Legal Requirements

Legislation

Health services have a number of legal responsibilities determined by both Commonwealth and NT legislation. Most legislation covering the operations of health professionals and health services is under NT jurisdiction. Commonwealth jurisdiction covers more general issues, such as anti-discrimination, taxation, superannuation and employment.

Through these Acts health services are required to:

• Comply with and meet the minimum employment requirements of federal and state/territory awards or employment agreement and provide a pay advice slip.
• Not discriminate against particular groups or individuals on the basis of race, gender, sexuality, marital status, pregnancy, disability or age.
• Keep records of all employees.
• Fulfil tax obligations applicable to your organisation, eg income tax, fringe benefits tax and GST.
• Provide the minimum level of superannuation support to all employee.
• Provide a healthy and safe workplace.
• Register for Workers Compensation and follow the requirements for insurance, accidents and rehabilitation.

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Health Services

 

Medicare & PBS

Health Insurance Act 1973 Commonwealth

The Commonwealth Health Insurance Act 1973 provides for the operations of the Medical Benefits Scheme and the Pharmaceutical Benefits Scheme under which Medicare operates. It includes the conditions under which Medicare Australia (formerly Health Insurance Commission) will pay for services rendered by doctors (either directly or on their behalf) to patients according to the Medicare Benefits Schedule. A guide to the rules governing access to the MBS are detailed in the front sections of the Medicare Benefits Schedule, which all health services should receive from the Department of Health and Ageing (DoHA) and also available on line.

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Coroner's Act NT

The NT Coroners Act and Coroners Regulations detail when the Coroner must be informed of a death. The Act defines a reportable death as one:

• that appears to have been unexpected, unnatural or violent
• that appears to have resulted, directly or indirectly, from an accident or injury
• that occurred during an anaesthetic
• that occurred as a result of an anaesthetic and is not due to natural causes
• of a person who, immediately before death, was a person held in care (a child held under the Community Welfare Act or a person under the Mental Health Act)or custody (of the police, prison or detention system)
• that was caused or contributed to by injuries sustained while the person was held in custody
• of a person whose identity is unknown.

A medical practitioner who is present at or after the death of a person shall report the death as soon as possible to a coroner if:

• the death is a reportable death
• the medical practitioner does not view the body of the deceased person
• the medical practitioner is unable to determine the cause of death.

Once a death is reported to the Coroner, the body of the deceased person is under the control of the Coroner, and cannot be disposed of until the Coroner has issued a certificate permitting its disposal.

Under the Act senior next of kin have the following rights:

• to be notified of the death as soon as possible
• to request to view the scene of death and view the body
• to be notified of a decision to perform an autopsy
• to request the coroner that an autopsy either be performed or not performed
• to apply to inspect and copy the record and file of an investigation or inquest
• to be advised of the date of the inquest, if one is to be held
• to be informed in writing of the decision not to hold an inquest
• to apply to the Supreme Court for an order that an inquest be held
• to appear or be represented at an inquest, call and examine or cross-examine witnesses and make submissions
• to request the Coroner to order that inquest proceedings not be published and
• to apply to the Supreme Court to set aside inquest findings.

It is important that the senior next of kin are aware of their rights in these matters.

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Complaints

Health and Community Services Complaints Act NT

The NT Health And Community Services Complaints Act establishes and outlines the powers the Health and Community Services Complaints Commission. It has a process to be followed when complaints relating to health or community services are made. A number of Aboriginal community controlled health services are listed in the schedule; these are Anyinginyi Congress Aboriginal Corporation, Central Australian Aboriginal Congress Incorporated, Danila Dilba Biluru Butji Binnilutlum Medical Service Aboriginal Corporation, Miwatj Health Aboriginal Corporation and Wurli Wurlinjang Aboriginal Health Service. Nursing homes and private general practitioners also are subject to this Act.

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Registration Boards

The NT Health Practitioners Act 2004 provides for the registration and licensing of AHWs, chiropractors, dentists, doctors, midwives, nurses, occupational therapists, optometrists, osteopaths, pharmacists, physiotherapists and psychologists, and defines the functions of the respective Registration Boards. The AHW Registration Board is the one most relevant to Aboriginal health services.

