Community & Public Health Advisory Committee
POSITION REQUIREMENTS, RESPONSIBILITIES AND OTHER INFORMATION APRIL 2014
CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 1 of 13 MIDCENTRAL DISTRICT HEALTH BOARD Te Pae Hauora o Ruahine o Tararua
“Quality Living – Healthy Lives”
Community & Public Health Advisory Committee
1. Establishment
The Community & Public Health Advisory Committee has been established by MidCentral District Health Board in accordance with Schedule 3, clause 38 of the New Zealand Public Health and Disability Act 2000.
The Committee’s responsibilities are detailed in its terms of reference, and relate to providing the Board advice on the health needs of its resident population, and priorities for the use of the health funding provided.
2. Membership
The Community & Public Health Advisory Committee currently comprises six Board members and three external positions.
Board Member Diane Anderson (Committee Chair) Board Member Barbara Cameron (Committee Deputy Chair) Board Member Adrian Broad Board Member Ann Chapman Board Member Nadarajah Manoharan Board Member Phil Sunderland (ex officio) External Member Andrew Ivory External Member Oriana Paewai External Member
The Committee has a vacancy for a person with public health system strategic planning perspective.
3. Skills Requirements
3.1 Core Competencies
All Committee members are required to have the following core competencies as defined by the Ministry of Health:
a wide perspective on, and awareness of, social, health and strategic issues integrity and a strong sense of ethics financial literacy and critical appraisal skills strong reasoning skills and an ability to actively engage with others in making decisions
CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 2 of 13 knowledge of a board member’s responsibilities, including an ability to distinguish governance from management, understanding of collective responsibility, and an appreciation of Crown as owner good written and oral communication skills an ability to contribute constructively and knowledgeably to Board/Committee discussions and debates.
These qualities will usually be demonstrated through some or all of the following:
governance experience in significant organisations with either a commercial, public service or community focus experience at chief executive or senior management level in organisations that have commercial or public service attributes holding senior positions in relevant professional areas including, but not limited to, health, social services, finance, law, and social policy relevant governance or management experience in community or professional organisations.
3.2 Specific Skills
To enable it to effectively carry out its duties, the Committee is a person with public health system strategic planning perspective.
The Committee currently has two other external members who provide financial and Maori health expertise respectively.
These skills requirements have been identified by MidCentral DHB’s board as desirable given the future pathway for the organisation:
The sector is moving to stronger regional and sub-regional planning, with an increased need for DHBs to plan and prioritise national, regional, sub- regional and local priorities.
The economic environment is likely to remain challenging, with the need for robust financial controls, such as the accountability framework being introduced by MDHB into primary care.
Transformational change in service delivery and integration is required and underway, with new models of care, clinical pathways, and integrated family health centre development.
MDHB is developing plans for investment, and intends to self-fund such investment.
The groups of people who experience health status disadvantage in MidCentral are Maori, Pacific peoples, and people experiencing socio- economic disadvantage.
4. Eligibility
Appointees must reside within New Zealand.
Appointees must also meet the same eligibility criteria as for appointed Board Members. The New Zealand Public Health and Disability Act 2000 (the NZPHD Act) and the Crown Entities Act 2004 (the CE Act) contain grounds for disqualifying certain persons
CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 3 of 13 from becoming appointed members. The following checklist will help those interested in an appointment to see whether they are eligible for appointment to MidCentral DHB’s Committee. Answer the questions, and if you answer YES to any, you’re probably ineligible to be appointed.
