Employed staff
34 Employed staff
An employing authority may employ persons to perform functions in connection with the operations or activities of an incorporated hospital.
The terms and conditions of employment of a person under subsection (1) will be fixed by the Chief Executive and approved by the
Commissioner for Public Sector Employment.
For the purposes of subsection (2), the Chief Executive must issue policies and directives relating to terms and conditions of employment of persons appointed under subsection (1).
A person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public
Service of the State unless brought into an administrative unit under the Public
Sector Act 2009).
An employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of another incorporated hospital, an incorporated health service or any other public sector agency specified by the employing authority (and the person must comply with that direction).
An employing authority is, in acting under this section, subject to direction by the Minister.
However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person.
An employing authority may delegate a power or function under this section.
A delegation under subsection (7)—
must be by instrument in writing; and
may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and
may be unconditional or subject to conditions; and
may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and
does not derogate from the power of the employing authority to act personally in any matter; and
may be revoked at any time by the employing authority.
If—
the chief executive officer of an incorporated hospital is designated as an employing authority; or
a power or function of an employing authority under this section is delegated to the chief executive officer of an incorporated hospital, no direction may be given by the governing board of the incorporated hospital to the chief executive officer relating to the appointment, transfer, remuneration, discipline or termination of a particular person.
A change in the person who constitutes an employing authority under this Act will not affect the continuity of employment of a person under this section.
An incorporated hospital must, at the direction of the Minister, the
Treasurer or an employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities).
An incorporated hospital does not have the power to employ any person unless specifically authorised by the Minister.
An incorporated hospital may, under an arrangement established by the responsible Minister or, if relevant, approved by a responsible public sector entity, make use of the staff, services or facilities of an administrative unit or another public sector agency.
On the incorporation of a hospital under this Part, any Public Service employees who had, before the date of incorporation, been assigned by the Chief Executive to work in the hospital and have been designated by the Chief Executive as employees to whom this subsection applies will become persons employed by the employing authority under this section on terms and conditions fixed by the
Chief Executive (without reduction of salary or status).
This Act’s bill:Second reading speech
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