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[F.A.Q.]
Papua New Guinea Consolidated Legislation |
No. 16 of 2007.
Christian Health Services of Papua New Guinea Act 2007.
Certified on: 15/11/2007.
No. 16 of 2007.
Christian Health Services of Papua New Guinea Act 2007.
ARRANGEMENT OF SECTIONS.
1. Preamble.
2. Interpretation.
3. Objects of the Service.
4. Incorporation of the Service.
5. Membership of the Service.
6. Associate membership.
7. Membership fees.
8. Rules, etc.,.
9. Copy of rules to be lodged.
10. Powers of the Service.
11. General Assembly.
12. The Executive.
13. Meetings of the Executive.
14. Vacation of office.
15. Casual vacancies.
16. Delegation.
17. Functions of the Executive.
18. Functions of the Executive Officer.
19. Regional and provincial Christian Health Service Groups.
20. Seal of the Service.
21. Application.
22. Duty of the recipient.
23. Recipient budget and performance and management plan.
24. Financial Controls.
25. Performance and Management Reports.
26. Withholding of finances.
27. Recovery of grants.
28. Responsibility of the Service.
29. Powers of inspection of the Executive.
30. Saving of Contracts.
31. Action etc., not to abate.
32. First Rules.
33. First Executive.
Being an Act to provide for the Christian Health Services through government funded Christian health agencies,
MADE by the National Parliament to come into operation in accordance with a notice, in the National Gazette, by the Head of State, acting with, and in accordance with, the advice of the Minister.
1. PREAMBLE.
2. INTERPRETATION.
“Health Service or service” means the Christian Health Service of Papua New Guinea established by Section 4 of this Act;
“service property” means all real or personal property in Papua New Guinea for the time being belonging to the Health Service in which the service has any interest or title;
“a church or Christian organization” is a registered body of people who follow the doctrines of the Triune God, the Father, the Son, and the Holy Spirit, and that Jesus is the Son of God, was crucified, born again, ascended into heaven and works through the Holy Spirit;
“Executive” means the Executive of the Health Service to be established under Section 12 of this Act;
“Delegate” means a delegate to the General Assembly of the Service appointed under provisions of Section 12 of this Act;
“Executive Member” means a member of the Executive elected under Section 13 of the Act;
“General Assembly” means the General Assembly of the Christian Health Service composed of delegates of each member agency convened under provisions of Section 12;
“a grant” is a defined by the National Health Administration Act 1997 Section 27, as a grant, subsidy, gift, allocation, or allowance whether in money or in kind given by the National Government or a Provincial Government, or Local-level Government for the operation of health facilities or the provision of health services or programs;
“a Health Worker” is registered with the Nursing Council of Papua New Guinea or the Medical Board of Papua New Guinea;
“Member” is a Member of the Christian Health Services defined by Sections 6 and 7 of this Act;
“associate member” is an Associate Member of the Christian Health Service as defined by Section 7 of this Act;
“full member” is a Full Member of the Christian Health Association as defined by Section 6 of this Act;
“a recipient” is a Member in receipt of or entitled to receive a grant, as defined in the National Health Administration Act 1997 Section 27(1);
“a user fee” is defined in the Public Hospital (Charges) Act whose collection is authorized by the National Health Administration Act 1997 Section 29.
3. OBJECTS OF THE SERVICE.
(a) to encourage and develop the highest level of physical, social, psychological and spiritual health for the people of Papua New Guinea, within the framework of national and provincial health policies, and in so doing offer the people belief in Christ as healer of all persons; and
(b) to promote and ensure accountability and transparency of each Member for the effective and efficient use of Government funding; and
(c) to support health workers and Members by providing means of Fellowship and Christian witness, and sharing of experience and knowledge in a ministry of healing; and
(d) to promote co-operation between churches an Christian organizations in health matters; and
(e) to foster the best possible provision of health services, training programs, joint planning and sharing of resources; and
(f) to promote the ideals of –
(i) the caring community; and
(ii) social justice; and
(iii) self-reliance; and
(g) to encourage Christian Health Services to contribute through –
(i) a service which emphasizes preventive and primary health care for all, with preferential option for the poor and the vulnerable; and
(ii) committment and dedication of individual workers ensuring community of services; and
(iii) encouragement of self reliance by involving the community in providing better health services; and
(iv) training and providing staff particularly for work in rural areas; and
(v) finding new or alternative approaches to solving health problems; and
(vi) co-operation with the Government in planning and achieving objectives of national, provincial and district health plans.
