Area Health Boards Amendment Act 1988
Area Health Boards Amendment Act 1988
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Area Health Boards Amendment Act 1988
Area Health Boards Amendment Act 1988
Public Act |
1988 No 21 |
|
Date of assent |
30 March 1988 |
|
Contents
An Act to amend the Area Health Boards Act 1983
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Area Health Boards Amendment Act 1988, and shall be read together with and deemed part of the Area Health Boards Act 1983 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of April 1988.
2 Interpretation
(1)
Section 2 of the principal Act (as amended by section 2(1) of the Area Health Boards Amendment Act 1986) is hereby amended by repealing the definition of the term “Director-General”
in subsection (1), and substituting the following definitions:
“‘Director-General’ has the meaning given to it by section 2(1) of the Health Act 1956:
“‘General manager’, in relation to any area health board, means the general manager appointed under section 39 of this Act:”.
(2)
The said section 2 (as so amended) is hereby further amended by repealing the definitions in subsection (1) of the terms “Health Service Personnel Commission”
and “occupational class”
.
(3)
The said section 2 (as so amended) is hereby further amended by inserting in subsection (1), in their appropriate alphabetical order, the following definitions:
“‘Agreement’ means an agreement registered by the Arbitration Commission in settlement of a dispute of interest between the parties to it by means of the procedure described in section 164 of the Labour Relations Act 1987 or in this Act; and includes a composite agreement under section 166 of the Labour Relations Act 1987:
“‘Arbitration Commission’ means the Arbitration Commission constituted under the Labour Relations Act 1987:
“‘Arbitration Commissioner’ means a member of the Arbitration Commission:
“‘Award’ means an award registered by the Arbitration Commission in settlement of a dispute of interest between the parties to it by means of the procedure described in sections 134 to 151 of the Labour Relations Act 1987 or in this Act; and—
“(a)
Includes a composite award under section 137 of the Labour Relations Act 1987; but
“(b)
Does not include a young worker award under section 157 of the Labour Relations Act 1987:
“‘Chief Mediator’ means the Chief Mediator appointed under the Labour Relations Act 1987:
“‘Conditions of employment’—
“(a)
Includes remuneration; but
“(b)
Does not include—
“(i)
Allowances payable to employees serving outside New Zealand; or
“(ii)
Other conditions of service of employees serving outside New Zealand:
“‘Coverage clause’ has the meaning given to it by section 2(1) of the Labour Relations Act 1987:
“‘Dispute of interest’ has the meaning given to it by section 2(1) of the Labour Relations Act 1987:
“‘Employer party’ has the meaning given to it by section 2 of the Labour Relations Act 1987 except that—
“(a)
In relation to a proposed award or agreement, it means the State Services Commission; and
“(b)
In relation to a personal grievance, it means the general manager; and
“(c)
In relation to a dispute of rights, it means the general manager acting, as the State Services Commission determines, together with or in consultation with the State Services Commission:
“‘Lockout’ has the meaning given to it by section 232 of the Labour Relations Act 1987:
“‘Mediator’ means a mediator appointed under the Labour Relations Act 1987:
“‘Remuneration’ includes—
“(a)
Salary, wages, and other payments, whether in the form of bonuses or otherwise, in return for services; and
“(b)
Benefits and other emoluments (whether in money or not) in return for services:
“‘State Services Commission’ means the commission continued in existence by section 3 of the State Sector Act 1988:
“‘Strike’ has the meaning given to it by section 231 of the Labour Relations Act 1987:
“‘Union party’, in relation to a proposed award or agreement, means the union or unions which covers or cover the employees who will be bound by the proposed award or agreement.”
(4)
The said section 2 (as so amended) is hereby further amended by adding, after subsection (2) (as added by section 2(2) of the Area Health Boards Amendment Act 1986), the following subsection:
“(3)
For the purposes of this Act, an award is subsequent to another award if—
“(a)
It replaces that award, either wholly or partially; or
“(b)
It replaces, either wholly or partially, any such replacement award or any replacement of such an award,—
and such a relationship shall continue to exist between awards notwithstanding the number of replacement awards that have been negotiated or the period that has intervened; and an award precedes another in corresponding circumstances.”
3 Functions, duties, and powers of Boards
Section 10(1) of the principal Act is hereby amended by repealing paragraph (g), and substituting the following paragraph:
“(g)
Subject to the powers given to the general manager, to manage all institutions and health services for the time being vested in or controlled by it:”.
4 New sections substituted
The principal Act is hereby amended by repealing section 39 (as amended by section 4 of the Area Health Boards Amendment Act 1986), and substituting the following sections:
“39 General manager
Each area health board shall appoint a general manager, who shall be the administrative head of the board.
“39a Responsibilities in respect of management
The general manager of an area health board shall be responsible to the board for—
“(a)
The general conduct of the functions and activities of the board; and
“(b)
The efficient, effective, and economical management of the functions and activities of the board.
