This Act continues the Tasmanian Health Service (THS) as a corporate body, sets its purposes and core functions, and places operational management with a Secretary-appointed Executive. It requires a written ministerial charter and an annual service plan that together set services, budgets and performance expectations.
Funding comes from Commonwealth and State grants, fees, donations and other receipts (s31). The Secretary may give written directions and establish advisory panels; major property, financial and external‑service decisions need Minister or Minister+Treasurer approval (ss4–6,9,12,20,31).
This Act continues the Tasmanian Health Service (THS) as a corporate entity, replaces the previous statutory structure created by the Tasmanian Health Organisations Act 2011 (Schedule 2, s 43), and sets a framework for centralised ministerial oversight, Secretary supervision, internal Executive management, and specified financial controls.
Mechanically, the Act:
continues the THS as a body corporate with the attributes of perpetual succession, a common seal, capacity to sue and be sued, and an express role as a representative of the Crown (s 15(1)-(2)(a)-(e)); the THS must not act for financial gain (s 16(3));
requires the Minister to issue a written ministerial charter, specifying the Minister's broad policy expectations for the Secretary and the THS; the charter must be laid before Parliament (s 4(1)-(6)) and the Minister may amend or revoke it (s 4(5));
creates a service-plan process: the Secretary prepares a proposed service plan annually (before 1 June) after consulting the THS; the Minister must approve a service plan before 30 June to apply for the next financial year (s 9(1)-(4)); service plans must include schedules of services and funding, performance standards/targets/measures, standards of patient care, reporting requirements and continuous performance management (s 10(1)(a)-(e));
makes the THS and the Secretary legally obliged to act consistently with the ministerial charter (s 6(1)-(2)), subject to the rule that, for any inconsistency between charter and service plan for a financial year, the service plan prevails to the extent of the inconsistency (s 6(3));
vests the Secretary with planning, monitoring and performance-control functions (s 7-8), including giving written directions to the THS about performance of functions or exercise of powers (s 12(1)); directions may limit but not prevent required statutory functions and cannot extend THS powers (s 12(2));
Current sections
Direct links to the current provisions in Tasmanian Health Service Act 2018.
The provisions of this Act commence on a day or days to be proclaimed.
3
Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
advisory panel means an advisory panel established under section 13(1) ;
employee, in relation to the THS, means a person who is, under section 23 , made available to the THS for the purposes of the THS;
Executive means the Executive appointed under section 26(1) ;
function includes duty;
health institution means an institution (other than a hospital) by or at which health services or health support services are provided;
health service means any of the following:
(a) a hospital service;
(b) a medical service;
(c) a paramedical service;
(d) a community health service;
(e) the supply or fitting of any prosthesis or therapeutic device;
(f) any other service (including any service of a class, or description, that is prescribed) relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in, or injury to, persons –
but does not include a service prescribed to not be a health service;
health support service means a service that is provided in aid or support of a health service and includes, but is not limited to including, the following:
(a) the professional, technical or other education or training of persons to be employed or engaged by the THS or the Crown to provide health services;
(b) the procurement or supply, or both, of goods, substances or services to providers of health services;
(c) the planning or construction of any building or facility for use in the provision of health services;
(d) the provision of corporate services to providers of health services;
(e) a service prescribed to be a health support service;
hospital services means services provided by or on behalf of a public hospital;
medical service means a service, related to ensuring the health of a person, that is provided by –
(a) a health practitioner within the meaning of the Health Practitioner Regulation National Law (Tasmania); or
(b) a member of a class of prescribed persons;
ministerial charter means the ministerial charter that is in effect from time to time under section 5 ;
public hospital means a hospital that is under the control of the THS;
Secretary means the Secretary of the Department;
service plan means a service plan approved under section 9 ;
THS means the Tasmanian Health Service continued under section 15 and includes any subsidiary of the THS.
Part 2
Ministerial Charter
Part 2 Ministerial Charter
4
Minister to issue ministerial charter
4 Minister to issue ministerial charter
(1) The Minister must issue a ministerial charter.
(2) A ministerial charter is to specify the Minister's broad policy expectations for the Secretary and the THS.
(3) A ministerial charter –
(a) may not extend or limit the functions and powers of the THS or the Secretary; and
(b) may not prevent the performance and exercise by the THS, or the Secretary, of the functions and powers of the THS, or the Secretary, respectively.
(4) A ministerial charter is to be in writing and signed by the Minister.
(5) The Minister, in writing, signed by the Minister, may, of his or her own motion or on the request of the Secretary, amend or revoke the ministerial charter.
(6) The Minister must cause a copy of a ministerial charter, and any amendment or revocation of a ministerial charter, to be laid before each House of Parliament within 10 sitting-daysof that House after the charter, amendment or revocation, as the case may be, has been signed by the Minister.
5
When ministerial charter takes effect
5 When ministerial charter takes effect
(1) The Minister is to provide to the Secretary and the Executive a copy of the ministerial charter and of an amendment or revocation of the ministerial charter.
(2) A ministerial charter, and an amendment or revocation of a ministerial charter, take effect on a day specified in the charter, amendment or revocation, as the case may be.
(3) A day specified in a charter, amendment or revocation as the day on which the charter, amendment or revocation takes effect is to be a day that is not earlier than the day on which a copy of the charter, the amendment or the revocation is provided to the Secretary and the Executive under subsection (1) .
6
THS and Secretary to comply with ministerial charter
6 THS and Secretary to comply with ministerial charter
(1) The THS must conduct the business and affairs of the THS in a manner that is consistent with the ministerial charter.
(2) The Secretary must carry out his or her functions, and exercise his or her powers, under this Act in a manner that is consistent with the ministerial charter.
(3) If the ministerial charter and the service plan in relation to a financial year are inconsistent, the service plan prevails, for the financial year, to the extent of the inconsistency.
Part 3
Functions of Secretary
Part 3 Functions of Secretary
Division 1
General functions of Secretary
Division 1 General functions of Secretary
7
Role of Secretary
7 Role of Secretary
The Secretary is responsible to the Minister for the performance of the THS and the Executive.
8
Functions of Secretary under this Act
8 Functions of Secretary under this Act
The Secretary has the following functions under this Act:
(a) planning for the delivery by the THS, over the long term, of health services and health support services, including by planning for the provision of infrastructure;
(b) assisting the Minister to determine the health services, and the health support services, that are to be provided by the THS in a financial year by submitting for the approval of the Minister the service plan for the financial year;
(c) monitoring the delivery by the THS of health services, and health support services, in accordance with the service plan for a financial year;
(d) ensuring the performance and exercise by the Executive of the functions and powers of the Executive and the THS;
(e) ensuring that there are appropriate mechanisms, including by way of advisory panels, for consultation and engagement between the THS and persons interested in the delivery by or on behalf of the THS of health services and health support services.
Division 2
Service plans
Division 2 Service plans
9
Service plan
9 Service plan
(1) The Secretary, after consultation with the THS, is to provide to the Minister, before 1 June in a year, a proposed service plan that is to apply to the THS for the following financial year.
(2) The Minister, after receiving a proposed service plan under subsection (1) or (3) , may –
(a) approve the proposed service plan; or
(b) request the Secretary to alter the proposed service plan and provide to the Minister a further proposed service plan as so altered.
(3) The Secretary, if requested to do so by the Minister under subsection (2)(b) , may provide to the Minister a proposed service plan altered as requested.
(4) The Minister is to approve under subsection (2) , before 30 June in a year, a proposed service plan that is to apply to the THS for the following financial year.
(5) If the Minister approves a proposed service plan under subsection (2) , the service plan, as amended if at all under section 11 , applies to the THS for the following financial year.
(6) The Minister must, as soon as practicable after approving a service plan, provide a copy of the plan to the Secretary and the Executive.
(7) The Minister must cause to be laid before each House of Parliament a copy of a service plan, approved by the Minister under this section, within 10 sitting-days of that House after approving the service plan.
10
Contents of service plan
10 Contents of service plan
(1) A service plan must include –
(a) a schedule of services to be provided by or on behalf of the THS and the estimated funding to be provided in relation to the provision of those services; and
(b) performance standards, performance targets and performance measures for the THS; and
(c) standards of patient care and service delivery; and
(d) requirements for the THS to report on its performance, as required by or under another provision of this Act or otherwise; and
(e) a performance management process that is to be in continuous operation in respect of the THS.
(2) A service plan may include provisions in respect of a matter, relating to the functions or powers of the THS, that the Secretary thinks fit, including a provision that limits the functions or powers of the THS or specifies how the functions or powers of the THS are to be performed or exercised in relation to the matter.
(3) Despite subsection (2) , a provision of a service plan –
(a) may not prevent the THS from –
(i) performing or exercising a function or power that the THS must, under this or any other Act, perform or exercise; or
(ii) otherwise complying with this or any other Act; and
(b) may not extend the functions and powers of the THS.
11
Amendment of service plan
11 Amendment of service plan
(1) The Secretary, after consultation with the THS, may provide to the Minister a proposed amendment of the service plan for a financial year.
(2) The Minister, after receiving a proposed amendment of a service plan under subsection (1) or (3) , may –
(a) approve the proposed amendment of the service plan; or
(b) request the Secretary to alter the proposed amendment of the service plan and provide to the Minister a further proposed amendment of the service plan as so altered.
(3) The Secretary, if requested to do so by the Minister under subsection (2)(b) , may provide to the Minister a proposed amendment of a service plan altered as requested.
(4) If the Minister approves a proposed amendment of a service plan under subsection (2)(a) , the service plan is amended in accordance with the amendment, on and from the date on which notice of the approval of the amendment is provided to the Executive under subsection (6) .
(5) A service plan for a financial year may be amended under subsection (1) at any time before or during the financial year.
(6) The Minister, as soon as practicable after approving an amendment of a service plan, must provide a copy of the amendment to the Secretary and the Executive.