Health Professions Licensing Authority

The NT Health Professions Licensing Authority is a branch of the Department of Health and Community Services and is responsible for providing the necessary support for the effective operation of ten (10) health professional boards including the AHW Registration Board. It also provides complaints management services, board meeting support services, professional advice and support services and statutory accountability.

There are plans to introduce a National Registration process by July 2008. It remains to be seen whether this timeline will be met. We will update this section when changes become clear.

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Mental Health Act NT

The NT Mental Health And Related Services Act provides for the care, treatment and protection of people with mental illness. It provides for a person with a real and immediate concern for the welfare of the client or the safety of others to request an assessment for treatment by a doctor, designated mental health practitioner or psychiatrist. A form must be completed to make the request and this may include the need for police escort.

Contact NTDHCS Mental Health Services for forms and advice.

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Natural Death Act NT

The NT Natural Death Act 1988 and the Natural Death Regulations 1989, NO. 14 provide for people over the age of 18 years to register their desire not to have their life prolonged by artificial means.

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Notifiable Diseases

Notifiable Diseases Act NT

The NT Notifiable Diseases Act specifies which diseases must be notified to NT authorities. The Communicable Disease staff in NTDHCS can provide details of what is required.

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Poisons and Dangerous Drugs Act

The NT Poisons And Dangerous Drugs Act and the Poisons and Dangerous Drugs Regulations regulate the sale, supply, storage, possession and use of poisons and dangerous drugs. For health services, Schedule 8 drugs must be securely stored in a locked room in a safe or locked cupboard. When carried they must be kept in a locked bag. Keys must remain in the possession of the person in control of the substance. Health services must keep a register of drugs, where records of use of substance, including patient and practitioner details are kept.

The Schedule of substance under the Act are:

Schedule 1

Substance of plant origin of sufficient danger to warrant them to be only available from doctors, pharmacist or veterinarians (eg Tansy oil)

Schedule 2

Substances available from pharmacies, or licensed persons (eg Aspirin)

Schedule 3

Therapeutic substance so dangerous or subject to abuse that warrant availability only through doctors, pharmacist, dentist or veterinarians (eg hydrocortisone)

Schedule 4

Substances that are restricted to prescription by doctors, dentist or veterinarians (eg antibiotics, vaccines)

Schedule 5

Substances of a hazardous nature requiring caution in handling, storage and use (eg ether, warfarin).

Schedule 6

Substance that must be available to the public but are more hazardous than those in Schedule 5 (eg creosote, eucalyptus oil >25%).

Schedule 7

Substances that require special precautions in handling, storage and use, and labelling requirements (eg allyl alcohol, arsenic)

Schedule 8

Substances that are drugs of dependence (eg pethidine, dexamphetamine). These must be stored in a locked room, safe or cupboard.

 

• Quick Guide for Medical Practitioners to prescribe Schedule 8 Substances
• Summary of Requirements for Medical Practitioners
• The Schedule 8 and Restricted Schedule 4 Substance Clinical Advisory Committee (CLAC)
• Schedule 8 and Restricted Schedule 4 Substances Policy and Clinical Practice Guidelines
• Storage and Disposal of Schedule 8 Substances

Forms for Medical Practioners (doc)

• Patient Contract Form
• Notification of Supply of a Non-Restricted S8 Substance
• Application for the Authority to Prescribe a Restricted S8 Psychostimulant Medication
• Application for the Authority to Prescribe a Restricted S8 Substance for the Treatment of Addiction

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Public Health Act NT

The NT Public Health Act details the public health responsibilities of various government positions, and includes regulations on a range of areas impacting on public health including sanitations, medical and dental premises, hostels, eating houses, garbage disposal, and mosquito control. See also the Public Health (Cervical Cytology) Regulations and the Public Health (Medical and Dental Inspection of School Children) Regulations.

Emergency Medical Operations Act

The Emergency Medical Operations Act outlines the requirements regarding the performance of emergency operations and blood transfusions.

