Board
Agenda Item 14
Jurisdictional Advisory Committee membership and Charter changes
Meeting: 18-19 April 2018
For Official Use Only
RECOMMENDATION
That the membersagree:
1to appoint Mr Phil Woolley, Professor Peter Spirivulis, Mr Terry Symonds and Mr Grahame Coles as members of the Jurisdictional Advisory Committee (JAC).
2to the recommendation from the JAC that the JAC Charter be amended to allow for proxy attendance; and
3that the JAC prepare advice for the Board regarding amendments to the Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Rule2016in relation to the JAC membership appointment process.
PURPOSE
The purpose of this paper is to seek the Board’s agreement to recommendations from the JAC regarding amendments to the JAC charter andamending the Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Rule2016(the Rule) in relation to JAC membership. The paper also seeks the Board’s agreement to the appointment of four new members to the JAC.
BACKGROUND
As a result of changes in several jurisdictional roles, four JAC membership roles are currently vacant. In accordance with the requirements of the Rule, nominations were sought and consultation with the Health Minister and all state and territory Health ministers has occurred prior to consideration by the Board to fill these vacancies.
At its meeting on 31 January 2018 the JAC discussed constraints around appointing members to the JAC, and noted that the Charter did not allow for proxies. There was general agreement by JAC members that these constraints were overly onerous for an advisory committee. Dr Richard Ashby, Chief Executive eHealth Queensland and Chief Information Officer of Queensland Health, subsequently wrote to MrTimKelsey, Chief Executive, Australian Digital Health Agency (the Agency) on 5 February 2018 requesting that the JAC Charter be revised in order to allow proxy attendance on the JAC.
At its meeting on Tuesday 7 March 2018, the JAC agreed amendments to the JAC Charter to allow the attendance of proxies at JAC meetings. The JAC also agreed to recommend to the Board a change to the Rule to streamline the appointment of members in the future.
Summary of Issues
Changes to JAC membership
In accordance with the requirements of the Rule (part 6, division 1, subdivision A, subsection 36), the Board must consult the Health Minister and all the state and territory Health ministers prior to appointing a person as a member of a standing advisory committee. Additionally, the Board must not appoint a state or territory member unless the person to be appointed has been nominated in writing by the head of the Health department of the relevant state or territory (part 6, division 3, section 46).
Nominations were sought and received from the Northern Territory to replace Mr Stephen Moo, Western Australia to replace Ms Angela Kelly, Victoria to replace Mr Andrew M Saunders and Tasmania to replace Mr Mitchell Knevett – all of whom have vacated their previous positions and no longer attend the JAC.
The following nominations for appointment to the JAC were received:
- Mr Phil Woolley, Chief Information Officer,– Department of Health, Northern Territory;
- Professor Peter Spirivulis, Acting Chief Clinical Information Officer, Department of Health, Western Australia;
- Mr Terry Symonds, Deputy Secretary, Health and Wellbeing, Department of Health and Human Services, Victoria; and
- Mr Grahame Coles, Chief Information Officer, Department of Health and Human Services, Tasmania.
In practice, these individuals have been attending JAC meetings in the capacity of observers since the previously approved members vacated their roles.
Consultation with health ministers is complete and health ministers have endorsed the four nominations. Ministers were asked to respond to the Agency by Friday 30 March and advised that a nil response would be taken as endorsement. Acknowledgements were received from all jurisdictions with the exception of South Australia and Tasmania before the consultation period passed on 30 March 2018. The Board’s approval is therefore sought to appoint Mr Woolley, Professor Spirivulis, Mr Symonds and Mr Coles as members of the JAC.
Amendment to the JAC Charter
Part 6, S37 of the Rule, details arrangements for appointing acting standing advisory committee members, “The Board Chair may, by written instrument, appoint a person to act as a member of a standing advisory committee:”
In addition to acting standing advisory committee members (for all committees), S47(5) of the Rule, states: “Subject to this section and any written directions of the Board, the Jurisdictional Advisory Committee may determine its own procedures.”
The Rule is silent on proxy attendance.
The JAC Charter states, under section 2.7.1:
“The Board Chair may, by written instrument, appoint a person to act as a member of the Jurisdictional Advisory Committee during a vacancy in the office of a member of the committee (whether or not an appointment has previously been made to the office) or during any period, or during all periods, when a member of the committee is absent from duty or is, for any reason, unable to perform the duties if the office of the member.”
The Charter is also silent on proxy attendance.
As the JAC may determine its own procedures and there is no remuneration paid by the Agency for JAC attendees/members, the JAC recommends a change to the JAC Charter to explicitly allow for proxy attendance for JAC members with the intention that proxy attendees being able to act on behalf of the member they are attending the meeting for. The following addition is recommended:
“2.7 Acting Jurisdictional Advisory Committee arrangements
2.7.2 Jurisdictional Advisory Committee proxy attendance
Members may nominate a proxy if they are unable to participate in a meeting. The Secretariat must be notified of proxy details with as much notice as possible.
2.7.3 Jurisdictional Advisory Committee proxy rights
Nominated proxies have full membership rights during the meeting/s they represent a standing member; including but not limited to, contributing to quorum requirements and acting on behalf of the jurisdiction they represent.”
Amending the Rule
At its 7 March 2018 Meeting, the JAC agreed to seek the Board’s approval to amend the Rule to remove the requirement for consultation with all Health Ministers prior to appointing a new member to its committee. This recommendation followed a discussion on the benefits of allowing proxy attendance at its meetings and the need to streamline the appointment process.
Financial Implication
The Agency does not remunerate jurisdictional representatives. There is no cost to the Agency.
LEVEL OF RISK
Nil.
PRIORITY AREA ORSTRATEGIC INITIATIVE
Nil.
ACTION OFFICER / Kathryn DolanGeneral Manager
Governance, Reporting and Secretariat Services
CLEARED BY / Michael Walsh
JAC Chair
ATTACHMENTS
Attachment A: JAC membership nomination letters
Attachment B: JAC charter, with recommended amendments