f0
Heads of Agreement for the
management, operation and funding
of the
Mersey Community Hospital
between the
COMMONWEALTH OF AUSTRALIA
as represented by the
DEPARTMENT OF HEALTH AND AGEING (ABN 83 605 426 759)
and the
STATE OF TASMANIA
represented by the
DEPARTMENT OF HEALTH AND HUMAN SERVICES
(ABN 11 255 872 006)
1
Status and interpretation
3
2
Agreement period
4
3
Funding for the Project
7
4
Use of Funds
9
5
Management of Funds and bank account
9
6
Specified Personnel and other personnel
9
7
Records and reporting
10
8
Tasmania’s responsibilities
11
9
Liaison
12
10
Access, records and assistance
12
11
Hospital
14
12
Hospital Assets
14
13
Hospital contracts
15
14
Income, expenses, business liabilities and malpractice Claims
17
15
Employees
18
16
Termination
20
17
Repayment of funds
22
18
Indemnity
22
19
Post Agreement Period Issues
24
20
Protection of personal information
25
21
Dispute resolution
26
22
Taxes, duties and government charges
28
23
Notices
28
SCHEDULE
29
ANNEXURE A
34
ANNEXURE B
38
ANNEXURE C
43
ANNEXURE D
52
This Agreement is made
BETWEEN the
COMMONWEALTH OF AUSTRALIA (Commonwealth), as represented by the Department of Health and
Ageing (DoHA) ABN 83 605 426 759
AND the
STATE OF TASMANIA (Tasmania) as represented by the Department of Health and Human Services (DHHS)
ABN 11 255 872 006
RECITALS
A.
As the owner of the Mersey Community Hospital at Latrobe in the North West region of Tasmania, the
Commonwealth seeks to ensure that the people in its catchment area have appropriate access within
clinically appropriate times to a range of safe health care services based on clinical need.
B.
It is the wish of both Parties that the role of the Mersey Community Hospital as a key provider of public
hospital services across the North West region of Tasmania be strengthened and enhanced.
C.
For that purpose, Tasmania has agreed to carry out and deliver the Project, and the Commonwealth has
agreed to provide Tasmania with funding for that purpose, on the terms of this Agreement.
D.
In the course of the Project, the Parties will:
(a)
consistent with safe and contemporary clinical practice, attempt to agree the range of additional
appropriate activities to be carried out;
(b)
look to exploit the opportunity offered by the arrangements described in this Agreement for
elective surgery; and
(c)
subject to both Parties’ budgetary constraints, move to expand the range of services over the
Agreement Period (but affording priority to renal dialysis, rehabilitation and expanded outpatient
services),
at the Mersey Community Hospital.
THE PARTIES AGREE as follows:
1
Status and interpretation
1.1
The Parties intend this Agreement to be immediately legally binding. This Agreement and the Existing
Lease record their entire agreement in respect of the Mersey Community Hospital, its management,
operation and funding, and the clinical, administrative and other support staff employed there.
1.2
In this Agreement, unless the contrary intention appears:
Agreement means this document including the Schedule and Annexures A, B, C and D.
Agreement Period means the period from the Date of this Agreement to the Expiry Date (both inclusive).
Applicable Licensing Legislation means:
(a)
the Health Services Establishments Act 2006 (Tas); or
(b)
such other Law as may at the relevant time govern the licensing of, or the operation of, the Mersey
Community Hospital.
Australian Accounting Standards means the standards by that name formulated by the Australian
Accounting Standards Board under sections 227(1)(b) and (c) of the Australian Securities and Investments
Commission Act 2001 (Clth).
Australian Auditing Standards means the standards set by the Auditor-General under section 24 of the
Auditor-General Act 1997 (Clth) and, to the extent they are not inconsistent with them, generally accepted
Australian auditing principles and practices consistently applied.
Australian Health Care Agreements means the agreements from time to time made under the Health
Care (Appropriation) Act 1998 (Clth) between the Commonwealth and the States and Territories for the
provision of funding, through Special Purpose Payments, in respect of State and Territory public health
care systems, and includes any replacement funding for those States and Territories health care systems
agreed between the Commonwealth and the States and Territories from time to time.
Budget means the budget for Tasmania’s expenditure of the Funds on the Project.
Business Day means any day other than a Saturday or Sunday, or a bank holiday or a public holiday in
either Hobart or Canberra.
Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any
nature however arising and whether present or future, fixed or unascertained, actual or contingent at law, in
equity, under statute or otherwise.
Closing Hospital Assets means the Opening Hospital Assets plus all Equipment and Consumables
acquired by Tasmania (by purchase, lease or otherwise) for use at the Hospital, other than those which have
been stolen, lost, destroyed, used up, consumed or otherwise replaced during the Agreement Period.
Commencement Date means 1 September 2008, or any other date that, subject to the period of notice
required by Clause 15.4, the Parties agree.
Committed, at any time and in respect of Tasmania and any Funds, means that Tasmania is then
contractually obliged to pay them to a Third Party in respect of any of the activities included in the Project,
and Commitment has a corresponding meaning. Except in the definition of “Unspent” and Clauses 3.3(b)
and (d) and 4.1(d), the obligation to make the payment must be:
(a)
evidenced in writing; and
(b)
either unconditional, or conditional only on the Third Party’s performance of its obligations under
the relevant contract.
Consent means prior written consent.
Consumables means goods on hand (including pharmaceuticals) which, by their nature, will be used up or
consumed in the normal course of Hospital operations.
Currently Licensed Premises means any part of the Mersey Community Hospital over which,
immediately prior to the Date of this Agreement, the Commonwealth had granted rights of occupation to
Third Parties.
Date of this Agreement means the date written on the execution page of this Agreement or, if no date or
more than one date is written there, the date on which this Agreement is signed by the last Party to do so.
Dispute Initiation Notice is defined in Clause 21.1.
Dispute Referral Notice is defined in Clause 21.2(b).
Dispute Resolution Process means the process for resolving disputes and differences as set out in Clause
21.
DoHA includes any department or agency of the Commonwealth which is from time to time responsible
for the administration of this Agreement.
Ends means, in respect of this Agreement, terminates or expires.
Equipment means all items of tangible property used (or acquired for use) at the Hospital, other than
Consumables and buildings, improvements and fixtures.
Existing Lease means the lease from the Commonwealth to Tasmania in respect of those parts of the
Mersey Community Hospital known as the “Ambulance Depot”, the “Equipment Technology Library” and
the “Stores Room”.
Expiry Date means 30 June 2011 or any other date the Parties agree in writing.
4
Funding or Funds means the GST exclusive amounts payable by the Commonwealth to Tasmania
(represented for that purpose by the Department of Health and Human Services) according to Item D, and
in any provision of this Agreement except in Clauses 3.1 and 3.2, includes:
(a)
any Interest earned on them (including on any amount referred to in paragraph (b) or (c) of this
definition);
(b)
any amount required to be deposited by Tasmania according to Clause 3.3(d)(i); and
(c)
any Unspent Funds carried over within the Agreement Period according to Clause 3.3(f)(i).
Hospital means, as the context requires:
(a)
(b)
the land, buildings and other improvements and fixtures owned by the Commonwealth at midnight
on the day before the Commencement Date and which together comprise:
(i)
the Mersey Community Hospital; and
(ii)
off-site accommodation listed in Item G (which is used to house persons employed or
engaged at the Mersey Community Hospital); or
the business of a public hospital, including all surgical, clinical, other medical and health-related,
administrative and support activities conducted from time to time at and through the Mersey
Community Hospital and, where the context permits, includes any part of that business.
Hospital Assets means the Opening Hospital Assets, all replacements and other Equipment, and all
Consumables acquired by Tasmania for use at the Hospital and from time to time not consumed.
Hospital Management Rearrangement Date is defined in Clause 19.2.
Hospital Patient means a person:
(a)
seen, examined or treated at the Hospital;
(b)
in respect of, or to or for, whom:
(c)
(i)
a procedure is performed at the Hospital; or
(ii)
any medication or pharmaceutical or other product is prescribed administered or
dispensed at the Hospital; or
who otherwise receives medical care and attention at the Hospital,
in any case whether before, on, or after the Date of this Agreement, and includes a person born at the
Hospital.
Hospital Staff means persons who are employed or engaged at the Hospital, including medical
practitioners with visiting rights.. Hospital Staffer has a corresponding meaning.
Initiating Party is defined in Clause 21.1.
Initiating Party’s Nominee is defined in Clause 21.1(d).
Interest means interest calculated on daily rests at the 90 day bank-accepted bill rate (as notified by the
Reserve Bank of Australia from time to time) less 10 basis points.
Law means any applicable statute, regulation or subordinate legislation and includes the common law and
equitable rules and doctrines.
Liaison Officer, in respect of a Party, means the person from time to time employed by that Party in the
position specified in Item E.
Material means documents, records, software (including source code and object code), goods, images,
information and data stored by any means including all copies and extracts of them.
Nominees is defined in Clause 21.3.
5
Opening Hospital Assets means all the Equipment in Annexure D, and Consumables which immediately
before the Commencement Date:
(a)
are owned by the Commonwealth; and
(b)
are either:
(i)
at the Hospital for consumption solely and exclusively in the Hospital’s operations; or
(ii)
away from the Hospital temporarily, but in the ordinary course are consumed solely and
exclusively in the Hospital’s operations.
Party means a party to this Agreement and Parties means both of them.
Project is defined in Item A.
Recipient is defined in Clause 21.1(c).
Recipient’s Nominee is defined in Clause 21.2(a).
Records includes patient records, documents, receipts, ledgers, invoices, books of account, information
and other data stored by any means, and all copies of them and extracts from them.
Relevant Hospital Staff is defined in Clause 19.9.
Report means a report provided, or to be provided, by Tasmania to the Commonwealth according to this
Agreement.
Services and Financial Plan means the plan from time to time agreed between the Parties to be the
“Services and Financial Plan” for the purposes of this Agreement.
Specified Personnel means the personnel recruited to fill the positions in the Hospital specified in Item F.
Tasmania’s Personnel means:
(a)
the officers, employees and agents of Tasmania;
(b)
each of its contractors; and
(c)
the officers, employees and agents of each of those contractors.
Termination Rights is defined in Clause 16.2(b)(ii)(B).
Third Party means someone other than a Party.
Transferring Hospital Staff is defined in Clause 15.4.
Unspent, at a particular time, means Funds that have not then been spent or Committed by Tasmania.
1.3
Terms defined in the Schedule which are also used elsewhere in this Agreement have the respective
meanings given to them in the Schedule.
1.4
In this Agreement, unless the contrary intention appears:
(a)
words in the singular include the plural and words in the plural include the singular;
(b)
words importing a gender include every gender;
(c)
words importing persons include a body politic, a partnership and a body whether corporate or
otherwise;
(d)
Clause and Item headings, and the recitals, do not affect interpretation;
(e)
where any word or phrase is given a defined meaning, any other form of that word or phrase has a
corresponding meaning;
(f)
an uncertainty or ambiguity in the meaning of a provision of this Agreement will not be
interpreted against a Party just because that party prepared or proposed the provision;
6
1.5
(g)
references to any statute or other legislation (whether primary or subordinate) is to that statute or
other legislation as amended from time to time; and
(h)
references to a Clause are to a clause in this Agreement, references to an Item are to an item in
the Schedule, references to the Schedule are to the schedule to this Agreement, and references to
an Annexure are to an annexure to this Agreement.
If there is any inconsistency between:
(a)
a Clause and any Item, the Clause will prevail to the extent of the inconsistency;
(b)
a Clause and anything in an Annexure, the Clause will prevail to the extent of the inconsistency;
(c)
any Item and anything in an Annexure, then the Item will prevail to the extent of the
inconsistency; and
(d)
any provision of any Services and Financial Plan, and any Clause, Item or Annexure, the Services
and Financial Plan will prevail over that Clause, Item or Annexure, to the extent of the
inconsistency, unless (and except to the extent that), the Services and Financial Plan expressly
provides otherwise.
1.6
This Agreement is to be governed by the Laws in force in the State of Tasmania.
1.7
Subject to Clauses 3 and 16, this Agreement may only be varied by an instrument in writing signed by both
Parties.
1.8
A waiver of any provision of this Agreement is ineffective unless it is in writing and signed by the Party
granting it.
1.9
No waiver of any provision (or of a breach of any provision) of this Agreement waives another breach of
the same or of any other provision of this Agreement.
1.10
If a Party does not exercise, or delays in exercising, any of its rights under this Agreement or at Law, that
failure or delay does not operate as a waiver of those, or any other, rights. A single or partial exercise by a
Party of any of its rights under this Agreement or at Law does not prevent the further exercise of those, or
any other, rights.
1.11
Each Party must perform promptly those of its obligations under this Agreement in respect of which there
is no time fixed for their performance.
1.12
Any reference in this Agreement to Commonwealth contractors or any contractor of or to the
Commonwealth does not include Tasmania, its officers, agents, employees and contractors.
1.13
Except as this Agreement otherwise expressly provides, Tasmania is not, by virtue of this Agreement, the
Commonwealth’s agent or invested with any power or authority to bind or represent the Commonwealth.
1.14
The words at the Hospital when used in this Agreement mean at the Hospital premises or otherwise in the
course of, or in connection with, the business and operations of the Hospital.