“39b Duty to act independently
Notwithstanding anything in section 39a of this Act, in matters relating to decisions on individual employees (whether matters relating to the appointment, promotion, demotion, transfer, disciplining, or the cessation of the employment of any employee, or other matters), the general manager shall not be responsible to the area health board but shall act independently.
“39c Functions, responsibilities, duties, and powers
“(1)
The functions, responsibilities, duties, and powers imposed on or given to the general manager of an area health board by this Act are in addition to those imposed on or given to that general manager by or under any other Act.
“(2)
The general manager of an area health board shall have the powers necessary to carry out the functions, responsibilities, and duties imposed on that general manager by or under this Act, as well as the powers necessary to carry out the functions, responsibilities, and duties imposed on that general manager or that area health board by or under any other Act.
“39d Appointment of general manager
“(1)
Subject to section 39e of this Act, each area health board shall appoint its general manager in accordance with the provisions of this section.
“(2)
Where there is a vacancy or an impending vacancy in the position of general manager of an area health board, the board shall notify the vacancy or impending vacancy in such manner as it thinks sufficient to enable suitably qualified persons to apply for the position.
“(3)
The board may—
“(a)
Examine applicants for the position; and
“(b)
Seek advice from such sources as it considers relevant.
“(4)
The board may invite such other persons as it thinks fit to assist it to decide on the person to be appointed and any person so invited may take part in the examination of applicants or in the board’s deliberations on the matter or in both.
“(5)
In deciding upon the person to be appointed as general manager, the board shall have regard to the need to appoint a person who—
“(a)
Can discharge the specific responsibilities placed on the general manager; and
“(b)
Will imbue the employees with a spirit of service to the community; and
“(c)
Will promote efficiency; and
“(d)
Will be a responsible manager; and
“(e)
Will maintain appropriate standards of integrity and conduct among the employees of the board; and
“(f)
Will ensure that the board is a good employer; and
“(g)
Will promote equal employment opportunities.
“39e Reappointment of general manager
An area health board may reappoint its existing general manager for a further term without first notifying the impending vacancy or examining other applicants.
“39f Conditions of employment of general manager
“(1)
Every general manager shall be appointed for a term of not more than 5 years.
“(2)
Every general manager shall be eligible for reappointment from time to time.
“(3)
Except where specific conditions of employment for a general manager are provided in this Act, the conditions of employment of a general manager shall be determined in each case by agreement between the board and the general manager, but the board shall obtain the written concurrence of the State Services Commission to the conditions of employment before finalising the conditions of employment with the general manager.
“39g Removal from office
The board, for just cause or excuse, may remove the general manager from office.
“39h Acting general manager
“(1)
In the case of absence from duty of the general manager of an area health board (from whatever cause arising) or on the occurrence from any cause of a vacancy in the position of general manager of an area health board (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the functions, powers, and duties of the general manager or pertaining to the position may be exercised and performed by any other employee for the time being directed by the board to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.
“(2)
No such direction and no acts done by any employee acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the employee had not been appointed to the position of general manager.
“(3)
The board shall determine the conditions of employment that are to apply to any employee directed under subsection (1) of this section to exercise and perform any of the functions, powers, and duties of the general manager.
“39i Delegation of powers
“(1)
The general manager of an area health board may from time to time, either generally or particularly, delegate to any employee any of the functions or powers of the general manager under this Act or any other Act, including functions or powers delegated to the general manager under this Act or any other Act:
“Provided that the general manager shall not delegate any functions or powers delegated to the general manager by the area health board without the written consent of the board.
“(2)
In any case where the general manager has, pursuant to subsection (1) of this section, delegated any functions or powers to any employee, that employee may, with the prior approval in writing of the general manager, delegate such of those functions or powers as the general manager approves to any other employee or to the holder for the time being of any specified office under the area health board.
“(3)
Subject to any general or special directions given or conditions imposed by the general manager, the employee to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that employee directly by this Act and not by delegation.
“(4)
Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
“(5)
Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.
“(6)
No delegation under this section shall affect or prevent the exercise of any function or power by the general manager, nor shall any delegation affect the responsibility of the general manager for the actions of any person acting under the delegation.
“39j Revocation of delegations
“(1)
Every delegation under section 39i of this Act shall be revocable in writing at will.
“(2)
Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that the general manager by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that general manager.
“39k Review of performance of general manager
“(1)
The board, in conjunction with the Director-General, shall be responsible for reviewing, either generally or in respect of any particular matter, the performance of the general manager of the board.
“(2)
In carrying out its functions under subsection (1) of this section, the board shall ensure that the general manager is fulfilling all of the requirements imposed upon the general manager, whether under this Act or otherwise.
“39l Application of Labour Relations Act 1987 in respect of general manager
“(1)
No award or agreement that applies to or purports to apply to a general manager covered by this Part of this Act shall be registered under the Labour Relations Act 1987.
