Health Services (Amendment) Act 2001 (Vic)

Health Services (Amendment) Act 2001

Act No. 1/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	New sections 46–51 substituted and 51A inserted	2

46.	Board of management	2
47.	Terms and conditions of appointment or election	2
48.	Proceedings of boards	3
49.	Casual vacancies	3
50.	Resignation and removal	8
51.	Elected members	8
51A.	Validity of acts or decisions of a board	10

4.	Regulations about elections for boards	11
5.	New Part 10 inserted	11
PART 10—FURTHER TRANSITIONALS	11

230.        Transitional provision for boards of community health

centres 11

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ENDNOTES 14

i

Victoria

No. 1 of 2001

Health Services (Amendment) Act 2001†

[Assented to 27 March 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the Health Services Act 1988 to provide for elected and appointed members of boards of community health centres.

2. Commencement

This Act comes into operation on 1 April 2001.

Health Services (Amendment) Act 2001

s. 3 Act No. 1/2001

3. New sections 46–51 substituted and 51A inserted

See:

Act No.	For sections 46 to 51 of the Health Services Act
49/1988	1988 substitute—
Reprint No. 8
as at	"46. Board of management
1 July 2000. LawToday:	(1) There shall be a board of management of
dpc.vic.	each community health centre.
gov.au

(2) The board of management of a community health centre shall consist of not less than 7 and not more than 9 members, of whom—

(a)	not less than 4 and not more than 5 are to be elected by and from the electors of the community health centre in accordance with the regulations;
(b)	not less than 2 and not more than 4 are to be appointed by the Governor in Council, on the nomination of the Minister.

(3) The Minister must consult with the current

members of a board before nominating a
person as a member of the board to the
Governor in Council.

(4) A person who is employed by a community health centre is not entitled to be a member of the board of that centre.

(5) The Public Sector Management and

Employment Act 1998 does not apply to a member of a board in respect of the office of member.

47.  Terms and conditions of appointment or election

(1) An appointed member of a board holds

office until the third annual general meeting
of the centre after his or her appointment and
is eligible for re-appointment.

Health Services (Amendment) Act 2001

Act No. 1/2001 s. 3

(2) An elected member of a board holds office

until the third annual general meeting of the centre after his or her election and is eligible for re-election.

(3) The board may pay to a member of a board out of the annual grant provided under sub- section (4) an amount or amounts as

reimbursement for reasonable expenses
approved by the board that were incurred by
the member in the course of performing the
duties of his or her office as a member of the

board.

(4) The Secretary may provide an annual grant

to the board of a community health centre to
defray the reimbursement of expenses

referred to in sub-section (3).

48. Proceedings of boards

(1) Each member of a board of a community

health centre has one vote on any question to

be determined by the board.

(2) A quorum of a board consists of a majority

of the members of the board for the time

being.

(3) Subject to this Division, the procedure of a

board is in the discretion of the board.

49. Casual vacancies

(1) This section applies if a vacancy occurs in an

office of a member of a board arising
otherwise than by the expiration of the term
for which the member was appointed, elected
or co-opted.

(2) If the vacancy occurs in an appointed office or the office of a person co-opted in

Health Services (Amendment) Act 2001

s. 3 Act No. 1/2001

accordance with this section to fill a vacancy
in an appointed office and the number of
members of the Board remaining in office

after the vacancy occurs is less than 7—

(a)	the board must appoint a member to the board by co-option to fill the vacant office until the next annual general meeting, or until the date that the term of the member who last vacated that office would have expired, whichever occurs first or an earlier date determined by the Board; and
(b)	if a person is co-opted under paragraph (a) to a date earlier than the date that the term of the member appointed under section 46 would have expired, another person must be appointed in accordance with section 46 to fill the vacancy from that earlier date to the date that the term would have expired.

(3) If a vacancy occurs in an appointed office or the office of a person co-opted in accordance with this section to fill a vacancy in an

appointed office and the number of members
of the Board remaining in office after the

vacancy occurs is 7 or more—

(a)	the board may appoint a member to the board by co-option to fill the vacant office until the next annual general meeting, or until the date that the term of the member who last vacated that office would have expired, whichever occurs first or an earlier date determined by the Board; and
(b)	if a person is co-opted under paragraph (a) to a date earlier than the date that

Health Services (Amendment) Act 2001

Act No. 1/2001	s. 3
the term of the member appointed under section 46 would have expired, another person may be appointed in accordance with section 46 to fill the vacancy from that earlier date to the date that the term would have expired.