2
Extent of this Agreement
2.1
This Agreement commences on the Date of this Agreement and, unless terminated earlier, expires at
midnight on the Expiry Date. However, to avoid doubt, the Commonwealth’s obligation to provide the
Funding, and Tasmania’s obligation to conduct the Project, begin on the Commencement Date.
2.2
Tasmania must not dispose of its rights under this Agreement, or allow an interest in them to arise or exist
in any Third Party, without the Commonwealth’s Consent.
2.3
Tasmania agrees not to consult with any person for the purposes of entering into an arrangement for the
novation of this Agreement without first consulting the Commonwealth
3
Funding for the Project
3.1
Subject to Parliamentary appropriation, the Commonwealth agrees to pay the Funds to Tasmania in the
instalments set out in Item D and otherwise on the terms of this Agreement. Tasmania’s obligations under
this Agreement will cease if no Parliamentary appropriation is made to support this Agreement.
7
3.2
Subject to any contrary provision in any Services and Financial Plan, the amount to be paid by the
Commonwealth to Tasmania for the Project will not exceed the aggregate of the amounts specified in
Item D1.
3.3
If, at any time during the Agreement Period:
(a)
there are Unspent Funds which the Commonwealth reasonably considers should have been spent;
or
(b)
Tasmania spends or Commits any Funds in breach of this Agreement,
then, subject to Clauses 3.3(e) and (f), the Commonwealth may at its discretion:
(c)
(d)
in the circumstances described in Clause 3.3(a), either:
(i)
require Tasmania to repay to the Commonwealth an amount equal to those Unspent
Funds; or
(ii)
defer, withhold or reduce the balance of the Funding yet to be provided by the same
amount; or
in the circumstance described in Clause 3.3(b), either:
(i)
require Tasmania to make good the relevant Funds from its own resources by depositing
the same amount into the bank account referred to in Clause 5 and then expending that
amount only for the purposes of the Hospital (and until Tasmania has done so, its rights to
receive, and the Commonwealth’s obligations to provide, Funding under this Agreement
are suspended); or
(ii)
require Tasmania to pay to the Commonwealth the amount of those Funds and Interest on
them. Interest under this Clause 3.3(d)(ii) accrues daily, is payable on demand and is
calculated from the date on which the Commonwealth requires repayment until the
amount of those Funds and all Interest on that amount is paid in full,
in each case without any reduction in Tasmania’s obligations under this Agreement.
However:
(e)
before exercising any of its rights under Clause 3.3(c) or (d), the Commonwealth must give
Tasmania at least 10 Business Days notice of its intention to do so and will consider in good faith
any submission made by Tasmania during that period in connection with the Commonwealth’s
exercise of those rights; and
(f)
nothing in this Agreement:
(i)
precludes Tasmania from carrying over Unspent Funds with the Commonwealth’s
Consent from one financial year to, and for expenditure in, the next during the Agreement
Period; or
(ii)
obliges the Commonwealth to give any such Consent.
3.4
Without limiting Clause 4.1, it is not necessary for the acquittal of Tasmania’s obligations under that
Clause that the moneys expended or used constitute the proceeds from the Funding, provided that the
amount expended or used (that amount) is not less than the amount of the Funding that Tasmania receives.
The expenditure or use of that amount is an expenditure, application or use of, or payment out of, the Funds
for all the purposes of this Agreement, and references to the expenditure, application or use of, or payment
out of, the Funds, or to Funds being spent, applied, paid or used, are to be interpreted accordingly.
3.5
Nothing in this Agreement requires Tasmania to spend on the Hospital any monies from sources other than
the Funds.
3.6
The Commonwealth must:
(a)
instruct the Commonwealth Grants Commission to prepare its assessment of per capita relativities
for the distribution of the GST revenue pool without reference to the Funding (that is, the Funding
will be quarantined);
8
(b)
not reduce the funding provided to Tasmania under the current or any future Australian Health
Care Agreements or any other health funding arrangement as a result of the Funding; and
(c)
not reduce funding provided to Tasmania under any other current or future funding agreements,
such as Specific Purpose Payments, as a result of the Funding. In agreeing future financial
arrangements between the Commonwealth and Tasmania for any purpose, no regard shall be had
to the Funding.
4
Use of Funds
4.1
Tasmania must:
(a)
perform the Project throughout the Agreement Period according to the terms of this Agreement.
However, from the time that the Parties agree a Services and Financial Plan, this Agreement is to
be read subject to it;
(b)
use its best endeavours to ensure that any Services and Financial Plan is implemented, and subject
to any such plan, this Agreement and every application of the Funding is designed to promote the
availability to the people in the Hospital’s catchment area of appropriate access, within clinically
appropriate times, to a range of safe and cost-effective health care services based on clinical need;
(c)
use the Funds only for the performance of the Project. To avoid doubt, this includes any upgrade
to, or expansion of, the Hospital or its facilities, the replacement of worn or damaged items and
general repairs and maintenance (but not works made necessary by the negligent act or omission
or breach of this Agreement by Tasmania, which (without limiting Clause 18.1) must be paid for
by Tasmania from sources other than the Funds). It also includes the costs of employing the
Specified Personnel, but only to the extent that they are engaged at the Hospital; and
(d)
consult with the Commonwealth and obtain the Commonwealth’s Consent, with regard to
Commitments for expenditure which will or is reasonably likely to be incurred to any extent after
this Agreement Ends.
4.2
The Parties will from time to time meet and consider whether, and the extent to which, they ought to
supplement or amend this Agreement to reflect changes in the circumstances in which the Project is being
delivered. The agreed supplementation or amendment will be included in, and for that purpose the Parties
will negotiate and use their best endeavours to agree, the (or a new) Services and Financial Plan, and that
Services and Financial Plan, and this Agreement, will continue in effect subject to Clause 1.5(d).
5
Management of Funds and bank account
5.1
All Funds received from the Commonwealth must be immediately deposited into an account with an
Australian bank in the name of, and controlled solely by, Tasmania.
5.2
Tasmania must:
(a)
give details of that bank account to the Commonwealth at least 10 Business Days before the first
payment of Funds is scheduled to be made; and
(b)
if the bank account for the Funding changes, notify the Commonwealth in writing within 2
Business Days of the change occurring and provide the Commonwealth with details of the new
bank account.
5.3
Interest earned on the Funds forms part of the Funds and must be dealt with accordingly.
6
Specified Personnel and other personnel
6.1
As soon as is reasonably practicable, Tasmania must recruit a General Manager for the Hospital, and use its
best endeavours to recruit the other Specified Personnel, to work on the Project and in doing so, carry out
and perform the duties normally with the scope of the duties to be discharged by persons in comparable
positions in public hospitals in Australia.
6.2
Where there is a delay in the recruitment of any Specified Personnel or in the commencement of their
employment, or any of the Specified Personnel is unable or unwilling to perform the duties of their position
or their employment ceases, Tasmania agrees to notify the Commonwealth immediately.
9
7
Records and reporting
7.1
Tasmania agrees to provide the Commonwealth with the information and Reports referred to in this Clause
7 and Item C.
7.2
Tasmania must:
(a)
maintain complete, detailed, accurate and up to date records of the conduct of the Hospital and the
performance of its obligations under this Agreement including the receipt and application of Funds
and, in respect of each Hospital Patient, detailed records of the care provided, including diagnoses
made, treatments and medications prescribed and administered, procedures recommended and
performed and monitoring of their progress and recovery, and outcomes. All those records must
be maintained in a manner that will enable them to be conveniently and properly audited;
(b)
keep such other records and accounts as the Commonwealth reasonably requires from time to
time;
(c)
comply with any standards prescribed or instructions given by the Commonwealth from time to
time for the creation, use, care, access, storage, preservation and return or legal destruction of its
accounts and records and any Commonwealth material;
(d)
provide any assistance reasonably requested by the Commonwealth for any administrative or
statutory review, audit or inquiry, any request for information directed to the Commonwealth and
any inquiry conducted by the Parliament (or any Committee of the Parliament) of the
Commonwealth of Australia concerning this Agreement or its subject matter; and
(e)
subject to Clause 10.13, retain copies of all accounts and records for 7 years after:
(i)
this Agreement Ends; or
(ii)
completion of any legal action arising out of or in connection with this Agreement,
whichever occurs last. For the purposes of this Clause 7.2(e), legal action is complete when all
appeal rights are exhausted or time-barred.
7.3
Without limiting Clause 7.2, Tasmania must maintain complete, detailed, accurate and up to date separate
financial records for the Hospital sufficient:
(a)
to identify the use of the Funding;
(b)
to identify all Hospital income and expenditure;
(c)
to prepare financial statements for the Hospital according to the Australian Accounting Standards
as if the Hospital were a separate economic entity;
(d)
to enable those records and financial statements to be audited according to the Australian Auditing
Standards and Clause 10; and
(e)
for Tasmania to substantiate to the Commonwealth’s reasonable satisfaction that the Funding has
been expended or Committed according to this Agreement,
and provide those records and that substantiation to the Commonwealth on reasonable request.
7.4
Tasmania’s obligation to provide the Commonwealth with any information or Report under this Clause 7
or Item C is not discharged unless the information or Report is satisfactory to the Commonwealth, acting
reasonably. The Commonwealth's assessment as to whether a report is satisfactory is subject to
independent assessment at Tasmania’s request by an appropriately credentialed auditor... For the
avoidance of doubt, the dispute resolution process set out in clause 21 applies to disputes arising under this
clause.
7.5
All the information and Reports required by this Clause 7 or Item C (other than that referred to in Item C4)
must be provided promptly after the end of the period to which they relate:
(a)
via DoHA’s “Secure Web Transfer”; and
10
(b)
in the format notified by the Commonwealth to Tasmania from time to time.
7.6
The acquittal and reporting obligations in Clauses 7.1 to 7.5 (both inclusive) and Item C continue in full
force and effect after this Agreement Ends and (for the avoidance of doubt) notwithstanding any Dispute
Resolution Process.
7.7
Tasmania must implement and maintain electronic data processing and transmission systems in respect of
the Hospital such that it can:
(a)
use electronic claiming channels through Medicare Australia, including Medicare Online,
Medicare Easyclaim and Medicare Australia’s Electronic Claim Lodgement and Information
Processing Service Environment (ECLIPSE); and
(b)
integrate with and utilise private health insurers’ electronic claims systems, as appropriate.
7.8
Tasmania must liaise with and assist the Commonwealth in any review or other evaluation of this
Agreement, the Project or the Hospital.
7.9
The Parties may agree to change the information to be supplied by Tasmania from time to time under this
Clause 7 or Item C, taking into account changes in the information other Australian public hospitals
generally are, from time to time, required to provide by Law, under any intergovernmental agreement
between the States and Territories and the Commonwealth or by responsible public hospital administrative
practice.
7.10
Tasmania will promptly notify and fully disclose to the Commonwealth in writing any act, omission, event
or circumstance actual or threatened (including matters relating to the medical or other technical capacity
of Tasmania’s Personnel who are, or are to be, engaged at the Hospital during the Agreement Period) of
which it is, or ought reasonably be, aware which has or might have an adverse effect on the proper
management of the Funds or the Hospital.
8
Tasmania’s responsibilities
8.1
Tasmania agrees to undertake and deliver the Project according to this Agreement, and its responsibility for
doing so will not be affected by any subcontract it makes in connection with the Project.
8.2
Without limiting Clause 8.1, Tasmania must:
8.3
(a)
use the Hospital only for Core Clinical Activities and associated medical and other purposes,
including consulting suites, clinical training, health research and education, health administration
and other uses of a medical nature;
(b)
carry on the Hospital diligently, honestly and, in a professional and competent manner;
(c)
for that purpose, use its best endeavours to employ or engage sufficient experienced and relevantly
trained personnel within the limit of the Funds provided by the Commonwealth;
(d)
in carrying on the Hospital, establish and liaise with, and appoint a representative to, a community
regional advisory body which is to provide key stakeholder engagement with, and guidance to, the
direction and development of health and community services in the North West region of
Tasmania;
(e)
comply with all Laws and responsible public hospital practice in respect of the Hospital and in
relation to any medical, clinical, surgical or other service from time to time provided at the
Hospital; and
(f)
not do or omit to do anything where that act or omission might cause the Commonwealth to be in
breach of the occupancy arrangements for any Currently Licensed Premises.
Tasmania will establish a clinical network of physicians and other health practitioners (clinical services
advisory group), to consider the matters referred to it from time to time by Tasmania, including:
(a)
the nature and extent of the clinical services to be provided in the region; and
(b)
where best the relevant service providers ought be located.
11
Tasmania will keep the Commonwealth fully informed of the recommendations it receives from time to
time from the clinical services advisory group but nothing in this Clause 8.3 requires the Commonwealth to
accept or implement those recommendations or precludes the Commonwealth from obtaining (and acting
on) its own advice on any matter.
8.4
Tasmania:
(a)
is, and remains, liable and responsible for all of its acts and omissions and those of Tasmania’s
Personnel arising out of or in connection with the Hospital (including any act, omission, conduct
or other thing done or proposed to be done by Tasmania with the Funding); and
(b)
agrees that nothing in, or done by the Commonwealth under or in connection with, this Agreement
(including the provision of any Funding), constitutes any form of acknowledgment, approval or
other endorsement by the Commonwealth of anything done, proposed to be done, or omitted to be
done by Tasmania or any of Tasmania’s Personnel in connection with the Hospital.
