Health Promotion Foundation Act 2015

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202015/Health-Promotion-Foundation-Act-2015-Eng.pdf

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rangement of Provisions

PART I
PRELIMINARY

1. Short title and commencement
2. Interpretation

PART II
ESTABLISHMENT
OF SAMOA HEALTH
PROMOTION
FOUNDATION

3. Establishment of Foundation
4. Objectives of Foundation
5. Functions of Foundation
6. Powers of Foundation

PART III
ADMINISTRATION
OF FOUNDATION

7. Board of Directors
8. Term of appointment
9. Remuneration and allowances
10. Removal from office
11. Resignation
12. Vacancy of office
13. Disclosure of interests, etc
14. Validity of acts and decisions
15. Meetings of Board
16. Advisory committees
17. Delegation of powers
18. Chief Executive Officer
19. Responsibilities of Chief
Executive Officer
20. Appointment of staff
21. Protection from personal liability

PART IV
FINANCIAL MATTERS

22. Health Promotion Fund
23. Bank accounts
24. Exemption from tax
25. Charitable purpose
26. Budget
27. Accounts
28. Annual report
29. Manner of operation
30. Review of funding

PART V
MISCELLANEOUS

31. False information
32. Repayment
33. Offence by body corporate
34. Regulations
35. Transfer of personnel, resources
and assets
36. Consequential amendments


__________


2 Health Promotion Foundation 2015, No. 12

2015, No. 12

AN ACT to provide for the establishment and administration of
the Samoa Health Promotion Foundation, the establishment
and management of the Health Promotion Fund, and for
related purposes. [27th
March 2015]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be cited as
the Health Promotion Foundation Act 2015.
(2) This Act comes into force on a date to be nominated by the
Minister.

2. Interpretation - In this Act, unless the contrary otherwise
requires,:
“Board” means the Board of Directors constituted under section
7;
“chairperson” means the person appointed under section 7(3)(a);
“Chief Executive Officer” means the person appointed under
section 18;
“cigarette” has the same meaning as in section 2 of the Tobacco
Control Act 2008;
“deputy chairperson” is the person appointed under section
7(3)(b);
“Foundation” means the Samoa Health Promotion Foundation
established under section 3;
“Fund” means the Health Promotion Fund established under
section 22;
“Government” means the Government of the Independent State of
Samoa;
“health promotion” means any act which is aimed at the fostering
of a person’s physical, mental and social conditions by means
of supporting personal behaviour, social conditions, policies
and environments conducive to physical strength, a firm
mental condition, a long life and a good quality of life;
“liquor” has the same meaning as in section 2 of the Liquor Act
2011;


2015, No. 12 Health Promotion Foundation 3

“Minister” means the Minister of Health;
“qualified member” means a member of the Board appointed
under section 7(3)(e);
“sugar sweetened beverages” include all sodas, fruit drinks, sport
drinks, low-calorie drinks and other beverages that contain
added caloric sweeteners, such as sweetened tea, rice drinks,
bean beverages, sugar cane beverages, horchata and
nonalcoholic wines/malt beverages;
“tobacco product” has the meaning as in section 2 of the Tobacco
Control Act 2008.

PART II
ESTABLISHMENT OF SAMOA
HEALTH PROMOTION FOUNDATION

3. Establishment of Foundation-(1) The Samoa Health
Promotion Foundation is established.
(2) The Foundation:
(a) is a body corporate with perpetual succession;
(b) shall have an official seal;
(c) can sue and be sued in its corporate name;
(d) is capable of taking, purchasing, leasing, holding, selling
and disposing of real and personal property for the
purpose of performing its functions and exercising its
powers under this Act; and
(e) is capable of doing and suffering all such acts and things as
bodies corporate may by law do or suffer and which
are necessary or expedient for the purpose of
performing its functions and exercising its powers
under this Act.
(3) The official seal of the Foundation shall be kept in such
custody as the Foundation directs and must not be used except as
authorised by the Foundation.
(4) All courts, judges and persons acting judicially shall take
judicial notice of the seal of the Foundation affixed to a document and
shall presume that it was duly affixed.