(7) The Minister must cause to be laid before each House of Parliament a copy of an amendment of a service plan, approved by the Minister under this section, within 10 sitting-days of that House after approving the amendment.
Division 3
Management of THS performance
Division 3 Management of THS performance
12
Directions
12 Directions
(1) The Secretary, by notice in writing, may give the THS directions in relation to the performance of the functions, or the exercise of the powers, of the THS.
(a) may limit the performance or exercise of the functions or powers of the THS but may not prevent the THS from –
(i) performing or exercising a function or power that the THS must, under this or any other Act, perform or exercise; or
(ii) otherwise complying with this or any other Act; and
(b) may not extend the functions and powers of the THS.
(3) If a direction given under subsection (1) and the service plan in relation to a financial year are inconsistent, the service plan prevails in relation to the financial year to the extent of the inconsistency.
(4) A direction given under subsection (1) may not refer to the health care or health services provided to a particular person unless –
(a) the Secretary has received advice, in writing, from a medical practitioner, that it is necessary for the health of the person that an action be taken, or not taken, by the THS; and
(b) the direction is in accordance with that advice.
Division 4
Advisory panels
Division 4 Advisory panels
13
Advisory panels
13 Advisory panels
(1) The Secretary may establish the advisory panels that he or she considers appropriate.
(2) An advisory panel is to consist of –
(a) the members that the Secretary considers appropriate; and
(b) a chairperson appointed by the Secretary.
(3) An advisory panel has the function of providing to the Secretary, or the Executive, the advice that the Secretary requests the advisory panel to provide to the Secretary, or the Executive, respectively.
(4) Schedule 1 has effect in relation to members of advisory panels.
14
Provision of information to advisory panels
14 Provision of information to advisory panels
(1) A person may provide information to an advisory panel.
(2) A person who provides information to an advisory panel –
(a) cannot, by virtue of providing the information, be held to have breached any code of professional etiquette or ethics, to have departed from any accepted standards of professional conduct or to have contravened any Act –
(i) in relation to which the Department is the responsible Department; or
(ii) in relation to which another department, one of the primary functions of which relates to human health, is the responsible Department; and
(b) does not, to the extent that he or she has acted in good faith, incur any civil or criminal liability in respect of providing the information.
(3) A person who is, or has been, a member of an advisory panel must not, either directly or indirectly, record, divulge or make use of information obtained by the panel that identifies, or that could reasonably be expected to lead to the identification of, the person to whom the information relates, except –
(a) to the extent necessary for the performance of the functions of that advisory panel; or
(b) in other prescribed circumstances.
Part 4
Tasmanian Health Service
Part 4 Tasmanian Health Service
15
Tasmanian Health Service continued
15 Tasmanian Health Service continued
(1) The Tasmanian Health Service established under the Tasmanian Health Organisations Act 2011 , as in force immediately before that Act is repealed by this Act, is, by this subsection, continued as a body corporate of the same name.
(2) The Tasmanian Health Service continued under subsection (1) (the THS) –
(a) has perpetual succession; and
(b) is to have a common seal; and
(c) may sue and be sued in its corporate name; and
(d) subject to this Act, may do, and be subject to, all other things that a body corporate may, by law, do and be subject to, and that are necessary for, or incidental to, the purposes for which the THS is constituted or the performance of its functions; and
(e) represents the Crown.
(3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the THS affixed to a document and are to presume that it was duly affixed.
16
Purposes of THS
16 Purposes of THS
(1) The primary purposes of the THS are –
(a) to promote and maintain the health of persons who are in Tasmania; and
(b) to ensure the provision of care and treatment to, and the easing of the suffering of, persons with health problems in Tasmania.
(2) Nothing in subsection (1) is to be taken to prevent the THS from performing or exercising its functions or powers, outside Tasmania, if it is permitted to do so by an approval under section 20(2) .
(3) The THS is to perform and exercise its functions and powers other than for the purpose of financial gain.
17
Functions of THS
17 Functions of THS
The THS has the following functions:
(a) to ensure that the broad policy expectations of the Minister, as specified in the ministerial charter, are achieved;
(b) to provide the health services, and health support services, that it is required, under the relevant service plan, to provide, and to provide those services to the standards, and within the budget, set out in that plan;
(c) to conduct and managepublic hospitals, health institutions, health services, and health support services, that are under the THS's control;
(d) to ensure the effective provision of health services, and health support services, that are purchased by the THS;
(e) to manage the THS's budget, as determined by the service plan, and its other funds, so as to ensure –
(i) the efficient and economic operation of the public hospitals, health institutions, health services, and health support services, that are under the THS's control; and
(ii) the efficient and economic delivery of health services, and health support services, that are purchased by the THS; and
(iii) the efficient and economic use of its resources;
(f) to consult and collaborate, as appropriate, with other providers of health services and health support services, in the planning and delivery of health services and health support services;
(g) to provide training and education relevant to the provision of health services and health support services;
(h) to undertake research and development relevant to the provision of health services and health support services;
(i) to collect health data, and provide health data, for the purposes of research and reporting and for any other purposes that may be prescribed;
(j) any other functions conferred on the THS by this Act or any other Act or that are prescribed.
18
Performance of certain functions not mandatory
18 Performance of certain functions not mandatory
(1) Nothing in this Act is to be taken to require the THS to perform a function of the THS, or to perform a function of the THS in a manner, or to an extent, if the performance of the function, or the performance of the function in that manner, or to that extent –
(a) is not expressly stated to be a function that the THS must perform, or a function that must be performed in that manner or to that extent; or
(b) is not required under the relevant service plan to be performed by the THS; or
(c) would be in contravention of a direction given to the THS by the Secretary under this or any other Act; or
(d) would be in contravention of a requirement imposed by or under this or any other Act.
(2) A function is not, by reason only that it is specified in a provision of this Act to be a function of the THS, to be taken to be a function that the THS must perform.
19
Powers of THS
19 Powers of THS
Subject to section 20 , the THS has the following powers:
(a) to acquire, hold, dispose of and otherwise deal with property;
(b) to enter into contracts, other than contracts of employment;
(c) to receive gifts, donations or bequests;
(d) to manage trust funds for any trust that the THS registers in accordance with section 20(1)(j) ;
(e) to participate in partnerships, trusts and joint ventures and in arrangements for the sharing of profits;
(f) to manage and maintain property;
(g) to charge fees for the delivery of services and to waive all or part of such fees;
(h) to do all things necessary or convenient to be done in connection with, or incidental to, the performance and exercise of its functions and powers.
20
Limitations on powers of THS
20 Limitations on powers of THS
(1) Despite section 19 , the THS may only exercise the following powers with the approval of the Minister and Treasurer under subsection (2) and in accordance with any terms or conditions of the approval:
(a) establish an overdraft;
(b) acquire, dispose of, lease, mortgage, charge, hypothecate, or otherwise transfer or encumber, any interest in real property;
(c) invest the funds of the THS;
(d) pledge, charge or encumber any of the THS's property;
(e) create a subsidiary;
(f) indemnify any person from liability or guarantee the payment of money or the performance of services by another person;
(g) make a charitable donation;
(h) apply for or obtain endorsement by the Australian Tax Office as –
(i) a deductible gift recipient under the category of public benevolent institution; or
(ii) a charitable fund, charitable institution, health promotion charity or income tax exempt fund;
(i) participate in partnerships, trusts and joint ventures and in arrangements for the sharing of profits;
(j) register a trust;
(k) register a company;
(l) provide services outside Tasmania's territorial boundaries.
(2) The Minister and the Treasurer may, jointly, grant an approval for the purposes of subsection (1) in respect of a particular matter or a class of matters.
(3) Despite section 19 , the THS may only exercise the following powers with the approval of the Minister under subsection (4) and in accordance with any terms or conditions of the approval:
(a) charge fees other than as prescribed from time to time under this or any other Act;
(b) waive fees for the delivery of services;
(c) enter into an agreement with –
(i) a government other than the Tasmanian government; or
(ii) a government agency that is not a Tasmanian government agency.
(4) The Minister may grant an approval for the purposes of subsection (3) in respect of a particular matter or a class of matters or in respect of a particular person or class of persons, or both.
(5) The THS does not have power to make a political donation.
(6) The THS must not use its funds (including any money or other assets that it receives by grant, contribution or otherwise) for any purpose other than the performance of its functions or the exercise of its powers.
21
Delegation
21 Delegation
The THS, by instrument in writing, may delegate to a person, or a class of persons, specified in the instrument the performance or exercise of the functions or powers of the THS under this Act or any other Act (other than this power of delegation) that are specified in the instrument.
22
THS subject to direction of Secretary
22 THS subject to direction of Secretary
The THS must comply with any direction of the Secretary given to the THS under this or any other Act.
23
Employees
23 Employees
The THS may make arrangements, with the Secretary, for State Service officers, or State Service employees, of the Department to be made available to the THS for the purposes of the THS.
24
Volunteers
24 Volunteers
The THS may make use of the services provided by volunteers.
25
THS to be local hospital network
25 THS to be local hospital network
The THS is intended to be a local hospital network for the purposes of the National Health Reform Agreement between the Commonwealth and the States that was agreed to by the Council of Australian Governments on 2 August 2011, as that Agreement is amended from time to time.
26
Appointment of persons to constitute Executive
26 Appointment of persons to constitute Executive
(1) The Secretary may appoint a person, or persons, who are employees to be, or to be a member of, the Executive.
(2) A person appointed to be, or to be a member of, the Executive holds that office in conjunction with State Service employment.
(3) The Secretary may terminate the appointment of a person to be, or to be a member of, the Executive.
(4) Without limiting the Secretary's power under subsection (3) , the Secretary may terminate the appointment of a person to be, or to be a member of, the Executive if the Secretary is satisfied that, during the period in which the person was, or was a member of, the Executive, the person failed to take all reasonable steps to ensure the compliance by the THS with –
(a) a direction given to the THS by the Secretary under this or any other Act; or
(b) a requirement imposed on the THS by or under this or any other Act.
