Western Australian Consolidated Acts

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HOSPITALS AND HEALTH SERVICES ACT 1927 - SECT 19

19 .         Hospital boards, staff of

        (1)         A board may, for the purpose of the performance of its functions —

            (a)         employ or engage employees and other persons; and

            (b)         engage persons, whether or not natural persons, to perform functions on its behalf.

        (1a)         Where under subsection (1)(b) a board engages a person to perform on its behalf in respect of a hospital the functions described in section 18(1) and the board is an SES organization or a non-SES organization under the Public Sector Management Act 1994 the board —

            (a)         is not required to appoint a chief executive officer under section 44 of that Act or to have a chief employee as mentioned in that Act; and

            (b)         without limiting subsection (1)(b), may engage the person, notwithstanding that the person is a body corporate, to perform functions under any written law of such a chief executive officer or chief employee, as the case may require, as if the person were the holder of that office.

        (2)         A board may also from time to time employ or engage such medical officers and district nurses as it thinks fit for the purpose of attending sick persons elsewhere than in a public hospital; provided the circumstances of such persons are such as to bring them within the provisions of the first paragraph of section 31.

        (3)         Persons so employed or engaged may be remunerated out of the revenues of the board.

        (4)         A person who is entrusted or is intended to be entrusted with moneys shall not enter on his duties under this section until and unless he shall have given adequate security for the faithful discharge of his duties, and it shall be the duty of such person to keep and maintain such security in full force and effect.

        (5)         Notwithstanding anything in this section, to the extent that there is in the case of a person who is employed or engaged under subsection (1)(a) and who is a member of the Senior Executive Service (within the meaning of the Public Sector Management Act 1994 ) an inconsistency between this Act and that Act, that Act shall prevail.

        [Section 19 amended by No. 113 of 1987 s. 32; No. 17 of 1996 s. 8.]



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