8.5
To the full extent permitted by Law, Tasmania releases the Commonwealth from, and agrees that the
Commonwealth is not in any way responsible for, any liability or loss arising out of, or any costs, charges
or expenses incurred in connection with, any Claim in any way connected with the Hospital, the Funding or
any act or omission (whether negligent or otherwise) of Tasmania or any of Tasmania’s Personnel in
connection with the Project.
9
Liaison
9.1
Each Party must appoint a Liaison Offer for the purposes of this Agreement.
9.2
The Liaison Officers are to be responsible for the operational co-ordination and management between the
Parties of their respective obligations under this Agreement. Each Party may deal through their own
Liaison Officer with the other Party’s Liaison Officer on all matters relating to this Agreement in the same
manner and to the same extent as they may deal with that other Party.
9.3
The Commonwealth must appoint a representative to the community regional advisory body referred to in
Clause 8.2(d).
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Access, records and assistance
10.1
Subject to Clause 20, Tasmania must give the Commonwealth and its officers (including the AuditorGeneral, the Privacy Commissioner, the Ombudsman and persons authorised in writing by the
Commonwealth, all of whom are referred to in this Clause 10 collectively as those permitted), access to
any premises at which Records or Materials associated with this Agreement are stored or work on the
Project is undertaken, for the purpose of inspecting and copying Records or Materials, in Tasmania’s
possession or control, for any purpose in connection with this Agreement or any review of Tasmania’s
performance under this Agreement (agreed purpose).
10.2
Tasmania must also give those permitted access to any Hospital Assets, wherever they are located, and
reasonable access to its officers, employees, agents and contractors, for the agreed purpose.
10.3
The rights conferred by Clauses 10.1 and 10.2 are subject to:
(a)
the provision of reasonable notice by the Commonwealth;
(b)
access being sought during reasonable times; and
(c)
Tasmania’s reasonable security and infection control procedures and other proper administrative
practices.
10.4
The Commonwealth will provide Tasmania with all medical records in its possession in respect of
medication prescribed, administered or dispensed, treatment prescribed and provided and procedures
performed at the Hospital.
10.5
Tasmania must give those permitted such access during normal business hours to the medical records of
Hospital Patients relating to the period before the Commencement Date as the Commonwealth reasonably
requires for or in connection with any Claim or the discharge of any ministerial or parliamentary reporting
requirements.
For the avoidance of doubt, access includes the provision of copies of documents at no cost to Tasmania.
12
10.6
Tasmania agrees:
(a)
to provide such reasonable assistance as the Commonwealth reasonably requests in respect of any
inquiry into or concerning the Project, the Hospital or this Agreement;
(b)
to comply with its obligations under this Clause 10, irrespective of:
(i)
how and where the records and accounts are stored or located; and
(ii)
in whose custody, possession or control they are;
(c)
in the case of documents and records stored on a medium other than in writing, to make available
to those permitted on request reasonable facilities necessary to enable a legible reproduction to be
created promptly;
(d)
to do everything necessary to comply with the requirements of those permitted in the exercise of
their functions as contemplated by this Clause 10;
(e)
that nothing in this Agreement reduces, limits or restricts any function or right of those permitted.
Their rights referred to in this Agreement are in addition to their other rights; and
(f)
the requirements of this Clause 10 do not in any way reduce Tasmania’s responsibility to perform
its other obligations according to this Agreement.
10.7
Subject to Clause 10.5, each Party must bear its own costs of any inspection and audit.
10.8
In the exercise of their rights under this Clause 10, those permitted must do all that they reasonably can to
avoid unreasonable interference in any material respect with Tasmania’s performance of its obligations
under this Agreement.
10.9
Tasmania must ensure that any contract it enters into for the purposes of this Agreement contains an
equivalent provision allowing those permitted to have the access specified in this Clause 10.
10.10
Tasmania must not transfer, or permit the transfer of, custody or the ownership of or otherwise dispose of,
any Commonwealth record (as defined in the Archives Act 1983 (Clth)) without the consent of the
Commonwealth and the National Archives of Australia.
10.11
If the Commonwealth authorises the transfer of custody of Commonwealth records to Tasmania, Tasmania
must comply with the requirements of the Archives Act 1983 (Clth) in respect of those records.
10.12
Tasmania must comply with any reasonable direction given by the Commonwealth for the purpose of:
10.13
(a)
transferring Commonwealth records to the custody of the National Archives of Australia; or
(b)
providing the National Archives of Australia with full and free access to those records.
Subject to Clauses 10.10 to 10.12 (inclusive), Tasmania will maintain Hospital Patient medical records and
medical malpractice claim records according to all applicable Laws and in any event:
(a)
for at least 7 years after the last date on which the relevant Hospital Patient was a patient at the
Hospital; or
(b)
in obstetric cases, 25 years from the relevant date of birth.
If legal proceedings are brought by or in the name of or for the benefit of any Hospital Patient in
connection with the Hospital, those records must be maintained until any relevant appeal period expires or
for 7 years after judgment is entered, whichever is the longer period.
10.14
Subject to Clause 10.13, this Clause 10 continues in full force and effect for 7 years after this Agreement
Ends.
13
11
Hospital
11.1
The Commonwealth grants (and Tasmania accepts) at Tasmania’s sole risk and expense a non-exclusive
personal licence of the Hospital:
(a)
other than those parts of the Hospital which are:
(i)
from time to time during the Agreement Period leased to Tasmania; or
(ii)
Currently Licensed Premises;
(b)
in their current condition and state of repair;
(c)
subject to all faults and defects (latent and patent);
(d)
for the Agreement Period;
(e)
at a licence fee of $1.00 per annum (payable if and when demanded),
but nothing in this Agreement confers on Tasmania any interest of a proprietary nature in the Hospital.
Tasmania will pay all statutory outgoings and the cost of all services supplied to the Hospital (such as
electricity, gas, water and telephone) and all other costs and outgoings payable by the Commonwealth as
owner of the Hospital.
11.2
Subject to Clauses 11.3 and 11.4, in respect of the Currently Licensed Premises, the Commonwealth
appoints Tasmania its agent for the duration of the Agreement Period to manage administer and exercise all
the Commonwealth’s rights, and to discharge all the Commonwealth’s obligations, under the occupancy
arrangements with the lessees or licensees and other relevant Third Parties, other than rights to receive, and
obligations to pay, money. However, if any amount is received by Tasmania from a Third Party in
connection with Currently Licensed Premises, it will be paid promptly to the Commonwealth.
11.3
Tasmania’s appointment as the Commonwealth’s agent under Clause 11.2 ends when this Agreement Ends.
11.4
Tasmania must not make or allow to be made any structural alterations or additions to the Hospital without
the Commonwealth’s Consent. For this purpose, an alteration or addition is “structural” if it affects the
load-bearing elements essential to the strength and stability of any building, and the load-bearing part of
any roof, included in the Hospital.
11.5
Subject to Clause 11.4, Tasmania must:
(a)
having regard to the state and condition of the Hospital on the Commencement Date, keep, and at
the End of this Agreement deliver up, the Hospital in good repair in a clean and tidy condition and
in all other respects in a safe condition appropriate for the conduct of the business of a public
hospital. For the avoidance of doubt, but subject to Clause 11.5(b), nothing in this Clause 11.5(a)
requires Tasmania to improve the state and condition of the Hospital to a state and condition
superior to that subsisting on the Commencement Date;
(b)
despite Clause 11.5(a), Tasmania must effect those repairs and replacements the need for which
was caused or contributed to by the negligent act or omission or wilful default of Tasmania or any
of Tasmania’s Personnel.
11.6
The Commonwealth and any person authorised by it may enter and inspect the Hospital at all reasonable
times after giving reasonable notice, but in doing so must observe all clinical hygiene and safety Laws,
protocols and procedures in force at the Hospital from time to time.
12
Hospital Assets
12.1
The Commonwealth transfers to Tasmania on the Commencement Date all of its right, title and interest in
the Opening Hospital Assets.
12.2
The Commonwealth will deliver the Opening Hospital Assets to Tasmania by leaving them at the Hospital,
or at the place where they are otherwise then located, on the Commencement Date. Title will then pass to
those of the Opening Hospital Assets the title of which is transferable by delivery. Any other of the
14
Opening Hospital Assets the title to which is not effectively vested in Tasmania on the Commencement
Date will be held by the Commonwealth on trust for Tasmania.
12.3
12.4
Tasmania accepts the Opening Hospital Assets:
(a)
in their current condition and state of repair (and in the case of medications and Consumables
(including blood products), whether within or beyond their respective expiry dates), and subject to
all faults and defects (latent and patent); and
(b)
without any warranty or other obligation or liability about or in connection with title, description,
quality, condition or fitness for purpose.
Tasmania must:
(a)
maintain a register of all Hospital Assets recording the date of acquisition or lease, the purchase
price (or in the case of any Hospital Asset which is leased, the term of the lease and the rent and
residual value), their description (including serial number and location), the amount of the Funds
used to acquire them, the extent remaining of their economic life and (where relevant) details of
their disposal (including the sale price); and
(b)
as and when requested during the Agreement Period, and without request promptly after this
Agreement Ends, give the Commonwealth a copy of the register of Hospital Assets (certified by a
responsible officer as correct and up to date if the Commonwealth requires).
12.5
Tasmania must use the Hospital Assets only for the Hospital’s purposes, and keep them safe, secure and in
good repair and in all respects in a condition suitable for use for their intended purpose.
12.6
Tasmania must promptly:
(a)
repair worn or damaged Hospital Assets; and
(b)
replace Hospital Assets that are stolen, lost, destroyed or otherwise disposed of, or the repair of
which is unsafe, impractical or uneconomic.
Repairs must be fully warranted by the repairer. Replacements acquired by Tasmania after the
Commencement Date must be of a quality appropriate for use in a public hospital and acquired on terms
(including warranties as to title, description, fitness for purpose and quality) which, in their scope, extent
and duration, are no less than those generally available to persons acquiring assets of that nature and value
from the relevant supplier.
12.7
If, when this Agreement Ends, the Parties have not made any written agreement to the contrary, then on
and by virtue of the Ending of this Agreement, Tasmania transfers to the Commonwealth (and the
Commonwealth accepts) all of Tasmania’s right, title and interest in the Closing Hospital Assets and must
deliver them to the Commonwealth by leaving them at the Hospital.
Any Closing Hospital Asset the title to which cannot be transferred according to this Clause 12.7 and
which is not the subject of a contract the benefit of which is assigned to the Commonwealth under Clause
13.5, is to be held by Tasmania on trust for the Commonwealth.
12.8
This Clause 12 continues in full force and effect after this Agreement Ends.
13
Hospital contracts
13.1
Subject to Clause 13.2, the Commonwealth assigns to Tasmania all of its rights in respect of each
agreement, arrangement and understanding (contract) which relates (but to the extent only that it relates)
to the Hospital (other than a contract with Tasmania or with a Third Party in respect of Currently Licensed
Premises):
(a)
in whatever form and of whatever nature or kind; and
(b)
to which, on the Commencement Date, it is a party or in respect of which Tasmania then holds its
rights on trust or as nominee for, or otherwise on behalf of, the Commonwealth,
including any lease or licence of residential premises used to accommodate Hospital Staff and held by or
on behalf of or in trust for the Commonwealth.
15
13.2
If a contract of the kind described in Clause 13.1:
(a)
is not effectively assigned to Tasmania on the Commencement Date; or
(b)
cannot be effectively assigned without the consent of a Third Party and they do not consent to the
assignment (or their consent is not obtained) and the contract is not novated to Tasmania,
(unassigned contract) then:
13.3
(c)
the Commonwealth will account to Tasmania for any benefit it receives in relation to that
unassigned contract on or after the Commencement Date which is referable to the Hospital and
will (at Tasmania’s cost) do everything reasonably required by Tasmania to ensure Tasmania
receives that benefit;
(d)
the Commonwealth will pay Tasmania any amount it receives under that unassigned contract on or
after the Commencement Date;
(e)
Tasmania will pay to the Commonwealth any amount which the Commonwealth expends under
that unassigned contract on or after the Commencement Date; and
(f)
the Commonwealth will have no liability to Tasmania for any breach of that unassigned contract
by the Commonwealth or any other party to it.
To facilitate the arrangements described in Clause 13.2:
(a)
the Commonwealth appoints Tasmania as its exclusive agent to perform all of its obligations and
enforce all of its rights under each unassigned contract; and
(b)
in respect of each unassigned contract, Tasmania agrees to:
(i)
perform all of the Commonwealth’s obligations and exercise all of the Commonwealth’s
rights; and
(ii)
administer each of them (including issuing tax invoices) on behalf of the Commonwealth,
until they are assigned or substituted with a new contract between Tasmania and the relevant Third Party.
In particular, Tasmania may, at its own risk and expense, but only at the Commonwealth’s request, assume
and conduct any Claim, or the defence of any Claim, in connection with an unassigned contract, for and on
behalf of the Commonwealth.
