Tasmanian Health Service Act 2018
18Performance of certain functions not mandatory
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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.