27
Role of Executive
27 Role of Executive
(1) The Executive is responsible to the Secretary for –
(a) the administration and management of the THS; and
(b) the performance and exercise by the THS of the functions and powers of the THS; and
(c) compliance with any directions given to the THS under this Act.
(2) Any matter or thing done by the Executive in the name of, or on behalf of, the THS is to be taken to have been done by the THS.
28
Functions of Executive
28 Functions of Executive
The functions of the Executive are –
(a) to administer and manage the THS; and
(b) to perform and exercise the functions and powers of the THS; and
(c) to ensure that the health services, and health support services, that the THS is required, under the relevant service plan, to provide, are provided by the THS to the standards, and within the budget, set out in that plan; and
(d) to manage and monitor, and report to the Secretary on, the administration and financial performance of the THS, as required by the Secretary; and
(e) to monitor and report to the Secretary on the outcomes, for persons, of the provision of health services to those persons; and
(f) to establish appropriate management and administrative structures for the THS; and
(g) any other functions specified by the Secretary.
29
Liability
29 Liability
(1) A person who is, or constitutes, the Executive does not incur any personal liability in respect of any act done, or omitted to be done, in good faith, in the performance or exercise, or the purported performance or exercise, of any function or power of the Executive under this Act.
(2) Subsection (1) does not preclude the Crown or the THS from incurring liability that a person would, but for that subsection, incur.
30
Annual report
30 Annual report
(1) The Executive is to cause to be prepared, and to submit to the Secretary before 30 September in a year, a report (an annual report) in relation to the previous financial year.
(2) The annual report in relation to a financial year is to include –
(a) the financial statements of the THS for the financial year; and
(b) a copy of the Auditor-General's opinion, in relation to the financial statements, provided to the Executive under section 19 of the Audit Act 2008 ; and
(c) a report on the operations of the THS during the financial year; and
(d) a report on the performance of the THS during the financial year; and
(e) any other information that the Executive considers to be appropriate or necessary to properly inform the Parliament as to the performance and progress of the THS during the financial year.
(3) The Secretary is to submit to the Minister, before 15 October in a year, the annual report in relation to the previous financial year submitted to the Secretary under subsection (1) .
(4) The Minister is, before 31 October in a year, to table before both Houses of Parliament the annual report submitted to him or her under subsection (3) in respect of the previous financial year.
(5) If the Minister is unable to comply with subsection (4) because, after the annual report is submitted to the Minister and before 31 October in a year, a House of Parliament is not sitting, the Minister is to be taken to have complied with that subsection if the Minister –
(a) provides a copy of the annual report to the Clerk of the House of Parliament as soon as practicable after 31 October; and
(b) tables a copy of the annual report before the House of Parliament within the next 7 sitting-days of the House.
(a) any money received from the Commonwealth or the State, whether directly or through an authority established under an enactment of the Commonwealth or the State; and
(b) any money received by the THS as fees or charges; and
(c) any money otherwise received by the THS in the course of performing its functions or exercising its powers; and
(d) any money received by, or for the purposes of, the THS as a gift, donation or bequest; and
(e) any money received by the THS from any other source.
(2) The funds of the THS are to be applied –
(a) in remunerating the employees of the THS; and
(b) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the THS in the performance and exercise of the functions and powers of the THS.
32
Authorised deposit-taking institution accounts
32 Authorised deposit-taking institution accounts
The THS may, with the approval in writing of the Treasurer, open and maintain the authorised deposit-taking institution accounts that it considers necessary.
33
Accounting records
33 Accounting records
(1) The THS is to ensure that –
(a) accounting records, that correctly record and explain the transactions (including any transactions as trustee) and financial position of the THS, are kept; and
(b) those records are retained for a period of not less than 7 years after the completion of the transaction to which they relate or another longer period that the Treasurer determines by notice in writing to the THS.
(2) The Treasurer may give directions in writing to the THS in relation to the manner or form in which accounting records are to be kept.
34
Effect of Financial Agreement Act 1994
34 Effect of Financial Agreement Act 1994
If the Treasurer, under section 5(1) of the Financial Agreement Act 1994 , requires the THS to do or refrain from doing anything for the purpose of implementing the Agreement, within the meaning of that Act, the THS must comply with that requirement.
35
Notification to Secretary and Ministers of certain developments
35 Notification to Secretary and Ministers of certain developments
(1) The Executive is to notify the Secretary as soon as practical of any development that, in the opinion of the Executive, may significantly affect the financial position or operating ability of the THS.
(2) The Secretary is to notify the Minister and the Treasurer as soon as practical of any development that, in the opinion of the Secretary, may significantly affect the financial position or operating ability of the THS.
Part 5
Miscellaneous
Part 5 Miscellaneous
36
Certain instruments not statutory rules
36 Certain instruments not statutory rules
(1) The following instruments are not statutory rules within the meaning of the Rules Publication Act 1953 :
(a) a direction, notice, or instrument in writing, issued under this Act by the Secretary;
(b) a ministerial charter or service plan or an amendment of a ministerial charter or service plan.
former body corporate means the body corporate that, immediately before the commencement day, was referred to in Schedule 1 to the former Act as the Tasmanian Health Service;
governing council means the governing council, within the meaning of the former Act, of the former body corporate.
(2) A decision by the governing council, or the chief executive officer, before the commencement day is to be taken to have been made by the THS.
(3) A service agreement, within the meaning of the former Act, entered into by the Minister and the former body corporate in relation to the 2018-2019 financial year, is to be taken to be a service plan under this Act for that financial year.
(4) The financial statements, in relation to the former body corporate, that, but for the repeal of the former Act, the governing council would have been required, under section 27 of the Financial Management and Audit Act 1990 , to prepare in relation to the 2017-2018 financial year are to be prepared by a person appointed by the Minister for that purpose.
(5) The annual report, in relation to the former body corporate, that, but for the repeal of the former Act, the governing council would have been required, under section 53 of the former Act, to prepare in relation to the 2017-2018 financial year is to be prepared by a person appointed by the Minister for that purpose.
(6) Despite any provision of the State Service Act 2000 or the Financial Management and Audit Act 1990 , the Agency responsible for the administration of this Act is not required to prepare or provide, in the annual report, or the financial statements, in respect of the Agency in relation to the 2017-2018 financial year, any information or financial statements in relation to the THS.
38
Employees under former Act transferred
38 Employees under former Act transferred
A person who was, immediately before the commencement of this section, an employee within the meaning of the Tasmanian Health Organisations Act 2011 is to be taken to be a person made available under section 23 to the THS for the purposes of the THS, until the Secretary determines otherwise or the person ceases to be a State Service officer or a State Service employee, as the case may be.
39
Liabilities, &c., in respect of certain contracts
39 Liabilities, &c., in respect of certain contracts
(1) In this section –
building includes a part of a building;
building contract means a contract, made between the Crown and one or more other persons, pursuant to which one or more of the other persons has carried out, has agreed to carry out, or is carrying out, any building work that relates to a building that is –
(a) used, or occupied, wholly or in part, by the THS; or
(b) intended by the THS to be used or occupied wholly or in part by the THS –
but does not include a procurement contract;
building work means –
(a) erecting, re-erecting, constructing, altering, repairing, underpinning, demolishing or removing a building; and
(b) adding to a building; and
(c) excavating or filling incidental to an activity referred to in paragraph (a) or (b) ; and
(d) all work carried out in conjunction with work referred to in paragraph (a) , (b) or (c) , including but not limited to –
(i) work in relation to any system or service in or for a building; and
(ii) the preparation of plans and specifications; and
(iii) work carried out by an architect, engineer or building designer; and
(e) work carried out in the vicinity of a building for a purpose related to the use or occupation of that building; and
(f) any work for the maintenance of the essential building services of a building;
commencement day means the day on which this section commences;
contract includes a contract, agreement, arrangement and undertaking;
contractor means –
(a) in relation to a building contract, a person who, as a party to the contract, has carried out, or has agreed to carry out, any building work to which the contract relates; and
(b) in relation to a procurement contract, a person who, as a party to the contract, supplies, agrees to supply, or has supplied, goods, substances or services;
Crown means the Crown in right of Tasmania;
essential building services has the same meaning as it has in the Building Act 2016 ;
procurement contract means a contract, made between the Crown and one or more other persons, pursuant to which one of the other persons supplies, agrees to supply, or has supplied, to the Crown, goods, substances, or services, that are –
(a) used, wholly or in part, by the THS; or
(b) intended by the THS to be used wholly or in part by the THS –
but does not include a building contract;
relevant contract means –
(a) a building contract; or
(b) a procurement contract.
(2) This section applies to a relevant contract whether the contract is made before or after the commencement day or the day on which any other provision of this Act commences.
(3) This section does not apply to a relevant contract to which the THS is a party.
(4) Subject to subsection (7) , any loss or damage incurred or suffered by the THS arising out of –
(a) any breach or repudiation of a relevant contract by the contractor; or
(b) the termination of a relevant contract by the Crown because of the repudiation of the contract by the contractor; or
(c) the termination of a relevant contract by the Crown pursuant to the exercise of a right to terminate the contract set out in the contract; or
(d) the termination of a relevant contract pursuant to the exercise, by any other person, of a statutory power in connection with the bankruptcy or insolvency of the contractor –
is taken to be loss or damage incurred or suffered by the Crown.
(5) For the avoidance of doubt, subsection (4) applies to a breach, repudiation, or termination, of a relevant contract whether the breach, repudiation or termination occurred before or after the commencement day or the day on which any other provision of this Act commences.
(6) Without limiting subsection (4) , the Crown may exercise the same rights in relation to loss or damage referred to in that section as it may have exercised if the Crown had incurred or suffered that loss or damage instead of the THS.