All of Tasmania’s costs, charges and expenses of exercising the rights conferred, and discharging the
obligations it agrees to discharge, under this Clause 13.3 are to be paid by Tasmania out of (and the
Commonwealth’s obligation to pay or reimburse Tasmania for those costs, charges and expenses is limited
to) the Funds.
13.4
Promptly after the Commencement Date, Tasmania must prepare and keep current a register of all those
contracts in connection with the Hospital to which it is a party or of which it has the benefit. Tasmania
must provide the Commonwealth with a copy of that register from time to time during the Agreement
Period on request and promptly (without request) after this Agreement Ends (certified by a responsible
officer as correct and up to date, if the Commonwealth requires).
13.5
On and by virtue of the Ending of this Agreement, Tasmania assigns to the Commonwealth (and the
Commonwealth accepts) all of Tasmania’s rights in respect of each contract (which term includes all
agreements arrangements and understandings) which relates (but to the extent only that it relates) to the
Hospital (other than a contract with Tasmania or with a Third Party in respect of Currently Licensed
Premises):
13.6
(a)
in whatever form and of whatever nature or kind; and
(b)
to which, on the date this Agreement Ends, it is a party or in respect of which the Commonwealth
then holds its rights on trust or as nominee for, or otherwise on behalf of, Tasmania.
If a contract of the kind described in Clause 13.5:
(a)
is not effectively assigned to the Commonwealth on the date this Agreement Ends; or
16
(b)
cannot be effectively assigned without the consent of a Third Party and they do not consent to the
assignment (or their consent is not obtained) and the contract is not novated to the
Commonwealth,
(remaining contract) then:
13.7
(c)
Tasmania will account to the Commonwealth for any benefit it receives in relation to that
remaining contract which is referable to the Hospital and will (at the Commonwealth’s cost) do
everything reasonably required by the Commonwealth to ensure the Commonwealth receives that
benefit;
(d)
Tasmania will pay the Commonwealth each amount it receives under that remaining contract after
this Agreement Ends;
(e)
the Commonwealth will pay to Tasmania each amount which Tasmania expends under that
remaining contract after this Agreement Ends; and
(f)
Tasmania will have no liability to the Commonwealth for any breach of that remaining contract by
Tasmania or any other party to it.
The Parties will co-operate in respect of any contract referred to in this Clause 13 so that (unless they both
agree) nothing is done or omitted that is, or is likely to:
(a)
adversely affect the operation or economic effect of that contract;
(b)
be a breach of that contract; or
(c)
give rise to circumstances which would entitle a Third Party to terminate that contract.
13.8
This Clause 13 continues in full force and effect after this Agreement Ends.
14
Income, expenses, business liabilities and malpractice Claims
14.1
The Commonwealth is entitled to all the revenue received in respect of the Hospital before the
Commencement Date, including prepayments, and Tasmania is entitled to all the revenue received in
respect of the Hospital on and after the Commencement Date, and up to and including the End of this
Agreement, in each case irrespective of the period or timing of the event circumstance service or
transaction to which the revenue is attributable.
14.2
Without limiting Clause 14.1, Tasmania may invoice from the Commencement Date all amounts due from
a patient, health fund provider or other person in connection with patient care or treatment at the Hospital
before the Commencement Date. The Commonwealth must pay to Tasmania any amount received by it
after the Commencement Date relating to any of those things promptly after its receipt.
14.3
The Commonwealth is liable for, and must pay, each amount owing to an unpaid supplier of goods or
services to the Hospital where:
(a)
the goods or services have been ordered and delivered or performed, in whole or part; and
(b)
an invoice for the payment of their cost is received by the Commonwealth,
before the Commencement Date.
Tasmania is liable for, and must pay, any amount owing to an unpaid supplier where the goods or services
are first delivered or performed, or an invoice for their cost is first received, on or after the Commencement
Date.
14.4
Except as Clauses 14.6 and 14.7 otherwise provide, Tasmania is liable for, and must discharge, all other
liabilities in connection with the Hospital (other hospital business liabilities).
14.5
From (and including) the Commencement Date, Tasmania will be responsible for the management and
conduct of the defence of, and be responsible for the payment of, each other hospital business liability
(other than a liability referred to in Clause 14.6 or 14.7) at its cost and expense.
14.6
The Commonwealth will continue to be responsible for (and for the management of) all medical
malpractice, public liability and workers compensation Claims arising out of or in connection with any
17
event or circumstance first occurring or first existing in connection with the Hospital (including in the
course of or in connection with the prescription of any medication for, or the diagnosis treatment or care of,
any Hospital Patient) during the period from (and including) 11 am AEST on 23 November 2007 up to (but
excluding) the Commencement Date. However, the Commonwealth’s continuing liability does not affect
its rights, or Tasmania’s obligations, under any indemnity given by Tasmania in favour of the
Commonwealth in respect of those (or any of those) medical malpractice, public liability or workers
compensation Claims, which continues in full force and effect.
14.7
Tasmania will be responsible for (and for the management of) all medical malpractice, public liability and
workers compensation Claims arising out of or in connection with any event or circumstance first
occurring or first existing in connection with the Hospital (including in the course of or in connection with
the prescription or administration of any medication for, or the diagnosis treatment or care of, any Hospital
Patient) at any time either up to (and including) 11 am AEST on 23 November 2007 or during that part of
Agreement Period on and after the Commencement Date. However, Tasmania’s continuing liability does
not affect its rights, or the Commonwealth’s obligations, under any indemnity given by the Commonwealth
in favour of Tasmania in respect of those (or any of those) medical malpractice, public liability or workers
compensation Claims, which continues in full force and effect.
14.8
The Commonwealth and Tasmania must co-operate with one another in the management and defence of
Claims of the kind referred to in Clause 14.6 or 14.7.
14.9
Nothing in this Clause 14 is intended to:
(a)
affect the rights of any insurer;
(b)
relieve either Party of the obligation to obtain the consent of an insurer to a settlement where that
consent is otherwise required; or
(c)
bring about a waiver of legal professional privilege applying to any information or Materials.
Where privileged information is to be provided by either Party to the other, the privileged
information is provided on a confidential basis and for the limited purpose of the Parties
exercising their rights under this agreement, with the intention that the privilege and
confidentiality are preserved.
15
Employees
15.1
Tasmania must offer employment to all Hospital Staff employed or engaged at the Hospital immediately
before the Commencement Date, including those people who have accepted, or who subsequently accept,
an offer of employment at the Hospital made by the Commonwealth before the Commencement Date, on
terms and conditions which:
(a)
in respect of each permanent Hospital Staffer (which expression excludes casuals, locums and
other non-permanent employees, all of whom are listed in Annexure C), are no less advantageous
to them than those on which they are employed or engaged by the Commonwealth at the Hospital
immediately before the Commencement Date; and
(b)
in respect of each Hospital Staffer who is a casual, locum or other non-permanent employees (all
of whom are listed in Annexure C), the same terms and conditions as those on which they are
employed and engaged by the Commonwealth immediately before the Commencement Date,
subject in each case only to the substitution of Tasmania as their employer.
15.2
The Commonwealth must pay to, or for the benefit of, all Hospital Staff:
(a)
(b)
in respect of each pay period ending before the Commencement Date:
(i)
the amount of their wage or salary entitlement; and
(ii)
any elected salary sacrifice amounts; and
in respect of any pay period commencing before, but ending on or after, the Commencement Date:
(i)
the amount of their wage or salary entitlement; and
(ii)
any elected salary sacrifice amounts,
18
attributable to that part of the period ending on (and including) the day before the Commencement
Date.
Each amount referred to in Clause 15.2(a) must be paid by the Commonwealth on the pay date for the
relevant pay period. Each amount referred to in Clause 15.2(b) must be paid by the Commonwealth on the
date which would have otherwise been the pay date for the relevant pay period had the relevant Hospital
Staffer continued to be employed by the Commonwealth at the Hospital.
15.3
The Commonwealth must not, after the Date of this Agreement and before the Commencement Date, enter
into, or agree to enter into, any arrangement or understanding concerning any Hospital Staff except any
hiring:
(a)
which in the Commonwealth’s opinion is essential for the immediate and proper operation of the
Hospital; and
(b)
to which Tasmania has consented (such consent not to be unreasonably withheld).
The Commonwealth must consult with Tasmania, and keep Tasmania informed, of any significant events
affecting any Hospital Staff before the Commencement Date.
15.4
After the Date of this Agreement and before the Commencement Date, the Commonwealth must provide
Tasmania with a current list of all Hospital Staff (other than Seconded Hospital Staff) containing the
following details in respect of each of them:
(a)
their full name;
(b)
the location in the Hospital in which they are employed or engaged;
(c)
their employment classification or position;
(d)
their employment status (permanent, part-time, temporary, causal etc); and
(e)
their wage or salary (and any salary sacrifice arrangements) or other remuneration.
Tasmania must notify the Commonwealth at least 3 Business Days before the Commencement Date of
those Hospital Staff who have accepted Tasmania’s offer of employment (Transferring Hospital Staff).
15.5
On and from the Commencement Date, Tasmania will be solely responsible for all wages, salary, bonuses,
annual leave, sick leave, long service leave and all other forms of leave entitlement of Transferring
Hospital Staff (irrespective of the period to which the entitlement is referrable), including rostered days off
and time off in lieu, and any other payment, benefit or amount (including both accrued superannuation
commitments, and unfunded superannuation entitlements but excluding payments the Commonwealth is
obliged to make under Clause 15.2 and Claims in respect of that obligation).
15.6
The Commonwealth will, with effect on and from the Commencement Date, release:
15.7
(a)
each Transferring Hospital Staffer employed by the Commonwealth, from their employment with
the Commonwealth to enable them to accept Tasmania’s offer and commence employment with
Tasmania on the Commencement Date;
(b)
all Hospital Staff seconded to the Commonwealth, from all of their obligations to the
Commonwealth in connection with their secondment; and
(c)
Tasmania, from its obligations to continue the secondment of those Hospital Staff seconded to the
Commonwealth.
For the purpose of calculating any benefit or entitlement arising under any Law, award, agreement or
contract of employment between Tasmania and each Transferring Hospital Staffer:
(a)
prior service is to be taken as service with Tasmania; and
(b)
continuity of the Transferring Hospital Staffer’s employment is not broken because they cease to
be an employee of the Commonwealth and:
(i)
in the case of the Hospital Staff seconded to the Commonwealth, their secondment to the
Commonwealth ends; or
19
(ii)
in the case of all Transferring Hospital Staff, they become employees of Tasmania,
and, subject to any applicable Law to the contrary, their continuous service with the
Commonwealth will be regarded as continuous service with Tasmania.
15.8
Tasmania will ensure that:
(a)
all clinicians who work at the Hospital and who (by operation of Law or otherwise) require it, are
given the appropriate clinical oversight; and
(b)
all other people who work at the Hospital are (and remain) appropriately trained and supervised.
16
Termination
16.1
Each of the following is a “default” by Tasmania for the purposes of this Clause 16:
16.2
(a)
the Commonwealth is satisfied on reasonable grounds that Tasmania has not complied with any of
its obligations under this Agreement;
(b)
the Commonwealth is satisfied on reasonable grounds that Tasmania is unable or unwilling to
fully perform and discharge any of its obligations under this Agreement;
(c)
the Commonwealth requests Tasmania to take action to meet a timeframe or perform an activity
(such as delivering a Report) according to this Agreement and Tasmania fails to do so within 10
Business Days after the date of the Commonwealth’s request;
(d)
the Commonwealth is not satisfied that Tasmania is applying the Funds solely and exclusively to
the Project; or
(e)
the Commonwealth is satisfied on reasonable grounds that any information or Report given by
Tasmania is incomplete or inaccurate in a material respect.
If a default occurs, the Commonwealth may give Tasmania a notice which:
(a)
identifies the default; and
(b)
states whether, in the opinion of the Commonwealth, the default is capable of being remedied,
and:
(c)
16.3
(i)
if the default is in the Commonwealth’s opinion capable of being remedied, sets out the
steps which the Commonwealth considers to be necessary to remedy that default; or
(ii)
if the default is in the Commonwealth’s opinion not capable of being remedied, either:
(A)
sets out the steps that the Commonwealth requires Tasmania to take to mitigate
the effect of the default on the Commonwealth and the Hospital; or
(B)
if the Commonwealth is satisfied that the effects of the default on the
Commonwealth or the Hospital cannot be mitigated, or cannot be mitigated to an
extent satisfactory to the Commonwealth, includes a statement to that effect and,
in addition, states whether or not the Commonwealth intends to exercise its
rights under Clauses 16.4 to 16.6 (inclusive) (Termination Rights).
For the removal of doubt such notice issued under this Clause 16.2 will be subject to Tasmania
exercising its rights under Clause 16.5 of this Agreement.
If Tasmania intends to, or is attempting to:
(a)
remedy a default which in the Commonwealth’s opinion is capable of remedy, Tasmania must
promptly notify the Commonwealth of the measures taken or intended to be taken to do so, and the
time at or by which the default will be remedied; or
(b)
mitigate the effects of a default which is not in the Commonwealth’s opinion capable of being
remedied, Tasmania must promptly notify the Commonwealth of, and keep the Commonwealth
20
informed about, progress in doing what the Commonwealth has require be done to mitigate the
effect of the default.
