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Health Act 1956  065
Commenced: 1 Jan 1957
I: Administration
Department of Health
6A   Part-time Deputy Medical Officers of Health




   [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.
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