Tasmanian Numbered Acts

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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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