Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Rule 2016 (Cth)

Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Rule 2016 I, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following rule.

Dated 27 January 2016

MATHIAS HUBERT PAUL CORMANN Minister for Finance

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Purpose 5 Definitions 6 Responsible Minister 7 Vacancy in the office of Board member or member of a standing advisory committee Part 2—The Australian Digital Health Agency 8 Establishment of the Australian Digital Health Agency 9 Functions of the Agency 10 Powers of the Agency 11 Health Minister may give directions to the Agency 12 The Agency does not have privileges and immunities of the Crown Part 3—The Board 13 Establishment of the Board 14 Functions of the Board 15 Minister may give the Board a statement setting out strategic guidance for the Agency 16 Powers of the Board 17 Delegation by the Board Part 4—The Board members 18 Membership of the Board 19 Appointment of Board members 20 Prerequisites and procedures for appointment of Board members 21 Acting Board Chair 22 Acting Board members 23 Remuneration of Board members 24 Leave for Board members 25 Restrictions on outside employment 26 Resignation of Board members 27 Termination of appointments of Board members 28 Other terms and conditions of Board members Part 5—Procedures of the Board 29 Convening of meetings 30 Quorum 31 Presiding at meetings 32 Voting at meetings 33 Minutes 34 Conduct of meetings 35 Decisions without meetings Part 6—Advisory committees Division 1—Establishing advisory committees Subdivision A—Standing advisory committees 36 Standing advisory committees 37 Acting standing advisory committee members 38 Remuneration and allowances of standing advisory committee members 39 Leave for members of standing advisory committees 40 Outside employment 41 Resignation of standing advisory committee members 42 Termination of appointments of standing advisory committee members Subdivision B—Other advisory committees 43 Board may establish advisory committees Division 2—Clinical and Technical Advisory Committee 44 Membership of Clinical and Technical Advisory Committee 45 Functions of Clinical and Technical Advisory Committee Division 3—Jurisdictional Advisory Committee 46 Membership of Jurisdictional Advisory Committee 47 Function of Jurisdictional Advisory Committee Division 4—Consumer Advisory Committee 48 Membership of Consumer Advisory Committee 49 Functions of Consumer Advisory Committee Division 5—Privacy and Security Advisory Committee 50 Membership of Privacy and Security Advisory Committee 51 Functions of Privacy and Security Advisory Committee Part 7—The Chief Executive Officer 52 Chief Executive Officer 53 Role of the CEO 54 CEO to act in accordance with policies and directions of the Board 55 Appointment of the CEO 56 Acting CEO 57 Outside employment 58 Disclosure of interests 59 Remuneration of the CEO 60 Leave for the CEO 61 Resignation of the CEO 62 Termination of appointment of the CEO 63 Other terms and conditions of the CEO Part 8—Staff and consultants 64 Staff of the Agency etc. 65 Services of other persons to be made available to the Agency 66 Consultants Part 9—Reporting 67 Sharing information with other jurisdictions 68 Board must advise State/Territory Health Ministers of availability of reports, documents and information 69 Board must provide reports, documents and information if requested 70 Board must prepare a national digital health work program Part 10—Finance 71 Application of money by the Agency Part 11—Transitional Division 1—Preliminary 72 Definitions 73 Transfer day Division 2—Transfer of assets and liabilities of NEHTA Limited 74 NEHTA Limited assets and liabilities 75 Transfer of custody of records or documents of NEHTA Limited 76 Certificates relating to vesting of land 77 Certificates for vesting of assets other than land Division 3—Transfer of other matters relating to NEHTA Limited 78 Acts of NEHTA Limited to be attributed to the Agency 79 Legal proceedings of NEHTA Limited 80 References in instruments to NEHTA Limited Division 4—Other matters 81 Exemption from stamp duty and other State or Territory taxes 82 Certificates taken to be authentic 83 First appointments to standing advisory committees 84 Compensation for acquisition of property