States Assembly | R-106-2023

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STATES OF JERSEY

HEALTH AND COMMUNITY SERVICES ADVISORY BOARD TERMS OF REFERENCE

Presented to the States on 15th June 2023 by the Minister for Health and Social Services

STATES GREFFE

2023 R.106

REPORT

Status and authority of the Board

The Minister for Health and Social Services ("the Minister") has decided, with the agreement of the States Assembly, to establish a Health and Community Services Advisory Board ("the Board").
The Board is non-statutory (i.e., with no legal powers) with responsibility for assuring the Minister as to the quality, safety, performance and development of the Department's services and associated risks.
The Board will work across the Government of Jersey's ("GoJ") Health and Community Services Department ("the Department"). This includes all hospital, mental health, community, and social work services delivered by the Department or commissioned by the Department, whether or not in Jersey. This does not include CAMHS or children's services, which are the responsibility of the Minister for Children and Education or the Ambulance Service, which is the responsibility of the Minister for Home Affairs.
The Board shall work in a co-operative and constructive manner with the Minister, the Department and other Ministers and Departments. It will collaborate with all relevant partners in order to solve problems and ensure the provision of safe, effective, accessible, compassionate, and well governed patient centred care which meets the needs of Islanders. This includes other service providers, services users, and carers.
The Board is authorised to seek information it requires, in connection with its functions, from the following persons. These people must co-operate with any such request unless doing so conflicts with any other legal obligation or there are no appropriate data sharing arrangements in place:

any employee of the Department (or person similarly contracted); and
any GoJ employee whose job requires them to support the functions of the Department (or person similarly contracted).

The Board will provide information to, and co-operate with, Scrutiny Panels and any relevant Committees or Boards of the States Assembly, all relevant public service oversight bodies or mechanisms including, but not limited to, Jersey Audit Office, GoJ internal audit, external auditors engaged by GoJ, Jersey Care Commission, Jersey Appointments Commission, Information Commissioner, Law Officers' Department or any such person as and when appropriately directed by the Minister. In providing information the Board must consider confidentiality and data protection requirements.
Decision-making in respect of all public functions shall be reserved to the Minister, an Assistant Minister or an Officer in accordance with the States of Jersey Law 2005.

Terms of reference

These terms of reference set out the membership, role, and reporting arrangements of the Board. The Board will work at all times in accordance with them.
A duly convened meeting of the Board at which a quorum is present shall be competent to exercise all or any of the responsibilities and tasks assigned to the Board by these Terms of reference.
These terms of reference are valid for a maximum 18-month period. At the end of that period the Minister must determine, with the agreement of the Assembly, whether the Board should:

continue to operate under these terms of reference, or amended terms of reference; or
be disbanded.

Prior to the end of the 18-month period:

the Board must be disbanded if a statutory board is established by the Assembly, or may be disbanded for any reason that the Minister deems relevant, with the agreement of the States Assembly; and
the Minister may amend these terms of reference whether or not on the recommendation of the Board, with any substantive changes being agreed by the Assembly.

Amendments to the terms of reference could include providing for the Board to work across other health and community services whether or not in Jersey if the Assembly were so minded.

Responsibilities and tasks of the Board

The Board will provide strategic leadership to the Department.
The Board will direct, oversee, and scrutinise the Department in matters related to:

a. delivery of well governed, person centred services which meet the needs of Islanders, are safe, accessible, cost effective and of high quality

b. effectiveness of, and adherence to, systems of governance within the Department (and where appropriate within GoJ) which:

• enable effective management of service and clinical risks and safeguarding delivery

• support management of corporate and financial risks

• ensure operational effectiveness, efficiency, and economy; and

• support best deployment of resources and provision of cost- effective services.

c. compliance with departmental and relevant GoJ policies and processes, in addition to all relevant statutory requirements

preparedness and responsiveness to independent inspection and compliance with regulatory standards
delivery of the Minister's plans, policies, and directions by the Department; and
compliance with decisions of the Assembly, as directed by the Minister.

