Hospitals Amendment Act 1986
Hospitals Amendment Act 1986
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Hospitals Amendment Act 1986
Public Act |
1986 No 17 |
|
Date of assent |
6 June 1986 |
|
Contents
An Act to amend the Hospitals Act 1957
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Hospitals Amendment Act 1986, and shall be read together with and deemed part of the Hospitals Act 1957 (hereinafter referred to as the principal Act).
2 Interpretation
(1)
Section 2 of the principal Act (as amended by section 4(2) of the Hospitals Amendment Act 1980) is hereby further amended by omitting the definitions of the terms “access”
, “authorised”
, and “computer system”
, and inserting, in their appropriate alphabetical order, the following definitions:
“‘Authorised’,—
“(a)
In relation to a health computer system under the control of the Director-General, means authorised by him; and
“(b)
In relation to a health computer system under the control of a Board, means authorised by that Board:
“‘Health computer system’ means any system of computers and terminals—
“(a)
Under the control of the Director-General; or
“(b)
Part of which is under the control of the Director-General and part of which is under the control of a Board; and includes any part of any such system:
“‘To operate’, in relation to any health computer system, means to—
“(a)
Enter information into; or
“(b)
Modify information stored in; or
“(c)
Delete information from; or
“(d)
Retrieve information from—
that system; and ‘operation’ has a corresponding meaning:
“‘Terminal’, in relation to any health computer system, means any device or apparatus by the use of which any person may operate that system:”.
(2)
The said section 2 is hereby further amended by adding, as subsection (2), the following subsection:
“(2)
Where there is under the control of a Board any computer or terminal that is connected to a health computer system from time to time only,—
“(a)
When it is so connected, it shall be deemed to be part of that system; and
“(b)
When it is not so connected, it shall be deemed not to be part of that system.”
(3)
Section 62(9) of the principal Act is hereby consequentially amended by omitting the words “the computer system”
, and substituting the words “a health computer system”
.
3 Election of representatives of constituent districts
Section 29 of the principal Act is hereby amended by inserting, after subsection (2), the following subsections:
“(2a)
Subject to subsection (2e) of this section, the representatives on a Board of a constituent district shall be elected by the electors of the whole of that district.
“(2b)
This subsection applies to every constituent district (not being a combined district) of a Board that is the district of a District Council—
“(a)
Formed by the amalgamation of—
“(i)
One or more Borough Councils and one or more County Councils; or
“(ii)
Two or more County Councils; and
“(b)
For the time being required by the Local Government Act 1974 to be elected at the next general election of that council—
“(i)
By the electors of each ward of that district; or
“(ii)
Partly by the electors of that district as a whole and partly by the electors of each ward of that district.
“(2c)
Subject to subsection (2d) of this section, the Governor-General may, by Order in Council, made on the recommendation of the Minister, direct the election of representatives on a Board of a constituent district to which subsection (2b) of this section applies—
“(a)
By the electors of each ward of that district; or
“(b)
Partly by the electors of that district as a whole and partly by the electors of each ward of that district; or
“(c)
Where the election of representatives on a Board of such a district is for the time being required to be in accordance with paragraph (a) or paragraph (b) of this subsection, the election of those representatives by the electors of that district as a whole;—
and shall, in respect of an Order in council under paragraph (a) or paragraph (b) of this subsection, also specify—
“(d)
Whether or not any wards are to be combined for the purpose of elections held in accordance with that order; and
“(e)
The number of representatives to be elected by each ward and combined ward.
“(2d)
The Minister shall not recommend the making of an Order in Council under subsection (2c) of this section unless the Board concerned has, since the last election of representatives, by special resolution recommended to the Minister that the Minister should do so.
“(2e)
Where an Order in Council is made under subsection (2c) of this section, all elections of representatives on the Board concerned of the constituent district concerned held more than 3 months after the commencement of that order shall be held in accordance with it.
“(2f)
An order made under section 26(2) of this Act may amend an order made under subsection (2c) of this section, so far as it relates to the matters specified in paragraph (d) or paragraph (e) of that subsection.”