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Information Act NT

The NT Information Act 2002 and the NT Information Regulations came into operation on 1 July 2003. It combines Freedom of Information (FOI), privacy and records management legislation.

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Community Services

Privacy Act - Commonwealth

The Commonwealth Privacy Act 1988 gives effect to the Organisation for Economic Cooperation and Development Guidelines on the Protection of Privacy and Transborder Flows of Personal Data and the International Covenant on Civil and Political Rights (Article 17). The guidelines cover the collection of personal information, its use, access to and alteration of the information.

The Act has three areas in which the guidelines are given specific effect in the form of legally binding standards.

• Information Privacy Principles: To protect personal information that federal government departments or agencies collect. There are strict privacy safeguards that agencies must observe in collecting, storing and using information.
• Tax File Numbers Guidelines: To ensure that tax file numbers are collected and used only for tax related or assistance agency purposes.
• Consumer Credit Reporting: Privacy protection for consumer credit information, including the type of information that may be collected and the use and disclosure of this information.
• The Privacy Commissioner also has a function of encouraging businesses to conform voluntarily to the guidelines.

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Adult Guardianship

Adult Guardianship Act NT

The NT Adult Guardianship Act provides for guardianship for adults who have an intellectual disability, including dementia. Family and Children’s Services within the NTDHCS can provide further information.

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Births & Deaths Registration

Births, Deaths and Marriages Registration Act NT

The NT Births, Deaths And Marriages Registration Act and the NT Births, Deaths and Marriages Registration Regulations provide for the registration of births, deaths and marriages.

The Registry of Births, Deaths and Marriages must be notified of a birth within 10 days after the birth.

In the case of a stillbirth, a Medical Certificate Cause of Perinatal Death stating the cause of foetal death must be provided to the Registry. This can be completed by the doctor attending the birth or by the doctor who examines the body of the stillborn child. A stillbirth is defined as a foetus more than 20-weeks-old or more than 400gms weight.

The Registry must be informed of a death of a person within 48 hours of the death via a Medical Certificate of Cause of Death. This may be completed by a doctor:

• who was responsible for a person's medical care immediately before death, or
• who examines the body of a deceased person after death.

The doctor need not give a notice under this section if another doctor has given the required notice or a coroner has been notified of the death under the Coroners Act.

Medical Certificate Cause of Perinatal Death and Medical Certificate of Cause of Death forms are available from the Registry of Births Deaths and Marriages.

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Community Welfare

Community Welfare Act NT

The NT Community Welfare Act and Community Welfare Regulations provide for the protection and care of children and the promotion of family welfare. The Act defines a child is in need of care, where:

• The child has been abandoned by the parents, guardians or custodians, and cannot, after reasonable inquiry, be found.
• The parents, guardians or custodian of the child are unwilling or unable to care for the child.
• The child has suffered maltreatment.
• The child is not subject to effective control and is engaging in conduct that constitutes a serious danger to his/her health or safety.
• The child (being excused from criminal responsibility under section 38 of the Criminal Code) has persistently engaged in conduct that is so harmful or potentially harmful to the general welfare of the community, as measured by commonly accepted community standards, as to warrant appropriate action under this Act for the maintenance of those standards.

A child has suffered maltreatment where:

• The child has suffered a physical injury causing temporary or permanent disfigurement or serious pain, or has suffered impairment of a bodily function or the normal reserve or flexibility of a bodily function, inflicted or allowed to be inflicted by a parent, guardian or custodian, or where there is substantial risk of his suffering such an injury or impairment.
• The child has suffered serious emotional or intellectual impairment evidenced by severe psychological or social malfunctioning measured by commonly accepted standards of the child’s community, because of his physical surroundings, nutritional or other deprivation, or the emotional or social environment in which he is living, or where there is a substantial risk that such conditions will cause emotional or intellectual impairment.
• The child has suffered serious physical impairment evidenced by severe bodily malfunctioning, because of his physical surroundings, nutritional or other deprivation, or the emotional or social environment in which he is living, or where there is substantial risk that such conditions will cause physical impairment;
• The child has been sexually abused or exploited, or where there is substantial risk of such abuse or exploitation occurring, and his parents, guardians or persons having the custody of him are unable or unwilling to protect him from such abuse or exploitation.
• A female child has been subjected, or there is substantial risk that she will be subjected, to female genital mutilation, as defined in section 186A of the Criminal Code, has been taken, or there is a substantial risk that she will be taken, from the NT with the intention of having female genital mutilation.