The Board will shape a positive, inclusive culture for the Department, in which service users, families, carers and staff feel safe, heard, and engaged, and in which staff are empowered to do their best work.
The Board will work in partnership with service users' carers, stakeholders, other providers and other GoJ departments to provide safe, effective, accessible, and well governed patient centred care.
The Board will investigate matters relating to the delivery of services, or potential delivery of services, including the interface between the Department and other providers of health and social care services, whether or not in Jersey, and advising the Minister on any necessary steps.
The Board will seek assurance as to the Department's performance across all areas of the Department's activity.
The Board will make proposals to the Minister with respect to:

departmental strategy
safeguarding of service users and staff
plans / policies related to the delivery of services by the Department
the commissioning of services or the interface with the services of other providers
plans / policies related to workforce development, engagement, deployment, sustainability, and departmental culture (and, as appropriate, through the Minister liaise with the States Employment Board as the employer)
enhancement of systems of internal control (corporate, clinical, and financial), quality targets and reporting requirements
the financial, physical, and human resources required by the Department
prioritisation of actions and recommendations arising from internal and external reviews and audits; and
other matters considered relevant by the Board.

The Board will ensure that proposals made to the Minister are appropriately informed by services users, and that the Department has in place effective forums for engaging with all sections of the public, including children and young people, ensuring their voices are heard and they are supported to participate in reviews of service quality and the development of new services.
The Board will oversee implementation of proposals approved by the Minister, and make the decisions required to deliver change and improvements within the Department, in accordance with:

the parameters of a plan or policy determined by the Minister; and
the remit and responsibilities of the Board.

Such other purposes as the Minister mandates the Board to undertake where those purposes are within the scope of the Minister's powers.
For clarity:

the Board's remit is across all services provided by the Department, including hospital, mental health, and adults social services
the Board's remit includes leading on clinical, operational, and service matters but does not generally include leading on wider public policy (including strategic heath policy and public health policy); and
only the Minister or the Board may initiate a programme of work by the Board.

The Board will meet every six months with the Council of Ministers to advise the Council on:

key matters arising in the Department including: challenges; risks; delivery of the Minister's plan, policies and directions, and compliance with decisions of the Assembly; and
the activities of the Board.

The requirement to meet every six months will not preclude the Board, or the Chair, meeting with the Council of Ministers at any other point if deemed appropriate by the Chief Minister, the Minister, and the Chair.

Delivery

In delivering its tasks the Board may:

make standing and ad hoc requests for information, explanations, or professional opinions regarding any aspect of services delivered or commissioned by the Department, having had regard to the resources of the Department

require the Chief Officer of the Department to bring to the Board for its consideration, any proposal, strategy, policy, information, or explanation, related to the work of the Department, that the Board deems relevant to the fulfilment of the Board's role and task. This includes requiring the Chief Officer to instruct any employee of the Department (or person similarly contracted) to attend a meeting of the Board to provide information or explanations
request the Chief Executive Officer to instruct other relevant GoJ employees to bring to the Board for its consideration, any proposal, strategy, or policy that the Board deems relevant to the fulfilment of the Board's role and tasks; and
make proposals to the Minister in respect of any measure involving expenditure of public funds which in the Board's opinion is necessary or expedient in fulfilling its role. In making such proposals, the Board must have regard to the Public Finances Manual and the duties of the Accountable Officer.

In delivering its tasks the Board will:

produce and publish an annual work plan including key performance indicators. The work plan must be agreed by the Minister prior to publication
have regard to the resources and responsibilities of the Department and all relevant statutory duties of the Minister and officers, including associated policies and directions
have regard to the GoJ's key policy commitments including to children and young people and to sustainability and decarbonisation
act in accordance with the decisions of the Minister, the Council of Ministers, the States Employment Board, the Treasury and Exchequer and all other relevant office holders
make the best use of the knowledge and skills of non-executive directors and executive directors
ensure the Board's behaviour is consistent with the values of the Department and that high standards of personal integrity are maintained by Board members and staff; and
ensure good communication between the Board, staff, all services users, carers, other providers, and the wider community. To include the timely, effective dissemination of information and meaningful mechanisms for feedback.

Operating procedures

The Board may develop any operating procedures, setting out how the Board and its advisory groups and committees will function, that the Board deems necessary. All Board operating procedures must accord with the provisions of these Terms of Reference, must be approved by the Minister, and must be published.