(4) If the vacancy occurs in an elected office or

the office of a person co-opted in accordance
with this section to fill a vacancy in an
elected office and the number of members of
the Board remaining in office after the
vacancy occurs is less than 7 or the number
of elected members is less than 4—

(a) if—

(i) system of voting for elections of
members of boards which makes
provision for a count back of
votes or another method of

the regulations provide for a eligible to be elected; and

(ii)

the person who was, in determined to be the next person eligible to be elected at the last election for the board is eligible and available to be a member of the board—

that person is deemed to be elected as a member of the board for the remainder of the term of the elected member who vacated the office; or

(b)

if there is no person eligible and paragraph (a)—

Health Services (Amendment) Act 2001

s. 3 Act No. 1/2001

(i) to the board by co-option to fill
the vacant office until the next
annual general meeting, or until
the date that the term of the
member who last vacated that
office would have expired,
whichever occurs first or an

the board must appoint a member Board; and

(ii)  if a person is co-opted under paragraph (b)(i) to a date earlier than the date that the term of the elected member would have expired, another election must be held to elect a person in accordance with section 46 to fill the vacancy from that earlier date to the date that the term would have expired.

(5) If a vacancy occurs in an elected office or

the office of a person co-opted in accordance
with this section to fill a vacancy in an
elected office and the number of members of
the Board remaining in office after the
vacancy occurs is 7 or more and the number

of elected members is 4 or more—

(a) if—

(i) system of voting for elections of
members of boards which makes
provision for a count back of
votes or another method of

the regulations provide for a eligible to be elected; and

Health Services (Amendment) Act 2001

Act No. 1/2001	s. 3
(ii)

the person who was, in determined to be the next person eligible to be elected at the last election for the board is eligible and available to be a member of the board—

that person is deemed to be elected as a member of the board for the remainder of the term of office of the elected

member who vacated the office; or

(b)

if there is no person eligible and paragraph (a)—

(i) to the board by co-option to fill
the vacant office until the next
annual general meeting, or until
the date that the term of the
member who last vacated that
office would have expired,
whichever occurs first or an

the board may appoint a member Board; and

(ii)  if a person is co-opted under paragraph (b)(i) to a date earlier than the date that the term of the elected member would have expired, another election may be held to elect a person in accordance with section 46 to fill the vacancy from that earlier date to the date that the term would have expired.

(6) If a person is co-opted to the board under

sub-section (4)(b)(i) and the term of that co-

Health Services (Amendment) Act 2001

s. 3 Act No. 1/2001

opted member expires before an election can be held to fill the vacancy in accordance with sub-section (4)(b)(ii)—

(a)	the term of the co-opted member is deemed to be extended until the date a person is elected to fill that vacancy; and
(b)	the board must arrange for an election to fill that vacancy as soon as is practicable.

(7) A person appointed under this section to fill a vacancy in the office of an elected member is deemed to be an elected member for the

purposes of this Division.

(8) A person appointed under this section to fill

a vacancy in the office of an appointed member is deemed to be an appointed member for the purposes of this Division.

50. Resignation and removal

(1) An appointed member of the board of a

community health centre may resign by

writing delivered to the Governor in Council.

(2) An elected member of the board of a

community health centre may resign by writing delivered to the chief executive officer of the health centre.

(3) The Governor in Council, on the

recommendation of the Minister, may
remove a member of a board from office,
whether the member was appointed, elected

or co-opted to that office.

51. Elected members

Health Services (Amendment) Act 2001

Act No. 1/2001 s. 3

(1) The chief executive officer of a community

health centre must maintain a roll of electors
for the centre consisting of the members of

the health centre.

(2) A person is eligible to be a member of a

community health centre if the person is a
natural person of or over the age of 18 years

who—

(a) lives, works or is enrolled as a student at an educational institution in the area served by the centre; or

(b) is a client of the centre.

(3) The chief executive officer may remove the name of a person from the roll of electors if he or she is satisfied that—

(a)	the person has ceased to be eligible to be a member of the centre; or
(b)	the person has not had contact with the centre within the previous 2 years.

