Health Services Act 2016

A member of a board or committee must act impartially and in the public interest in the exercise of the member’s functions as a member.

Accordingly a member must put the public interest before the interest of the health service provider.

Subject to subsections (1) and (2), a member of a board or committee has a duty —

to act in good faith and in the interests of the health service provider; and

not to have a personal interest in conflict with the interests of the health service provider, unless the member has the consent of the board or committee of which the member is a part; and

if the member has the consent of the board or committee of which the member is a part under paragraph (b) — to appropriately manage the personal interest that conflicts with the interests of the health service provider; and

not to act with an improper purpose; and

not to profit at the expense of the health service provider or the State, unless the member has the consent of the board or committee of which the member is a part; and

not to use the member’s position, or information or knowledge received in that position, to obtain an advantage for a person or disadvantage the health service provider or the State; and

not to be employed or engaged by, or act on the behalf of, another person in any capacity that is inconsistent with the interests of the Department, the Department CEO and health service providers, unless the member has the consent of the board or committee of which the member is a part.

If a board, committee or the Department CEO considers that it is reasonably likely that a member of the board or committee has breached a duty referred to in this section, the board, committee or Department CEO must advise the Minister of the likely breach of the duty.