“(2)
Nothing in this Act—
“(a)
Prevents a union membership rule from covering a general manager; or
“(b)
Prevents a general manager belonging to the union whose membership rule covers that general manager.
“39m General principles
“(1)
The general manager of an area health board shall operate a personnel policy that complies with the principle of being a good employer.
“(2)
For the purposes of this section a ‘good employer’ is an employer who operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring—
“(a)
Good and safe working conditions; and
“(b)
An equal employment opportunities programme; and
“(c)
The impartial selection of suitably qualified persons for appointment; and
“(d)
Recognition of—
“(i)
The aims and aspirations of the Maori people; and
“(ii)
The employment requirements of the Maori people; and
“(iii)
The need for greater involvement of the Maori people as employees of area health boards; and
“(e)
Opportunities for the enhancement of the abilities of individual employees; and
“(f)
Recognition of the aims and aspirations, and the cultural differences, of ethnic or minority groups; and
“(g)
Recognition of the employment requirements of women; and
“(h)
Recognition of the employment requirements of persons with disabilities.
“(3)
In addition to the requirements specified in subsections (1) and (2) of this section, each general manager shall ensure that all employees maintain proper standards of integrity, conduct, and concern for the public interest.
“39n Code of conduct
Each area health board may from time to time issue a code of conduct covering the minimum standards of integrity and conduct that are to be observed by its employees.
“39o Equal employment opportunities
“(1)
The general manager of an area health board—
“(a)
Shall in each year develop and publish an equal employment opportunities programme for the board:
“(b)
Shall ensure in each year that the equal opportunities programme for that year is complied with.
“(2)
The board shall include in its annual report—
“(a)
A summary of the equal employment opportunities programme for the year to which the report relates; and
“(b)
An account of the extent to which the board was able to meet, during the year to which the report relates, the equal employment opportunities programme for that year.
“(3)
For the purposes of this section and section 39m of this Act, an equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect to the employment of any persons or group of persons.
“39p Appointment and dismissal of employees
“(1)
Subject to the provisions of this Act, the general manager of an area health board—
“(a)
May from time to time engage or appoint such employees (including acting or temporary or casual employees) as may be necessary for the efficient performance and exercise of the functions, duties, and powers of that board within the limits of the resources available; and
“(b)
May, subject to any conditions of employment included in any award or agreement, at any time remove any employee from that employee’s office or employment.
“(2)
Unless expressly provided to the contrary in this Act, the general manager of an area health board shall have all the rights, duties, and powers of an employer in respect of the persons employed by the board.
“39q Special provisions in relation to appointment of employees
“(1)
Every general manager shall appoint—
“(a)
At least one Medical Officer of Health under and in accordance with the Health Act 1956:
“(b)
At least one Inspector of Health under and in accordance with the Health Act 1956:
“(c)
At least one Principal Dental Officer under and in accordance with regulations made under the Social Security Act 1964.
“(2)
Any officer appointed under subsection (1) of this section may at any time, in respect of any function conferred on that officer by any enactment, consult with the Director-General, and the Director-General may at any time offer advice to any such officer in respect of any such function.
“(3)
Subject to the provisions of this Act,—
“(a)
Any person may be employed by any 2 or more area health boards, or any 1 or more area health boards and any 1 or more hospital boards:
“(b)
Any general manager may appoint any employee for the purpose of performing services both for that area health board and for any other area health board or hospital board:
“(c)
The general managers of any 2 or more area health boards, or any 1 or more area health boards and any 1 or more hospital boards, may combine to appoint any person as an employee of those boards jointly for any specified purpose, upon and subject to such terms and conditions, whether as to the apportionment of that employee’s duties among those boards or otherwise, as may be agreed upon by those general managers.
“39r Appointment on merit
The general manager of an area health board shall, in making an appointment under this Act, give preference to the person who is best suited to the position.
“39s Obligation to notify vacancies
Where a general manager of an area health board intends to fill a position that is vacant or is to become vacant, the general manager shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.
“39t Acting appointments
“(1)
In the case of absence from duty of any employee (from whatever cause arising) or on the occurrence from any cause of a vacancy in any position under an area health board (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the employee or pertaining to the position may be exercised and performed by any other employee for the time being directed by the general manager to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.
“(2)
No such direction and no acts done by any employee acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the employee had not been appointed to any position to which the direction relates.
“39u Evidence of appointments
“(1)
Any appointment to any office or position under an area health board shall be made, confirmed, or approved in writing by an instrument or minute by the general manager or by any person to whom the general manager has delegated power in that behalf in accordance with section 39i of this Act.
“(2)
A certificate signed by the general manager that any person named in the certificate was appointed to any office or position under the area health board from and including a day stated therein shall be sufficient evidence that the person so named was duly so appointed to and continues to hold the office or position unless the contrary is proved.
“39v Obligation to notify appointments
The general manager of an area health board shall notify to the employees within the board every appointment (other than that of an acting, temporary, or casual employee) made by the general manager to an office or position.