4. Objectives of Foundation - The objectives of the Foundation
are:
(a) to promote and encourage health promotion in the
population of all ages in accordance with national
health policies;


4 Health Promotion Foundation 2015, No. 12

(b) to fund activities related to the promotion of good health,
safety or the prevention and early detection of disease;
(c) to increase awareness of programs for promoting good
health in the community through the sponsorship of
sports, the arts and culture;
(d) to encourage healthy lifestyles in the community and
support activities involving participation in healthy
pursuits; and
(e) to fund or conduct studies and research, or encourage the
conduct of the study and research, training or
organisation of meetings in support of these objects.

5. Functions of Foundation - The following are the functions of
the Foundation:
(a) to promote its objectives;
(b) to make grants from the Fund for activities, facilities,
projects or research programs in furtherance of the
objects of the Foundation;
(c) to provide sponsorships for sporting, cultural or other
activities which promote the objectives of the
Foundation;
(d) to keep statistics and other records relating to the
achievement of the objectives of the Foundation;
(e) to provide advice to the Minister on matters related to its
objectives referred by the Minister to the Foundation
and generally in relation to the achievement of its
objectives;
(f) to consult regularly with relevant Government Ministries
and agencies and to liaise with persons and
organisations affected by the operation of this Act;
(g) to seek and secure funds for the Foundation;
(h) to perform such other functions as are conferred on the
Foundation by this or any other Act.

6. Powers of Foundation - The Foundation shall have powers to
carry out its objectives and functions and all the acts as appear to the
Foundation to be requisite, advantageous, or convenient for or in
connection with the carrying out of the Foundation’s objectives and
functions or to be incidental to their proper discharge and may carry
on any activities in that behalf either alone or through or in
association with any other person or body.


2015, No. 12 Health Promotion Foundation 5

PART III
ADMINISTRATION OF FOUNDATION

7. Board of Directors-(1) A Board of Directors for the
Foundation is constituted, subject to this Act, and which shall be
responsible for the policy and control of the Foundation.
(2) The Board is the governing body of the Foundation with the
authority, in the Foundation’s name, to perform the functions and
exercise the powers of the Foundation.
(3) The Board shall consist of seven (7) members comprising of:
(a) the Prime Minister who is the chairperson;
(b) the Minister of Health who is the deputy chairperson;
(c) a representative of the Ministry of Finance;
(d) a representative of an organisation with a health focus;
(e) three (3) qualified members appointed by the Head of State
on the advice of Cabinet from persons selected from
those with knowledge, ability and experiences in the
fields of health promotion, community development,
mass communication, sports, education, and law or
administration.
(4) A qualified member:
(a) must have a qualification in any of the specified fields; and
(b) must not be a person who behaves in conflict with or
inconsistent with the objectives of the Foundation
under section 4.

8. Term of appointment - A qualified member:
(a) holds office for a period not exceeding three (3) years on
such terms and conditions as are determined by
Cabinet; and
(b) is eligible for reappointment.

9. Remuneration and allowances - A qualified member must be
paid such remuneration and allowances as determined by Cabinet.

10. Removal from office - A qualified member may be removed
from office by the chairperson, acting on the advice of Cabinet, for
disability, inefficiency, bankruptcy, neglect of duty, misconduct or
permanent departure from Samoa.

11. Resignation - A qualified member may resign office in
writing signed by him or her and delivered to the chairperson.


6 Health Promotion Foundation 2015, No. 12

12. Vacancy of office-(1) The office of a qualified member
becomes vacant if the member:
(a) dies;
(b) is removed from office under section 10;
(c) resigns under section 11; or
(d) subject to subsection (2), completes his or her term of
appointment under section 8(a).
(2) At the expiration of the term under section 8(a), if a new
qualified member has not yet been appointed, the qualified member
having vacated office at the expiration of the term must remain in
office for continuing the performance of work until the newly
appointed qualified member takes office.
(3) A vacancy of office is to be filled in the manner in which the
original appointment was made.