Advisory groups and committees

In delivering its tasks, the Board must establish an audit committee which reports to the Board and provides assurance as to financial reporting, internal control, and risk management within the Department. The audit committee must be chaired by a non-executive director who has a background in finance. That non-executive director cannot simultaneously hold the role of senior independent director. In establishing the audit committee, the Board must have regard to the terms of reference for the GoJ Risk and Audit Committee.
The Board may also establish any other advisory groups and assurance committees as required for the purposes of preparing advice, seeking assurance, or making decisions in respect of items of business that the Board would otherwise undertake.
The Board may delegate its tasks, as appropriate, to an advisory group or committee it establishes, providing it does so in accordance with the approved terms of reference for that advisory group or committee.
The Board must develop terms of reference for all these advisory groups and committees for approval by the Minister prior to establishment. The terms of reference will set out the tasks to be delegated to the advisory group or committee and the associated reporting requirements (i.e., the recommendations, decisions or findings which must be reported to the Board, and whether they are reported for approval, for information or for presentation to the Minister).
In general, the Board will delegate to advisory groups or committees responsible for overseeing the development of strategy and policy and / or monitoring the delivery of agreed strategy and policy in the areas for which the advisory group or committee is responsible. The Board will only delegate the develop of strategy or policy which accords with the remit of the Board.
The Board is responsible for maintaining any groups or committees it establishes, and for ensuring they operate effectively and in accordance with their terms of reference. At the last meeting of each financial year, the Board must review the performance of the advisory groups or committees, including membership, and may propose to the Minister any amendments to the terms of reference which the Board deems necessary.
The Board will appoint members to all advisory groups and committees, this may include members from outside the Department and GoJ (for example, external providers or advisors).
All advisory groups and committees must be chaired by a non-executive director and must include at least one executive director.

Board membership

The Board is a unitary board. It includes non-executive directors with the skills and expertise to constructively challenge, provide leadership and aid strategic decision making, and executive directors responsible for the day to day running of the Department.
The Board shall initially have, in addition to a Chair, up to 5 non-executive directors and up to 5 executive directors, who are employees of the Department (or persons similarly contracted). The Chair and non-executive directors will be appointed by the Minister (see Appendix 1).
The Minister may increase or decrease the number of Board members (or appoint different departmental post holders as executive Board members) at the request of the Chair - and having consulted the Council of Ministers - if satisfied that there are grounds to do so. The Minister must, however, ensure that the number of non- executive directors, including the Chair, is always at least one more than the number of executive directors. This is to ensure the balance is always in favour of independent non-executives.
At least one of the non-executive directors should have:
1. a medical background
2. a nursing background
3. a background in social services; and
4. a background in strategic finance.
The executive director members should, where possible given the requirement to maintain the balance in favour of non-executives, include the Chief Officer of the Department and those officers who are responsible for department wide functions including medical, nursing and finance.
The Chair, executive directors and non-executive directors are referred to in these terms of reference as members of the Board.

Responsibilities of Board members

General duties

The general duty of the Board, and all board members individually, is to:

support the Department to improve the health and wellbeing of Islanders through the provision of safe, effective, accessible, and well governed patient centred care
ensure the Board adds value to the Department and, by extension, to Jersey
ensure the Board operates in accordance with its terms of reference; and
ensure the Board delivers the actions set out in its annual work plan.

Board members are collectively responsible for the decisions and activities of the Board. This includes a responsibility to constructively challenge during Board meetings and to help develop proposals and strategies for improvement.
Board members are expected to attend a minimum of 75% of Board meetings unless absence is agreed by the Chair.

Chair

The Chair is responsible for the decision making and performance of the Board (including against its annual work plan), and for holding the Board to account (both collectively and individual members) for discharging the Board's duties and responsibilities. The Minister holds the Chair to account for this responsibility.
The Chair will carry out the annual appraisal of other non-executive Board members and report to the Minister on the outcomes. In so doing, the Chair may meet with other Board members (non-executive and executive members) to discuss the non- executive member's performance. The Chair will account to the Minister for this responsibility.
The Chair will meet with the GoJ Chief Executive to discuss the performance of the Chief Officer of the Department, when requested to do so by the GoJ Chief Executive, who is responsible for the annual appraisal of the Chief Officer of the Department.
The Chair will meet with the Chief Officer of the Department to discuss the performance of other executive board members, when requested to do so by the Chief Officer of the Department, who is responsible for the annual appraisal of other executives.

Chair and non-executive directors

The Chair and other non-executive directors are responsible, on behalf of the Minister and GoJ Chief Executive, for monitoring executive management of the Department including executive directors who are Board members. The Minister holds them to account for this responsibility. This includes:

scrutinising the performance of executive management in meeting goals and objectives and satisfying themselves that systems of internal controls and governance (corporate, clinical, and financial) are robust and are implemented; and
ensuring the effectiveness of management arrangements.