Mandatory Reporting of Maltreatment of Children

A person, including health professionals, is bound to report his/her belief that a child has been maltreated to Family and Children’s Services or the police. Where this is done in good faith there is deemed to be no breach of confidentiality or professional conduct. The Act also covers the functioning and responsibilities of the Child Protection Teams, foster care, and wards of the state.

There is a specific section relating to Aboriginal child welfare. It includes the provision for support of Aboriginal families and children including the training and employment of Aboriginal welfare workers.

The Act specifies that when an Aboriginal child is in need of care, efforts must be made to provide that care within the child’s extended family. If this fails, care must be arranged with other Aboriginal people with the correct relationship according to Aboriginal customary law with that child. If this too fails, other care may be arranged only after consultation with the child’s parents, other persons with responsibilities for the child’s welfare and relevant Aboriginal welfare organisations. This covers appropriate Aboriginal carers, the geographic proximity to the child’s family and the facilitation of contact with the family.

A range of moral and cultural judgements are made by health service staff when confronted with maltreatment of children. Within the constraints of confidentiality it is advisable to consult with senior Aboriginal health workers and community leaders in determining how to make relevant interpretations about children at risk. Welfare workers within Family and Children’s Services may also provide advice.

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Disability Services

Disability Services Act NT

The NT Disability Services Act sets out the rights of people with disabilities and the principles service providers and researchers should follow to meet the needs of people with disabilities.

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Domestic Violence

Domestic Violence Act NT

The NT Domestic Violence Act and the Domestic Violence Regulations provide for the making of restraining orders in relation to domestic violence and the registration and enforcement of such orders. An application for a restraining order may be made by:

• a member of the Police Force; or
• a person in a domestic relationship with the defendant against whom, or against whose property the violence or behaviour is likely to be directed (or person acting on behalf of that person).

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NT DHCS

The NT Medical Services Act relates to the functions of NTDHCS

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Employment

Workplace Relations

Workplace Relations Act 1996 Commonwealth

The Commonwealth Workplace Relations Act 1996 has recently been amended along with a new workplace reforms package known as WorkChoices. They include: Workplace Relations Amendment (Work Choices) Act 2005 - Proclamation;Workplace Relations Regulations 2006 (updated 5 June 2006); ·Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006; · Workplace Relations (Registration and Accountability of Organisations) Amendment Regulations 2006.

The legislation is both extensive and complex including new arrangements for setting minimum wages and conditions and new processes for the making of six types of workplace agreements. They provide for a single, national set of rules for minimum terms, conditions, awards and agreements. The legislation uses the corporations power (and a collection of other powers) to override the states’ systems so most employers and employees in the NT are covered by it.

The states have initiated High Court proceedings challenging Work Choices on constitutional grounds. The NT Government opposes “Work Choices” reforms and has joined in the states’ challenge. The case was to be heard by the High Court in May 2006, but because of its complexity the decision is not expected until later in the year. Until then Work Choices will operate with significant changes for NT employers and employees.

New Process

Through the legislation the Australian Fair Pay Commission now replaces the wage-setting and adjusting functions of the Australian Industrial Relations Commission (AIRC) which continues as a national tribunal dealing with employment disputes if both parties consent. The Office of Employment Advocate's (OEA) now accepts lodgements of workplace agreements. The Office of Workplace Services has an educative role for employers and employees but also investigates claims of alleged breaches of federal industrial instruments lodged by employers and workers and where appropriate, will initiate litigation action in the courts to enforce workplace laws.

The NT Government has established the NT Employment Advocate to assist NT employers and employees in relation to the legislation and fair practice.