16.4
Subject to Clause 16.5, if a default is subsisting, the Commonwealth may not terminate, or accept the
repudiation of, this Agreement unless:
(a)
the Commonwealth has given Tasmania a notice under Clause 16.2;
(b)
not less than 10 Business Days have expired since Tasmania received, or is taken by Clause 23 to
have received, that notice; and
(c)
either:
(i)
if the default is in the Commonwealth’s opinion capable of being remedied, Tasmania has
not remedied the default to the reasonable satisfaction of the Commonwealth; or
(ii)
if the default is in the Commonwealth’s opinion not capable of being remedied, either:
(A)
the notice under Clause 16.2 requires Tasmania to mitigate the effects of the
default on the Commonwealth and the Hospital, and Tasmania has not done so or
has not otherwise satisfied the Commonwealth that it will do so within a time
satisfactory to the Commonwealth; or
(B)
the notice states that the Commonwealth intends to exercise its Termination
Rights.
16.5
At any time during (but not after) the period referred to in Clause 16.4(b), Tasmania may dispute the
validity of a notice given by the Commonwealth under Clause 16.2 by giving the Commonwealth a Dispute
Initiation Notice under Clause 21.1.
16.6
If a default is subsisting and Tasmania:
16.7
16.8
(a)
does not exercise its rights under Clause 16.5, the Commonwealth may, by not less than 6 months
notice to Tasmania, terminate this Agreement. In that event, Clauses 19.3 and 19.4, and 19.6 to
19.14 (inclusive) apply as if the last day of the period of 6 months referred to this Clause 16.6(a)
was the Hospital Management Rearrangement Date and the “Agreement Period” was the period
expiring on that date; or
(b)
exercises its rights under Clause 16.5, but the dispute or difference is not resolved within 3 months
after the Dispute Initiation Notice is received by the Commonwealth:
(i)
Clause 21.10 applies; and
(ii)
Clauses 19.3 and 19.4, and 19.6 to 19.14 (inclusive) apply as if the last day of the period
of 3 months referred to in this Clause 16.6(b) was the Hospital Management
Rearrangement Date and the “Agreement Period” was the period expiring on that date,
On termination of this Agreement and without limiting Clause 4:
(a)
Tasmania must deliver up possession of the Hospital to the Commonwealth;
(b)
Tasmania must cease to apply and Commit Funds and repay to the Commonwealth an amount
equal to the balance of the Funds unexpended; and
(c)
the Commonwealth must either resume responsibility for the operation and management of the
Hospital, or make such other arrangements for the operation and management of the Hospital as:
(i)
comply with any applicable Law; and
(ii)
it otherwise thinks fit.
Without limiting Clause 16.7, the Commonwealth will not be obliged to provide any Funding to Tasmania
after this Agreement Ends.
21
16.9
Clauses 16.7 and 16.8 continue in full force and effect after this Agreement ends.
17
Repayment of funds
17.1
If, when this Agreement Ends, any Funds:
(a)
remain Unspent; or
(b)
cannot, by reconciliation between the Records maintained by Tasmania and the Budget or
otherwise, be shown to the Commonwealth to have been spent or Committed according to this
Agreement,
the Commonwealth may by written notice to Tasmania require Tasmania to repay an amount up to the
amount of those Funds, and Tasmania must repay to the Commonwealth the amount set out in the notice,
within 20 Business Days of the date of the notice.
17.2
If Tasmania fails to repay any amount according to a notice issued under Clause 17.1:
(a)
Tasmania must pay the Commonwealth Interest on the unpaid amount from the date it was due,
for the period it remains unpaid; and
(b)
the unpaid amount, and Interest on it, will be recoverable by the Commonwealth as a debt due to
the Commonwealth by Tasmania.
17.3
This Clause 17 continues in full force and effect after this Agreement Ends.
18
Indemnity
18.1
Tasmania indemnifies the Commonwealth (and all of its officers, employees, agents and contractors)
(those indemnified) against any and all:
(a)
loss or liability suffered or incurred by all or any of those indemnified;
(b)
loss of or damage to any property of all or any of those indemnified; and
(c)
loss or costs, charges or expenses suffered or incurred by all or any of those indemnified in dealing
with or in relation to any Claim, including legal costs and expenses on a solicitor/own client basis
and the cost of time spent, resources used, or disbursements paid by all or any of those
indemnified,
arising from:
(d)
any act or omission (whether negligent or not) by Tasmania, or any of Tasmania’s Personnel, in
connection with this Agreement;
(e)
any breach by Tasmania of any of its obligations under this Agreement;
(f)
Tasmania’s conduct, or purported conduct, of the Hospital;
(g)
any breach by the Commonwealth of any contract referred to in Clause 13.1 as a result of any act
or omission of Tasmania or any of Tasmania’s Personnel;
(h)
the defence and conduct by Tasmania of any Claim in respect of any contract of the kind referred
to in Clause 13.1;
(i)
any diagnosis made, any treatment (including medication) prescribed given or administered, any
procedure performed or any care given (or omitted) at the Hospital or by Hospital Staff or
otherwise in the course, or purportedly in the course, of the Hospital’s business;
(j)
any product liability claim including in connection with the provision or use of blood and bloodrelated products;
(k)
the operation, care and maintenance of the Hospital and the Hospital Assets; or
(l)
a breach of any of Tasmania’s obligations under Clause 20 or by a subcontractor under any of the
provisions of a subcontract referred to in Clause 20.5.
22
18.2
Tasmania’s liability under Clause 18.1 will be reduced proportionally to the extent that any unlawful or
negligent act or omission of the Commonwealth or any of its officers, employees, agents or contractors
contributed to the liability, loss, cost, charge or expense.
18.3
The right of the Commonwealth to be indemnified under this Clause 18 is in addition to, and not exclusive
of, any other right, power or remedy provided by Law.
18.4
Tasmania agrees that, for the purposes only of Clause 18.1 and in respect of the rights of those indemnified
other than the Commonwealth, the Commonwealth will be taken to be acting as agent or trustee for or on
behalf of its officers, employees, agents and contractors from time to time.
18.5
This Clause 18 continues in full force and effect after this Agreement Ends.
19
Post Agreement Period Issues
19.1
No later than 6 months before the expiry of the Agreement Period (that time), the Parties must meet and
consider the basis on which the Hospital is to be managed, administered and operated after the Agreement
Period expires, including Funding and staffing arrangements.
19.2
Notwithstanding Clause 19.1, unless by that time either:
(a)
the Parties have agreed:
(i)
to extend the Agreement Period for a further period of at least 3 years (further period);
or
(ii)
a new arrangement for the management, administration and operation of the Hospital by
Tasmania for the further period,
(each such further period being a renewal period); or
(b)
the Commonwealth has engaged a private operator to manage, administer and operate the Hospital
after the Agreement Period expires,
the Commonwealth, must promptly apply for any licence for the Hospital as may be required by any
Applicable Licensing Legislation, to take effect from midnight on the last day the Agreement Period
(Hospital Management Rearrangement Date).
19.3
Tasmania will consider the Commonwealth’s licence application promptly and in sufficient time to enable
the Commonwealth to:
(a)
(b)
respond appropriately to the licensing decision having regard to:
(i)
the balance then remaining of the Agreement Period;
(ii)
the status of the Hospital as an existing establishment which will be admitting and
treating patients, and in the ordinary course performing regular surgical and other
procedures throughout the remainder of the Agreement Period; and
(iii)
the likelihood of there being a number of patients at the Hospital at the expiry of the
Agreement Period requiring the performance of procedure and ongoing treatment and
care; and
make the offers of employment referred to in Clause 19.6.
19.4
Nothing in Clause 19.3 is to be construed as requiring Tasmania to do other than respond to and treat any
application by the Commonwealth for a licence for the Hospital according to the requirements of any
Applicable Licensing Legislation.
19.5
Clauses 19.2 to 19.4 (inclusive) apply, with the necessary changes, in respect of any renewal period.
19.6
Provided it has been issued with, or is satisfied that it will be issued with, the appropriate licence under any
Applicable Licensing Legislation the Commonwealth will, no later than 20 Business Days before the
Hospital Management Rearrangement Date, offer employment to all Hospital Staff employed or engaged at
the Hospital immediately before the Hospital Management Rearrangement Date (including those people
23
who accepted, or who subsequently accept, an offer of employment at the Hospital made by Tasmania
before the Hospital Management Rearrangement Date) on terms and conditions which:
(a)
in respect of each permanent Hospital Staffer (which expression excludes casuals, locums and
persons employed for a fixed term), are no less advantageous to them than those on which they are
employed or engaged by Tasmania at the Hospital immediately before the Hospital Management
Rearrangement Date; and
(b)
in respect of each Hospital Staffer who is a casual or locum or who is employed for a fixed term,
the same terms and conditions as those on which they are employed and engaged by Tasmania
immediately before the Hospital Management Rearrangement Date,
subject in each case only to the substitution of the Commonwealth as their employer.
19.7
Tasmania must pay to, or for the benefit of, all Hospital Staff:
(a)
(b)
in respect of each pay period ending before the Hospital Management Rearrangement Date:
(i)
the amount of their wage or salary entitlement; and
(ii)
any elected salary sacrifice amounts; and
in respect of any pay period commencing before, but ending on or after, the Hospital Management
Rearrangement Date:
(i)
the amount of their wage or salary entitlement; and
(ii)
any elected salary sacrifice amounts,
attributable to that part of the period ending on (and including) the day before the Hospital
Management Rearrangement Date.
Each amount referred to in Clause 19.7(a) must be paid by Tasmania on the pay date for the relevant pay
period. Each amount referred to in Clause 19.7(b) must be paid by Tasmania on the date which would
have otherwise been the pay date for the relevant pay period had the relevant Hospital Staffer continued to
be employed by Tasmania at the Hospital.
19.8
Tasmania must consult with the Commonwealth, and keep the Commonwealth informed, of any significant
events affecting any Hospital Staff on or after the Date of this Agreement and before the Hospital
Management Rearrangement Date.
19.9
No later than 30 Business Days before the Hospital Management Rearrangement Date, Tasmania must
provide the Commonwealth with a current list of all Hospital Staff containing the following details in
respect of each of them:
(a)
their full name;
(b)
the location in the Hospital in which they are employed or engaged;
(c)
their employment classification or position;
(d)
their employment status (permanent, part-time, temporary, causal etc); and
(e)
their wage or salary (and any salary sacrifice arrangements) or other remuneration.
The Commonwealth must notify Tasmania at least 5 Business Days before the Hospital Management
Rearrangement Date of those Hospital Staff who have accepted the Commonwealth’s offer of employment
(Relevant Hospital Staff).
19.10
On and from the Hospital Management Rearrangement Date, the Commonwealth will be solely responsible
for all wages, salary, bonuses, annual leave, sick leave, long service leave and all other forms of leave
entitlement of Relevant Hospital Staff (irrespective of the period to which the entitlement is referrable),
including rostered days off and time off in lieu, and any other payment, benefit or amount (including both
accrued superannuation commitments, and unfunded superannuation entitlements but excluding payments
Tasmania is obliged to make under Clause 19.7 and Claims in respect of that obligation).
24
19.11
Tasmania will, with effect on and from the Hospital Management Rearrangement Date, release each
Relevant Hospital Staffer, from their employment with Tasmania to enable them to accept the
Commonwealth’s offer and commence employment with the Commonwealth at the Hospital on the
Hospital Management Rearrangement Date.
19.12
For the purpose of calculating any benefit or entitlement arising under any Law, award, agreement or
contract of employment between the Commonwealth and each Relevant Hospital Staffer:
(a)
prior service is to be taken as service with the Commonwealth; and
(b)
continuity of the Relevant Hospital Staffer’s employment is not broken because they cease to be
an employee of Tasmania and become an employee of the Commonwealth and their continuous
service with Tasmania will be regarded as continuous service with the Commonwealth.
19.13
The Parties acknowledge that any transition of the operations of the Hospital from Tasmania will require
that appropriate arrangements are made to secure the availability to the operator from time to time of
sufficient, and appropriately trained and skilled, Hospital Staff.
19.14
Tasmania will use its best endeavours to induce Hospital Staff to accept any offer of employment made to
them by the Commonwealth according to this Clause 19.
20
Protection of personal information
20.1
In this Clause 20:
Personal Information means:
(a)
“personal information” as defined in section 3 of the Personal Information Protection Act 2004
(Tas); and
(b)
any other information which:
(i)
is not “personal information” as defined in section 3 of the Personal Information
Protection Act 2004 (Tas); but
(ii)
is “personal information” as defined in section 6(1) of the Privacy Act 1988 (Clth).
20.2
Nothing in Clause 20.1 constitutes as Personal Information any information which would not otherwise be
“personal information” for the purposes of the Personal Information Protection Act 2004 (Tas), except for
the purposes of this Agreement, and only as between the Commonwealth and Tasmania.
20.3
In conducting the Hospital under this Agreement, Tasmania agrees:
(a)
to comply with the personal information protection principles in Schedule 1 to the Personal
Information Protection Act 2004 (Tas); and
(b)
not to do anything, or engage in any practice which, if done or engaged in by DoHA, would
constitute a breach of any of the information privacy principles in section 14 of the Privacy Act
1988 (Clth).