The Chair and other non-executive directors are also responsible for bringing a range of varied perspectives and experiences to strategy development and decision making.
For clarity: the Board must have regard to the duties of the Accountable Officer and the Accountable Officer's lines of accountability. As such, the Board cannot direct the Chief Officer of the Department to undertake any action or make any decision

that is contrary to their duties as Accountable Officer, and cannot direct any executive director, or other staff members, to undertake any action or make any decision that is contrary to their duties as GoJ employee.

Chief Officer of the Department

The Chief Officer of the Department is:

accountable to the Board, in their role as a Board member, for meeting Board objectives
responsible for providing information and support to the Board, and making proposals to the Board, for the Board to consider and determine whether to recommend to the Minister
responsible for implementing decisions of the Board, where those decisions accord with their responsibilities as accountable officer and GoJ employee. In the event that the Board wishes to take an action that involves a transaction which the Chief Officer believes will infringe on their responsibilities as accountable officer, the Chief Officer should seek direction from the Minister and, if so directed, should set out in writing to the Minister the reason for their objection in accordance with the provisions of the public finances manual
accountable to the GoJ Chief Executive, in their role as accountable officer, for the performance of the Department and delivery of their performance and development objectives; and
answerable to the States' Public Accounts Committee for the performance of their accountable officer function, in accordance with the Public Finances (Jersey) Law 2019.

Executive Directors

Executive Directors who are Board members are:

accountable, in their role as a Board member, for meeting Board objectives
responsible for implementing decisions of the Board, where those decisions accord with their responsibilities as GoJ employees
accountable to the Chief Officer of the Department for:

• supporting the Chief Officer in the provision of information and support to the Board, and for making proposals to the Board; and

• delivery of their performance and development objectives.

Senior Independent Director

The Senior Independent Director will have the following duties, in addition to the general duties of non-executive director:

be available to Board members (executive and non-executive) if they have concerns about the performance of the Board, the Board's compliance with its Terms of Reference, or the welfare of the Department, which contact through the usual channels of Chair or Chief Officer of the Department, has failed to resolve, or for which such contact is inappropriate
where appropriate, to ensure that concerns raised by Board members are communicated to the other non-executive directors and, as necessary, to the Minister and / or the Board as a whole
work, as appropriate, with the Chair and / or other Board members and / or the Minister to resolve those concerns; and
carry out the annual appraisal of the Chair, on behalf of the Minister, and make a report to Minister on the outcome. Prior to doing so the Senior Independent Director will usually meet with the Minister to discuss any performance matters the Minister may wish the Senior Independent Director to consider. As part of the appraisal process, the Senior Independent Director may meet with the following people in the absence of the Chair, to discuss the Chair's performance:

• other Board members; and

• other stakeholders as directed by the Minister or, which the Senior Independent Director considers relevant to the appraisal process.

The Senior Independent Director is accountable to the Chair as a non-executive Board member and to the Board collectively as the Senior Independent Officer. Neither the Chair, not the Board can direct the Senior Independent Officer in their capacity as Senior Independent Officer. The Board:

must appoint the Senior Independent Director (Appendix 1)
must review the appointment every 18 months
may, in the event of concerns about the performance of Senior Independent Director, appoint another non-executive director as Senior Independent Director; and
may arrange for a suitably qualified, independent person to appraise the performance of the Senior Independent Director, whether as part of the two- yearly review or in response to emerging concerns.

Role	Accountable to	Is appraised by
Chair	Minister	Senior Independent Director, on behalf of the Minister, drawing on views from other Board Members and Minister
Senior Independent Director	Board	The Board, who may appoint a suitably qualified, independent person to appraise the Senior Independent Director on their behalf

NEDS	Chair	Chair, drawing on views from other Board members
Chief Officer	GoJ Chief Executive	GoJ Chief Executive, drawing on views of Chair and Board members
Executive Directors	Chief Officer	Chief Officer, drawing of views of Chair and Board members

