisory committee consists of such number of members as the board of the public health service determines. S. 65ZC(2) amended by No. 52/2004 s. 36(b). (2) A board of a public health service must ensure that its primary care and population health advisory committee consists of persons who between them have the following knowledge and expertise— S. 65ZC(2)(a) amended by No. 52/2004 s. 36(b). (a) expertise in or knowledge of the provision of primary health services in the areas served by the public health service; S. 65ZC(2)(b) amended by No. 52/2004 s. 36(b). (b) expertise in identifying health issues affecting the population served by the public health service and designing strategies to improve the health of that population; S. 65ZC(2)(c) amended by No. 52/2004 s. 36(b). (c) knowledge of the health services provided by local government in the areas served by the public health service. S. 65ZC(3) amended by No. 52/2004 s. 36(c). (3) The board of a public health service must appoint a person to fill a vacancy in the membership of its primary care and population health advisory committee within 3 months after the vacancy arises. S. 65ZD inserted by No. 39/2000 s. 8. 65ZD Guidelines of Secretary The Secretary may publish guidelines relating to the composition, role, functions and procedure of advisory committees. S. 65ZE inserted by No. 39/2000 s. 8, amended by No. 52/2004 s. 37. 65ZE Procedure of advisory committees Subject to any guidelines of the Secretary, the procedure of an advisory committee of a public health service is in its discretion. S. 65ZF inserted by No. 39/2000 s. 8. 65ZF Strategic plans S. 65ZF(1) amended by No. 52/2004 s. 38(a). (1) The board of a public health service must at the direction of the Minister and at the time or times determined by the Minister, prepare and submit to the Minister for approval a strategic plan for the operation of the public health service. (2) A strategic plan must be prepared in accordance with the guidelines established by the Minister from time to time. (b) approve a strategic plan with amendments; or (c) refuse to approve a strategic plan. S. 65ZF(4) amended by No. 52/2004 s. 38(b). (4) The board of a public health service must advise the Minister if it wishes to exercise its functions in a manner inconsistent with its approved strategic plan. S. 65ZFA inserted by No. 52/2004 s. 39. 65ZFA When statement of priorities to be prepared (1) In respect of each financial year, the board of a public health service must— (a) prepare, in consultation with the Secretary, a proposed statement of priorities in relation to the public health service in accordance with section 65ZFB; and (b) submit the proposed statement of priorities to the Minister. (2) If the board of the public health service and the Minister fail to agree on a statement of priorities before 1 October of the financial year to which the statement of priorities relates, the Minister may make a statement of priorities in relation to the public health service in accordance with section 65ZFB. (3) A statement of priorities may be varied at any time if the board of the public health service and the Minister so agree. (4) If the board of the public health service and the Minister fail to agree to a proposed variation of a statement of priorities within 28 days after the variation is proposed, the Minister may— (a) vary the statement of priorities; or (b) decline to vary the statement of priorities. (5) The Minister must cause copies of each statement of priorities and any variation to be made available on request to members of the public. S. 65ZFB inserted by No. 52/2004 s. 39. 65ZFB Content of statement of priorities A public health service's statement of priorities under section 65ZFA must— (a) be consistent with the strategic plan approved by the Minister for the operation of the service; and (b) specify in respect of the financial year to which it relates— (i) the services to be provided by the public health service and the funds to be provided to the public health service; and (ii) the objectives, priorities and key performance outcomes to be met by the public health service; and (iii) the performance indicators, targets or other measures against which the public health service's performance is to be assessed and monitored; and (iv) how and when the public health service must report to the Minister and the Secretary on its performance in relation to the specified objectives, priorities and key performance outcomes; and (v) such other matters as, from time to time, are agreed by the Minister and the board of the public health service or are determined by the Minister. S. 65ZG inserted by No. 39/2000 s. 8. 65ZG Annual meetings S. 65ZG(1) amended by Nos 52/2004 s. 40(a), 42/2005 s. 12. (1) The board of a public health service must ensure that the chief executive officer convenes an annual meeting of the public health service to be held on or after 1 July and on or before 31 December (or, if the Secretary in writing approves a later date, on or before that later date) in each year. S. 65ZG(2) amended by No. 52/2004 s. 40(a). (2) Nothing in subsection (1) requires an annual meeting of a public health service to be held before the public health service has been a public health service for 12 months. S. 65ZG(3) amended by No. 52/2004 s. 40(a). (3) The chief executive officer of the public health service must cause notice of the annual meeting to be published in a newspaper circulating generally in the area where the public health service is situated giving notice— S. 65ZG(4) amended by No. 52/2004 s. 40(b). (4) At each annual meeting of a public health service, the board— (a) must submit the report of operations and financial statements prepared in accordance with Part 7 of the **Financial Management Act 1994**; and (b) must report on the health services provided to the community in the preceding year and on health services proposed to be provided in the following year; and (c) must report on such other matters as are prescribed. New s. 66 inserted by No. 52/2004 s. 41.