(7) Subsections (4) and (6) do not apply to loss or damage, referred to in subsection (4) , arising in relation to a relevant contract, that is incurred or suffered by the THS on or after the date on which the relevant contract was transferred under the Tasmanian Health Organisations Act 2011 by the Crown to a Tasmanian Health Organisation within the meaning of that Act.
(8) A reference to the Crown in any indemnity or release given by a contractor to the Crown in a procurement contract is taken to also be a reference to the THS if the THS uses, or intends to use, any of the goods, substances or services that are supplied, or have been agreed to be supplied, by the contractor under the contract.
(9) A reference to the Crown, in any indemnity or release given by a contractor to the Crown in a building contract, is taken to also be a reference to the THS if the THS uses or occupies, or intends to use or occupy, any building in respect of which the contractor has carried out, or has agreed to carry out, any building work.
40
Application of certain occupation agreements
40 Application of certain occupation agreements
(1) In this section –
Crown means the Crown in right of Tasmania;
occupation agreement means a lease, an agreement for a lease, a licence, or a tenancy agreement, under which the Crown occupies, or has the right to occupy, any premises owned by another person.
(2) This section applies to an occupation agreement whether it is made before or after the commencement of this section or the date on which any other provision of this Act commences.
(3) This section does not apply to an occupation agreement in respect of any period after the day on which, under the Tasmanian Health Organisations Act 2011 , the occupation agreement was transferred to a Tasmanian Health Organisation within the meaning of that Act.
(4) If the THS uses or occupies any premises to which an occupation agreement relates, the THS is taken to be a part of the Crown for the purposes of that occupation agreement.
41
Regulations
41 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , the regulations may prescribe fees that may be charged by the THS.
(3) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstances or otherwise, specified in the regulations.
(4) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Secretary, the Minister or the Treasurer.
(5) The regulations may –
(a) provide for savings or transitional matters necessary or expedient for bringing this Act into operation; or
(b) provide for any of those savings or transitional matters to take effect on the day on which this section commences or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; or
(c) make provision consequent on, or for furthering the purposes of, the National Health Reform Agreement between the Commonwealth and the States that was agreed to by the Council of Australian Governments on 2 August 2011, as that Agreement is amended, or substituted, from time to time.
(6) A provision referred to in subsection (5) may take effect on and from 1 July 2018 or on and from a later day, including a day before the notification of the provision in the Gazette.
(7) To the extent to which a provision referred to in subsection (6) takes effect from a day that is before the notification of the provision in the Gazette, the provision does not operate so as –
(a) to affect, in a manner prejudicial to any person (other than the State, the THS or an authority of the State), the rights of that person existing before the notification; or
(b) to impose liabilities on any person (other than the State, the THS or an authority of the State) in respect of anything done or omitted to be done before the notification.
(a) is to be appointed for the period that the Secretary thinks fit; and
(b) may be removed from office by the Secretary by notice in writing addressed and delivered to that member; and
(c) may at any time resign his or her office by notice in writing addressed and delivered to the Secretary.
(2) The terms and conditions of office of a member of an advisory panel, with respect to matters not provided for in this section, are as determined by the Secretary.
2. Meeting of advisory panels
(1) Meetings of an advisory panel may be convened by the Secretary or by the chairperson of the advisory panel.
(2) Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of an advisory panel is to be determined by the advisory panel.
| Tasmanian Health Organisations Act 2011 (No. 51 of 2011) |
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Tasmanian Health Service Act 2018 .
2 Commencement
2 Commencement
The provisions of this Act commence on a day or days to be proclaimed.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
advisory panel means an advisory panel established under section 13(1) ;
employee, in relation to the THS, means a person who is, under section 23 , made available to the THS for the purposes of the THS;
Executive means the Executive appointed under section 26(1) ;
function includes duty;
health institution means an institution (other than a hospital) by or at which health services or health support services are provided;
health service means any of the following:
(a) a hospital service;
(b) a medical service;
(c) a paramedical service;
(d) a community health service;
(e) the supply or fitting of any prosthesis or therapeutic device;
(f) any other service (including any service of a class, or description, that is prescribed) relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in, or injury to, persons –
but does not include a service prescribed to not be a health service;
means a service that is provided in aid or support of a health service and includes, but is not limited to including, the following:
establishes an Executive, drawn from State Service employees appointed by the Secretary, responsible to the Secretary for administration, performance and compliance of the THS (s 26-29); members hold office in conjunction with State Service employment and the Secretary may terminate appointments (s 26(1)-(4));
defines the THS's functions and powers (s 16-19) and sets express limitations on a list of commercial and corporate powers that require Minister and Treasurer approval or Minister-only approval, including creation of subsidiaries, real property transactions, investments, overdrafts, indemnities, charging fees (outside prescribed contexts), and providing services outside Tasmania (s 20(1)-(4));
imposes financial management obligations: funds composition (s 31), accounting records and retention (s 33), Treasurer-authorised bank accounts (s 32) and annual reporting requirements including Auditor-General opinion and tabling deadlines (s 30);
provides transitional and savings provisions for transfer of decisions, contracts and employees from the former structure (s 37-39), and treats certain loss/damage under building or procurement contracts as loss of the Crown (s 39(4)-(6)); and
creates advisory panels (s 13) and confidentiality and liability protections for contributors (s 14), while excluding many instruments from the statutory-rule regime (s 36).
Taken together, the Act centralises strategic control and budgeting via the Secretary and Minister through the service-plan and charter processes, reserves a defined set of significant financial and corporate decisions to Minister/Treasurer approvals, retains the THS as a Crown body corporate, and preserves auditing, annual reporting and record-keeping obligations. The Act commences by proclamation (s 2).
Main concepts
The Act is built around a small set of core legal constructs that structure governance, accountability and operational limits for Tasmania's public health delivery:
Tasmanian Health Service (THS). Continued as a Crown body corporate (s 15). The THS's primary statutory purposes are promotion and maintenance of health in Tasmania and provision of care to persons in Tasmania (s 16(1)). The THS must not operate for the purpose of financial gain (s 16(3)). The THS has defined functions including delivering services required by the service plan, managing public hospitals and related facilities under its control, procuring and overseeing services it purchases, training, research, data collection and any other functions conferred by law (s 17).
Ministerial charter. A written instrument, signed by the Minister, stating broad policy expectations for the Secretary and the THS (s 4(1)-(4)). The charter may be amended or revoked by the Minister (s 4(5)). It expressly may not extend or limit statutory functions or prevent exercise/performance of statutory powers (s 4(3)(a)-(b)). The THS and Secretary must act consistently with the charter (s 6(1)-(2)), but the service plan prevails over the charter to the extent of any inconsistency within a financial year (s 6(3)).
Service plan. A centrally important annual instrument prepared by the Secretary after consultation with the THS, provided to the Minister before 1 June and approved by the Minister before 30 June to govern the following financial year (s 9(1)-(4), (6)). A service plan must set out scheduled services and estimated funding, performance standards/targets/measures, patient-care standards, reporting requirements and a continuous performance-management process (s 10(1)). The service plan may include provisions limiting THS functions or specifying how functions are to be exercised (s 10(2)), but cannot prevent statutory compliance or extend THS powers (s 10(3)). The Secretary may propose amendments; the Minister approves amendments, which take effect on notice to the Executive (s 11).
Secretary. Responsible to the Minister for performance of the THS and the Executive (s 7). The Secretary has explicit functions of planning long-term delivery and infrastructure, preparing the service plan, monitoring delivery against the service plan, ensuring Executive performance and creating engagement mechanisms including advisory panels (s 8).
Executive. Appointed by the Secretary from State Service employees, takes responsibility for administration and management of the THS, performance of its functions and compliance with directions (s 26-28). The Executive reports to the Secretary and must prepare an annual report including financial statements and Auditor-General opinion (s 30).
Limits on THS powers and approvals. Section 20 lists significant financial and corporate powers that THS may exercise only with Minister and Treasurer approval (eg, overdrafts, real property dealings, investments, creating subsidiaries, indemnities, registering companies or trusts, providing services outside Tasmania) (s 20(1)-(2)). A second list of actions requires Ministerial approval only (eg, charging fees other than as prescribed, waiving fees, entering agreements with non‑Tasmanian governments or agencies) (s 20(3)-(4)). The THS is prohibited from making political donations (s 20(5)). Funds must be used only to perform its functions or exercise its powers (s 20(6)).
Advisory panels. Secretary may establish panels (s 13), which advise Secretary or Executive as requested. Schedule 1 governs membership, tenure, removal, meetings and procedure. Contributors to panels are protected from professional discipline or civil/criminal liability for providing information in good faith, and panel members are bound by confidentiality limits (s 14).
Financial and accountability rules. Accounting records must correctly record transactions and be retained for at least seven years or longer if Treasurer requires (s 33). Annual report timelines and Auditor-General involvement are prescribed (s 30). Regulations may prescribe fees and can authorise matters to be determined by Minister, Treasurer or Secretary (s 41).
Interaction with Crown contracts and liabilities. The Act treats certain losses under building or procurement contracts as losses of the Crown, even if suffered by the THS (s 39(4)-(6)); indemnities or releases given to the Crown under building/procurement contracts are taken to include the THS where it uses the goods, services or buildings (s 39(8)-(9)). The Act also applies to occupation agreements where the Crown occupies third-party premises and the THS uses those premises (s 40).
These concepts structure a hierarchy of direction: Minister sets broad policy via charter, the Secretary translates and enforces policy and operational plans via the service plan and directions, and the Executive implements and reports. Financial and corporate autonomy is materially constrained by prior approval requirements (s 20), reporting duties (s 30), audit (s 30(2)), and Treasurer-specified accounting practice (s 33(2)). Instruments such as directions and service plans are expressly excluded from being statutory rules under the Rules Publication Act 1953 (s 36), although they must be tabled in Parliament (s 4(6), s 9(7), s 11(7)).
Who it affects
The Act's legal actors and externally impacted parties are identifiable from the text; identify who pays, who decides, and who is required to act.