20.4
To avoid doubt, the parties agree that nothing in this Agreement authorises or permits Tasmania to do
anything or to engage in any practice which, if done or engaged in by DoHA, would constitute a breach by
DoHA of any of the information privacy principles in section 14 of the Privacy Act 1988 (Clth).
20.5
Each subcontract (as defined in section 95B(4) of the Privacy Act 1988 (Clth)) made by or on behalf of
Tasmania for or in connection with its management and conduct of the Hospital under this agreement, must
contain provisions:
(a)
which are not limited or restricted in their application or effect by any other provision of that
subcontract or any provision of any other contract;
(b)
which oblige each other party not to do anything, or engage in any practice which, if done or
engaged in by DoHA, would constitute a breach of any of the information privacy principles in
section 14 of the Privacy Act 1988 (Clth); and
25
(c)
20.6
20.7
to the effect that nothing in the subcontract authorises or permits Tasmania or its subcontractors to
do anything or to engage in any practice which, if done or engaged in by DoHA, would constitute
a breach by DoHA of any of the information privacy principles in section 14 of the Privacy Act
1988 (Clth).
Tasmania also agrees, in managing and operating the Hospital under this Agreement and any associated
activities:
(a)
to notify individuals whose Personal Information Tasmania holds, that complaints about its acts or
practices may be investigated by the Privacy Commissioner (in respect of a complaint made under
the Privacy Act 1988 (Clth) and that the Privacy Commissioner has power to award compensation
against the Commonwealth in appropriate circumstances) or the Ombudsman (as defined in, and in
respect of a complaint made under, the Personal Information Protection Act 2004 (Tas));
(b)
to disclose in writing to any person who asks, the content of the provisions of this agreement (if
any) that are inconsistent with:
(i)
an approved privacy code binding on the Commonwealth or Tasmania; or
(ii)
a National Privacy Principle (as defined in section 6 of the Privacy Act 1988 (Clth));
(c)
to immediately notify the Commonwealth if Tasmania becomes aware of a breach or possible
breach of any of the obligations contained in, or referred to in, this Clause 20, whether by
Tasmania or any person with whom it has contracted in respect of the Hospital or any associated
activities;
(d)
to ensure that any of Tasmania’s Personnel who are required to deal with personal information for
the purposes of this Agreement are made aware of Tasmania’s obligations under this Clause 20.
Notwithstanding any other provision in this Clause 20, where Tasmania provides a health service to an
individual it will:
(a)
comply with the National Privacy Principles in relation to the use and disclosure of health
information about the individual; and
(b)
transfer health information to another health service provider when directed to do so by the
Commonwealth.
20.8
This Clause 20 continues in full force and effect after this Agreement Ends.
21
Dispute resolution
21.1
If there is a dispute or difference between the Parties in connection with the interpretation, implementation,
enforcement or termination of this Agreement, (but not in connection with a settlement agreement referred
to in Clause 21.8) then, subject to Clause 21.12, either Party (Initiating Party) may give the other a notice
(Dispute Initiation Notice) which:
21.2
(a)
states that it is a Dispute Initiation Notice given under this Clause 21.1;
(b)
describes, and gives reasonable particulars of, the dispute or difference;
(c)
requires the other Party (Recipient) to refer the dispute for resolution according to Clauses 21.2 to
21.12 (inclusive); and
(d)
nominates a senior officer of the Initiating Party to represent the Initiating Party for the purposes
of Clause 21.3 (Initiating Party’s Nominee).
The Recipient must, within 10 Business Days of receiving a Dispute Initiation Notice which complies with
the requirements of Clause 21.1:
(a)
by notice to the Initiating Party nominate a senior officer of the Recipient to represent the
Recipient for the purposes of Clause 21.3 (Recipient’s Nominee); and
(b)
by notice addressed to the Initiating Party’s Nominee and the Recipient’s Nominee (Dispute
Referral Notice), refer the dispute for resolution according to Clause 21.3.
26
21.3
The Parties must cause the Initiating Party’s Nominee and the Recipient’s Nominee (Nominees) to meet as
soon as practicable and use their best endeavours to resolve the dispute or difference.
21.4
If the Nominees are unable to resolve the dispute or difference within 10 Business Days of the Recipient
receiving, or being taken by Clause 23.2 to have received, the relevant Dispute Initiation Notice, the
dispute or difference is to be referred for resolution to the Minister of Health and Ageing (on behalf of the
Commonwealth) and the Minister for Health and Human Services (on behalf of Tasmania) or their
respective nominees.
21.5
The Nominees and Ministers may determine the procedures they will follow for the purposes of this Clause
21.
21.6
The Parties will, and the Parties will cause the Nominees and the Ministers to:
(a)
maintain the confidentiality of all confidential information disclosed to them during the Dispute
Resolution Process (confidential information);
(b)
not disclose confidential information to any other person unless:
(c)
21.7
(i)
compelled by Law to do so; or
(ii)
with the consent of the Party who (or whose Nominee or Minister) disclosed the
confidential information; and
not use the confidential information for any purpose other than the Dispute Resolution Process.
The following communications made in the course of the Dispute Resolution Process will be made on a
confidential and “without prejudice” basis:
(a)
any settlement proposal, whether made by a Party, a Nominee or a Minister during the Dispute
Resolution Process;
(b)
the willingness of a Party to consider any such proposal during the Dispute Resolution Process;
(c)
any admission or concession made by a Party, a Nominee or a Minister during the Dispute
Resolution Process; and
(d)
any statement made or document produced by a Nominee or a Minister for the purposes of the
Dispute Resolution Process.
21.8
Despite their “without prejudice” status, a Party may adduce evidence of any of the communications
described in Clause 21.7 for the purposes of enforcing any settlement agreement reached as a result of the
Dispute Resolution Process.
21.9
No statements or comments, whether written or oral, made or used by the Parties, a Nominee or a Minister
during the Dispute Resolution Process may be relied upon to found or maintain any action for defamation
or any related complaint. This agreement may be pleaded in bar to any such action. Each Party will hold
the benefit of this Clause 21.9 on trust for itself, it’s Nominee and its Minister.
21.10
If a dispute or difference is not resolved by the Dispute Resolution Process within 3 months after it is
referred under Clause 21.1, the Commonwealth may:
21.11
(a)
by notice to Tasmania, immediately terminate the Dispute Resolution Process; and
(b)
by not less than 3 months notice to Tasmania, terminate this Agreement.
Where a dispute only concerns no payment being made by the Commonwealth under Item D2 to Tasmania
and only where such payment has not been made in each of three consecutive months, if such dispute is not
resolved by the Dispute Resolution Process within 3 months after it is referred under Clause 21.1,
Tasmania may:
(a)
by notice to the Commonwealth, immediately terminate the Dispute Resolution Process; and
(b)
by not less than 3 months notice to the Commonwealth, terminate this Agreement.
27
21.12
Each Party must, in connection with this Clause 21 (including in holding or maintaining a position which
gives rise to or continues a dispute or difference and in participating in the Dispute Resolution Process) act
only in the utmost good faith in the exercise of their rights and the performance of their obligations.
22
Taxes, duties and government charges
22.1
All taxes, duties and government charges (Taxes) imposed or levied in connection with this Agreement or
the Hospital must be paid by Tasmania.
22.2
Without limiting Clause 22.1, Tasmania must pay Goods and Services Tax (GST) on the goods, services
and other supplies made under this Agreement to the extent that they are “taxable supplies” within the
meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Clth) (GST Act).
22.3
In relation to any GST payable under Clause 22.2, Tasmania must issue the Commonwealth with a tax
invoice in accordance with the GST Act.
22.4
Tasmania warrants it is registered in accordance with the GST Act and agrees to remain registered
throughout the Agreement Period.
23
Notices
23.1
A Party giving a notice under this Agreement must do so in writing, including by facsimile, that is:
23.2
(a)
directed to the Party’s address specified in Item E marked for the attention of the Liaison Officer;
and
(b)
hand delivered or sent by pre-paid post or facsimile to that address.
A notice given in accordance with Clause 23.1 is received (or for all the purposes of this Agreement is
taken to have been received):
(a)
if hand delivered, on delivery;
(b)
if sent by pre-paid post, on the third Business Day after the date of posting;
(c)
if sent by facsimile, at the time the sender receives notification that the notice has been transmitted
satisfactorily.
28
SCHEDULE
Item A (Project)
The Project comprises the assumption by Tasmania of sole and exclusive responsibility for:
(a)
the management and operation (including repair maintenance and upkeep) of the Hospital; and
(b)
carrying on the business and operations of the Hospital. In this Item A, carrying on includes managing,
administering, delivering and performing, at a minimum, the Core Clinical Activities,
on the terms of this Agreement. The Core Clinical Activities are those clinical activities which the Parties agree
are essential elements of the business and operations of the Hospital to be carried on by Tasmania throughout the
Agreement Period. They are:
(a)
a high dependency unit;
(b)
a 24 hour/7 day emergency department;
(c)
general and specialist medical services (including paediatric care);
(d)
oncology services;
(e)
low risk obstetrics and gynaecological care;
(f)
surgery and surgical specialties (other than planned complex surgery) that can be safely performed at the
Hospital, including overnight planned and unplanned surgery and related post surgical care;
(g)
clinical support services such as pathology, radiology and pharmacy;
(h)
outpatient services;
(i)
palliative care;
(j)
geriatric support;
(k)
community and outreach services; and
(l)
such other services as the Commonwealth and Tasmania agree, having regard (amongst other things) to
the professional support that progressively becomes available to the Hospital through the clinical
networks developed under Tasmania’s Clinical Services Plan.
Item B (Budget)
Funding Period
Funding Received
Funding Expenditure
The Commencement Date to
30 June 2009
The amount according to
Item D1(a)
The Funding received
1 July 2009 to 30 June 2010
$60million
$60million
1 July 2010 to 30 June 2011
$60million
$60million
Item C (Reports)
C1
Quarterly operational and clinical information and reports
Tasmania will report to the Commonwealth promptly after each 31 March, 30 June, 30 September and 31
December during the Agreement Period (in respect of the calendar quarters ending on those dates), and at
the End of the Agreement (in respect of the period since the last calendar quarter end date) on:
(a)
unit record (as specified in the Admitted Patient Care NMDS) AR-DRG admitted data by
medical, surgical and other, by funding source;
C2
(b)
the number of outpatient by type of service;
(c)
all activity and counts of allied health services by type;
(d)
the number of presentations at the emergency department and waiting time;
(e)
elective surgery activity and waiting time;
(f)
bed occupancy rates per month; and
(g)
serious incidents by volume and service type.
Annual operational and clinical information and reports
At the end of each financial year during the Agreement Period in either case (and in respect of the
financial then ended) and at the End of the Agreement (and in respect of the period since the end of the
previous financial year), Tasmania will promptly report to the Commonwealth on:
C3
(a)
unit record data on hospital utilisation, including all items in the Admitted Patient Care NMDS,
Elective Surgery Waiting Times Admissions and Removals NMDS, Elective Surgery Waiting
Times Census NMDS, and Non-admitted Patient Emergency Department Care NMDS;
(b)
all items in the Public Hospital Establishments NMDS;
(c)
Non-Admitted NMDS, which includes emergency department and outpatient department
services data;
(d)
integrated information relevant to Elective Surgery Waiting Times Admissions and Removals
NMDS and Elective Surgery Waiting Times Census NMDS, in a format which can be linked to
the unit record data provided in accordance with the Admitted Patient Care NMDS; and
(e)
training:
(i)
the number of clinical placements commenced by specialty type; and
(ii)
the number of clinical placements completed by specialty type.
Quarterly financial reporting and acquittal of Funding
Promptly after each 31 March, 30 June, 30 September and 31 December during the Agreement (in respect
of the calendar quarters ending on those dates), and promptly after the End of the Agreement Period (in
respect of the period since the last calendar quarter end date), Tasmania will provide the Commonwealth
with a financial report in the form of Annexure A of the revenue and expenditure of the Hospital from the
relevant period.
C4
Annual financial reporting and acquittal of Funding
Tasmania will promptly after:
(a)
each financial year ending during the Agreement Period; and
(b)
the Agreement Ends in respect of the period since the last preceding financial year end date,
provide the Commonwealth with a financial report (including a certified acquittal) in the form of
Annexure B, showing:
(c)
the performance and financial position of the Hospital over the course of, and as at the end of,
the relevant financial year or other period, prepared in accordance with the Australian
Accounting Standards and audited by an auditor agreed by the Commonwealth (acting
reasonably) according to the Australian Auditing Standards;
(d)
in reasonable detail, the expenditure of the Funds during the financial year or other period to
which the report relates, identifying any expenditure:
(e)
(i)
for which a Commitment exists (and the nature of that Commitment and the amount
Committed);
(ii)
on the delivery of clinical services;
(iii)
on the Hospital management team (including details of the team’s configuration);
(iv)
on Tasmania’s corporate overheads;
(v)
on maintenance of the Hospital and the Hospital Assets, and depreciation; and
(vi)
on Hospital operating costs; and
all sources of revenue received in or in respect of the Hospital other than the Funding.