(4) If the board is, after making all reasonable efforts to do so, unable to obtain sufficient nominations to fill the number of vacancies to be filled by an election, the Governor in Council may appoint a person or persons to fill such a vacancy.

(5) If the number of candidates for an election to a board is equal to or less than the number of vacancies to be filled, the board may appoint the candidate or candidates as a member or

members of the board.

(6) A person appointed under sub-section (4) or (5) is deemed to be an elected member of the board.

Health Services (Amendment) Act 2001

s. 3 Act No. 1/2001

(7) A member appointed by the Governor in

Council under sub-section (4) holds office as a member of the board until the next annual general meeting of the board or until an earlier date fixed by the Governor in Council and specified in the appointment.

(8) A person elected to an office referred to in

sub-section (7) that falls vacant at the end of
the period of that appointment holds office
as an elected member until the next annual
general meeting of the board at which
elected offices referred to in section 47(2)
fall vacant.

(9) The Electoral Commissioner appointed by the Governor in Council under section 144 of The Constitution Act Amendment Act 1958 must conduct any election required for membership of the board of management of a community health centre.

(10) The Electoral Commissioner must ensure

that an election required for membership of
the board of management of a community
health centre is conducted in accordance
with the regulations and may exercise the
powers and perform any functions relating to
the conduct of elections that are conferred on
the Electoral Commissioner by the

regulations.

51A. Validity of acts or decisions of a board

An act or decision of a board of a community health centre is not invalid by reason only of—

(a) a defect or irregularity in or in connection with the appointment or election of a member of the board; or

Health Services (Amendment) Act 2001

Act No. 1/2001 s. 4

(b) a vacancy in the membership of the board.".

4. Regulations about elections for boards

(1) In section 158(1) of the Health Services Act

1988, after paragraph (o) insert—
"(oa) requirements relating to the conduct of

elections for members of boards of community health centres including provisions for voting at those elections, the

counting of the votes and the method of
determining the next eligible candidate for
the purpose of filling casual or extraordinary

vacancies in the offices of members;".

(2) After section 158(2A) of the Health Services Act

1988 insert—

"(2B) The Minister must ensure that the Electoral

Commissioner appointed by the Governor in Constitution Act Amendment Act 1958 is consulted before any regulations are made for the purposes of sub-section (1)(oa).

(2C) Regulations made for the purposes of sub-

section (1)(oa) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Electoral Commissioner."

5. New Part 10 inserted

After section 229 of the Health Services Act

1988 insert—

"PART 10—FURTHER TRANSITIONALS

230.  Transitional provision for boards of community health centres

Health Services (Amendment) Act 2001

s. 5 Act No. 1/2001

(1) The board of a community health centre as

constituted immediately before 1 April 2001
(including a board established under
section 186) continues as the board of the
centre until the next annual general meeting

of the centre.

(2) A person holding office as a member of a

board of a community health centre referred to in sub-section (1) continues as a member of the board until the next annual general
meeting unless he or she sooner resigns or is
removed from office.

(3) A vacancy on a board of a community health centre referred to in sub-section (1) must not be filled before the next annual general

meeting unless it is necessary to do so to
ensure that there are at least 7 members of

the board.

(4) A vacancy filled in accordance with sub-

section (3) may be filled in the manner

determined by the Secretary.

(5) The board of a community health centre

referred to in sub-section (1) must hold an
annual general meeting in relation to the
financial year ending on 30 June 2001 in the

third or fourth week of October 2001.

(6) At the first annual general meeting of a

community health centre held after 1 April

2001—

(a)	the offices of all members of the board fall vacant; and
(b)	each vacancy must be filled in accordance with Division 6 of Part 3 as in force at the date of the annual general meeting; and

Health Services (Amendment) Act 2001

Act No. 1/2001	s. 5
(c)	each person elected or appointed to fill a vacancy holds office in accordance with Division 6 of Part 3 as in force at the date of the annual general meeting.

(7) The Minister must consult with the members

before the annual general meeting referred to
in sub-section (6) before nominating a
person as a board member to the Governor in

of a board who were in office immediately members to a board under section 46(2)(b).".

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Health Services (Amendment) Act 2001

Endnotes Act No. 1/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 16 November 2000

Legislative Council: 20 March 2001

The long title for the Bill for this Act was "to amend the Health Services
Act 1988 to provide for elected and appointed members of boards of
community health centres and for other purposes."