HEALTH SERVICES ACT 1997 - SCHEDULE 5
HEALTH SERVICES ACT 1997 - SCHEDULE 5
SCHEDULE 5 – Provisions relating to members and procedure of health corporation boards
Part 1 - General
1 Definitions
In this Schedule--
"appointed member" means a member other than the chief executive.
"Board" means a health corporation board.
"member" means a member of a health corporation board.
"staff member" means a member referred to in section 49(2).
Part 2 - Constitution
3 Chairperson of the Board
(1) The Minister may, from time to time, appoint an appointed member to be the Chairperson of a Board.
(2) The Minister may at any time remove the Chairperson from office as Chairperson of a Board.
(3) A person who is an appointed member and Chairperson of a Board is taken to have vacated office as Chairperson if the person--(a) is removed from that office by the Minister under subclause (2), or(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be an appointed member.
3A Deputy Chairperson
(1) The Minister may, from time to time, appoint an appointed member (other than the Chairperson), by the instrument of appointment of the member or a subsequent instrument signed by the Minister, as the Deputy Chairperson of a Board.
(2) The Minister may at any time remove the Deputy Chairperson from office as Deputy Chairperson of a Board.
(3) The Deputy Chairperson may act in the office of Chairperson during the illness or absence of the Chairperson, and while so acting has and may exercise all the functions of the Chairperson and is taken to be the Chairperson.
(4) A person who is an appointed member and Deputy Chairperson of a Board is taken to have vacated office as Deputy Chairperson if the person--(a) is removed from that office by the Minister under subclause (2), or(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be an appointed member.
4 Acting members and Acting Chairperson
(1) The Minister may, from time to time, appoint a person to act in the office of a member during the illness or absence of the member, and the person, while so acting, has and may exercise all the functions of the member and is taken to be a member.
(2) The Minister may, from time to time, appoint an appointed member of a Board to act in the office of Chairperson of that Board during the illness or absence of both the Chairperson and Deputy Chairperson, and the appointed member, while so acting, has and may exercise all the functions of the Chairperson and is taken to be the Chairperson.
(3) The Minister may remove any person from any office to which the person was appointed under this clause.
(4) For the purposes of this clause--(a) a vacancy in the office of an appointed member or the Chairperson or Deputy Chairperson is taken to be an absence from office of the member, Chairperson or Deputy Chairperson (as the case may be), and(b) an appointed member is taken to be absent from office as an appointed member during any period when the member acts in the office of the chief executive pursuant to an appointment under subclause (1).
5 Terms of office
(1) Subject to this Schedule, a member holds office--(a) in the case of an appointed member (other than the staff member)--for such period (not exceeding 4 years) as may be specified in the instrument of appointment of the member, or(b) in the case of the staff member--for such period (not exceeding 4 years but not less than 2 years) as may be specified in the instrument of appointment of the member.
(2) However, any member whose term of office expires is eligible (if otherwise qualified) for re-appointment.
6 Filling of vacancy in office of member
If the office of any member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
7 Vacancy in office of member
The office of a member becomes vacant if the member--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) being an appointed member, is absent from 4 consecutive meetings of that Board of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by that Board or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by that Board for being absent from those meetings, or
(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(f) becomes a mentally incapacitated person, or
(g) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(h) being the staff member, ceases to be a member of staff of the NSW Health Service, or
(i) is removed from office by the Governor under section 52.
8 Disclosure of pecuniary interests
(1) If--(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, and(b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter,the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Board.
(2) A disclosure by a member at a meeting of the Board that the member--(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded by the Board in a book kept for the purpose and that book must be open at all reasonable hours for inspection by any person on payment of the fee determined by the Board.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines--(a) be present during any deliberation of the Board with respect to the matter, or(b) take part in any decision of the Board with respect to the matter.
(5) For the purposes of the making of a determination by the Board under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not--(a) be present during any deliberation of the Board for the purpose of making the determination, or(b) take part in the making by the Board of the determination.
(5A) A member does not have a pecuniary interest for the purposes of this clause in relation to a matter merely because the member is employed or otherwise holds an appointment at a hospital or health service that is or may be affected by the matter.
(6) A contravention of this clause does not invalidate any decision of the Board.
(7) The provisions of this clause extend to meetings of a committee of the Board.
9 Effect of certain other Acts
(2) If by or under any other Act provision is made--(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or(b) prohibiting the person from engaging in employment outside the duties of that office,that provision does not operate to disqualify the person from holding that office and also the office of an appointed member or from accepting and retaining any remuneration payable to the person under this Act as an appointed member.
(3) The office of an appointed member is, for the purposes of any Act, taken not to be an office or place of profit under the Crown.
10 Remuneration
An appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
12 No compensation for removal from office or failure to re-appoint
A member who is removed from office or not re-appointed at the end of his or her term of office is not entitled to be paid any compensation by reason of ceasing to hold office.
Part 3 - Procedure
13 General procedure
The procedure for the calling of meetings of a Board and for the conduct of business at those meetings is, subject to this Act, the regulations and any by-laws relating to that Board, to be as determined by that Board.
14 Quorum
The quorum for a meeting of the Board is a majority of its members.
15 Presiding member
(1) The presiding member for a meeting of a Board is--(a) the Chairperson, or(b) in the absence of the Chairperson, the Deputy Chairperson, or(c) in the absence of both the Chairperson and Deputy Chairperson, another member elected to preside at the meeting.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
16 Voting
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
16A Minutes
(1) The chief executive is to ensure that minutes are kept of all meetings of the Board.
(2) A motion for the confirmation of minutes of a meeting is to be put to the next ordinary meeting.
(3) No business is to be transacted until the minutes of the previous meeting have been confirmed or otherwise disposed of.
16B Rescission
(1) The Board may, at any ordinary or special meeting, vary or rescind any resolution carried at any previous meeting of the Board, but only if the motion to vary or rescind the resolution has been included in or with the notice of the meeting.
(2) If a motion to vary or rescind a resolution is considered at a meeting of the Board and is not carried, the motion is not to be reconsidered by the Board during the period of 3 months from the date of that meeting.
17 Transaction of business outside meetings or by telephone
(1) A Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Board.
(2) A Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
(3) For the purposes of--(a) the approval of a resolution under subclause (1), or(b) a meeting held in accordance with subclause (2),the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Board.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Board.
(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
18 First meeting of a Board
The Chairperson may call the first meeting of a Board in such manner as the Chairperson thinks fit.