“39w Review of appointments
“(1)
The general manager of each area health board shall put into place for the board a procedure for reviewing those appointments made within that board that are the subject of any complaint by an employee of that board.
“(2)
The procedure shall be approved by the board and shall comply with the guidelines prescribed by the State Services Commission for such review procedures.
“(3)
Nothing in this section relates to the appointment of a general manager or to an acting appointment.
“39x Application of Labour Relations Act 1987 to area health boards
Except as otherwise provided in this Act, the Labour Relations Act 1987 shall apply in relation to area health boards.
“39y Negotiation of conditions of employment
“(1)
The State Services Commission shall negotiate under Part VII of the Labour Relations Act 1987 the conditions of employment for all employees of area health boards.
“(2)
The negotiations, which shall be conducted by the State Services Commission with the union party, shall be conducted in consultation with—
“(a)
The Director-General; and
“(b)
The general manager of each board affected.
“39z Delegation of State Services Commission’s powers
“(1)
The State Services Commission may from time to time delegate, in writing, to—
“(a)
A general manager of a board; or
“(b)
Any organisation of employers of persons employed in the Health Service,—
any of the Commission’s powers under section 39y of this Act.
“(2)
Where the Commission, acting under subsection (1) of this section, delegates to a general manager of a board or an organisation of employers the function, under section 39y(1)of this Act, of conducting negotiations with the union party, the general manager or organisation of employers shall conduct those negotiations in consultation with the State Services Commission and the Director-General.
“(3)
Nothing in this section limits the provisions of section 23 of the State Sector Act 1988.
“39za Compulsory arbitration and agreement not to strike or lock out
“(1)
This section applies to any award or agreement—
“(a)
Negotiated under Part VII of the Labour Relations Act 1987; and
“(b)
Applying only to employees of area health boards or hospital boards or both.
“(2)
Any award or agreement to which this section applies may include a clause under which—
“(a)
Both the union party and the State Services Commission agree to accept compulsory arbitration; and
“(b)
The union party agrees that such of its members as are bound by the award or agreement will not take part in any strike of a kind described in paragraph (a) or paragraph (b) or paragraph (c) of section 233(1) of the Labour Relations Act 1987; and
“(c)
The State Services Commission agrees on behalf of the area health board that the board will not, by a lockout of a kind described in paragraph (a) or paragraph (b) or paragraph (c) of section 233(1) of the Labour Relations Act 1987, lock out such of its employees as are bound by the award or agreement.
“(3)
Where a clause is inserted in an award or agreement pursuant to this section, that clause shall also be inserted in the award or agreement that is subsequent to the award or agreement in which the clause was inserted.
“(4)
The provisions of the Fourth Schedule to the State Sector Act 1988 shall apply in relation to compulsory arbitration under the clause.
“(5)
Where a union that is a party to an award or agreement that covers employees of area health boards delivers to the State Services Commission, not later than the close of the 30th day of June 1988, a written request to insert in the award or agreement a clause of the kind described in subsection (2) of this section,—
“(a)
The State Services Commission shall agree to the request and shall inform the Arbitration Commission forthwith of the State Services Commission’s agreement; and
“(b)
An Arbitration Commissioner shall forthwith amend the award or agreement accordingly.
“(6)
Notwithstanding any other provision of this section, every clause that is inserted in any award or agreement as a result of a request made under subsection (5) of this section in relation to that award or agreement shall, unless cancelled under section 39zb of this Act, be also inserted in—
“(a)
The award or agreement that is subsequent to the award or agreement in which the clause was inserted; and
“(b)
The award or agreement that is subsequent to the award or agreement specified in paragraph (a) of this subsection.
“(7)
Every clause that is inserted in any award or agreement as a result of a request made under subsection (5) of this section, whether in relation to that award or agreement or a superseded award or agreement, shall, unless removed at the request of the union or unless cancelled under section 39zb of this Act, be included in any award or agreement made in substitution for the award or agreement in which the clause is included.
“39zb Contravention of agreement not to strike or lock out
“(1)
Where any party to an award or agreement alleges that a strike or lockout has taken place in contravention of a clause included in the award or agreement pursuant to section 39za of this Act, that party may apply to the Labour Court for a declaration that such a contravention has taken place.
“(2)
If the Labour Court is satisfied that such a contravention has taken place, it may declare the strike or lockout to be, by reason of that contravention, an unlawful strike or an unlawful lockout.
“(3)
Where the declaration relates to a strike, the State Services Commission may request the Arbitration Commission to cancel the clause included in the award or agreement pursuant to section 39za of this Act, and an Arbitration Commissioner shall cancel that clause accordingly.
“(4)
Where the declaration relates to a lockout, the union party which negotiated the award or agreement may request the Arbitration Commission to cancel the clause included in the award or agreement pursuant to section 39za of this Act, and an Arbitration Commissioner shall cancel the clause accordingly.
