[6A. Part-time Deputy Medical Officers of Health---(1) Notwithstanding
anything in section 6 of this Act, but subject to subsection (3) of this
section, the Minister may from time to time appoint any person who is
employed or is to be employed as a medical officer by [[an area health
board or]] a Hospital Board, and [[who is suitably experienced and
qualified in community medicine]], to be a Deputy Medical Officer of
Health in a part-time capacity.
(2) No person appointed to be a Deputy Medical Officer of Health under
subsection (1) of this section shall be deemed by reason of that
appointment to be employed in the Public Service for the purposes of the
State Services Act 1962 or in the Government service for the purposes of
[[the Government Superannuation Fund Act 1956]].
(3) No appointment shall be made under subsection (1) of this section
except with the written consent of the person proposed to be appointed
and pursuant to an agreement between the Minister and [[the area health
board or]] the Hospital Board employing that person, which agreement---
(a) Apportions the periods of duty to be performed by that person
between the service of [[the area health board or]] the Hospital
Board and service as a Deputy Medical Officer of Health; and
(b) Provides for the payment by the Crown to [[the area health board
or]] the Hospital Board, towards the remuneration of that
person, of such sums as may be agreed, or of sums calculated in
such manner as may be agreed, between the Minister and [[the
area health board or the Hospital Board]]; and
(c) Contains such other terms and conditions, if any, as the Minister
or [[the area health board or the Hospital Board]] may require.
(4) Notwithstanding anything in the [[Health Service Personnel Act
1983 or the Area Health Boards Act 1983 or the Hospitals Act 1957, or in
any regulation or determination made under any of these Acts, the area
health board or]] the Hospital Board employing a person, who is
appointed to be a Deputy Medical Officer of Health under this section,
shall grant to that person leave of absence on full pay, without
deduction from the amount of such leave to which he may otherwise be
entitled, to the extent necessary to enable him to perform the duties of
that appointment.
(5) Any agreement under subsection (3) of this section may be
terminated by 3 months' notice in writing given either by the Minister
to [[the area health board or]] the Hospital Board or by [[the area
health board or]] the Hospital Board to the Minister, and, on the
expiration of any such notice, or on such earlier date as may be agreed
between the Minister and [[the area health board or the Hospital
Board]], the person appointed pursuant to that agreement shall cease to
be a Deputy Medical Officer of Health appointed under this section,
without prejudice to his reappointment under this section or to his
appointment in any capacity under section 6 of this Act.
(6) Any person appointed to be a Deputy Medical Officer of health
under this section may resign that appointment by giving 3 months'
notice in writing to the Minister.
(7) Notwithstanding anything in subsection (5) or subsection (6) of
this section, any person appointed to be a Deputy Medical Officer of
Health under this section may be summarily dismissed by the Minister,
if, in the opinion of the Minister, he has misconducted himself or is
unfit to perform the duties of a Deputy Medical Officer of Health, and
shall be so dismissed if he ceases to be registered as a medical
practitioner, or is suspended from practice as a medical practitioner,
under the Medical Practitioners Act 1968.
(8) No appointment of a person as a Medical Officer purporting to be
made by [[an area health board or a Hospital Board]] shall be unlawful
only by reason of the fact that, at the time of that appointment, [[the
area health board or Hospital Board]] intends to make the services of
that person available to the Minister for the purposes of this section.]
This section was inserted by s. 2 of the Health Amendment Act
1975.
In subs. (1) the words in the first set of double square brackets
were inserted by s. 98 of the Area Health Boards Act 1983. The words
in the second set of double square brackets were inserted by s. 8 of
the Health Amendment Act 1987.
In subs. (2) the reference to the Government Superannuation Fund
Act 1956 was substituted for a reference to the Superannuation Act
1956 by s. 3 (3) of the Government Superannuation Fund Amendment Act
1976.
In subs. (3) the words ``the area health board or'' were inserted,
in 3 places, by s. 98 of the Area Health Boards Act 1983. In para.
(b) the words in the second set of double square brackets, and in
para (c) the words in double square brackets, were substituted for
the words ``the Board'' by s. 98 of that Act.
In subs. (4) the words in double square brackets were substituted
for the words ``Hospitals Act 1957, or in any regulation or
determination made under that Act,'' by s. 98 of the Area Health
Boards Act 1983.
In subs. (5) the words ``the area health board or'' were inserted,
in 2 places, and the words ``the area health board or the Hospital
Board'' were substituted for the words ``the Board'', by s. 98 of
the Area Health Boards Act 1983.
In subs. (8) the words in the first set of double square brackets
were substituted for the words ``a Hospital Board under the
Hospitals Act 1957'', and the words in the second set of double
square brackets were substituted for the words ``the Board'', by s.
98 of the Area Health Boards Act 1983.