12Directions

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.