Item D (Funding)
D1
Amount of Funding
Subject to section D2, the Commonwealth will pay to Tasmania:
(a)
in respect of the period from the Commencement Date to 30 June 2009, the amount calculated
by the formula:
$60million  [(365  n)  365]
where
n is the number of days from (and including) 1 July 2008 to (and including) the day before the
Commencement Date;
(b)
in respect of the period from (and including) 1 July 2009 to (and including) 30 June 2010,
$60million; and
(c)
in respect of the period from (and including) 1 July 2010 to (and including) 30 June 2011,
$60million,
none of which is subject to adjustment for inflation, and all of which must each be separately accounted
for, and recorded in, Tasmania’s Records.
D2
Manner and timing of payments
The Commonwealth will pay the Funds to Tasmania:
(a)
monthly in advance on or about the first Business Day of each month during each Funding
Period;
(b)
in cleared funds;
(c)
in an amount calculated by the formula:
AB
where
A is the aggregate amount of the Funds for the relevant Funding Period
B is the number of Funding Dates in that Funding Period to which the payments relate; and
(d)
into the account from time to time notified in writing by Tasmania to the Commonwealth.
In this Item D2, Funding Period means a period set out beneath the heading “Funding Period” in Item B.
Item E (Liaison Officers)
Commonwealth’s Liaison Officer
The Commonwealth’s Liaison Officer is the person holding, occupying or performing the duties of Assistant
Secretary, Medical Indemnity Branch in the Department of Health and Ageing. This position is currently
occupied by Ms Veronica Hancock available at the following address:
Albermarle Building
Furzer Street
Woden ACT 2606
Fax no. 02 6289 9077.
and available on the following telephone number and email address:
02 6289 3151
veronica.hancock@health.gov.au
Tasmania’s Liaison Officer
Tasmania’s Liaison Officer is the person holding, occupying or performing the duties of Deputy Secretary,
Department of Health and Human Services. The position is currently occupied by Ms Catherine Katz available at
the following address:
3/34 Davey Street
Hobart Tas 7000
Fax no. 03 6233 4885
and available on the following telephone number and email address:
03 6233 5637
catherine.katz@dhhs.tas.gov.au
Item F (Specified Personnel)
(a)
A General Manager, to be employed full time at the Hospital;
(b)
A Clinical Director, to be employed at the Hospital;
(c)
A Finance Director, to be employed at the Hospital; and
(d)
A Human Resources Manager, to be employed at the Hospital.
Item G (Off-site Accommodation)
The Off-site Accommodation comprises the following properties:
(a)
CT 25827/3;
(b)
CT 25817/7;
(c)
CT 116868/2;
(d)
CT 138454/1;
(e)
CT 138454/2; and
(f)
CT 138454/3.
Execution Page
This Heads of Agreement for the Funding of the Management of the Mersey Community Hospital
is SIGNED as an agreement on the
SIGNED for and on behalf of the
COMMONWEALTH OF
AUSTRALIA as represented by the
Department of Health and Ageing ABN
83 605 426 759
by:
..................................................................
Printed name of signatory
..................................................................
Position of Signatory
in the presence of:
..................................................................
Printed name of witness
SIGNED for and on behalf of the
STATE OF TASMANIA as represented
by the Department of Health and Human
Services ABN 11 255 872 006
by:
..................................................................
Printed name of signatory
..................................................................
Position of Signatory
in the presence of:
..................................................................
Printed name of witness
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)
)
)
)
)
)
.................................................................
Signature
.................................................................
Signature of witness
.................................................................
Signature
.................................................................
Signature of witness
2008.
ANNEXURE A
MERSEY COMMUNITY HOSPITAL - MONTHLY INCOME AND EXPENDITURE
Month Ending ________________________
Income
Inpatient Fees
Inpatient Fees DVA
Inpatient Fees Nursing Home
Outpatient Fees
Outpatient Fees DVA
Pharmacy
Pathology Services
Sale of Prostheses
Private Patient Scheme
Ambulance Fees DVA
Residential Rental
Commercial Rental
Other Client Revenue
Other revenue
Salary & Wages Recoveries
Workers' Compensation Recoveries
Food Items Recoveries
Other Recoveries
Total Direct Revenue/Income
Industry Funding
Industry Funds
Total Industry Funds
Department of Health and Ageing Funding
DOHA Direct Funding
Total DoHA funding
Total Income
Expenditure
Employees
Allied Health Professional Salaries
Allied Health Professional Overtime
Allied Health Professional Callback
Allied Health Professional Other
Allied Health Professional Paid via 3rd
Admin & Clerical/Comp Systems Salaries
Admin & Clerical/Comp Systems Overtime
Admin & Clerical/Comp Systems Callback
Admin & Clerical/Comp Systems Other
Admin & Clerical/Comp Systems 3rd Party
Operational/Apprentice Salaries
Operational/Apprentice Overtime
$
Operational/Apprentice Callback
Operational/Apprentice Other
Operational/Apprentice Paid via 3rd Party
Nurses Salaries
Nurses Salaries Overtime
Nurses Salaries Callback
Nurses Salaries Other
Nurses 3rd Party
Medical Practitioners
Medical Practitioners Overtime
Medical Practitioners Callback
Medical Practitioners Other
Medical Practitioners Paid via 3rd Party
Visiting Medical Officers State
Visiting Medical Officers Callback
Visiting Medical Officers Other
Employer Superannuation Contributions
Payroll Tax
Workers' Compensation Premiums
Fringe Benefits Tax
Recruitment
Training
Staff Allowances (Payroll Tax Payable)
Staff Allowances (Payroll Tax Exempt)
Other Employment Related Payments
Uniforms
Total Employees
Contractors & Consultants
Contract Salaries
Contract Salaries Other
Consultants
Total Contractors and consultants
Property
Property related outgoings
Cleaning
Fuel Light and Power
Municipal Rates & Charges
Rent on Property Paid to Private Sector
Security
Other Property Costs
Accommodation - 3rd Party Staff
Programmed General Maintenance
Maintenance Contracts
Landscape Maintenance
Plant & Equipment
Furniture & Fittings
Other Repairs & Maintenance
Total Property
Information Technology
IT Acquisitions <$10k
IT Hardware Leases
IT Hardware Support / Maintenance
IT Software License Acquisition
IT Software License Acquisition
IT Systems Management
Network Charges
Printers & Computer Peripherals
Other IT Expenses
Total Information Technology
Client Expenses
Client Travel
Client Travel
Client Security
Bedding & Linen
Cleaning & Toilet Requisites
Outside Cleaning Services
Removal of Trade Refuse
Laundry Materials
Food Production
Food Supplies (Outside Catering)
Food Supplies (Outside Catering)
Kitchen & Tableware
Medical & Surgical Supplies
General Medical Consumables
Purchase of Special Services (Medical)
Prosthesis
Medical Gases
Intraocular Lenses
Pharmacy Requisites
Pathology Services
Other Client Expenses
Other Client Expenses
Plant & Equipment (Medical Equipment)
Total Client Expenses
Travel
Staff Travel
Travel Expense - 3rd Party Staff
Total Travel
Administrative Expenses
Administration
Advertising
Communications
Postage
Freight & Charges
Office Requisites
Service Fees
Library Expenses
Other Expenses
Other Expenses - 3rd Party Staff
Total Administrative expenses
Finance & Lease Expenses
Leases & Licenses
Leasing Medical Equipment
Motor Vehicle Expenses
Motor Vehicle Expenses
Revenue Collection Costs
Risk Management Fund Premiums
Total Finance and Lease Expenses
Legal
Legal Fees (excl Med Indemnity)
Total Legal Expenses
One-Off Set Up Costs
One Off Set Up Costs
Total One-Off Set Up Costs
Depreciation
Replacement plant and equipment
Total Expenditure
OPERATING RESULT
ANNEXURE B
MERSEY COMMUNITY HOSPITAL
MANAGEMENT AND FUNDING AGREEMENT
Statement of acquittal and certification of expenditure
pursuant to Clause ……………
I certify that:
1)
$________________ was received by Tasmania under the terms of the
Management and Funding Agreement for the financial year end
________/________ as funding for the management and operation of the Mersey
Community Hospital.
2)
$________________ was expended on the provision of public hospital services in
accordance with the provisions of the Management and Funding Agreement, as per
the attached Acquittal.
3)
$_________________ remains unexpended by Tasmania as at
30 June ______ and is intended to be carried forward.
Signature
Delegation
Date
MERSEY COMMUNITY HOSPITAL - ANNUAL INCOME AND
EXPENDITURE
Financial Year Ending ________________________
Income
Inpatient Fees
Inpatient Fees DVA
Inpatient Fees Nursing Home
Outpatient Fees
Outpatient Fees DVA
Pharmacy
Pathology Services
Sale of Prostheses
Private Patient Scheme
Ambulance Fees DVA
Residential Rental
Commercial Rental
Other Client Revenue
Other revenue
Salary & Wages Recoveries
Workers' Compensation Recoveries
Food Items Recoveries
Other Recoveries
Total Direct Revenue/Income
Industry Funding
Industry Funds
Total Industry Funds
Department of Health and Ageing Funding
DOHA Direct Funding
Total DoHA funding
Total Income
Expenditure
Employees
Allied Health Professional Salaries
Allied Health Professional Overtime
Allied Health Professional Callback
Allied Health Professional Other
Allied Health Professional Paid via 3rd
Admin & Clerical/Comp Systems Salaries
Admin & Clerical/Comp Systems Overtime
Admin & Clerical/Comp Systems Callback
Admin & Clerical/Comp Systems Other
Admin & Clerical/Comp Systems 3rd Party
Operational/Apprentice Salaries
Operational/Apprentice Overtime
Operational/Apprentice Callback
Operational/Apprentice Other
$
Operational/Apprentice Paid via 3rd Party
Nurses Salaries
Nurses Salaries Overtime
Nurses Salaries Callback
Nurses Salaries Other
Nurses 3rd Party
Medical Practitioners
Medical Practitioners Overtime
Medical Practitioners Callback
Medical Practitioners Other
Medical Practitioners Paid via 3rd Party
Visiting Medical Officers State
Visiting Medical Officers Callback
Visiting Medical Officers Other
Employer Superannuation Contributions
Payroll Tax
Workers' Compensation Premiums
Fringe Benefits Tax
Recruitment
Training
Staff Allowances (Payroll Tax Payable)
Staff Allowances (Payroll Tax Exempt)
Other Employment Related Payments
Uniforms
Total Employees
Contractors & Consultants
Contract Salaries
Contract Salaries Other
Consultants
Total Contractors and consultants
Property
Property related outgoings
Cleaning
Fuel Light and Power
Municipal Rates & Charges
Rent on Property Paid to Private Sector
Security
Other Property Costs
Accommodation - 3rd Party Staff
Programmed General Maintenance
Maintenance Contracts
Landscape Maintenance
Plant & Equipment
Furniture & Fittings
Other Repairs & Maintenance
Total Property
Information Technology
IT Acquisitions <$10k
IT Hardware Leases
IT Hardware Support / Maintenance
IT Software License Acquisition
IT Software License Acquisition
IT Systems Management
Network Charges
Printers & Computer Peripherals
Other IT Expenses
Total Information Technology
Client Expenses
Client Travel
Client Travel
Client Security
Bedding & Linen
Cleaning & Toilet Requisites
Outside Cleaning Services
Removal of Trade Refuse
Laundry Materials
Food Production
Food Supplies (Outside Catering)
Food Supplies (Outside Catering)
Kitchen & Tableware
Medical & Surgical Supplies
General Medical Consumables
Purchase of Special Services (Medical)
Prosthesis
Medical Gases
Intraocular Lenses