Primary internal actors
Tasmanian Health Service (THS): the corporate entity that provides public hospital services, community health services and related health support services (s 15-17). THS staff, operations, property holdings and contracts are directly affected.
Secretary of the Department: central executive actor responsible for planning, service-plan preparation, monitoring THS performance, giving directions and appointing Executive members (s 7-9, s 12, s 26).
Executive: appointed State Service employees who manage the THS day-to-day and report to the Secretary; they are responsible for administration, financial and operational performance, and compliance with directions (s 26-28).
Minister and Treasurer: decision-makers who must issue the ministerial charter and jointly approve a specified list of THS powers (s 4, s 20(1)-(2)); the Minister may alone approve a secondary list of matters (s 20(3)-(4)). The Minister lays charters and service plans before Parliament (s 4(6), s 9(7)).
State Service personnel and employees
State Service officers/employees: employees of the Department may be made available to the THS (s 23); Executive members are State Service employees (s 26(2)). The Act preserves transfer and continuation of former employees until Secretary determines otherwise (s 38).
Third parties who contract with or supply the THS
Contractors to the Crown under building and procurement contracts: the Act treats certain losses under such contracts as loss of the Crown when they affect the THS (s 39(4)-(6)). Contractors who give indemnities or releases to the Crown should expect those references to extend to the THS where the THS uses the goods/services or occupies the building (s 39(8)-(9)). Occupiers and licensor relationships with premises the Crown occupies are affected if THS uses the premises (s 40).
Service users, community and volunteers
Patients and community members: the Act prescribes standards of patient care and performance reporting in the service-plan content (s 10(1)(c)-(d)), and places requirements on THS to monitor outcomes for persons receiving services (s 28(e)).
Volunteers: THS may make use of volunteer services (s 24); the Act does not set volunteer obligations but includes general confidentiality and liability protections for advisory-panel contributors (s 14).
Other government entities and external funders
Commonwealth and other governments: THS is intended to function as a local hospital network for the purposes of the National Health Reform Agreement (s 25), and THS may only enter agreements with non-Tasmanian governments or agencies with Ministerial approval (s 20(3)(c)). Money from the Commonwealth or State forms part of THS funds (s 31(1)(a)).
Treasurer and Auditor-General: the Treasurer controls account approvals and may direct accounting forms and retention periods (s 32-33); Auditor-General involvement is required in annual report materials (s 30(2)).
Advisory panels and contributors
Advisory panel members and persons who provide information to panels: members are appointed and removable by the Secretary (Schedule 1) and contributors receive protection from professional sanction and liability for information provided in good faith, subject to confidentiality rules (s 13-14).
Parliament and public oversight
Parliament: the Minister must lay ministerial charters, service plans and amendments before each House within 10 sitting-days after signing (s 4(6), s 9(7), s 11(7)); annual reports are to be tabled (s 30(3)-(4)).
Who pays and who is at risk
The State funds THS operations (s 31(1)(a)); THS can also receive fees, donations, grants and other money (s 31(1)(b)-(e)), but is prohibited from using funds other than for performance of functions (s 20(6)). The Crown is exposed to loss allocation mechanics under building/procurement contract provisions (s 39).
Who decides
Strategic policy: Minister via charter (s 4).
Operational planning and monitoring: Secretary via service plan and directions (s 8-12).
Operational management and reporting: Executive (s 27-30).
Major financial and corporate transactions: require Minister/Treasurer approval per s 20.
The Act thereby concentrates formal decision rights over strategy and large financial transactions in Minister/Treasurer/Secretary hands, assigns operational responsibility to Executive, and creates statutory levers affecting private contractors and suppliers through contract-loss allocation and indemnity interpretation.
Key duties and rights
This section sets out the principal statutory obligations imposed by the Act and the principal legal capacities and protections it creates.
Key duties imposed by the Act
Minister: must issue a written ministerial charter specifying broad policy expectations (s 4(1)-(2)) and must lay a copy of the charter and any amendments before each House of Parliament within 10 sitting-days of signing (s 4(6)). The Minister must approve service plans and amendments within prescribed timeframes and lay approved plans before Parliament (s 9(2)-(4), s 11(6)-(7), s 9(7)).
Secretary: has duties of planning for long-term delivery, infrastructure planning, preparing the service plan for Minister approval, monitoring THS delivery against the service plan, ensuring Executive performance, and establishing consultation mechanisms including advisory panels (s 8(a)-(e)). The Secretary must provide copies of charters and service plans to the Executive as required (s 5(1), s 9(6)).
THS: must conduct its business consistent with the ministerial charter (s 6(1)), provide the services and health support services required under the service plan and to the standards and within the budget set out in the plan (s 17(b)), and comply with any directions of the Secretary given under this or any other Act (s 22). THS must also comply with record-keeping and funds-application duties (s 31-33).
Executive: must administer and manage the THS, perform functions and exercise powers of the THS, ensure services required by the service plan are provided to standards and within budget, and manage and report on administration and financial performance to the Secretary (s 27-28).
Accounting and reporting obligations: the Executive must prepare and submit an annual report to the Secretary by 30 September, which must include financial statements and a copy of the Auditor-General's opinion, report on operations and performance and any other appropriate information (s 30(1)-(2)). The Secretary must submit that annual report to the Minister by 15 October and the Minister must table it by 31 October (s 30(3)-(4)).
Rights, capacities and protections created by the Act
THS corporate capacities: THS may acquire, hold, dispose of property; enter into contracts (other than employment contracts); receive gifts and bequests; manage trusts; participate in partnerships, trusts and joint ventures; charge and waive fees; and do all things necessary or convenient to perform its functions (s 19(a)-(h)). These capacities are subject to the approval limitations in s 20.
Delegation: THS may delegate functions and powers to a person or class of persons by instrument in writing, except the power of delegation itself (s 21).
Executive immunity: members of the Executive do not incur personal liability for acts done or omitted in good faith in performance or purported performance of Executive functions (s 29(1)); this does not stop the Crown or THS from incurring liability (s 29(2)).
Protections for advisory-panel contributors: persons who provide information to advisory panels cannot be held to have breached professional etiquette or codes, and do not incur civil or criminal liability to the extent they acted in good faith (s 14(2)(a)-(b)).
Procedural safeguards on directions re individuals: directions given by the Secretary cannot refer to the health care or services provided to a particular person unless the Secretary has received written advice from a medical practitioner stating necessity for the person's health and the direction is in accordance with that advice (s 12(4)(a)-(b)).
Limits and constraints: duties that restrict rights
Servicing restrictions and override rules: even though the Minister issues a charter, the service plan prevails over a ministerial charter in relation to a financial year to the extent of inconsistency (s 6(3)); a direction by the Secretary can limit but not prevent statutory functions (s 12(2)); service plans may contain limiting provisions (s 10(2)) but cannot prevent compliance with laws or extend functions and powers (s 10(3)).
Financial and corporate approvals: a significant set of powers may only be exercised with approval of Minister and Treasurer or Minister alone (s 20(1)-(4)). The THS is forbidden from making political donations (s 20(5)) and must use funds only for performance of functions or exercise of powers (s 20(6)).
Accounting and retention responsibilities: accounting records must correctly record transactions and be retained for at least seven years or longer if the Treasurer directs (s 33(1)-(2)). The Treasurer may also specify forms for keeping accounts (s 33(2)).
Together these duties and rights create a structure where operational autonomy exists within budgets and service-plan constraints, with statutory safeguards for specific categories of decisions and statutory immunities for Executive members acting in good faith.
Penalties and enforcement
The Act does not create an extensive catalogue of express criminal offences or monetary penalties within the supplied text. Instead, the Act relies on administrative levers, approval gates and civil-liability allocation mechanisms to enforce compliance and allocate risk.
Enforcement mechanisms and administrative sanctions
Directions and compliance obligations: the Secretary has the power to give written directions to the THS in relation to performance of functions or exercise of powers (s 12(1)). Those directions may limit performance or exercise of functions (s 12(2)(a)), but they may not prevent statutory functions required under this or any other Act or extend THS powers (s 12(2)). The THS must comply with directions of the Secretary given under this or any other Act (s 22). Failure by the Executive to take reasonable steps to ensure compliance with Secretary directions or other statutory requirements is a ground on which the Secretary may terminate an Executive appointment (s 26(3)-(4)). This is an administrative enforcement path rather than a penal sanction.
Minister/Treasurer approvals as control points: s 20 creates positive constraints by requiring Minister and Treasurer approval before execution of certain financial and corporate actions. Denial of approval constrains THS behaviour. The Act does not list a statutory penalty for acting without such approval, but exercising powers outside approved terms would bring the THS into potential breach of statute and trigger administrative remedy, scrutiny and possibly civil consequences in relation to invalid actions.
Financial oversight and audit: the annual-reporting regime (s 30), the requirement for inclusion of an Auditor-General's opinion in financial statements (s 30(2)(b)), and Treasurer directions about accounting (s 33(2)) create oversight mechanisms that can reveal non‑compliance and trigger political, administrative and statutory consequences. The Auditor-General's statutory powers lie outside this Act and in the Audit Act 2008, which is cross-referenced (s 30(2)).
Civil risk allocation and liability treatment
Crown treatment of certain contract losses: the Act takes any loss or damage incurred by the THS arising from breach, repudiation or certain terminations of building or procurement contracts to be loss or damage incurred by the Crown (s 39(4)). The Crown may exercise the same rights as if it had incurred the loss (s 39(6)). This is not a criminal penalty but a transfer of loss allocation and civil rights that impacts contractors' remedies and the THS's recourse.
Executive immunity: members of the Executive are protected from personal liability for acts done in good faith in the performance or purported performance of functions (s 29(1)). This reduces the personal litigation risk of Executive members but leaves the Crown/THS civil liability intact (s 29(2)).
