Mental Health and Wellbeing Act 2022
626Appointment of delegate to Institute Board
Start here
Get a plain-English read of 626
Turn the raw legal text into a practical explanation grounded in Mental Health and Wellbeing Act 2022.
626 Appointment of delegate to Institute Board
(1) The Minister may appoint not more than 2 delegates to the Institute Board if the Minister considers that the appointment will assist the Institute Board to improve the performance of the Institute.
(2) A delegate is not a director of the Institute Board.
(3) In determining if an appointment of a delegate under subsection (1) will assist the Institute Board to improve the performance of the Institute, the Minister must have regard to—
(a) the financial performance of the Institute; and
(b) the quality and safety of the mental health and wellbeing services provided by the Institute, including compliance with the duty of candour; and
(c) whether the Institute Board has requested the appointment.
(4) The Minister may appoint a delegate irrespective of whether the Institute Board has requested the appointment.
(5) The instrument of appointment of a delegate—
(a) must be published in the Government Gazette; and
(b) must specify the terms and conditions of appointment; and
(c) may specify any remuneration to which the delegate is entitled.
(6) A delegate—
(a) subject to subsections (8) and (9), 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
(c) is entitled to be reimbursed reasonable expenses incurred in holding office as delegate.
(7) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a delegate in respect of the office of delegate.
(8) A delegate may resign by written notice given to the Minister.
(9) The Minister may revoke the appointment of a delegate.