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Western Cape Health Facility Boards and Committees Act, 2016
Act 4 of 2016
- Published in Western Cape Provincial Gazette 7648 on 5 July 2016
- Assented to on 30 June 2016
- Commenced on 7 December 2017 by Western Cape Health Facility Boards and Committees Act, 2016: Commencement
- [This is the version of this document from 5 July 2016 and includes any amendments published up to 1 March 2024.]
1. Definitions
In this Act, unless the context indicates otherwise—"auditor" means a person registered as an auditor in terms of the Auditing Profession Act, 2005 (Act 26 of 2005);"Board" means a board established in terms of section 4(1);"central hospital" means a hospital designated as such by the national Minister under the National Health Act;"Committee" means a committee established in terms of section 4(4);"Department" means the provincial department responsible for health matters in the Province;"district health council" means a district health council as defined in section 1 of the Western Cape District Health Councils Act, 2010 (Act 5 of 2010);"district health manager" means a district health manager as defined in section 1 of the Western Cape District Health Councils Act, 2010;"existing central-hospital board" means a board appointed under the Western Cape Health Facility Boards Act for a central hospital and existing immediately before the commencement of this Act;"Head of Department" means the head of the provincial department responsible for health matters in the Province;"health facility" means a hospital or primary health care facility;"hospital" means a building, institution or place designated as a hospital by the Provincial Minister in terms of section 3;"member" means a member of a Board or Committee, as the case may be;"National Health Act" means the National Health Act, 2003 (Act 61 of 2003);"national Minister" means the national Minister responsible for health matters;"prescribe" means prescribe by regulation;"primary health care facility" means a building, institution or place designated as a primary health care facility by the Provincial Minister in terms of section 3;"Province" means the Province of the Western Cape;"Provincial Minister" means the Provincial Minister responsible for health matters in the Province;"regulation" means a regulation made under this Act;"representative central-hospital board" means a board appointed by the 35 national Minister under section 41(4) of the National Health Act;"this Act" includes the regulations;"Western Cape Health Facility Boards Act" means the Western Cape Health Facility Boards Act, 2001 (Act 7 of 2001).2. Objects of Act
The objects of this Act are to provide for—3. Designation of hospital or primary health care facility
4. Establishment of Boards and Committees
5. Appointment of members of Board
6. Appointment of members of Committee
7. Eligibility for appointment as a member
8. Term of office of members
9. Vacancies
10. Duties of Boards
11. Powers of Boards
A Board may, in respect of a hospital for which it is established—12. Duties of Committees
A Committee must, in respect of each primary health care facility for which it is established—13. Powers of Committees
14. Alteration of functions of Board or Committee
15. Performance of duties and exercise of powers
16. Measures for cooperation
17. Chairperson and deputy chairperson
18. General support
19. Scheduling of meetings
20. Procedure at meetings
21. Public attendance at meetings
22. Executive committee
23. Specialist committees
24. Raising and utilisation of Board funds
25. Travelling and other allowances
26. Closure of health facility
27. Limitation of liability of members
A member is not liable for anything done in good faith in the performance of a function in terms of this Act.28. Regulations
29. Delegation
30. Transitional provisions in respect of central hospitals
31. Repeals and savings
32. Short title and commencement
This Act is called the Western Cape Health Facility Boards and Committees Act, 2016, and comes into operation on a date determined by the Premier by proclamation in the Provincial Gazette.History of this document
07 December 2017
05 July 2016 this version
30 June 2016
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Regulations Relating to the Criteria and Process for the Clustering of Primary Health Care Facilities, 2017 | Provincial Notice 218 of 2017 |
Regulations Relating to the Financial Governance of Health Facility Boards and Committees, 2017 | Provincial Notice 217 of 2017 |
Regulations Relating to the Procedures for the Nomination of Members for Appointment to Boards and Committees, 2017. | Provincial Notice 219 of 2017 |