Prohibitions and limits with compliance implications
Political donations: the THS does not have the power to make a political donation (s 20(5)). The Act does not specify a penalty in this text, but the prohibition is absolute and any attempt to donate would be ultra vires and potentially give rise to invalid transactions and subsequent administrative action.
Use of funds: the THS must not use its funds other than for the performance of its functions or exercise of its powers (s 20(6)). Misapplication of funds potentially triggers administrative, civil and audit consequences, although the Act itself does not prescribe a specific penal regime.
Limitations in parliamentary regulation and review
Instruments not statutory rules: directions and ministerial charters/service plans are excluded from the statutory‑rule regime (s 36(1)-(2)) and so are not subject to the same publication and parliamentary disallowance procedures as statutory rules. However, the Act requires tabling of charters and service plans in Parliament (s 4(6), s 9(7), s 11(7)) which preserves a degree of parliamentary oversight. The exclusion reduces the scope for standard regulatory judicial review of subordinate instruments characterised as statutory rules.
Absence of express penal provisions
The Act contains few express penalties in the supplied text. Apart from prohibitions that create ultra vires risk (eg, s 20(5) political donations) and confidentiality obligations on advisory-panel members (s 14(3)), the Act relies on administrative remedies, ministerial/Secretary control, audit, and civil liability allocation rather than internal fines or criminal sanctions. Where the Act cross-references other legislation (eg, Audit Act 2008, State Service Act 2000), separate penalty regimes in those statutes may apply to misconduct or breaches that fall within their scope (s 30(2), s 30(6)).
Overall, enforcement is implemented by centralised administrative controls (directions, approvals, reporting), audit and civil allocation of contract risk to the Crown rather than a suite of statutory criminal penalties found in other regulatory regimes.
How it interacts with other laws
The Act expressly cross-references and displaces elements of other Tasmanian and national legislation. The interaction clauses create compliance obligations flowing from other statutes and allocate liabilities across Crown and THS.
Repeal and transitional interaction
Repeal of the former Act: the Act repeals the Tasmanian Health Organisations Act 2011 (s 43, Schedule 2). It continues the THS established under the former Act as a body corporate of the same name (s 15(1)). Transitional and savings provisions in s 37-39 address transfer of decisions, service agreements, financial statements, annual reports and the status of former employees, with specific appointment powers for the Minister to have certain former duties carried out by appointed persons (s 37(2)-(5)).
Cross-references to audit, financial management and State Service regimes
Audit Act 2008: the annual report must include a copy of the Auditor‑General's opinion in relation to financial statements provided under s 19 of the Audit Act 2008 (s 30(2)(b)). This draws THS accounts into the Auditor‑General’s review powers.
Financial Management and Audit Act 1990 and State Service Act 2000: transitional provisions explicitly suspend some obligations or allocate preparation responsibilities outside the usual agency annual-reporting framework for the 2017-2018 year (s 37(4)-(6)). Section 30(6) states s 36 of the State Service Act 2000 does not apply in respect of the THS (s 30(6)).
Financial Agreement Act 1994: if the Treasurer requires the THS to do or refrain from doing anything under s 5(1) of the Financial Agreement Act 1994 to implement the Agreement, the THS must comply (s 34). This links Commonwealth‑State financial agreements to permissible THS action.
National health and practitioner law
Health Practitioner Regulation National Law (Tasmania): the term 'health practitioner' is referenced in the definition of medical service (s 3), tying professional classifications and regulatory obligations to the national registration framework.
National Health Reform Agreement: the Act intends the THS to be a local hospital network under the National Health Reform Agreement (s 25). The regulations may also make provisions consequent on or for furthering that Agreement (s 41(5)(c)), signalling an intent for coordinating state-level arrangements with Commonwealth funding and standards.
Building, procurement and Crown contract regimes
Building Act 2016: the Act uses the Building Act's definition of 'essential building services' when defining building work (s 39(1)). Section 39 applies to relevant building and procurement contracts between the Crown and others, specifying that certain losses of the THS will be treated as losses of the Crown and that indemnities to the Crown can be read to include the THS in certain circumstances (s 39(4)-(9)). This changes risk allocation under procurement/building law and Crown-contracting practice.
Rules Publication Act and Acts Interpretation Act
Section 36 excludes certain instruments (directions, ministerial charters and service plans) from the meaning of 'statutory rules' under the Rules Publication Act 1953 (s 36(1)). It further provides that such instruments are not to be taken to be instruments of a legislative character for the purposes of s 38A of the Acts Interpretation Act 1931 (s 36(2)), limiting certain legislative‑character consequences and judicial and parliamentary mechanisms that apply to other subordinate instruments.
Administrative Arrangements Act
Administration: until an Administrative Arrangements order says otherwise, administration of the Act is assigned to the Minister for Health and the Department of Health and Human Services (s 42). This interacts with the Administrative Arrangements Act 1990 and usual machinery for departmental responsibility.
Other statutory interactions
Regulations under the Act are broad and can prescribe fees, apply differentially by time or circumstances, authorise Secretary/Minister/Treasurer determinations, and make transitional savings; they may also take effect from 1 July 2018 or earlier than Gazette notification subject to protections for persons other than the State/THS (s 41(1)-(7)). This creates potential for regulatory layering with existing fee and service frameworks.
Net effect
The Act operates as a coordinating statute that embeds THS governance within existing State financial, administrative and audit regimes, aligns THS function with Commonwealth agreements where relevant, adjusts Crown contract risk allocation for health-related building and procurement contracts, and limits the application of the statutory‑rule regime to principal governance instruments while preserving parliamentary tabling obligations. Practitioners should therefore consider compliance not solely under this Act but across the Audit Act, Financial Agreement Act, Building Act, State Service legislation and national health practitioner law when advising THS, contractors or suppliers.
Amendment history
The supplied text does not include a legislative amendment schedule, amendment dates or a consolidated editorial note of changes subsequent to the Act's original passage. What the text does explicitly record and require is:
Repeal of the Tasmanian Health Organisations Act 2011: Schedule 2 lists the 2011 Act as repealed (s 43; Schedule 2). The Act carries transitional and savings provisions to address the repeal and the handover of liabilities, contracts and employees (s 37-39).
Commencement: the Act's provisions commence on a day or days to be proclaimed (s 2), so operational sequencing depends on proclamation and any regulations made under s 41 that may take effect from 1 July 2018 or a later day (s 41(6)).
Delegation of administrative responsibility: s 42 assigns administration to the Minister for Health and the Department of Health and Human Services until an Administrative Arrangements Act order provides otherwise; such an order is the routine mechanism to reassign administration when the government changes departments or Ministers.
Regulations and adaptative timing: s 41(5)-(7) provides for regulations that implement transitional arrangements, including retroactive commencement to 1 July 2018 where necessary, subject to protections against prejudicial effect to private persons.
Because the supplied text is self-contained and lacks a statutory notes section summarising later amendments, you must consult the official Parliament or legislation register to obtain a current amendment history, commencement dates, and any later modifications. The Act itself specifically contemplates regulation-making and subsequent ministerial amendments of charters and service plans (s 4(5), s 11), so practical change to operation and governance can occur by administrative instruments within the parameters set by the Act.
If advising clients or preparing compliance briefs, confirm whether the Act has been amended since the version supplied and check for:
commencement proclamations under s 2;
regulations made under s 41, including fee schedules and any directions by the Treasurer about accounting records (s 33(2));
ministerial charters or service plans that have been made, amended or revoked and tabled in Parliament (s 4(6), s 9(7), s 11(7));
Administrative Arrangements orders assigning administration of the Act (s 42).
The Act anticipates dynamic administrative change through subordinate instruments rather than frequent text amendments, so the most operationally consequential updates are likely to appear in ministerial charters, approved service plans, directions and regulations rather than in frequent formal amendments to the primary Act itself.
Litigation history
The supplied Act text does not record or reference any judicial decisions, challenges, or litigation history. It does not name any cases.
Given the nature of the provisions, likely litigation vectors (based on the statutory structure) but not present in the text include civil claims about:
validity of actions taken by the THS without required Minister/Treasurer approval under s 20;
the lawfulness of Secretary directions under s 12 and any alleged ultra vires directions;
contract disputes where s 39 changes the allocation of loss or the Crown’s rights in relation to building and procurement contracts;
disputes concerning confidentiality obligations under s 14 or misuse of advisory panel material.
However, because no cases are named in the provided text, there is no litigation history to report from the source document. Practitioners seeking precedent should search Tasmanian and federal judicial databases for cases addressing s 20 approvals, s 12 directions, s 39 procurement/building consequences, or the interplay of service plans and ministerial charters.
Gotchas
The Act contains several provisions where operational practice can diverge from initial expectations; these are practical 'gotchas',concrete points to watch when advising or operating under the Act.
Service plan supremacy over charter for a financial year
Although the ministerial charter sets the Minister's broad policy expectations (s 4(2)), s 6(3) expressly provides that where the ministerial charter and the service plan in relation to a financial year are inconsistent, the service plan prevails for that year. Practically, this means THS managers should prioritise the service plan's operational and budgetary directives when a tension exists, not the charter, despite the charter being issued by the Minister.
Service plan may limit THS functions but cannot override statutory duties
A service plan may include provisions that limit functions or specify how they are to be exercised (s 10(2)). However s 10(3)(a) prevents a service plan from preventing the THS from performing functions it must perform under any Act or from otherwise complying with any Act. This creates a boundary: a service plan can constrain discretionary activities but cannot lawfully displace statutory obligations. Operational decision-makers need a careful reading to ensure that any service-plan limitation does not conflict with statutory obligations.
Approval gates for significant transactions
Section 20 creates multiple approval requirements. For example, any acquisition, disposal or encumbrance of real property; investments; creation of subsidiaries; pledges or guarantees; registration of companies or trusts; and providing services outside Tasmania require joint Minister and Treasurer approval (s 20(1)-(2)). Charging fees other than as prescribed, waiving fees, and entering agreements with non-Tasmanian governments/agencies require Minister approval (s 20(3)-(4)). Failure to obtain required approvals risks ultra vires action; administrators should build approval timelines into project schedules.