Meetings

The Board will meet at least 6 times a year. The Board may meet at other times during the year as agreed between the members of the Board or as otherwise requested by the Minister. It is envisaged that it will meet up to 10 times in the first 12 months post appointment of members.
Only members of the Board have the right to attend Board meetings, but the Board may invite other persons, including other executive directors, and/or external advisers to attend all or part of any meeting, as and when appropriate.
Other attendees may be invited to attend on a regular or meeting by meeting basis.
Any member or attendee may participate in Board meetings by secure telephone or video conference, provided that all members are able to contribute to discussions and decisions. Participation in a meeting via electronic means shall constitute presence in person at this meeting.
The public may attend and observe all Board meetings except for matters which the Chair determines should be considered in private, for example, to prevent harm, protect the interest of individuals or consider commercially sensitive information. The public may not ask questions during a Board meeting but, once the meeting has ended, they may ask questions with the permission of the Chair. The Board must make arrangements to ensure that all people, including children and young people, are supported to ask questions at the end of Board meetings.
In the unlikely event that neither the Chair nor Deputy Chair can be present, the non-executive directors who are present will determine which non-executive director will act as Chair for the duration of the meeting ("Acting Chair"). An executive director cannot act as Chair.

Quorum

No business shall be transacted at a meeting unless:

three non-executive directors (which may include the Chair) and two executive directors are present; and
there is a least one more non-executive director (which may include the Chair) than executive director.

The exception to the above being where the Chair determines that the circumstances of a matter are such that non-executive directors should meet without executive directors, in which case:

there must be at least four non-executive directors (which may include the Chair); and
the Chair must notify the Minister of the circumstances before the Chair calls the meeting.

If any member, including the Chair, is disqualified from participating in a meeting due to a conflict of interest they shall not count towards the quorum.

Voting

The members of the Board have a collective responsibility for the operation of the Board. They will participate in discussion, review evidence, and provide objective input to the best of their knowledge and ability, and endeavor to reach consensus.
On the rare occasions that consensus is not reached, the Chair may determine that a matter should be voted on. Each member of the Board shall have one vote and decisions shall be reached by a simple majority of members present. Where there is an equality of votes, the person chairing the meeting (whether the Chair, Deputy Chair or Acting Chair) has a second and deciding vote provided they are not conflicted.

Reporting

The Minister may require the Board to report on such matters and at such intervals as determined, where those matters are within the remit of the Board.
The Board shall make recommendations to the Minister on any area within its remit where it considers action or improvement is needed.

Administration

Administrative support shall be provided by a Board Secretary.
A schedule of meetings of the Board shall be drawn up for each financial year and circulated to the Board. A copy of the schedule of meetings shall be made available to the Minister and will be published.
The agenda for the Board shall be determined collectively by the Board, in addition to any item which the Minister has requested the Board to consider.
Members of the Board who wish to put forward an agenda item shall write to the Chair with details of the proposed item and any supporting documents not less than fourteen days before the next scheduled meeting. In the event that the Chair is not willing to include the proposed item on the agenda of a meeting, any member will be entitled to have a notice of motion included on the agenda of the next Board meeting, for the purposes of determining if the proposed item should be substantively discussed at the following Board meeting.
The agenda shall be published once approved by the Chair, except for the agenda items the Board will need to consider in private.

Minutes shall be taken of Board meetings. The minutes shall be prepared within 10 business days of the meeting and submitted to the person who chaired the meeting for approval. The minutes must formally record who chaired the meeting.
Once the person chairing the meeting has approved the minutes and agreed them as a true record of the meeting, they will be circulated to the members and the Minister. Any corrections required to the minutes will be tabled at the next meeting.
The minutes, and supporting Board papers, will be published except for those items which the Board has considered in private.
Conflicts of interest will be recorded in the minutes. All board members must declare, at the beginning of each meeting, any personal or business interest which may influence, or may be perceived to influence, their judgement. The Chair will determine if that interest is such that the member must be recused (or the Deputy Chair if the Chair declares an interest). The Board must develop policies and procedures related to the management of conflicts of interest. These must accord with the provisions of these Terms of Reference, must be approved by the Minister, and must be published.
Minutes and board papers shall usually be made available to members of the Board and the Minister not less than 7 days in advance of each meeting.

Data, information, and confidentiality

As a non-statutory Board, the Board will not be separately registered as a "Controller" under the Data Protection (Jersey) Law 2018 but, as the Board of the Department which is a registered "Controller", the Board and all members of the Board will operate within the requirements of that Law.
The Board will similarly operate within the provision of Freedom of Information (Jersey) Law 2011 as a Board of the Department.
It is a duty of the Board, and all Board members, to protect confidential information about people (service users and staff) and to ensure that policies, procedures and systems are put in place to ensure that confidential information is only shared with the Board, or by the Board, when it necessary to ensure safe or effective care or protect against harm.