“(5)
Any request made under subsection (3) or subsection (4) of this section shall—
“(a)
Include particulars of the relevant declaration of the Labour Court; and
“(b)
Be filed in the office of the Arbitration Commission.
“(6)
On the cancellation of the clause, any arbitration or other proceedings that are then in progress under that clause shall cease and shall not be renewed.
“(7)
Nothing in section 242(3) or section 243(3) of the Labour Relations Act 1987 applies in relation to a strike or lockout that takes place in contravention of a clause included in an award or agreement pursuant to section 39za of this Act.
“39zc General functions of State Services Commission
“(1)
The general functions of the State Services Commission under this Act are—
“(a)
To promote and develop and monitor personnel policies and standards of personnel administration:
“(b)
To furnish to each area health board advice on, and assistance with, the training and career development of staff:
“(c)
To exercise such other functions with respect to the administration and management of area health boards as the Minister of Health from time to time directs (not being functions conferred by this Act or any other Act on a board or its general manager).
“(2)
In exercising any of its functions under this section, the State Services Commission shall consult with the Minister of Health or the area health board or the Director-General or the general manager of the area health board.
“(3)
The State Services Commission shall be responsible to the Minister of Health and not to the Minister of State Services for the performance of its functions under this section.
“(4)
Nothing in this section prevents an area health board from engaging the State Services Commission to perform, in respect of that board, any of the functions which are specified in section 6 of the State Sector Act 1988 and which may be performed under that Act in respect of any Department.
“39zd Powers of State Services Commission
The State Services Commission shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions and duties under this Act.
“39ze Power of State Services Commission to conduct inspections and investigations
The State Services Commission may, in carrying out its functions under this Act, at any time conduct, in respect of any area health board, such inspections and investigations as the State Services Commission considers necessary or the Minister of Health directs.
“39zf Power of State Services Commission to require information from boards
“(1)
The State Services Commission may at any time, by notice in writing, require any area health board to furnish such returns or such other information as may be specified in the notice, in such manner as the Commission may from time to time require for the purposes of this Act.
“(2)
It shall be the duty of the board to furnish the returns or other information specified in the notice within such time as may be specified in the notice.
“(3)
Nothing in this section authorises the State Services Commission to require the disclosure of any information protected from disclosure under section 50 of this Act.
“39zg Government Superannuation Fund
“(1)
For the purposes of the Government Superannuation Fund Act 1956, employees of any area health board shall be deemed to be employed in the Government service, and the provisions of that Act shall apply to every such employee in all respects as if employment in the service of the board were Government service.
“(2)
For the purposes of applying the Government Superannuation Fund Act 1956 to such employees, the term ‘controlling authority’, in relation to such an employee who is a contributor to the Government Superannuation Fund, means the board.
“(3)
Notwithstanding the foregoing provisions of this section, the Minister of Health, after consultation with the Minister of Finance, may, by determination, exempt any employees or class of employees from the application of those provisions on being satisfied that it is in the best interests of those employees or that class of employees to do so.
“39zh Contribution to superannuation funds in respect of employees of area health boards
Notwithstanding anything in the Government Superannuation Fund Act 1956, the Minister of Finance may, in respect of any person employed in any area health board, contribute out of money appropriated by Parliament for the purpose to any superannuation fund approved pursuant to the Superannuation Schemes Act 1976.
“39zi Instructions
Subject to this Act and without restricting the powers of the general manager of an area health board, such a general manager may from time to time issue instructions that shall be observed by all employees of the board.
“39zj Offence to attempt to influence general manager
“(1)
Every person commits an offence against this section who directly or indirectly solicits or endeavours to influence the general manager or any other person or persons to whom the general manager has delegated powers under section 39i of this Act with respect to decisions on the matters described in section 39b of this Act.
“(2)
Every person who commits an offence against this section is liable on summary conviction to a fine not exceeding $2,000.
“(3)
Nothing in this section shall apply to any person giving information or advice or making representations to the general manager or to any other person or persons acting under delegation from the general manager in respect of any matter at the request or invitation of the general manager or from any other person or persons acting under delegation.
“(4)
Nothing in this section shall be construed so as to prevent any organisation, being an organisation representing employees or any class or classes thereof, from making representations to the general manager or to any other person or persons acting under delegation from the general manager on any matter affecting the salaries, wages, or conditions of employment of any employee or class of employees.”
5 Medical examinations
The principal Act is hereby amended by repealing section 40, and substituting the following section:
“40
The general manager of an area health board may require any employee or prospective employee to submit himself or herself to medical examination, at the expense of the board, by a registered medical practitioner, who shall not be an employee of the board unless the person undergoing the examination otherwise agrees.”
6 Bonds
Section 41 of the principal Act is hereby repealed.
7 Protection from liability
The principal Act is hereby amended by inserting, before section 42, the following section:
“41a
Neither the general manager nor any employee of an area health board shall be personally liable for any liability of the board, or for any act done or omitted by the board or by the general manager or employee of the board in good faith in pursuance or intended pursuance of the functions or powers of the board or of the general manager.”