Non-statutory nature of certain instruments
Directions, ministerial charters, service plans and their amendments are not statutory rules within the meaning of the Rules Publication Act 1953 and are not to be taken as instruments of a legislative character for the purposes of the Acts Interpretation Act 1931 (s 36(1)-(2)). This reduces formalised parliamentary disallowance mechanisms and the publication framework typically attached to subordinate legislation, even though charters and service plans must be laid before Parliament (s 4(6), s 9(7), s 11(7)). Legal advisers should not assume the same procedural formalities or scope of judicial review applicable to statutory rules apply to these instruments.
Contractual risk reallocation to the Crown
Section 39 takes a wide approach to treating losses under building or procurement contracts as losses of the Crown where the THS incurs them (s 39(4)). It also treats Crown indemnities or releases to include the THS where the THS uses supplied goods/services or occupies buildings (s 39(8)-(9)). Contractors and their lawyers must check whether existing indemnities remain bilateral with the Crown but have practical effect as extending to THS interests. From the THS's perspective, some commercial losses may be recoverable from the Crown; for contractors, the practical effect may be to increase exposure to Crown-centric remedies.
Executive appointments and removal power
Executive members are State Service employees and can have their appointment to the Executive terminated by the Secretary (s 26(1)-(3)). Termination can occur if the Secretary is satisfied the person failed to take reasonable steps to ensure THS compliance with a direction or statutory requirement (s 26(4)). This creates a direct link between compliance risk and appointment security for senior managers.
Use of funds and political donations ban
THS may charge fees and waive them (s 19(g)), but charging fees other than as prescribed and waiving fees are subject to Minister approval (s 20(3)). THS is prohibited from making political donations (s 20(5)). Financial officers must ensure fee-setting and waiver decisions comply with any regulatory fee prescriptions and approval processes.
Confidentiality and liability protections for advisory-panel contributors
Persons providing information to advisory panels receive legal protection from professional sanction and civil/criminal liability for good faith disclosures (s 14(2)(a)-(b)); however panel members must not record, divulge or use identifying information except for necessary performance or in prescribed circumstances (s 14(3)). Practically, this requires clear protocols for advisory-panel record-keeping and data handling.
Accounting record retention and Treasurer discretion
Accounting records must be kept and retained for at least seven years unless the Treasurer directs a longer period (s 33(1)-(2)). The Treasurer can also direct the manner and form in which accounting records are to be kept (s 33(2)). Operational accountants must be attentive to Treasurer directions and any changes on record-retention policies.
Direction constraints in respect of particular persons
Secretary directions may not refer to health care for a particular person unless supported by written medical advice stating the action is necessary for the person's health and the direction accords with that advice (s 12(4)). This imposes a procedural safeguard for individual clinical decisions but also imposes an evidentiary step that administrators must satisfy before issuing person‑specific operational directions.
Transitional quirks
The Act disapplies certain usual agency reporting obligations for the transitional 2017-2018 year and delegates some preparation duties to persons appointed by the Minister (s 37(4)-(5)). Practitioners dealing with financial reporting should check which reporting obligations were applied or suspended for transitional years.
Collectively, these provisions create multiple administrative choke points and procedural complexity. Operational managers must integrate statutory approval processes into project timelines, align service-plan provisions with statutory duties, and design governance that tracks Secretary directions and Treasurer accounting directives.
How to comply
Compliance under the Act requires integrating statutory timelines, approval processes, reporting regimes, and record-keeping into THS governance, contract management and operational procedures. Below are practical, source-grounded steps for compliance, organised by function.
Governance and planning
Service-plan calendar: ensure the Secretary prepares a proposed service plan after consultation with the THS and provides it to the Minister before 1 June (s 9(1)). Build in time for Ministerial review and possible requests for alteration (s 9(2)-(3)) so approval can be secured before 30 June (s 9(4)). When planning, confirm that service-plan content covers the schedule of services and funding, performance standards and targets, patient-care standards, reporting requirements and continuous performance management (s 10(1)(a)-(e)).
Charter consistency: obtain a copy of the ministerial charter and confirm that THS policies and operations are consistent with the charter (s 6(1)-(2)). When conflicts arise, document the inconsistency and apply the service plan where it prevails for the financial year (s 6(3)).
Secretary directions and Executive responsibilities
Direction compliance system: implement a centralised register for Secretary directions and any directions under other Acts, with responsible officers assigned and timelines for compliance, since the THS must comply with Secretary directions (s 22) and the Secretary can give directions about THS performance (s 12(1)). Track person‑specific direction requirements: obtain written medical practitioner advice where a direction would touch the health care of a particular person (s 12(4)(a)-(b)).
Executive accountability: clarify Executive duties in local governance instruments to ensure they administer, manage and report on THS performance and that they run continuous performance management as required by the service plan (s 27-28).
Financial controls and approvals
Approval map: catalogue proposed THS transactions against s 20 to identify actions requiring (a) joint Minister and Treasurer approval (overdrafts, real property dealings, investments, pledges, subsidiaries, indemnities, charitable donations, company/trust registration, services outside Tasmania) (s 20(1)-(2)); and (b) Minister approval (charging fees not prescribed, waiving fees, entering agreements with other governments/agencies) (s 20(3)-(4)). For each item, prepare approval briefs well in advance and include any terms/conditions required by the Minister or Treasurer.
Fee regulation compliance: monitor whether fees are prescribed under regulations; if fees are not prescribed, seek Minister approval before charging or waiving fees (s 20(3)(a)-(b), s 41(2)).
Fund-use controls: implement internal controls to ensure THS funds are applied only for permitted functions and powers (s 20(6), s 31(2)). Track and reconcile funds received from Commonwealth or State sources, fees, gifts and other sources (s 31(1)(a)-(e)).
Accounting, records and audit
Accounting records and retention: ensure accounting records are complete, accurate and retained for not less than seven years after the relevant transaction; monitor notices from the Treasurer that may set longer retention periods or form requirements (s 33(1)-(2)). Respond promptly to any Treasurer directions about manner or form of record-keeping.
Annual report process: schedule and resource preparation of the annual report so the Executive can submit it to the Secretary before 30 September and the Secretary can submit to the Minister by 15 October (s 30(1), (3)). Ensure financial statements include the Auditor-General's opinion (s 30(2)(a)-(b)) and anticipate tabling by the Minister before 31 October (s 30(4)).
Audit liaison: maintain open lines with the Auditor-General's office and provide necessary records to enable the required opinion under the Audit Act 2008 (s 30(2)(b)).
Contract and procurement management
Contract drafting and indemnities: when entering procurement or building contracts with the Crown that relate to THS use, ensure contract terms and indemnities are carefully drafted with s 39 in mind. Be aware that certain losses incurred by the THS under relevant contracts are treated as losses of the Crown (s 39(4)) and that references to the Crown in indemnities or releases may be read to include the THS if the THS uses goods or occupies buildings (s 39(8)-(9)). Contractors should consider whether their indemnities to the Crown will expose them to THS interests.
Occupation agreements: if THS intends to use premises under a Crown occupation agreement, note that THS will be taken to be part of the Crown for the purposes of that agreement if the THS uses the premises (s 40(4)). Check occupancy rights, liabilities and insurances accordingly.
Advisory panels and confidentiality
Advisory-panel procedures: when establishing or participating in advisory panels, appoint members under Schedule 1 procedures, issue written terms of reference, and ensure contributors understand their protections from professional sanction and liability when acting in good faith (s 13, s 14(2)). Implement confidentiality protocols so panel members do not record or divulge identifying information except as necessary for panel functions (s 14(3)).
Information handling: prepare training materials for advisory-panel contributors explaining the scope of the liability protection and the obligations to maintain confidentiality, and institute secure storage and limited access to panel records.
Employees and State Service relationships
Employee availability arrangements: if the THS uses State Service officers or employees, document arrangements with the Secretary under s 23. Note the transitional rule that employees under the former Act were taken to be made available to THS until the Secretary determines otherwise (s 38).
Executive appointments: ensure appointment processes for Executive members comply with s 26 and include clarity about termination grounds, including failure to take reasonable steps to ensure compliance (s 26(3)-(4)).
Regulatory compliance and Parliament
Tabling and transparency obligations: maintain records of all ministerial charters, service plans and amendments and provide copies to the Secretary and Executive when issued (s 5(1), s 9(6), s 11(6)). Be prepared for these to be tabled in Parliament within statutory timeframes (s 4(6), s 9(7), s 11(7)).
Regulations monitoring: monitor regulations made under s 41, especially those prescribing fees, differing application by time or circumstance, authorising Secretary/Minister/Treasurer determinations, or making transitional savings (s 41(2), (3), (4), (5)).
Risk management and insurance
Insurance and indemnity strategy: align insurance and indemnity arrangements with the Act's treatment of losses and Crown rights under s 39. Consider arrangements with the Crown for cost-sharing and claims procedures where building and procurement contracts are implicated.
Political-donation compliance: ensure procurement, sponsorship and grant policies prohibit political donations on behalf of the THS (s 20(5)).
Operational checklists and documentation control
Prepare an operational compliance checklist that maps each statutory obligation in the Act (service-plan deadlines, direction-response times, annual-report deadlines, record-retention years, approval thresholds) to named responsible officers, supporting documents and internal review points.
Maintain a centralised procurement register that flags whether an item requires Minister/Treasurer approval, and the state of any such approvals.
Finally, because the Act leaves scope for subordinate instruments (charters, service plans, directions and regulations) to carry substantial operational effect, compliance is an ongoing process of monitoring new charters and plans, capturing Secretary directions, and ensuring approvals are sought where statutory thresholds are met (s 4-12, s 20, s 41).
