Health Care Act 2008

An employing authority may employ persons to perform functions in connection with the operations or activities of SAAS (and accordingly to be a member of the staff of SAAS, subject to the operation of this section).

The terms and conditions of employment of a person under subsection (1) will be fixed by the employing authority and approved by the

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

An employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of an 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.

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.

SAAS 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).

SAAS does not have the power to employ any person unless specifically authorised by the Minister.

SAAS 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.