Part 2Part 2 Health corporation boards
Division 1 Board governed health corporations
46 Constitution of health corporation boards
(cf AHS Act s 12, PH Act s 22)
(1) There is constituted a health corporation board for each board governed health corporation.(2) A health corporation board is to be called the “[name of board governed health corporation] Board”.
47 Health corporation board to control affairs of board governed health corporation
(cf AHS Act s 13, PH Act s 22 (1))
(1) The affairs of a board governed health corporation are to be controlled by the health corporation board for that corporation.(2) Any act, matter or thing done in the name of, or on behalf of, a board governed health corporation by the health corporation board for that corporation, or with the authority of that board, is taken to have been done by that corporation.
48 Health corporation board subject to control and direction of Minister
(cf AHS Act s 14, PH Act s 22A (1))
A health corporation board is subject to the control and direction of the Minister, except in relation to the contents of a recommendation or report made by the board to the Minister.
49 Membership of health corporation board
(cf AHS Act s 15, PH Act s 22 (1A))
(1) A health corporation board is to consist of the following persons:(a) the chief executive of the board governed health corporation (who holds office as an ex-officio member),(b) persons (not being less than 5 or more than 11) appointed by the Minister.(2) One of the persons appointed by the Minister is to be a member of the NSW Health Service who is employed in connection with the board governed health corporation concerned.
50 Provisions relating to members and procedure of boards
(cf AHS Act s 16, PH Act ss 23–27B)
Schedule 5 has effect with respect to the members and procedure of health corporation boards.
51 Appointment of chief executive
(1) The Minister may appoint a chief executive for each board governed health corporation.(2) If the position of chief executive is an executive position within the meaning of Part 3 of Chapter 9, the employment of the chief executive is subject to that Part.(3) If the position of chief executive is not an executive position within the meaning of Part 3 of Chapter 9, the chief executive is, while holding that office, to be employed under Part 1 of Chapter 9 in the NSW Health Service.(4), (5) (Repealed)(6) The affairs of a board governed health corporation are to be managed by the chief executive of the corporation.(7) The chief executive of a board governed health corporation:(a) has, and may exercise, such functions as are conferred or imposed on the chief executive by or under this or any other Act, and(b) is, in the exercise of his or her functions, subject to the control and direction of the health corporation board for the corporation.
52 Removal of members and appointment of administrator
(cf AHS Act s 18, PH Act s 26)
(1) The Governor may at any time, for any reason or no reason and without notice, by order published in the Gazette:(a) remove any member (including the chief executive) or all members of a health corporation board from office, or(b) remove all members of a health corporation board from office and appoint, as administrator of the board governed health corporation concerned, a person specified in the order for such period as may be specified in the order, or(c) remove all members of a health corporation board (other than the chief executive) from office and appoint, as administrator of the board governed health corporation concerned, the chief executive for such period as may be specified in the order.(2) The chief executive of a board governed health corporation ceases to hold office as chief executive if removed from office as a member of the health corporation board of the corporation.(3) An administrator of a board governed health corporation has and may exercise, subject to any conditions that may be specified in the order by which the administrator was appointed, all the functions of the health corporation board for that corporation.(4) An administrator of a board governed health corporation is entitled to be paid from the funds of that corporation such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the administrator.(5) The regulations may make provision with respect to administrators of board governed health corporations.(6) If the position of chief executive is an executive position within the meaning of Part 3 of Chapter 9:(a) the chief executive may not be removed from office under section 121N, and(b) section 121N applies:(i) to and in respect of a chief executive who is removed from office under this section, and(ii) to and in respect of the executive position of a chief executive who is so removed,in the same way as it applies to and in respect of a health executive who is removed from office under section 121N and to and in respect of the executive position of a health executive who is so removed.(7) (Repealed)
Division 2 Chief executive governed health corporations
52A Appointment of chief executive
(1) The Director-General may appoint a chief executive for each chief executive governed health corporation.(2) If the position of chief executive is an executive position within the meaning of Part 3 of Chapter 9, the employment of the chief executive is subject to that Part.(3) If the position of chief executive is not an executive position within the meaning of Part 3 of Chapter 9, the chief executive:(a) is, while holding that office, taken to be employed under Part 1 of Chapter 9 in the NSW Health Service, and(b) may at any time, for any reason or no reason and without notice, be removed from office by the Director-General.(4) (Repealed)
52B Chief executive to manage and control affairs of chief executive governed health corporation
(1) The affairs of a chief executive governed health corporation are to be managed and controlled by the chief executive of the corporation.(2) Any act, matter or thing done in the name of, or on behalf of, a chief executive governed health corporation by its chief executive is taken to have been done by the corporation.
52C Functions of chief executive generally
The chief executive of a chief executive governed health corporation:(a) has, and may exercise, such functions as are conferred or imposed on the chief executive by or under this or any other Act, and(b) is, in the exercise of his or her functions, subject to the control and direction of the Director-General.
(1) The Minister may establish an advisory council for each chief executive governed health corporation.(2) The constitution, procedure and functions of an advisory council are to be as determined by the Minister.
52E Other committees and councils
The chief executive may establish such committees and councils as he or she considers appropriate to assist the chief executive governed health corporation in the exercise of its functions.