Pharmacy Requisites
Pathology Services
Other Client Expenses
Other Client Expenses
Plant & Equipment (Medical Equipment)
Total Client Expenses
Travel
Staff Travel
Travel Expense - 3rd Party Staff
Total Travel
Administrative Expenses
Administration
Advertising
Communications
Postage
Freight & Charges
Office Requisites
Service Fees
Library Expenses
Other Expenses
Other Expenses - 3rd Party Staff
Total Administrative expenses
Finance & Lease Expenses
Leases & Licenses
Leasing Medical Equipment
Motor Vehicle Expenses
Motor Vehicle Expenses
Revenue Collection Costs
Risk Management Fund Premiums
Total Finance and Lease Expenses
Legal
Legal Fees (excl Med Indemnity)
Total Legal Expenses
One-Off Set Up Costs
One Off Set Up Costs
Total One-Off Set Up Costs
Depreciation
Replacement plant and equipment
Total Expenditure
OPERATING RESULT
ANNEXURE C
Category - non seconded casuals
Identity
#
411184
Name
Classification
Type
Candlett, Tanya
Start
date
01Nov07
Contract
hrs
1.00
Division
Health Service
514447
Food Services
Assistant
Food Services MCH
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
442654
Candlett, Tanya
24Nov07
514833
Food Services
Assistant
1.00
Food Services MCH
444988
Wilson, Suzanne
08Jan08
514833
Food Services
Assistant
1.00
Food Services MCH
449595
Weltsch, Natasha S
12Feb08
514993
Communication
Support Officer
1.00
Communications MCH
455736
Acheson, Jessica M
29May08
514839
Administrative
Assistant
1.00
Maintenance & Engineering
MCH
443384
Wheldon, Janine G
02Dec07
514484
PIMS Clerk
(Casual)
1.00
Patient Information
Management
446145
Borghesi, Michele A
14Jan08
514484
PIMS Clerk
(Casual)
1.00
Patient Information
Management
446156
Heaton, Sharon A
14Jan08
514484
PIMS Clerk
(Casual)
1.00
Patient Information
Management
446826
Waterman, Michelle G
14Jan08
514484
PIMS Clerk
(Casual)
1.00
Patient Information
Management
449540
Rimmer, Jennifer L
11Feb08
514484
PIMS Clerk
(Casual)
1.00
Patient Information
Management
449675
Harris, Robyn M
20Feb08
514484
PIMS Clerk
(Casual)
1.00
Patient Information
Management
456444
Pearce, Carolyn P
16Jun08
514484
PIMS Clerk
(Casual)
1.00
Patient Information
Management
456455
Phillott, Janelle R
17Jun08
514484
PIMS Clerk
(Casual)
1.00
Patient Information
Management
456637
Meyer, Petra C
23Jun08
514484
PIMS Clerk
(Casual)
1.00
Patient Information
Management
456976
Nel-Martin, Donna J
30Jun08
514484
PIMS Clerk
(Casual)
1.00
Patient Information
Management
421654
White, Andrea J
02Nov07
517214
Hospital Aide
1.00
Medical Ward MCH
421993
Johnson, Ann W
02Nov07
517214
Hospital Aide
1.00
Medical Ward MCH
442508
White, Andrea J
23Nov07
517214
Hospital Aide
1.00
Medical Ward MCH
451724
Waite, Susan M
11Mar08
517214
Hospital Aide
1.00
Medical Ward MCH
452636
Robertson, Eve L
02Apr08
517214
Hospital Aide
1.00
Medical Ward MCH
452647
Wilson, Frances L
03Apr08
517214
Hospital Aide
1.00
Medical Ward MCH
443078
Tippett, Wendy
01Dec07
517220
Enrolled Nurse
1.00
Medical Ward MCH
440626
Lindridge, Donna L
02Nov07
517221
Enrolled Nurse
1.00
Medical Ward MCH
442075
Hollis, Brent J
23Nov07
517221
Enrolled Nurse
1.00
Medical Ward MCH
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
442100
Crisp, Delma
23Nov07
517221
Enrolled Nurse
1.00
Medical Ward MCH
443023
Bramich, Julie
01Dec07
517221
Enrolled Nurse
1.00
Medical Ward MCH
443056
Lindridge, Donna L
01Dec07
517221
Enrolled Nurse
1.00
Medical Ward MCH
443090
Reid, Lindsay
01Dec07
517221
Enrolled Nurse
1.00
Medical Ward MCH
443170
Stafford, Tracy L
02Dec07
517221
Enrolled Nurse
1.00
Medical Ward MCH
448049
Crisp, Delma M
29Jan08
517221
Enrolled Nurse
1.00
Medical Ward MCH
448945
Cameron, Leonie J
29Jan08
517221
Enrolled Nurse
1.00
Medical Ward MCH
452589
Mackenzie, Carol J
23Mar08
517221
Enrolled Nurse
1.00
Medical Ward MCH
452578
Murfet, Beth M
25Mar08
517221
Enrolled Nurse
1.00
Medical Ward MCH
453140
Gillam, Sonia M
08Apr08
517221
Enrolled Nurse
1.00
Medical Ward MCH
455780
John, Clementina R
02Jun08
517221
Enrolled Nurse
1.00
Medical Ward MCH
458100
Greenhill, Summah M
22Jul08
517221
Enrolled Nurse
1.00
Medical Ward MCH
458020
Bray, Toni M
24Jul08
517221
Enrolled Nurse
1.00
Medical Ward MCH
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
405181
Clark, Michael G
01Nov07
517227
Registered Nurse
1.00
Medical Ward MCH
441028
Larsen, Laurie
01Nov07
517227
Registered Nurse
1.00
Medical Ward MCH
443136
Pattison, Linda
02Nov07
517227
Registered Nurse
1.00
Medical Ward MCH
442010
Clarke, Alison L
12Nov07
517227
Registered Nurse
1.00
Medical Ward MCH
442097
Wootton, Caroline R
23Nov07
517227
Registered Nurse
1.00
Medical Ward MCH
442188
Thackray, Elizabeth
23Nov07
517227
Registered Nurse
1.00
Medical Ward MCH
442199
Allison, Jane M
23Nov07
517227
Registered Nurse
1.00
Medical Ward MCH
442246
Skerratt, Geoffrey
23Nov07
517227
Registered Nurse
1.00
Medical Ward MCH
443114
Filler, Lisa
01Dec07
517227
Registered Nurse
1.00
Medical Ward MCH
443125
Winduss, Kathleen
01Dec07
517227
Registered Nurse
1.00
Medical Ward MCH
443158
Henry, Melanie G
02Dec07
517227
Registered Nurse
1.00
Medical Ward MCH
443169
Parker, Jenny
02Dec07
517227
Registered Nurse
1.00
Medical Ward MCH
443351
Skirving, Catherine A
02Dec07
517227
Registered Nurse
1.00
Medical Ward MCH
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
444332
Diprose, Lear K
17Dec07
517227
Registered Nurse
1.00
Medical Ward MCH
445062
Paterson, Isabel R
07Jan08
517227
Registered Nurse
1.00
Medical Ward MCH
445652
Gale, Rosslyn
07Jan08
517227
Registered Nurse
1.00
Medical Ward MCH
448934
Hayes, Michael P
01Feb08
517227
Registered Nurse
1.00
Medical Ward MCH
448956
Spowart, Linda J
01Feb08
517227
Registered Nurse
1.00
Medical Ward MCH
453843
Murcott, Sharon H
03Feb08
517227
Registered Nurse
1.00
Medical Ward MCH
450380
Reeves, Katrina E
25Feb08
517227
Registered Nurse
1.00
Medical Ward MCH
451371
Voss, Vicki J
25Feb08
517227
Registered Nurse
1.00
Medical Ward MCH
450674
Jordan, Erin J
02Mar08
517227
Registered Nurse
1.00
Medical Ward MCH
452534
Bishop, Karen N
03Apr08
517227
Registered Nurse
1.00
Medical Ward MCH
452964
Tobias, Jodi M
09Apr08
517227
Registered Nurse
1.00
Medical Ward MCH
453118
Poulton, Patricia A
09Apr08
517227
Registered Nurse
1.00
Medical Ward MCH
455420
Pike, Rosemary A
29May08
517227
Registered Nurse
1.00
Medical Ward MCH
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
456466
Tabor, Margaret R
12Jun08
517227
Registered Nurse
1.00
Medical Ward MCH
457163
McCrone, Cathleen M
09Jul08
517227
Registered Nurse
1.00
Medical Ward MCH
457913
Clayton, Kenneth R
24Jul08
517227
Registered Nurse
1.00
Medical Ward MCH
441152
Sheehan, Judith
01Nov07
514469
House Services
Assistant
1.00
Domestic Services MCH
442600
Young, Lorraine E
23Nov07
514469
House Services
Assistant
1.00
Domestic Services MCH
442610
Harrison, Shayne
23Nov07
514469
House Services
Assistant
1.00
Domestic Services MCH
442621
Sheehan, Judith
23Nov07
514469
House Services
Assistant
1.00
Domestic Services MCH
442360
Court, Debra A
01Dec07
514469
House Services
Assistant
1.00
Domestic Services MCH
444966
Smith, Jane A
10Jan08
514469
House Services
Assistant
1.00
Domestic Services MCH
445197
Gillard, Bettina J
10Jan08
514469
House Services
Assistant
1.00
Domestic Services MCH
452942
Pouwer, Abraham L
28Mar08
514469
House Services
Assistant
1.00
Domestic Services MCH
456965
Gillard, Geoffrey J
04Jul08
514469
House Services
Assistant
1.00
Domestic Services MCH
442166
Overton, Luke
23Nov07
514628
Attendant
1.00
Medical Orderlies MCH
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
448479
Overton, Luke
02Feb08
514628
Attendant
1.00
Medical Orderlies MCH
451655
Pursell, Daniel J
11Mar08
514628
Attendant
1.00
Medical Orderlies MCH
452115
Birklbauer, Wolfgang
11Mar08
514628
Attendant
1.00
Medical Orderlies MCH
455340
Horrocks, James G
09May08
514628
Attendant
1.00
Medical Orderlies MCH
456626
O'Sullivan, John
28Feb08
515031
Visiting Medical
Specialist
1.00
Visiting Medical Officers
MCH
418842
Moakes, June
01Nov07
514560
Registered Nurse
1.00
Intensive Care Unit MCH
452320
Krellmann, Hans J
11Mar08
514617
Theatre Attendant
1.00
Operating Theatre MCH
453515
Lee, Nicholas P
02May08
514617
Theatre Attendant
1.00
Operating Theatre MCH
433380
Cohen, Jonathon D
02Nov07
514901
Registered Nurse
1.00
Operating Theatre MCH
443147
Dunster, Lindy K
01Dec07
514484
PIMS Clerk
(Casual)
76.00
Patient Information
Management
443133
Jackson, Emma E
07Dec07
514897
Registered Nurse
76.00
Emergency
Category - Non seconded fixed term
Name
Start date
Classification
Type
Pulford, Debbie M
Perkins, John L
29Jan08
07Apr08
515480
517781
Townsend, Gary J
04Feb08
517532
Business Support Officer
Occupational Health and
Safety
Tradesperson - Painter
Contract
hrs
76.00
76.00
76.00
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Hospital
Mersey
Community
Division
Finish date
General Admin Mersey
General Admin Mersey
31/08/2008
31/08/2008
Maintenance & Engineering
31/08/2008
Bakshi, Hitti
Kohli, Suneet
Samarakkody, Akila D
Wallace, Fiona
Baduraliya, Lalith S
Kohli, Sujata
Maddikunta, Raja
Mirza, Mukram A B
Faheem, Bishr
Gupta, Ritesh
Midgley, Sue-Anne M
Richards, Tammie N
Baucza, Dorothy M
Lim, San S
Hodgson, Sharon L
Holland, Shannon L
Johnston, Peter C
Hoodless, Connie E
Barrett, Rachel M
28Feb08
31Mar08
12Feb08
11Dec07
27Jan08
27Jan08
27Jan08
08Jan08
12Mar08
20Feb08
21Jan08
21Jan08
21Jan08
26Mar08
21Jan08
21Jan08
21Jan08
07Jul08
07Jul08
514792
514780
514778
515042
514781
514945
515386
514784
517710
514945
515017
515019
514604
515852
515018
515091
515016
518004
514506
Medical Practitioner
Medical Practitioner
Medical Practitioner
Medical Practitioner
Resident Medical Officer
Medical Practitioner
Medical Practitioner
Resident Medical Officer
Medical Practitioner
Medical Practitioner
Graduate Nurse
Graduate Nurse
Registered Nurse
Pharmacist Trainee
Graduate Nurse
Graduate Nurse
Graduate Nurse
Administrative Assistant
Rostering Secretary
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
76.00
Nauman, Megan L
26Jun08
514474
76.00
Ives, John A
02Jun08
514939
Pawape, Gibson G A
Ashrafy, Masih
Johnson, Kristin M
21Jul08
10Jul08
14Apr08
514943
516508
514991
Senior Occupational
Therapist
Staff Specialist (Obstetrics
and
Career Medical Officer
Medical Practitioner
Medical Typist
Plantinga, Jacqueline D
10Jul08
514470
Senior Dietitian
Ahmedullah, Mohommad
Tun, Mya ZZ
Brown, Anne L
10Jul08
10Jul08
10Feb08
514928
514947
514486
Churchill, Gemma M
10Jan08
514460
Staff Specialist (Medicine)
Medical Practitioner
Communication Support
Officer
Food Services Assistant
76.00
76.00
76.00
76.00
MCH
Medical Officers MCH
Medical Officers MCH
Medical Officers MCH
Visiting Medical Officers MCH
Medical Officers MCH
Medical Officers MCH
Medical Officers MCH
Medical Officers MCH
Visiting Medical Officers MCH
Medical Officers MCH
General Surgical/Rehab Ward
General Surgical/Rehab Ward
Operating Theatre MCH
Pharmacy NWRH
Medical Ward MCH
Medical Ward MCH
Medical Ward MCH
General Admin Mersey
Nursing Services NWRH
Mersey
Occupational Therapy
Services
Visiting Medical Officers MCH
19/01/2009
19/01/2009
19/01/2009
10/12/2009
19/01/2009
19/01/2009
19/01/2009
19/01/2009
19/01/2009
19/01/2009
18/01/2009
18/01/2009
18/01/2009
27/03/2009
18/01/2009
18/01/2009
18/01/2009
31/08/2008
31/08/2008
28/11/2008
3/06/2011
17/01/2010
17/01/2010
31/08/2008
76.00
Medical Officers MCH
Medical Officers MCH
Patient Information
Management
Dietetics MCH
76.00
76.00
12.00
Medical Officers MCH
Medical Officers MCH
Communications MCH
3/06/2011
19/06/2009
31/08/2008
48.00
Food Services MCH
31/12/2008
31/07/2009
Court, Debra A
10Jan08
514464
House Services Assistant
56.00
Domestic Services MCH
30/11/2008
ANNEXURE D
Opening Hospital Assets