Terms and Conditions - the Standard

The Australian Fair Pay Commission has set The Australian Fair Pay and Conditions Standard(the standard) with which all NT Employers must comply. The standard reduces the previous 20 allowable award matters to 5 minimum criteria which for full time employees are:

• A standard working week of 38 hours, averaged over a year
• Basic rates of pay and casual loading
• Four weeks' paid annual leave, of which two weeks can be cashed out at the request of an employee.
• 12 months unpaid parental leave (after 12 months of employment)
• 10 days sick/personal/compassionate leave per year plus a further two days of unpaid carer's leave if paid leave is exhausted.

Prohibited Content

The Workplace Relations Regulations 2006 contain "prohibited content" which must never be included in agreements. These include clauses for:

• prohibiting/restricting Australian Workplace Agreements (AWAs)
• renegotiation clauses
• allowing for industrial action during the term of the agreement
• providing for union right of entry to the workplace
• mandating union participation in dispute resolution unless chosen by an employee
• provisions for trade union training leave, payroll deduction of union fees, payment of union bargaining fees to trade unions, the provision of information to unions about employees, union encouragement or discouragement clauses or paid union meetings;
• restricting the engagement or pay and conditions of independent contractors or labour hire workers
• forgoing credited annual leave other than in accordance with the Act
• providing a remedy for unfair dismissal
• terms that prevent the disclosure of details of the workplace agreement by a person bound by the agreement;
• discriminatory terms, and            
• matters that do not pertain to the employment relationship.               

Existing Awards and Agreements

Existing Federal awards, certified agreements and Australian Workplace Agreements (AWAs) will continue to apply and will not have to comply with the Standards. However, because Work Choices does not allow awards and agreements to contain certain matters (prohibited material) some existing clauses will no longer operate.

Awards Variation

Existing awards will not be allowed to be varied under Work Choices and the number of allowable award matters has been reduced. Annual leave, personal /carer’s leave, parental leave, rates of pay and classification of employees, long service leave, superannuation, jury service and notice of termination can no longer be included in awards. However, clauses dealing with these in existing awards will continue to operate.

Provision of Awards and Agreements

An employer who employs a person to whom an award applies must keep a copy of the provisions of that award and must make the copy available for that person to inspect on demand.

Employment Records

Employment records, containing information on the employee’s name, classification, award, pay received, all deductions, signed time sheets, leave taken, superannuation contributions, must be kept for seven years after the last entry in the record was made. See factsheet.

Pay Slips

When an employer gives an employee his or her pay, the employer must also give the employee written details of date of payment, the period covered by payment, hours worked, all deductions, superannuation contributions, gross pay, amount actually paid and how the amount is made up. For employees under WorkChoices see factsheet.

Payment of Employees

If the employee is covered by an award or employment agreement that does not state how often the employee is to be paid an employer must pay the employee the amount the employee is entitled to at least once in every fortnight.

If the employee is not covered by an award or employment agreement then the employer must pay the employee once in every month.

Allowances

Most awards contain provision for the payment of various allowances. The only way to be certain that you know what they are is to have a copy of the award.

Termination
Employers of fewer than 100 employees can dismiss employees for any reason, other than discriminatory ones. Discrimination is prohibited on the grounds of temporary absence from work because of illness or injury, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, or non membership of a trade union, national extraction or social origin.

Assistance

The NT Government has established the NT Workplace Advocate to assist NT employers and employees in understanding the new arrangements.

Public Sector Employment and Management Act NT

The NT Public Sector Employment And Management Act provides for the regulation of the NT Public Service, including human resource administration and management of other agencies established for government or public purposes. This is relevant for health services operating through NT Government agencies.

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Working Conditions

Annual Leave Act NT

The NT Annual Leave Act covers permanent employees who are not covered by an award and allows for a minimum of 28 consecutive days annual leave after 12 months continuous service. Shift workers or people who work on Sundays or public holidays are entitled to a further seven days a year. Annual leave pay includes a 17.5% loading. Under Work Choices legislation this may not apply to future employees.

Long Service Leave Act NT

The NT Long Service Leave Act entitles employees continuously with same employer for 10 years to long service leave of 1.3 weeks per year of service. After each further five years of service, the employee is entitled to 1.3 weeks for that five-year-period.