8 Superannuation
Section 42(2) of the principal Act (as amended by section 2 of the Area Health Boards Amendment Act 1985) is hereby amended by repealing paragraphs (c) and (d), and substituting the following paragraph:
“(c)
Is a member of any class of employees that is for the time being exempt under section 39zg(3) of this Act from the application of the Government Superannuation Fund Act 1956.”
9 Repeals
The principal Act is hereby amended by repealing—
(a)
Sections 43 and 44; and
(b)
Sections 44a and 44b (as inserted by section 3 of the Area Health Boards Amendment Act 1985).
10 Access by teachers and students
(1)
Section 46(1) of the principal Act is hereby amended by repealing paragraphs (a) and (b), and substituting the following paragraphs:
“(a)
The appointment by the general manager of the board of any professor, lecturer, or other member of the teaching staff of the educational institution as an honorary or part-time member of the staff of the board for the purposes of the educational institution:
“(b)
The appointment by the general manager of the board of any professor, lecturer, or other member of the teaching staff of the educational institution as a member of the staff of the board to perform duties in relation to the treatment of patients in addition to his or her tutorial duties; and the payment to him or her, or to the governing body of the educational institution, by the general manager of remuneration in respect or his or her duties as a member of the staff of the board:”.
(2)
Section 46 of the principal Act is hereby further amended by repealing subsection (2), and substituting the following subsection:
“(2)
For the purposes of paragraphs (b) and (c) of subsection (1) of this section, the term ‘remuneration’ includes all payments made or proposed to be made in consideration of services rendered or to be rendered.”
11 Bylaws
Section 64(1) of the principal Act is hereby amended by inserting in paragraph (a), before the words “Making provision,”
the words “Subject to the powers given to the general manager of the area health board,”
.
12 Application of board’s funds
(1)
Section 84(1) of the principal Act is hereby amended—
(a)
By omitting from paragraph (j) the words “, subject to the approval of the Health Service Personnel Commission,”
:
(b)
By omitting from paragraph (k) the word “Commission”
, and substituting the words “general manager or fixed by any award or agreement”
.
(2)
Section 84(1) of the principal Act is hereby further amended by repealing paragraph (1), and substituting the following paragraph:
“(1)
The payment of travelling allowances and expenses incurred or to be incurred by persons for the purpose of taking up appointments in the service of the board at such rates and on such conditions as the general manager may from time to time fix or as are fixed from time to time by any award or agreement:”.
13 Annual allowances, remuneration, and expenses of deputy chairman, chairmen of standing and special committees, and members
Section 86(5) of the principal Act (as substituted by section 15(1) of the Local Government Amendment Act (No. 3) 1986) is hereby amended by omitting the words “Health Service Personnel Commission”
, and substituting the word “board”
.
14 Investigations into institutions and services
Section 90(1) of the principal Act is hereby amended by omitting the words “under the State Services Act 1962”
, and substituting the words “by the Director-General”
.
15 Execution of documents
Section 93(1) of the principal Act is hereby amended by omitting the words “principal executive officer”
, and substituting the words “general manager”
.
Transitional Provisions and Repeal
16 Transitional provisions in respect of appointments to Health Service
Every person who, at the commencement of this Act, holds any position in the Health Service shall continue to hold that position as if that person had been appointed under this Act.
17 Identical conditions of employment in respect of Health Service
(1)
The terms and conditions of employment of every person who, on the commencement of this Act, holds any position in the Health Service shall, on the 1st day of April 1988 (and thereafter until varied) be identical with the terms and conditions of that person’s employment in the Health Service immediately before the 1st day of April 1988.
(2)
Notwithstanding anything in subsection (1) of this section, no provision of any repealed Act that is inconsistent with any express provision of this Act shall, by virtue of that subsection, continue to have effect.
18 Awards and agreements
Every award and every agreement relating to the terms and conditions of employment of employees in the Health Service which was in force immediately before the commencement of this Act shall continue in force after the commencement of the 1st day of April 1988 notwithstanding any of the other provisions of this Act. Any such award or agreement shall have effect according to its tenor.
19 Determinations and orders
(1)
Every determination and every order of the Arbitration Commission or the Labour Court, being a determination or order relating to terms and conditions of employment of employees of the Health Service, which was made under the Health Service Personnel Act 1983 or the Hospitals Act 1957 or the State Services Conditions of Employment Act 1977 and which was in force immediately before the commencement of this Act,—
(a)
Shall continue in force, except so far as other provision is duly made under this Act fixing the terms and conditions of employment to which that determination or order relates; and
(b)
Shall be deemed to be an award or an agreement registered under Part VII of the Labour Relations Act 1987; but
(c)
The rates of remuneration included in a determination or order deemed by this subsection to be an award or an agreement registered under Part VII of the Labour Relations Act 1987 shall be paid rates.