Are you an undischarged bankrupt? [Section 30(2)(a), CE Act – the Insolvency Act 1967 sets out bankruptcy and discharge procedures]
Are you prohibited from being a director or promoter of, or being concerned or taking part in the management of, a company under section 382, section 383, or section 385 of the Companies Act 1993? (which also reference certain convictions under that Act and the Crimes Act 1961) [Section 30(2)(b), CE Act]
Are you subject to a property order under the Protection of Personal and Property Rights Act 1988 (the PPPR Act)? [Section 30(2)(c), CE Act]
Are you someone in respect of whom a personal order has been made under the PPPR Act that reflects adversely on your competence to manage your own affairs in relation to your property, or your capacity to make or to communicate decisions relating to any particular aspect or aspects of your personal care and welfare? [Section 30(2)(d), CE Act]
Have you been convicted of an offence punishable by imprisonment for a term of two years or more (or sentenced to imprisonment for any other offence) and have not obtained a pardon, served the sentence, or otherwise suffered the penalty imposed? [Section 30(2)(e), CE Act]
Are you a Member of Parliament? [Section 30(2)(f), CE Act]
Have you, since the date on which board members elected at the immediately preceding triennial general election came into office, been removed as a member of a board for any reason specified in clause 9(c) or (e) of Schedule 3 to the NZPHD Act? [Clause 17(1)(e), Schedule 2, NZPHD Act]
Have you failed to declare a material conflict of interest before accepting nomination as a candidate for an election of a DHB held in conjunction with the immediately preceding triennial general election? [Clause 17(1)(f), Schedule 2, NZPHD Act]
Are you an employee of a public service department? (ie, are you a public servant?) [Cabinet Office Circular CO (02) 5]
5. Conflicts of Interest
The New Zealand Health and Disability Act 2000 includes specific requirements for Directors in respect of current or potential conflicts of interest – Schedule 4, clauses 38 and 39. These provisions are set out as attached.
CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 4 of 13 Applicants for Committee positions must declare their conflicts of interest (current and potential, ie that may arise in the future) in their application. This includes the nature and extent of any conflicts of interest in matters relating to the DHB.
During the shortlisting and interview process applicants will be required to describe how they intend to manage identified conflicts, if appointed to the Committee.
Committee Members are required to keep their conflicts of interest under review and ensure that any changes are entered into MidCentral DHB’s conflict of interest register.
6. Responsibilities of External Members
All external members appointed to the Committee shall have the same rights and responsibilities as the Board members who are serving on the Committee. They shall have full voting rights.
The duties of Board Members are defined in legislation; namely the New Zealand Public Health and Disability Act 2000 and the Crown Entities Act 2004. An extract from these Acts is attached.
7. Manawhenua Hauora - MidCentral DHB’s Iwi Partner
Manawhenua Hauora is a consortium of all four Iwi who have manawhenua status in the Manawatu, Horowhenua, Tararua and Otaki districts.
It sits alongside MidCentral DHB at the governance level and provides advice on matters to achieve the best health outcomes for all Maori in the district. Manawhenua Hauora participates in the development of the Board’s strategic and annual plans. It is kept up to date on the work of the Board and its committees through receipt of the meeting minutes and agenda documents.
Manawhenua Hauora is able to provide support and guidance to those members of the DHB’s statutory committees, such as the Community & Public Health Advisory Committee, who provide Maori health expertise.
8. Appointment Term
The appointment shall be for a 36 month period commencing on 2 July 2014 and ending 30 June 2017.
Members are eligible for reappointment.
9. Time Involvement
It is expected that Committee Members’ involvement shall largely be centred around meetings of the Committee, and preparation for such meetings.
The Community & Public Health Advisory Committee meets 8 times a year. Meetings are held on Tuesdays at 1.00pm. The frequency of meetings will be kept under review.
CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 5 of 13 Generally, meetings are held at MidCentral DHB’s Board Office, Gate 2, Heretaunga Street, Palmerston North.
The 2014 meeting programme for 2014 is:
4 February 18 March 29 April 10 June 22 July 2 September 14 October 25 November
As a general rule, meetings can run for 2-4 hours. In addition, there is associated preparation work, which is estimated to take up to 1 day per meeting.
Members will also be required to participate in any Committee strategic planning sessions/workshops and undertake other duties. The need for these planning sessions shall be determined by the Committee.
10. Fees and Expenses
10.1 Fees
The fee applicable to Committee Members is $250.00 per meeting, up to a maximum of $2,500 per annum. This fee is payable only upon attendance and covers all duties undertaken by the member.
Fees are not paid for other activities, such as workshops, training and orientation.
Fees are paid monthly in arrears by direct credit. They are set by the Government and reviewed periodically.