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Human Rights, Equal Opportunity & Discrimination

Human Rights and Equal Opportunity Commission Act 1986

The Commonwealth Human Rights And Equal Opportunity Commission Act 1986 established the Human Rights and Equal Opportunity Commission. The Act provides for the Commission's administration which is responsible for administering the following federal laws (outlined below):

• Age Discrimination Act 2004
• Disability Discrimination Act 1992
• Racial Discrimination Act 1975
• Sex Discrimination Act 1984
• Human Rights and Equal Opportunity Commission Act 1986

The Act also gives the Commission the responsibility for observing seven international instruments ratified by Australia. These are:

• International Covenant on Civil and Political Rights
• International Labour Organisation Discrimination (Employment and Occupation) Convention ILO 111
• Convention on the Rights of the Child
• Declaration of the Rights of the Child
• Declaration on the Rights of Disabled Persons
• Declaration on the Rights of Mentally Retarded Persons, and
• Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

The Commission also has specific responsibilities under the:

• Native Title Act 1993, to report on the exercise and enjoyment of the human rights of Indigenous people with regards to native title (performed by the Aboriginal and Torres Strait Islander Social Justice Commissioner).
• Workplace Relations Act 1996, in relation to federal awards and equal pay (performed by the Sex Discrimination Commissioner).

The Act also empowers the Aboriginal and Torres Strait Islander Social Justice Commissioner to report on and promote the human rights of Indigenous Australians.

Exemptions under the Act can apply where the occupation for which people are employed is for the welfare of the same sex or race. An application for an exemption under Section 21(5) should be made to the Registrar of the Equal Opportunity Board.

Racial Discrimination Act 1975

The Commonwealth Racial Discrimination Act 1975 makes discrimination on the basis of race illegal and gives effect to Australia’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.

The Act’s objectives are to:

• promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin, and
• make discrimination against people on the basis of their race, colour, descent or national or ethnic origin unlawful.

The Act covers discrimination in areas such as employment, renting or buying property, the provision of goods and services, accessing public places and in advertising.

Equal Opportunity For Women In The Workplace Act 1999

The Commonwealth Equal Opportunity For Women In The Workplace Act 1999 has replaced the Affirmative Action (Equal Opportunity for Women) Act 1986.

The principal objects of this Act are:

• To promote the principle that employment for women should be dealt with on the basis of merit.
• To promote, amongst employers, the elimination of discrimination against, and the provision of equal opportunity for, women in relation to employment matters.
• To foster workplace consultation between employers and employees on issues concerning equal opportunity for women in relation to employment.

The Act is administered by the Equal Opportunity for Women in the Workplace Agency (EOWA).

Disability Discrimination Act 1992

The Commonwealth Disability Discrimination Act 1992 aims to:

• Eliminate discrimination against people with disabilities.
• Promote community acceptance of the principle that people with disabilities have the same fundamental rights as all members of the community.
• Ensure as far as practicable that people with disabilities have the same rights to equality before the law as other people in the community.

Sex Discrimination Act 1984

The Commonwealth Sex Discrimination Act 1984 gives effect to Australia’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour Organisation (ILO) Convention 156. Its major objectives are to:

• Promote equality between men and women.
• Eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities.
• Eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs.

Anti-Discrimination Act NT

The NT Anti-Discrimination Act and the Anti-Discrimination Regulations promote the principle of the right to equality of opportunity of persons regardless of an attribute and to eliminate discrimination against persons on the ground of race, sex, sexuality, age, marital status, pregnancy, parenthood, breastfeeding, impairment, trade union or employer association, religious belief or activity, political opinion, affiliation or activity, irrelevant medical record or irrelevant criminal record in the area of work, accommodation or education or in the provision of goods, services and facilities, in the activities of clubs or in insurance and superannuation; and to eliminate sexual harassment.

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Finances

Superannuation

Superannuation Act 1990 Commonwealth

A series of Acts from the Commonwealth provide for the rates of superannuation payable by employers (up to 9% of gross salary). They also specify the rules under which superannuation funds operate, and how funds can be accessed and managed. This includes the Superannuation Benefits (Supervisory Mechanisms) Act 1990.