(2)
An award or an agreement fixing terms and conditions of employment of the employees in the Health Service may be delivered to the Arbitration Commission for registration under Part VII of the Labour Relations Act 1987 at any time before the close of the 30th day of June 1988.
(3)
Except as provided in subsection (6) of this section, where an award or agreement fixing terms and conditions of employment of employees of the Health Service has not been delivered to the Arbitration Commission for registration before the close of the 30th day of June 1988, no award or agreement fixing conditions of employment of those employees may be registered until after the expiry date of the determination or order deemed to be an award or agreement under subsection (1) of this section.
(4)
Where any dispute arises between the parties over any matters to be incorporated into the award or agreement that will supersede a determination that is deemed by this section to be an award or agreement, either party may, before the close of the 30th day of June 1988, invoke the disputes procedure set out in the Sixth Schedule to the Labour Relations Act 1987.
(5)
In making a decision on the dispute, the disputes committee or the Labour Court shall determine—
(a)
Whether the matter or matters in dispute are identical terms or conditions of employment to which section 17 of this Act applies; and
(b)
If so, whether they should be incorporated in the proposed award or agreement.
(6)
Where, as at the close of the 30th day of June 1988, the only matters not settled in relation to the completion of an award or agreement are matters that have been referred to a disputes committee under subsection (4) of this section, that award or agreement may, notwithstanding any of the other provisions of this section, be delivered to the Arbitration Commission for registration forthwith upon the decision of the disputes committee or the Labour Court being advised to the parties.
(7)
Except as provided in subsection (8) of this section, every award or agreement registered by the Arbitration Commission under this section shall come into force on the 1st day of July 1988.
(8)
The State Services Commission may make an adjustment, with effect from the commencement of the 1st day of April 1988, to the salaries of any person or group of persons who, at the commencement of this Act,—
(a)
Held positions to which section 12(1)(a) of the Higher Salaries Commission Act 1977 applied; or
(b)
Belonged to a group or class of employees whose salary scale had been the subject of an adjustment that took effect on the 10th day of November 1987 but who have not received an adjustment of at least 7 percent to their salaries as a result of that adjustment.
(9)
Any such adjustment made by the State Services Commission under subsection (8) of this section shall be incorporated into the award or agreement that is to come into force on the 1st day of July 1988.
(10)
Except where there is only one employer involved, every document registered under this section shall be an award.
20 Clauses relating to disputes of rights and personal grievances
Every determination or order deemed to be registered under Part VII of the Labour Relations Act 1987 by section 19 of this Act shall be deemed to include—
(a)
With effect from the commencement of the 1st day of April 1988, the clauses set out in the Sixth Schedule to that Act (which clauses relate to disputes of rights); and
(b)
With effect from the commencement of the 1st day of July 1988, the clauses set out in the Seventh Schedule to that Act (which clauses relate to settlement of personal grievances).
21 Expiry date of determinations and orders
Every determination or order—
(a)
Deemed to be registered under Part VII of the Labour Relations Act 1987 by section 19(1) of this Act; or
(b)
Delivered for registration under section 19(2) or (6) of this Act,—
shall be deemed to include an expiry date which shall be the first date upon which any of the conditions of employment contained in that determination or order could have been amended under section 6 of the State Services Conditions of Employment Act 1977 other than by way of amending determination under section 24 of the State Services Conditions of Employment Act 1977.
22 Mandatory registration
(1)
Any award or agreement delivered to the Arbitration Commission for registration under section 19 of this Act shall, subject to subsection (2) of this section, be registered by the Arbitration Commission notwithstanding that the award or agreement does not comply with the requirements of section 150 or section 164 of the Labour Relations Act 1987.
(2)
Notwithstanding subsection (1) of this section, an award or agreement to which that subsection applies may not be registered if any matter contained in it is contrary to any enactment.
23 Recognition of service organisations as unions
(1)
Every organisation recognised immediately before the commencement of this Act as a service organisation under the State Services Conditions of Employment Act 1977 shall be deemed to be registered under the Labour Relations Act 1987 as a union of workers with the coverage recognised under the State Services Conditions of Employment Act 1977 on the 31st day of March 1988, notwithstanding that it may have fewer than 1,000 financial members, and section 30 of the Labour Relations Act 1987 shall apply to each such organisation accordingly.
(2)
For the purposes of this section, the New Zealand Medical Association and the New Zealand Hospital Boards Dental Surgeons Association shall each be deemed to have been recognised immediately before the commencement of this Act as a service organisation under the State Services Conditions of Employment Act 1977 in relation to the class or group of persons that it represented before the commencement of this Act under section 12 of the Health Service Personnel Act 1983.
24 Union rules
(1)
Every union that is deemed to be registered under the Labour Relations Act 1987 by section 23 of this Act shall, within the period of 12 months beginning on the 1st day of April 1988, amend its rules so as to ensure that they comply with the requirements as to rules of unions contained in that Act, and any amendment made to the rules after the date of commencement of this Act shall so comply.
