Establishment of Councils

Current

(1)

The

Minister may, by notice in the Gazette, establish a Health Advisory

Council (a HAC) to undertake an advocacy role on behalf of the community, to provide advice, and to perform other functions, as determined under this

Act, in relation to any of the following:

(a)

the

Minister;

(b)

the

Chief Executive;

(c)

an incorporated hospital;

(ca)

an incorporated health service;

(d)

SAAS;

(e)

any other body involved in the delivery of health services in connection with this Act.

(2)

Without limiting subsection (1), the Minister may establish and maintain a HAC, constituted by persons who have experience in providing ambulance services as volunteers, with functions that include to provide advice to SAAS in the performance of its functions.

(3)

The notice published under subsection (1) may—

(a)

designate the entity or entities in relation to which the HAC is established;

and

(b)

make provision with respect to the functions of the HAC; and

(c)

declare whether the HAC is to be an incorporated or unincorporated body and assign a name to the HAC (which must, if the HAC is to be incorporated, end with the abbreviation "Inc"); and

(d)

make provision with respect to the powers of the HAC; and

(e)

make such other provision as the Minister thinks fit (including by relating the functions of the HAC to a designated area of the

State).

(4)

The

Minister may, by subsequent notice in the Gazette—

(a)

vary a notice under this section;

(b)

amalgamate

2 or more HACs;

(c)

dissolve a HAC.

(5)

However, the Minister—

(a)

must consult with the members of the relevant HAC or HACs in the manner prescribed by the regulations before acting under subsection (4);

and

(b)

must not act under subsection (4)(b) or (c) unless—

(i)

the

Minister is satisfied that there has been a reasonable level of consultation within the community; and

(ii)

the

Minister is satisfied that it is appropriate to do so on a ground prescribed by the regulations.

(6)

2 or more HACs are amalgamated under subsection (4)(b), the Minister may—

(a)

exercise any power under a preceding subsection in relation to the HAC established by the amalgamation (including by declaring whether the

HAC is to be an incorporated or unincorporated body); and

(b)

dissolve the HACs that were the separate entities before the amalgamation.

(7)

2 or more HACs are amalgamated under subsection (4)(b), the assets, rights and liabilities of the HACs that were the separate entities before the amalgamation vest in or attach to the

HAC formed by the amalgamation by operation of this subsection (unless a contrary provision is relevant under subsection (8)).

(8)

A reference in a testamentary disposition or other instrument to a HAC that is a party to an amalgamation under subsection (4)(b) will be taken to be (subject to any provision of the testamentary disposition or other instrument to the contrary) a reference to the

HAC formed by the amalgamation.

(9)

If a HAC is dissolved under subsection (4)(c), the Minister may, as the Minister thinks necessary or appropriate, exercise a power under section 20 (subject to complying with the requirements of that section).

(10)

The

Minister may, by notice in the Gazette, make other provisions that in the opinion of the Minister are necessary or expedient in connection with taking action under subsection (4).

(11)

To avoid doubt, the Minister may establish more than 1 HAC in relation to a particular entity under subsection (1).

Regulations

This provision refers to the regulations (prescribed by the regulations). Made under this Act:

Health Care Regulations 2023

This Act’s bill:Second reading speech

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15 Establishment of Councils