(a) the professional, technical or other education or training of persons to be employed or engaged by the THS or the Crown to provide health services;
(b) the procurement or supply, or both, of goods, substances or services to providers of health services;
(c) the planning or construction of any building or facility for use in the provision of health services;
(d) the provision of corporate services to providers of health services;
(e) a service prescribed to be a health support service;
hospital services means services provided by or on behalf of a public hospital;
medical service means a service, related to ensuring the health of a person, that is provided by –
(a) a health practitioner within the meaning of the Health Practitioner Regulation National Law (Tasmania); or
(b) a member of a class of prescribed persons;
ministerial charter means the ministerial charter that is in effect from time to time under section 5 ;
public hospital means a hospital that is under the control of the THS;
Secretary means the Secretary of the Department;
service plan means a service plan approved under section 9 ;
THS means the Tasmanian Health Service continued under section 15 and includes any subsidiary of the THS.
Part 2 Ministerial Charter
Part 2 Ministerial Charter
4 Minister to issue ministerial charter
4 Minister to issue ministerial charter
(1) The Minister must issue a ministerial charter.
(2) A ministerial charter is to specify the Minister's broad policy expectations for the Secretary and the THS.
(3) A ministerial charter –
(a) may not extend or limit the functions and powers of the THS or the Secretary; and
(b) may not prevent the performance and exercise by the THS, or the Secretary, of the functions and powers of the THS, or the Secretary, respectively.
(4) A ministerial charter is to be in writing and signed by the Minister.
(5) The Minister, in writing, signed by the Minister, may, of his or her own motion or on the request of the Secretary, amend or revoke the ministerial charter.
(6) The Minister must cause a copy of a ministerial charter, and any amendment or revocation of a ministerial charter, to be laid before each House of Parliament within 10 sitting-daysof that House after the charter, amendment or revocation, as the case may be, has been signed by the Minister.
5 When ministerial charter takes effect
5 When ministerial charter takes effect
(1) The Minister is to provide to the Secretary and the Executive a copy of the ministerial charter and of an amendment or revocation of the ministerial charter.
(2) A ministerial charter, and an amendment or revocation of a ministerial charter, take effect on a day specified in the charter, amendment or revocation, as the case may be.
(3) A day specified in a charter, amendment or revocation as the day on which the charter, amendment or revocation takes effect is to be a day that is not earlier than the day on which a copy of the charter, the amendment or the revocation is provided to the Secretary and the Executive under subsection (1) .
6 THS and Secretary to comply with ministerial charter
6 THS and Secretary to comply with ministerial charter
(1) The THS must conduct the business and affairs of the THS in a manner that is consistent with the ministerial charter.
(2) The Secretary must carry out his or her functions, and exercise his or her powers, under this Act in a manner that is consistent with the ministerial charter.
(3) If the ministerial charter and the service plan in relation to a financial year are inconsistent, the service plan prevails, for the financial year, to the extent of the inconsistency.
Part 3 Functions of Secretary
Part 3 Functions of Secretary
Division 1 General functions of Secretary
Division 1 General functions of Secretary
7 Role of Secretary
7 Role of Secretary
The Secretary is responsible to the Minister for the performance of the THS and the Executive.
8 Functions of Secretary under this Act
8 Functions of Secretary under this Act
The Secretary has the following functions under this Act:
(a) planning for the delivery by the THS, over the long term, of health services and health support services, including by planning for the provision of infrastructure;
(b) assisting the Minister to determine the health services, and the health support services, that are to be provided by the THS in a financial year by submitting for the approval of the Minister the service plan for the financial year;
(c) monitoring the delivery by the THS of health services, and health support services, in accordance with the service plan for a financial year;
(d) ensuring the performance and exercise by the Executive of the functions and powers of the Executive and the THS;
(e) ensuring that there are appropriate mechanisms, including by way of advisory panels, for consultation and engagement between the THS and persons interested in the delivery by or on behalf of the THS of health services and health support services.
Division 2 Service plans
Division 2 Service plans
9 Service plan
9 Service plan
(1) The Secretary, after consultation with the THS, is to provide to the Minister, before 1 June in a year, a proposed service plan that is to apply to the THS for the following financial year.
(2) The Minister, after receiving a proposed service plan under subsection (1) or (3) , may –
(a) approve the proposed service plan; or
(b) request the Secretary to alter the proposed service plan and provide to the Minister a further proposed service plan as so altered.
(3) The Secretary, if requested to do so by the Minister under subsection (2)(b) , may provide to the Minister a proposed service plan altered as requested.
(4) The Minister is to approve under subsection (2) , before 30 June in a year, a proposed service plan that is to apply to the THS for the following financial year.
(5) If the Minister approves a proposed service plan under subsection (2) , the service plan, as amended if at all under section 11 , applies to the THS for the following financial year.
(6) The Minister must, as soon as practicable after approving a service plan, provide a copy of the plan to the Secretary and the Executive.
(7) The Minister must cause to be laid before each House of Parliament a copy of a service plan, approved by the Minister under this section, within 10 sitting-days of that House after approving the service plan.
10 Contents of service plan
10 Contents of service plan
(1) A service plan must include –
(a) a schedule of services to be provided by or on behalf of the THS and the estimated funding to be provided in relation to the provision of those services; and
(b) performance standards, performance targets and performance measures for the THS; and
(c) standards of patient care and service delivery; and
(d) requirements for the THS to report on its performance, as required by or under another provision of this Act or otherwise; and
(e) a performance management process that is to be in continuous operation in respect of the THS.
(2) A service plan may include provisions in respect of a matter, relating to the functions or powers of the THS, that the Secretary thinks fit, including a provision that limits the functions or powers of the THS or specifies how the functions or powers of the THS are to be performed or exercised in relation to the matter.
(3) Despite subsection (2) , a provision of a service plan –
(a) may not prevent the THS from –
(i) performing or exercising a function or power that the THS must, under this or any other Act, perform or exercise; or
(ii) otherwise complying with this or any other Act; and
(b) may not extend the functions and powers of the THS.
11 Amendment of service plan
11 Amendment of service plan
(1) The Secretary, after consultation with the THS, may provide to the Minister a proposed amendment of the service plan for a financial year.
(2) The Minister, after receiving a proposed amendment of a service plan under subsection (1) or (3) , may –
(a) approve the proposed amendment of the service plan; or
(b) request the Secretary to alter the proposed amendment of the service plan and provide to the Minister a further proposed amendment of the service plan as so altered.
(3) The Secretary, if requested to do so by the Minister under subsection (2)(b) , may provide to the Minister a proposed amendment of a service plan altered as requested.
(4) If the Minister approves a proposed amendment of a service plan under subsection (2)(a) , the service plan is amended in accordance with the amendment, on and from the date on which notice of the approval of the amendment is provided to the Executive under subsection (6) .
(5) A service plan for a financial year may be amended under subsection (1) at any time before or during the financial year.
(6) The Minister, as soon as practicable after approving an amendment of a service plan, must provide a copy of the amendment to the Secretary and the Executive.
(7) The Minister must cause to be laid before each House of Parliament a copy of an amendment of a service plan, approved by the Minister under this section, within 10 sitting-days of that House after approving the amendment.
Division 3 Management of THS performance
Division 3 Management of THS performance
12 Directions
12 Directions
(1) The Secretary, by notice in writing, may give the THS directions in relation to the performance of the functions, or the exercise of the powers, of the THS.
(2) A direction given under subsection (1) to the THS –
(a) may limit the performance or exercise of the functions or powers of the THS but may not prevent the THS from –
(i) performing or exercising a function or power that the THS must, under this or any other Act, perform or exercise; or
(ii) otherwise complying with this or any other Act; and
(b) may not extend the functions and powers of the THS.
(3) If a direction given under subsection (1) and the service plan in relation to a financial year are inconsistent, the service plan prevails in relation to the financial year to the extent of the inconsistency.
(4) A direction given under subsection (1) may not refer to the health care or health services provided to a particular person unless –
(a) the Secretary has received advice, in writing, from a medical practitioner, that it is necessary for the health of the person that an action be taken, or not taken, by the THS; and
(b) the direction is in accordance with that advice.
Division 4 Advisory panels
Division 4 Advisory panels
13 Advisory panels
13 Advisory panels
(1) The Secretary may establish the advisory panels that he or she considers appropriate.
(2) An advisory panel is to consist of –
(a) the members that the Secretary considers appropriate; and
(b) a chairperson appointed by the Secretary.
(3) An advisory panel has the function of providing to the Secretary, or the Executive, the advice that the Secretary requests the advisory panel to provide to the Secretary, or the Executive, respectively.
(4) Schedule 1 has effect in relation to members of advisory panels.
14 Provision of information to advisory panels
14 Provision of information to advisory panels
(1) A person may provide information to an advisory panel.
(2) A person who provides information to an advisory panel –
(a) cannot, by virtue of providing the information, be held to have breached any code of professional etiquette or ethics, to have departed from any accepted standards of professional conduct or to have contravened any Act –
(i) in relation to which the Department is the responsible Department; or
(ii) in relation to which another department, one of the primary functions of which relates to human health, is the responsible Department; and
(b) does not, to the extent that he or she has acted in good faith, incur any civil or criminal liability in respect of providing the information.
(3) A person who is, or has been, a member of an advisory panel must not, either directly or indirectly, record, divulge or make use of information obtained by the panel that identifies, or that could reasonably be expected to lead to the identification of, the person to whom the information relates, except –
(a) to the extent necessary for the performance of the functions of that advisory panel; or
(b) in other prescribed circumstances.
Part 4 Tasmanian Health Service
Part 4 Tasmanian Health Service
Division 1 Continuance of THS
Division 1 Continuance of THS
15 Tasmanian Health Service continued
15 Tasmanian Health Service continued
(1) The Tasmanian Health Service established under the Tasmanian Health Organisations Act 2011 , as in force immediately before that Act is repealed by this Act, is, by this subsection, continued as a body corporate of the same name
This is an opening excerpt, not the complete document.