4. INCORPORATION OF THE SERVICE.
(a) is a corporation by the names of Christian Health Services of Papua New Guinea; and
(b) has perpetual succession; and
(c) shall have a seal; and
(d) is capable by that name of –
(i) suing and be sued;
(ii) taking purchasing and holding property (including property devised, bequeathed, or given to the Service); and
(iii) granting, selling, alienating, assigning and demising property.
5. MEMBERSHIP OF THE SERVICE.
(a) a statement of belief of the church or organization; and
(b) references from two (2) member organization of the Papua New Guinea Council of Evangelical Churches; and
(c) a description of health services offered by the agency; and
(d) a statement from the Provincial Health Advisor of the province or provinces in which it has health work or plans health work, approving that work.
(a) if the Member acts contrary to the objects of the Service; and
(b) two months after a notice of motion is sent to all Members; and
(c) voted on by a two thirds majority of delegates present at a General Assembly.
6. ASSOCIATE MEMBERSHIP.
(a) if such an associate member acts contrary to the objects of the Service; and
(b) two months after a notice of motion is sent to all members of the Service and voted on a two thirds majority of voting delegates; and
(c) voted on by a two thirds majority of delegates present at a General Assembly.
7. MEMBERSHIP FEES.
8. RULES, ETC.,.
9. COPY OF RULES TO BE LODGED.
10. POWERS OF THE SERVICE.
(a) to enter into agreements with National, Provincial and Local-level Governments on operation of health facilities or delivery of health service or programs; and
(b) to ensure that each Member is responsible for the wise, efficient and effective use of its resources and those of the State for operation of health facilities and delivery of health services and programs; and
(c) to summon and arrange meetings; and
(d) to appoint committees for furtherance of its objectives; and
(e) to collect, receive and disburse monies for the objects of the service; and
(f) to print, publish, and distribute books, pamphlets and other literature relating to its working; and
(g) to accept and adopt an annual budget and request support from member and donor agencies; and
(h) to invest and deal with funds of the Service not immediately required in such a manner as may from time to time be thought fit; and
(i) to establish and maintain superannuation or annuity funds for permanent employees of the Service or employees of Members; and
(j) to purchase, take on lease, acquired by gift, device, exchange or otherwise any property in Papua New Guinea; and
(k) to sell the Service property or any part or parts of it, either together or in parcels, by public auction or private contract for cash or on credit, on such terms and subject to such conditions as the Service thinks proper; and
(l) to exchange the Service property or any part or parts of it for other property; and
(m) to transfer and assure the Service property when sold or exchanged to the purchaser or purchasers or to the person taking such exchange, freed and discharged from the trust affecting it; and
(n) to raise sums of money when and on such terms as the Service thinks proper, by deposit, of deeds or by mortgage, with or without power of sale, of the Service property or any part or parts of it and to execute proper assurance for that purpose; and
(o) to demise and lease the Service property or any part of it for such periods at such rents and on such terms and conditions as the Service thinks proper; and
(p) to appoint by instrument under the seal of the Service a person or persons as the Attorney or Attorneys of the Service, either generally or in respect of specified matters, and to act in any place and all deeds signed by the attorney or attorneys, as the case may be, on behalf of the Service and under his seal or seals are binding on the Service and have effect as if they were under the seal of the Service; and
(q) to receive gifts and endowments of land, money or other property, whether subject or not to any special trust or
(r) to invest money in such lands, shares, bonds, stocks or other securities as it thinks proper; and
(s) to insure Service property against such risks and to insure against claims for damages or compensation by employees.
11. GENERAL ASSEMBLY.
12. THE EXECUTIVE.
(a) New Guinea Island; and
(b) Momase; and
(c) Highlands; and
(d) Southern.
(a) The Chairman; and
(b) Vice –Chairman; and
(c) Secretary; and
(d) Treasurer; and
(e) Four (4) committee members.
13. MEETINGS OF THE EXECUTIVE.
(a) rules on matters of procedures; and
(b) ensures efficient running of the meeting.
14. VACATION OF OFFICE.
(a) dies; or
(b) declines to act; or
(c) is convicted in a Court of Law of any offence involving dishonesty or immorality; or
(d) is guilty of conduct unworthy of Christian standards; or
(e) resigns his seat; or
(f) is absent without leave of the Executive from two consecutive meetings of the Executive without leave of absence first obtained; or
(g) ceases to be a member of the church or organization which he represents.
15. CASUAL VACANCIES.
16. DELEGATION.
17. FUNCTIONS OF THE EXECUTIVE.
(a) controls and manages the affairs and concerns of the Service; and
(b) shall act in all matters concerning the Service to promote the objects and purposes of the Health Service.