(2)
If at the end of the period of 12 months specified in subsection (1) of this section, the Registrar of Unions is satisfied that any rule or rules of any union or employers organisation do not comply with the requirements of the Labour Relations Act 1987, the Registrar may amend the rule or rules so as to ensure that it or they comply with those requirements, but any union or organisation affected by such an amendment may appeal to the Labour Court against the Registrar’s decision to amend or against any part of that decision.
(3)
Nothing in this section affects the immediate application, as from the commencement of this Act, of those sections of the Labour Relations Act 1987 which deem certain rules to be included in the rules of unions.
(4)
The Registrar of Unions shall not exercise the power conferred by section 40(2) of the Labour Relations Act 1987 in respect of any union rules that are in force at the date of commencement of this Act until the expiration of the period of 12 months specified in subsection (1) of this section.
25 Deferring operation of sections of Labour Relations Act 1987
(1)
Sections 49 and 52 of the Labour Relations Act 1987 shall not, until the 1st day of April 1989, apply in respect of any organisation that has been deemed to be a union by section 23 of this Act.
26 Union membership
(1)
Where, at the commencement of this Act, any determination contains a membership clause, that clause shall continue to have effect according to its tenor notwithstanding—
(a)
The repeal of the provisions under which it was made; and
(b)
The provisions of the Labour Relations Act 1987 relating to the insertion of union membership clauses in awards or agreements.
(2)
The provisions of the Labour Relations Act 1987 relating to union membership clauses shall apply in respect of the insertion of any union membership clause in any award or agreement after the commencement of this Act, including the replacement of any membership clause to which subsection (1) of this section applies.
(3)
Every service organisation that is deemed to be a union by section 23 of this Act shall, for a period of 12 months beginning on the 1st day of April 1988, have exclusive and unchangeable coverage of the persons in respect of whom it was recognised under the State Services Conditions of Employment Act 1977 immediately before the commencement of this Act.
27 Causes of action
(1)
All matters and proceedings commenced under or in accordance with the State Services Conditions of Employment Act 1977 or the Labour Relations Act 1987 and pending or in progress at the commencement of this Act may, subject to subsection (2) of this section, be continued and completed as if this Act had not been passed.
(2)
Any matter or proceeding that is continued and completed under subsection (1) of this section may be continued and completed by or against the State Services Commission as if it were the Health Service Personnel Commission.
28 Rights of employees of Health Service
Notwithstanding the repeal of the Health Service Personnel Act 1983, the provisions of sections 27 to 29 and 61a and Part III (other than section 38) of that Act shall, until the close of the 30th day of June 1988, continue to apply to employees in the Health Service as if this Act had not been passed.
29 Grading reviews of employees of Health Service
(1)
Notwithstanding anything in this Act, if, immediately before the 1st day of July 1988, any person has lodged an application under section 27 of the Health Service Personnel Act 1983 for a review of the grading of the position that that person occupied, the provisions of that Act, so far as they are applicable to such an application and any rights of review or rights of appeal flowing therefrom, shall continue to apply to that application and to any such rights of review and appeal as if the Health Service Personnel Act 1983 had not been repealed by this Act and as if all references to the Health Service Personnel Commission were references to the State Services Commission.
(2)
The decision on any application for review shall be implemented by the general manager of the board affected in the same manner as if the Health Service Personnel Act 1983were still in force and as if that general manager were the Commission.
(3)
The State Services Commission shall, for a period of 1 year from the commencement of this Act be responsible for ensuring that positions or persons in the Health Service are graded according to the level of responsibility and skill required to be exercised in the performance of the duties allocated to that person or position. In performing this function the Commission shall consult with the general manager of the board or boards affected.
30 Appeal rights of employees of Health Service
(1)
Notwithstanding anything in this Act if, immediately before the 1st day of July 1988, an appeal under section 37 or section 39 or section 40 of the Health Service Personnel Act 1983 is pending or if there is a right to such an appeal, the provisions of that Act, so far as they are applicable, shall continue to apply to that appeal as if the Health Service Personnel Act 1983 had not been repealed.
(2)
Notwithstanding anything in this Act, if, immediately before the 1st day of April 1988,—
(a)
An appeal under section 38 of the Health Service Personnel Act 1983 is pending; or
(b)
There is a right to such an appeal,—
the provisions of that Act, so far as they are applicable, shall continue to apply to that appeal as if the Health Service Personnel Act 1983 had not been repealed.
(3)
The decision on any appeal to which subsection (1) or subsection (2) of this section applies shall be binding on the employee, the board, and on any general manager who may be affected, and shall be implemented as if the Health Service Personnel Act 1983 were still in force.
31 Repeal
The Area Health Boards Amendment Act 1985 is hereby consequentially repealed.
This Act is administered in the Department of Health.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Area Health Boards Amendment Act 1988
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