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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-12-03 Daily Xml
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Bills

Health Care (Governance) Amendment Bill

Committee Stage

In committee.

(Continued from 1 December 2020.)

Clause 14.

The Hon. S.G. WADE: I move:

Amendment No 3 [HealthWell–1]—

Page 7, after line 14—Insert:

(1) Section 34(2)—delete 'employing authority' and substitute:

Chief Executive

Amendment No 4 [HealthWell–1]—

Page 7 after line 14—Insert:

(2) Section 34—after subsection (2) insert:

(2a) For the purposes of subsection (2), the Chief Executive must issue policies and directives relating to terms and conditions of employment of persons appointed under subsection (1).

These government amendments amend clause 14 of the bill and section 34 of the act so the terms and conditions of employment of LHN staff and any related policies are fixed by the chief executive rather than the employing authority. As the chief executive is the employing authority of LHN staff, except SA Pathology, this is in effect a status quo position.

Through consultation, it was apparent that key industrial bodies representing our LHN staff supported the retention of the chief executive as the employing authority. The government has assured industrial bodies that we fully support this position. That is why this amendment is being filed at the suggestion, through consultation with the Australian Nursing and Midwifery Federation, to strengthen this commitment and demonstrate our commitment to the ongoing position of the chief executive as the employing authority.

Amendments carried; clause as amended passed.

Clause 15 passed.

New clause 15A.

The Hon. S.G. WADE: I move:

Amendment No 5 [HealthWell–1]—

Page 7, after line 28—After clause 15 insert:

15A—Insertion of section 52A

After section 52 insert:

52A—SAAS workforce culture and staff wellbeing

SAAS must—

(a) promote a healthy workforce culture for and among staff employed to work within SAAS; and

(b) implement measures to provide for and promote the health, safety and wellbeing of those staff within the workplace (including the psychosocial health, safety and wellbeing of staff); and

(c) implement policies issued by the Chief Executive on workforce health, safety and welfare (including policies on workforce harassment and bullying), so far as those policies apply to SAAS.

I suggest that this amendment is almost consequential in the sense that consistently we have been putting on different elements of the government's framework of responsibility to support workforce culture and staff wellbeing. I am happy to address the clause; I am also happy if the council is willing to take that as consequential. I will therefore address the clause.

This government amendment inserts clause 15A into the bill and section 52A into the act, to insert an obligation on the South Australian Ambulance Service so that the culture and wellbeing of the workers within SAAS is a focus of the entity. This amendment has been filed following discussions with Dr Chris Moy, the President of the South Australian Branch of the Australian Medical Association, who approached me to seek my consideration of such an amendment with respect to LHN governing boards.

The government is committed to improving workplace culture and staff wellbeing, as well as stamping out bullying and harassment. That is why we are more than willing to work with Dr Moy to accommodate this request, and we have taken it one step further because we seek to impose the same standard for SAAS.

As part of SA Health's commitment to promoting a positive and professional working environment and a culture of respect, I am advised that a review of the respectful behaviours policy directive has taken place, and a new prevention and management of workplace bullying and harassment policy directive has been drafted for consultation. These policy directives will be used by the chief executive of the department to apply across SA Health, and it will be the responsibility of SAAS to implement it in its workplace.

New clause inserted.

Clause 16 passed.

Clause 17.

The Hon. S.G. WADE: I move:

Amendment No 6 [HealthWell–1]—

Page 9 after line 29—Insert:

(3) Section 93(5)—delete 'Mental Health Act 1993' and substitute:

Mental Health Act 2009

This simply seeks to update a reference in the bill to a current act rather than a repealed act.

Amendment carried; clause as amended passed.

The CHAIR: We now come to amendment No. 6 [Maher-1], the proposed insertion of a new clause 17A.

The Hon. K.J. MAHER: I will not be moving the amendment.

Clause 18 passed.

Clause 19.

The Hon. T.A. FRANKS: This will be consequential on my suite of oppositions to the clause on the removal of the Health Performance Council. By doing what the chamber has previously done, it would be a consequential vote to support the retention of the Health Performance Council by removing this clause.

The Hon. S.G. WADE: The government has the same understanding.

Clause negatived.

Clause 20.

The Hon. T.A. FRANKS: This is consequential and the same argument applies.

Clause negatived.

Clause 21.

The Hon. K.J. MAHER: I move:

Amendment No 7 [Maher–1]—

Page 10, after line 12—After subclause (2) insert:

(2a) Schedule 3—after clause 5 insert:

5A—Requirement to publish

The Minister must—

(a) within 14 days of an appointment of a member of a governing board; or

(b) within 14 days of a removal of a member of a governing board,

publish a notice in the Gazette setting out the appointment or removal (as the case requires).

This is a simple and uncontroversial amendment. It simply requires the publication in the Gazette of any appointment and, importantly, removal of board members. Since the governing boards have been established, we have seen a number of board members and chairs vacate their positions. This is a very simple amendment. It means there is transparency not just in the appointment but when board members leave.

The Hon. S.G. WADE: The government supports the amendment.

Amendment carried; clause as amended passed.

Clause 22 passed.

Clause 23.

The Hon. T.A. FRANKS: This is consequential.

Clause negatived.

Schedule and title passed.

Bill reported with amendment.

Third Reading

The Hon. S.G. WADE (Minister for Health and Wellbeing) (11:14): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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