General matters

The Board shall arrange for periodic reviews of its performance and, at least once a year, review these Terms of Reference, including its membership, to ensure it is operating effectively and in a manner which supports staff to do their best work for Islanders.
The Board represents a new way of working for the Department. The Minister and Board members must, therefore, be alive to the potential need to flex and refine the Board's working practice and the terms of reference. In doing so, however, the Board will ensure adherence to best practice in governance.

Prior to undertaking its annual review, the Board must, in writing, set out a proposed process for the review, including parties whose views will be sought, for approval by the Minister.
Having undertaken any review (whether an annual or an interim review) the Board will provide a report to the Minister on its findings. The Board may recommend to the Minister any changes it considers necessary to improve Board performance or efficiency. In the event the Minister wishes to make any substantive changes to the Board's Terms of Reference, the Minister must propose those changes to the Assembly. The Board must prepare an annual report setting out its accountabilities and related activities. The Minister will publish this report in full as part of, or alongside, the Annual Report and Accounts of the States of Jersey. The Board is not required to produce annual separate accounts as the Department's accounts are included in the accounts of the States of Jersey.
The Minister must make an annual assessment of the resources required for the Board to operate. With the agreement of the Council of Ministers, the Minister must then ensure those resources are set out in the Government Plan. The Minister must consult the Board before making any such assessment and must set out for the Council of Ministers and the Assembly the Board's response to that consultation.
The Board Secretary will be employed by GoJ (and will be subject to the terms and conditions and policies that apply to all government employees) but will work for the Board and shall be treated as if they are an employee of the Board, taking direction from the Chair.

Appendix: Appointments, removal, and suspension

Appointments

The Minister shall appoint the Chair and other non-executive board members. The Minister shall appoint one of the non-executive directors as Deputy Chair.
The Jersey Appointments Commission will oversee the appointment process.
The Minister shall not appoint a non-executive Board member unless satisfied that the person meets the specification for the non-executive role.
The Minister shall not appoint a non-executive Board member who:

is a Member of the States Assembly
is a GoJ employee (or person similarly contracted)
has a financial interest in, or may derive financial benefit from, the services provided or commissioned by the Department; or
has a conflict of interest that would call into question their ability to undertake the role.

The Minister must also be satisfied that the person can meet and uphold the standards of conduct set out in The Seven Principles of Public Life.'
The first substantive Chair shall be appointed for a term to be determined by the Minister. The Minister may extend the term of appointment of the Chair in accordance with the policies of the Jersey Appointments Commission, which currently provides for a maximum 9-year term of office.
The first non-executive appointments to the Board (excluding the Chair) shall be for a period of between18 months. The Minister may extend the term of appointment of a non-executive Board member in accordance with the policies of the Jersey Appointments Commission, which currently provides for a maximum 9- year term of office.
The Board will appoint a non-executive director as a Senior Independent Director. The Chair cannot be appointed as Senior Independent Director. The Deputy Chair can be appointed as Senior Independent Director but, in the event the Deputy Chair is called on to act as Chair, they cannot act as Senior Independent Director during this period.
The Board shall be provided with appropriate and timely training, both in the form of an induction programme for new Board members and on an ongoing basis for all Board members.

Removal or suspension

The Chair and non-executive Board members may only be removed or suspended by the Minister.
When removing the Chair or a non-executive Board member, the Minister must have clear and cogent reasons to do so. These would typically be limited to the Chair or non-executive Board member:

becoming disqualified for appointment on the grounds set out above
failing to discharge their functions without reasonable excuse
behaving in a way that is not compatible with their continuing on the Board
has become bankrupt; or
is otherwise unable or unfit to discharge the functions of a Board member.

The Minister shall only suspend the Chair or a non-executive Board member if the Minister believes there may be grounds for removal and needs to investigate the matter.

100. Prior to removing or suspending the Chair, the Minister must consult the Senior

Independent Director. Prior to removing or suspending a non-executive Director, the Minister must consult the Chair. The Minister must then put the grounds for removal or suspension to the Chair or non-executive director, providing them with a right to reply. The exception being in cases of gross misconduct where the Minister may remove or suspend with immediate effect.

101. The Minister may nominate an Acting Chair if the Chair is incapacitated,

suspended, resigns, or their term of office or contract ends, and no replacement has been appointed, or is unable to perform their duties for any reason. The Minister may appoint another non-executive Board member or someone other than another non-executive Board member as Acting Chair.

Health and Community Services Advisory Board Terms of Reference.