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TASMANIAN HEALTH ORGANISATIONS ACT 2011 (NO. 51 OF 2011) - SECT 43
Ministerial directions
(1) After consulting with the governing council of a Tasmanian Health
Organisation, the responsible Ministers, by notice in writing, may give the
governing council directions in relation to (a) the functions and
powers of the organisation; or
(b) the functions and powers of the governing
council.
(2) A direction given under subsection (1) may not refer to the
health care or health services provided to a particular person.
(3) A direction given under subsection (1) to the governing council
of a Tasmanian Health Organisation (a) may not prevent the
organisation or the governing council from (i) performing a
function, or exercising a power, that the organisation or governing council
must, under this or any other Act, perform or exercise; or
(ii) otherwise
complying with any Act; and
(b) may not extend the functions and powers of the
organisation or the governing council.
(4) The governing council of a Tasmanian Health Organisation and the
organisation's chief executive officer must comply with any direction given to
the governing council under subsection (1) by the responsible Ministers.
(5) If a direction given under subsection (1) to the governing
council of a Tasmanian Health Organisation and the organisation's service
agreement are inconsistent, the service agreement prevails to the extent of
the inconsistency.
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