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Health Workforce Australia Bill 2009

Part 2 Health Workforce Australia


4   Establishment

             (1)  Health Workforce Australia is established by this section.

             (2)  Health Workforce Australia:

                     (a)  is a body corporate; and

                     (b)  must have a seal; and

                     (c)  may acquire, hold and dispose of real and personal property; and

                     (d)  may sue and be sued.

Note:          The Commonwealth Authorities and Companies Act 1997 applies to Health Workforce Australia. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

             (3)  The seal of Health Workforce Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.

             (4)  All courts, judges and persons acting judicially must:

                     (a)  take judicial notice of the imprint of the seal of Health Workforce Australia appearing on a document; and

                     (b)  presume that the document was duly sealed.

5   Functions

             (1)  Health Workforce Australia has the following functions:

                     (a)  to provide financial support for the delivery of clinical training (including simulation training) for the purposes of the health workforce by making payments to or in respect of:

                              (i)  eligible students undertaking or proposing to undertake eligible clinical training; or

                             (ii)  persons providing eligible clinical training or facilities for eligible clinical training;

                     (b)  to provide other support for the delivery of clinical training for the purposes of the health workforce (for example, by providing services for the purpose of matching students with suitable courses providing clinical training);

                     (c)  to carry out research, and collect, analyse and publish data or other information, for the purpose of informing the evaluation and development by the Ministerial Conference of policies in relation to the health workforce;

                     (d)  to develop and evaluate strategies for development of the health workforce;

                     (e)  to advise the Ministerial Conference on matters relating to the health workforce;

                      (f)  such other functions (if any) as may be conferred on it by the regulations.

             (2)  A function may be conferred on Health Workforce Australia by regulations made for the purposes of paragraph (1)(f) only if the Ministerial Conference has requested that the function be conferred on Health Workforce Australia.

             (3)  The Minister may make a legislative instrument specifying:

                     (a)  the kinds of students who are eligible for the purposes of paragraph (1)(a); and

                     (b)  the kinds of clinical training that are eligible for those purposes.

             (4)  Without limiting the generality of subsection (3), the legislative instrument may specify kinds of clinical training by reference to:

                     (a)  specified courses or kinds of courses in which clinical training is provided; or

                     (b)  specified persons or kinds of persons providing clinical training.

6   Powers

                   Health Workforce Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

7   Ministerial directions

             (1)  Health Workforce Australia must perform its functions and exercise its powers in accordance with any directions given to it by the Ministerial Conference in writing.

             (2)  A direction under subsection (1):

                     (a)  must be of a general nature only; and

                     (b)  must not be inconsistent with:

                              (i)  this Act or regulations or instruments under this Act; or

                             (ii)  the Commonwealth Authorities and Companies Act 1997 or regulations or instruments under that Act.

             (3)  The Ministerial Conference must consult the Chair before giving a direction under subsection (1).

             (4)  A direction given by the Ministerial Council under subsection (1) is not a legislative instrument.