10.2 Expenses
Committee members will be reimbursed travel expenses incurred in attending Committee meetings. These will be paid on the basis of the published IRD rate which is currently 77 cents per kilometre.
Other expenses are paid on the basis of “actual and reasonable”. Receipts are required.
Payment of expenses is made upon completion of an expense form.
11. Orientation
An orientation programme shall be provided to all appointees. This shall incorporate the role and responsibilities of the Board, its committees, and a general overview of the organisation and its management team.
All appointees must undertake this programme within three months of appointment.
12. Selection Process
All applicants will be considered against the skills criteria, and shortlisted candidates will be required to participate in a formal interview process. It is envisaged that the interview process will take place during June. CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 6 of 13
The Board’s decision shall be final, and all appointments will be advised to the Minister of Health in accordance with legislative requirements.
All applicants will be advised in writing as to the outcome of their application.
It is expected that the appointment process will be concluded by the 1 July 2014.
13. Applications
All applications must be in writing and on MidCentral’s application form (copy attached), and supported by a curriculum vitae.
Applications should outline the skills and knowledge, which the candidate has which are of direct relevance to the Committee’s role and responsibilities, and how they will add value to the outcomes of the Committee’s decision-making and governance processes.
Applicants are required to submit the name of three referees.
14. Closing Date for Applications
All applications must be received by Friday, 30 May 2014, and should be send to:
Principal Administration Officer MidCentral District Health Board PO Box 2056 Palmerston North 4440
Attention: Committee Member Application
Or emailed to:
CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 7 of 13 Disclosure of members’ interests
EXTRACT FROM NEW ZEALAND HEALTH AND DISABILITY ACT 2000, SCHEDULE 4
38 Disclosure of interests
(1) A member of a committee who is interested in a transaction of the DHB must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest to the committee.
(2) A member of a committee who makes a disclosure under this clause must not (unless subclause (4) applies, or the board, by a waiver or modification of the application of this subclause under clause 39, permits)—
(a) take part, after the disclosure, in any deliberation or decision of the committee relating to the transaction; or
(b) be included in the quorum required by clause 27 for any such deliberation or decision; or
(c) sign any document relating to the entry into a transaction or the initiation of the transaction.
(3) A disclosure under this clause must be recorded in the minutes of the next meeting of the committee concerned and entered in a separate interests register maintained for the purpose.
(4) However, a member of the committee who makes a disclosure under this clause may take part in any deliberation (but not any decision) of the committee relating to the transaction concerned if a majority of the other members of the committee permits the member to do so.
(5) If subclause (4) applies, the committee must record in the minutes of its next meeting—
(a) the permission and the majority’s reasons for giving it; and
(b) what the member says in any deliberation of the committee relating to the transaction concerned.
(6) Every member of a committee who has completed a statement under clause 38(6) of Schedule 3 or clause 6(3) must ensure that—
(a) the statement is incorporated in the interests register maintained under subclause (3); and
(b) any relevant change in the member’s circumstances affecting a matter disclosed in that statement is entered in that register as soon as practicable after the change occurs.
(7) In this clause and clause 39, committee includes a committee established under clause 38 of Schedule 3.
39 Board may waive or modify application of clause 38(2)
CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 8 of 13 (1) The board may, if satisfied it is in the public interest, or the interests of the DHB concerned, to do so, waive or modify the application of all or any part of clause 38(2) in respect of—
(a) any particular member of a committee
(b) any transaction, or class of transaction.
(2) The board must effect any waiver or modification under subclause (1) by written notice to the committee, and may make the waiver or modification subject to any conditions the board thinks fit.
(3) The board must give the Minister a copy of any such notice within 10 working days after the date on which the board issues the notice.
CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 9 of 13 Duties of Board Members
EXTRACT FROM NEW ZEALAND HEALTH AND DISABILITY ACT 2000 & CROWN ENTITIES ACT 2004
New Zealand Public Health and Disability Act 2000 27 Duties of board (1) The board of a DHB must ensure that the DHB acts in a manner consistent with any relevant plan prepared under section 38, and any directions under section 33, 33A, or 33B of this Act or section 103 or section 107 of the Crown Entities Act 2004. (2) The duty in subsection (1)— (a) applies in addition to the duties of the board in sections 49 to 52 of the Crown Entities Act 2004; and (b) is a collective duty owed to the Minister for the purposes of section 58 of the Crown Entities Act 2004. (3) Despite section 60(1) of the Crown Entities Act 2004, a member of a board of a DHB may not apply for a court order under that section. 38 Planning framework and requirements (1) The Minister— (a) must direct every DHB to prepare a plan for each financial year beginning on or after 1 July 2011; and (b) may direct a DHB to prepare or contribute to 1 or more other plans. (2) Every plan— (a) must address— (i) local, regional, and national needs for health services; and (ii) how health services can be properly co-ordinated to meet those needs; and (iii) the optimum arrangement for the most effective and efficient delivery of health services; and (b) must demonstrate how a DHB that is a party to the plan is to give effect to the purposes of this Act; and (c) must demonstrate how a DHB that is a party to the plan is to operate in a financially responsible manner; and (d) must reflect the overall direction set out in, and not be inconsistent with, the New Zealand health strategy and the New Zealand disability strategy. (3) A DHB that is a party to a plan must comply with any requirements (including any procedural requirements) relating to the plan that are stated in regulations (if any). (4) The plan is finalised once it is— (a) approved by the Minister after he or she is satisfied that the requirements of subsections (2) and (3) have been met; and (b) signed by the Minister and every DHB that is a party to the plan. (5) A DHB that is a party to the plan must give effect to it and any amendments to it. (6) The plan may be amended at any time in the same manner as it was made. (7) A DHB that is a party to the plan must ensure that the plan and any amendments to it are publicly available as soon as is reasonably practicable after the plan is finalised. (8) In making the plan (and any amendments to it) publicly available, a DHB may omit any information that may properly be withheld under the Official Information Act 1982 if a request for that information were made under that Act.
CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 10 of 13 33 Minister may require provision of services (1) The Minister may, from time to time, by written notice to a DHB, require the DHB to provide or arrange for the provision of any services that are specified in the notice, but the notice may not— (a) require the supply of services to any named individuals or organisations; or (b) require the supply of services by any named individuals or organisations (other than any DHB); or (c) specify the price for any services. (2) Before giving the notice, the Minister must— (a) have regard to section 22 and section 23, the New Zealand health strategy, the New Zealand disability strategy, and any plan prepared under section 38 that the DHB is a party to; and (b) consult the board of the DHB as to the services that are to be required to be provided or arranged, and the cost and funding of those services. (3) A notice under subsection (1) is a direction for the purposes of the Crown Entities Act 2004 and must be published in the Gazette and presented to the House of Representatives in accordance with section 115 of that Act. 33A Proposals and directions in relation to administrative, support, and procurement services (1) A proposal stating how administrative, support, and procurement services within the public health and disability sector should be obtained may be submitted to the Minister by the Director- General or any person or body approved by the Minister for the purpose. (2) If the Minister has reason to believe that the proposal will enhance the effective and efficient operation of the public health and disability sector and should be implemented, the Minister must— (a) consider whether the proposal can be reasonably implemented without a direction under subsection (3); and (b) consult any DHB that is not already a party to the proposal and is likely to be affected by it; and (c) consult any other person or body that the Minister considers appropriate. (3) If the Minister considers that the proposal cannot be reasonably implemented otherwise, he or she may give a direction to 1 or more DHBs— (a) stating how administrative, support, and procurement services must be obtained (for example, specifying a process to be followed in obtaining those services); or (b) stating who must provide particular administrative, support, and procurement services for the DHB or DHBs. (4) The direction must be in writing and must be signed by the Minister and the Minister of Finance. (5) Sections 113 and 114(3)(a) of the Crown Entities Act 2004 do not apply to this section. (6) In this section, administrative, support, and procurement services— (a) means services that do not relate directly to, but are necessary for, the provision of care to patients or care or support to people with disabilities; and (b) without limiting the generality of paragraph (a), includes any of the following: (i) procurement of non-clinical and clinical supplies: (ii) financial services: (iii) human resources and payroll services: (iv) clerical services: (v) facilities management, engineering, and maintenance services: (vi) information systems and technology.
CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 11 of 13 33B Minister may give directions to all DHBs (1) The Minister may give a direction to all DHBs to comply with stated requirements for the purpose of supporting government policy on improving the effectiveness and efficiency of the public health and disability sector. (2) The direction must be in writing and must be signed by the Minister and the Minister of Finance. (3) Before giving the direction, the Minister must, to the extent (if any) that the Minister considers necessary in the circumstances,— (a) consult all DHBs; and (b) consult persons that the Minister considers are representative of the interests of persons likely to be substantially affected by the proposed direction. (4) As soon as practicable after giving the direction, the Minister must— (a) notify all DHBs that the direction has been given and that it will come into force subject to subsection (5); and (b) present a copy of the direction to the House of Representatives. (5) The direction comes into force 15 sitting days after it is presented to the House of Representatives unless the House of Representatives resolves, in that period, to disapply the direction. (6) Every DHB must give effect to the direction as soon as it comes into force. (7) As soon as practicable after the direction comes into force, the Minister must ensure that a copy of it is published in the Gazette and on an Internet site operated by the Ministry of Health. (8) If the direction does not come into force, the Minister must, as soon as practicable, notify all DHBs that the direction has been disapplied and that it will not come into force. (9) Section 113 of the Crown Entities Act 2004 applies to a direction given under this section as if it were a Ministerial direction given under that Act. (10) No direction may be given under this section to Crown entity subsidiaries. (11) For the purposes of section 115(5) of the Crown Entities Act 2004, the procedure set out in this section is a procedure for giving directions.
Crown Entities Act Collective duties of board 49 Entity must act consistently with objectives, functions, statement of intent, and output agreement The board of a statutory entity must ensure that the entity acts in a manner consistent with its objectives, functions, current statement of intent, and output agreement (if any) under Part 4. 50 Manner in which functions must be performed The board of a statutory entity must ensure that the statutory entity performs its functions – (a) efficiently and effectively; and (b) in a manner consistent with the spirit of service to the public; and (c) in collaboration with other public entities (within the meaning of that term in the Public Audit Act 2001) where practicable. 51 Entity must operate in financially responsible manner The board of a statutory entity must ensure that the entity operates in a financially responsible manner and, for this purpose, that it— (a) prudently manages its assets and liabilities; and (b) endeavours to ensure— (i) its long-term financial viability; and (ii) that it acts as a successful going concern. CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 12 of 13 52 Subsidiaries and other interests The board of a statutory entity must ensure that the entity complies with sections 96 to 101. 103 Power to direct Crown agents to give effect to government policy (1) The responsible Minister of a Crown agent may direct the entity to give effect to a government policy that relates to the entity’s functions and objectives. (2) Sections 114 and 115 apply to the direction. (3) This section is subject to section 113. 107 Directions to support whole of government approach (1) The Minister of State Services and the Minister of Finance may jointly direct Crown entities to support a whole of government approach by complying with specified requirements for any of the following purposes: (a) to improve (directly or indirectly) public services; (b) to secure economies or efficiencies; (c) to develop expertise and capability; (d) to ensure business continuity; (e) to manage risks to the Government’s financial position. Example: A direction may be given requiring that all Crown entities comply with e-government requirements to improve public services. (2) The direction may be given only— (a) to 1 or more categories of Crown entities (for example, to all statutory entities, all Crown entity companies, or all school boards of trustees); or (b) to 1 or more types of statutory entity (for example, to all Crown agents); or (c) to a group of Crown entities (whether made up of categories or types) if: (i) the group is made up of at least 3 Crown entities; and (ii) the entities in the group have in common at least 1 significant characteristic that relates to the direction for example, the characteristic could relate to the Crown entities’ asset holdings or presence in a region). (2A) For the purposes of subsection 2(a), companies named in Schedule 4A of the Public Finance Act 1989 may be treated as a category of Crown entities.
(3) No direction may be given under this section to Crown entity subsidiaries.
CPHAC Position Requirements, Responsibilities and Other Information, April 2014 Page 13 of 13