The NT Superannuation Act and Superannuation Guarantee (Safety Net) Act NT and the Superannuation Regulations provide for superannuation of office holders and employees in the public sector.

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Tax

The Commonwealth Taxation Administration Act 1953 and associated Acts provide for the collection and payment of taxes. For practical details of the system, refer to the Accounts section.

Pay-Roll Tax Act NT and Pay-roll tax Regulations

Health services are unlikely to have to pay this tax either because of their public benevolent institution status or the size of their pay roll. However, it is recommended that an application for exemption be made.

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Work Health

Work Health Act NT

The NT Work Health Act promotes occupational health and safety in the NT to:

• Prevent workplace injuries and diseases.
• Protect the health and safety of the public in relation to work activities.
• Promote the rehabilitation and maximum recovery from incapacity of injured workers.
• Provide financial compensation to workers incapacitated from workplace injuries or diseases and to the dependants of workers who die as the results of such injuries or diseases.
• Establish certain bodies and a fund for the proper administration of the Act, and for related purposes.

Work Health Regulations and the NT Work Health (Occupational Health and Safety) Regulations spell out the right to work in safe conditions. These are detailed pieces of legislation, and require employers to provide a number of health and safety related measures.

The Act also provides that employers must take out workers compensation insurance covering their employees and cover claims.

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Incorporation

Incorporation

In order for organisations to receive government funding they must be incorporated under either NT or Commonwealth legislation. Health services are generally incorporated under either:

• The Commonwealth Aboriginal Councils and Associations Act 1976 (Amended 1992); or
• NT Associations Act.

Some health services operate under community councils that may be incorporated under the above Acts or the Northern Territory Local Government Act, 1993.

Incorporation means that:

• Members of the organisation are protected from liability or wrongdoing of the organisation (as long as they have not been personally negligent).
• The organisation can receive government funding.
• The organisation is able to own property, enter into contracts and borrow money as a legal entity.

The requirements of the Commonwealth and NT Association Acts are summarised below. If more information is required about the Local Government Act see the website above.

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NT

The NT Associations Act, Association Regulations and Associations (Model Constitution) Regulations cover incorporation, constitutions, management, accounts and auditing, winding up and investigations into Associations. Incorporated associations performing local government functions must comply with the Local Government Act (see below).

Word Pro Forma - Summary of NT Associations Act (This will be updated shortly)

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NT Local Government Act

The NT Local Government Act provides for the constitution of municipalities and community government areas and for the election of self-governing authorities to control municipalities and community government areas. This is only relevant to those health services that operate under service agreements between community councils and funding bodies.

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Commonwealth

The Commonwealth Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) was passed by the Australian Parliament in October 2006, replacing the Aboriginal Councils and Associations Act 1976 (ACA Act). It began on 1 July 2007 to coincide with the start of the 2007–08 financial year.

Corporations already incorporated under the ACA Act will have up to two years to make the necessary changes to comply with the new law. This is called the 'transitional period'.

We will add a summary of this Act soon.

ORATSIC has produced Factsheets regarding the new Act.

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Health Service Constitution

Each incorporated organisation has a Constitution or Rules that is a legal document determining how the organisation will operate. The Act under which the organisation is incorporated determines what must be in the Constitution. However, other things may also be included provided it does not contradict what is in the Act.

The Constitution is a most important document for the Health Service. Funding bodies generally insist that funded organisation comply with their Constitution.

Each newly elected Health Board should be orientated to their role including the health service constitution to ensure people are aware of their legal obligations, and how the health board operates.

Copies of the Acts are available from the Territory Government Publishing Service or Commonwealth Government bookshops, depending on jurisdiction and from the internet addresses (see beginning of this Section).

ORATSIC and CARHDS have been working together on a plain english constitution.

Word Pro Forma - Example of constitution under ACA (This will be revised in the light of changes to the Act soon)

Word Pro Forma - Example of constitution under NT Act (This will be revised in the light of changes to the Act soon)

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