4 Appointment and dismissal of employees
Section 49 of the principal Act (as substituted by section 65(1) of the Health Service Personnel Act 1983) is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
A Board may, either absolutely or subject to conditions, delegate—
“(a)
To any specified employees of that Board, or to the holders for the time being of specified offices in the service of that Board, the power to appoint any person to any position (other than a position for the time being designated in respect of that Board by Order in Council made under section 20(2) of the Health Service Personnel Act 1983) in the employment of that Board:
“(b)
To the holders of positions for the time being designated in respect of that Board by Order in Council made under section 20(2) of the Health Service Personnel Act 1983 the power to dismiss any person from any position (other than another such position) in the employment of that Board;—
and in that case the following provisions shall apply:
“(c)
Subject to the conditions (if any) subject to which that power was delegated, it may be exercised as if it had been conferred directly and not by delegation:
“(d)
The delegation shall be revocable at will, and shall continue in effect until revoked:
“(e)
In the absence of proof to the contrary, where any person purports to act pursuant to a delegation under this subsection, the action concerned shall be presumed to be in accordance with that delegation:
“(f)
No delegation under this subsection shall affect or prevent the exercise of the power of appointment or dismissal (as the case may be) contained in subsection (1) of this section.”
5 Health computer system
The principal Act is hereby amended by repealing section 62a (as inserted by section 4 of the Hospitals Amendment Act 1980), and substituting the following section:
“62a
“(1)
Where the Director-General or a Board has a health computer system under his or its control, he or it shall take all reasonable steps to ensure that—
“(a)
No person not authorised to have physical access to that system has physical access to it:
“(b)
No person not authorised to operate that system operates it:
“(c)
A record is kept of every occasion on which a person authorised to operate that system operates it, the nature of the operation concerned, and the identity of that person:
“(d)
That system keeps a record of every attempt (whether successful or not) to operate it by a person not authorised to operate it.
“(2)
Subject to subsection (3) of this section, the Director-General may, if he thinks fit, authorise the use of a health computer system for the storage, processing, and retrieval, of fictitious information for all or any of the following purposes:
“(a)
Training officers of the Department of Health or employees of any Board in the use of that system:
“(b)
Testing that system or any part of it:
“(c)
Detecting any misuse of that system (whether or not that misuse amounts to an offence against this Act).
“(3)
All fictitious information stored in a health computer system for a purpose specified in paragraph (a) or paragraph (b) of subsection (2) of this section shall at all times be clearly identified as being for training or testing purposes, and shall be kept distinct from all other information stored in that system.
“(4)
Any use of a health computer system authorised under subsection (2) of this section shall not be an offence against subsection (5) of this section.
“(5)
Every person commits a crime, and is liable on conviction on indictment to imprisonment for a term not exceeding 3 years, who—
“(a)
Knowing that he is not authorised to do so, connects any health computer system to any other computer or any terminal or other installation connected to or forming part of any other computer; or
“(b)
Knowingly falsifies any information stored in a health computer system by the deletion or modification of all or any part of, or the addition of other information to, that information; or
“(c)
Knowing that he is not authorised to do so, enters into or deletes from a health computer system any information; or
“(d)
Knowing that he is required in the course of his duties to do so, wilfully fails or omits to enter any information into a health computer system; or
“(e)
Knowingly provides false information with the intent that it be entered into a health computer system; or
“(f)
Knowing that he is not authorised to do so, operates or attempts to operate a health computer system, whether by means of any device or apparatus that is part of that system or by any other means; or
“(g)
Knowing that he is not authorised to do so, modifies the programming of a health computer system.
“(6)
Nothing in this section shall limit the rights, powers, and duties of the Audit Office in relation to information stored in any health computer system.
“(7)
Notwithstanding subsection (5)(a) of this section, but subject to subsection (8) of this section, no person commits an offence against this Act who, with the consent of the Director-General or a Board, connects a health computer system under his or its control to any other computer, or a terminal or other installation.
“(8)
Neither the Director-General, nor a Board, shall authorise any person to connect a health computer system under his or its control to any other computer, or to any terminal or other installation connected to or forming part of any other computer, unless he or it is satisfied that—
“(a)
That system is or may be malfunctioning; and
“(b)
The other computer concerned is under the control of a specialist in the maintenance and repair of computers; and
“(c)
The connection concerned is necessary to accomplish all or any of the following things:
“(i)
Ascertain whether or not that system is malfunctioning:
“(ii)
Detect malfunctions in that system:
“(iii)
Enable the rectification of any malfunctions in that system;—
and the authorisation concerned shall specify the things for whose accomplishment it is given, and shall expire once they have been accomplished or prove to be impossible or impracticable.”
6 Regulations
(1)
Section 152 of the principal Act is hereby amended by inserting in subsection (2), after paragraph (lm), the following paragraph:
“(ln)
Regulating the operation of health computer systems:”.
(2)
The said section 152 is hereby further amended by repealing subsection (3) (as inserted by section 8 of the Hospitals Amendment Act 1980).
(3)
Section 8 of the Hospitals Amendment Act 1980 is hereby consequentially repealed.
This Act is administered in the Department of Health.
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Versions
Hospitals Amendment Act 1986
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