18. FUNCTIONS OF THE EXECUTIVE OFFICER.
(a) be Chief Executive of the Secretariat; and
(b) perform such duties as the Service may assign his office in fulfilment of the objects of the Service; and
(c) implement the Service’s policies; and
(d) keep records of all Service Members and Associate Members, the General Assembly, the Executive, and attendance at meetings; and
(e) appoint staff subordinate to him as needed to perform functions of the Service; and
(f) write duty statements of employed and volunteer staff; and
(g) determine wages and salaries of employees by agreement of the Executive; and
(h) prepare a budget and control funds; and
(i) appoint auditors for the accounts of the Service; and
(j) at the end of each financial year submit to the General Meeting a Written annual report on activities and financial performance of the Service; and
(k) represent and be the spokesperson of the Service.
19. REGIONAL AND PROVINCIAL CHRISTIAN HEALTH SERVICE GROUPS.
(a) membership of local Service is open only to Members of the Service; and
(b) election of representatives of all members of local Service; and
(c) decisions made by local Service shall be compatible with decisions made by the Service; and
(d) copies of minutes of all meeting of each local Service shall be forwarded to the Chairman of the Executive; and
(e) local Service may liaise with Provincial Governments and Administration, District Administrations and Local-level Governments; and
(f) a local Services contracts or dealing with the National Government, Provincial Government, Local-level Government or District Authority shall only have effect after endorsement by the Executive.
20. SEAL OF THE SERVICE.
21. APPLICATION.
22. DUTY OF THE RECIPIENT.
23. RECIPIENT BUDGET AND PERFORMANCE AND MANAGEMENT PLAN.
(a) government funding proposed to be received; and
(b) expenditure proposed for the recipient, administration; and
(c) expenditure proposed for the health facilities, services or programs.
(a) provide reports and other information concerning the health of the population and concerning the operating the health of the provision of services and programs; and
(b) be in such form, and shall contain other information, specified in the Rules of the health service.
24. FINANCIAL CONTROLS.
(a) financial control mechanisms are in place; and
(b) proper records are kept for receipts and payments of government funding entitled but not received, and of all expenditure incurred but unpaid; and
(c) all expenditure is properly authorized and applied to purposes for which it is appropriate; and
(d) all expenditure including unpaid commitments do not exceed budgetary allocations during the fiscal year; and
(e) all accounts and records relating to functions and operations of the agency are properly maintained; and
(f) all expenditure is incurred with regard to economy, efficiency and effectiveness and avoidance of waste; and
(g) all necessary precautions are taken to safeguard stores and other property of the State; and
(h) any fee imposed by the recipients is collected promptly and to the fullest extent; and
(i) proper estimates in respect of collection and expenditure of public moneys are prepared; and
(j) information required by the Service is submitted to the Service accurately and promptly; and
(k) as soon as practicable after the end of each quarter of each fiscal Year the recipient submits to the Executive a report on financial management in a form specified in the Rules of the Health Service.
25. PERFORMANCE AND MANAGEMENT REPORTS.
26. WITHHOLDING OF FINANCES.
(a) there has been a breakdown in the administration of a recipient; or
(b) there has been deliberate and persistent frustration of or failure to comply with lawful requirements of Service; or
(c) a recipient has deliberately and persistently disobeyed applicable laws, including laws related to performance and financial budgeting reporting; and
(d) there has been a failure to carry out functions in accordance with the policies and standards of the National Department of Health or the Service, the Executive shall direct the recipient to rectify the matter and such direction shall specify the manner and time of rectification.
27. RECOVERY OF GRANTS.
28. RESPONSIBILITY OF THE SERVICE.
(a) to co-ordinate and monitor implementation of national and provincial policies by each recipient; and
(b) to establish minimum service standards; and
(c) to monitor maintenance of those standards in the overall provision of health services by each recipient; and
(d) to ensure performance audit of the recipient; and
(e) to assess the effectiveness and efficiency of the recipient; and
(f) to recommend to the Service on strengthening the agency.
29. POWERS OF INSPECTION OF THE EXECUTIVE.
(a) collection, receipt, and expenditure and issue of moneys of the agency; and
(b) receipt, custody, disposal, issue or use of stores or other property of the agency; and
(c) implementation of management and performance plans.
30. SAVING OF CONTRACTS.
31. ACTION ETC., NOT TO ABATE.
32. FIRST RULES.
33. FIRST EXECUTIVE.
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