13. Disclosure of interests, etc-(1) A member of the Foundation
who is in any way, whether directly or indirectly interested in a
contract or proposed contract with the Foundation must, as soon as
practicable after the relevant facts have come to his or her knowledge,
declare the fact and the nature and extent of the interest at a meeting
of the Foundation.
(2) Subsection (1) does not apply if the interest of the member
consists only of being a member or creditor of a body that is
interested in a contract or proposed contract with the Foundation if
the interest may properly be regarded as not being a material interest.
(3) For the purposes of subsection (1), a general notice given to
the members of the Foundation by a member to the effect that he or
she is a member, officer or employee of a body and is to be regarded
as interested in any contract that may, after the date of the notice, be
made with that body is sufficient declaration of interest in relation to
any contract so made or proposed to be made if:
(a) the notice states the nature and extent of the interest of the
member in the body; and
(b) when the question of the confirming or entering into a
contract is first taken into consideration, the extent of
the member’s interest is not greater than that stated in
the notice; and
(c) the notice is read at a meeting of the Foundation or the
member takes reasonable steps to ensure that it is
brought up and read at the next meeting of the
Foundation after it is given.


2015, No. 12 Health Promotion Foundation 7

(4) A member of the Foundation who possesses any property or
holds any office where, whether directly or indirectly, interests or
duties might be created in conflict with the member’s interests or
duties as a member must, in accordance with subsection (5), declare
at a meeting of the members of the Foundation the fact and nature and
extent of the conflict.
(5) A declaration required by subsection (4) in relation to the
possession of any property or the holding of any office must be made
by a person:
(a) if the person possesses the property or holds the office as
mentioned in subsection (4) when he or she becomes a
member, at the first meeting of the Foundation held
after -
(i) he or she becomes a member; or
(ii) the relevant facts as to the possession of the
property or the holding of the office come to his or
her knowledge,
whichever is the latter; or
(b) if the person comes into possession of the property or
commences to hold the office as mentioned in
subsection (4) after he or she becomes a member, at
the first meeting of the Foundation held after the
relevant facts as to the possession of the property or
the holding of the office come to his or her knowledge.
(6) The chairperson must cause to be recorded every declaration
under this section in the minutes of the meeting at which it was made.
(7) This section is in addition to, and not in derogation of, the
operation of any Act or rule of law restricting a member from having
an interest in contracts with the Foundation or from possessing
property or holding offices involving interests or duties in conflict
with the member’s interests or duties as a member.

14. Validity of acts and decisions - An act or decision of the
Board is not invalid by reason only:
(a) of a vacancy in the office of a member;
(b) of any defect or irregularity in or in connection with the
appointment of a member; or
(c) in the case of a person appointed to act as chairperson or as
a member, that the occasion for so acting had not
arisen or had ceased.


8 Health Promotion Foundation 2015, No. 12

15. Meetings of Board-(1) A meeting of the Board shall be
called:
(a) by the chairperson; or
(b) by the deputy chairperson, in the absence or unavailability
of the chairperson; or
(c) on request in writing from at least two (2) directors.
(2) In the absence or unavailability of the chairperson and deputy
chairperson, the members shall appoint a member to chair a meeting
of the Board.
(3) Four (4) members constitute a quorum.
(4) Every question before any meeting of the Board shall be
determined by a majority of members present at the meeting but the
chairperson of the meeting shall have a deliberative vote and a casting
vote.
(5) Except as otherwise provided by this Act, the Board may
regulate its procedure as the Board thinks fit.
(6) The Board may co-opt other persons to attend and participate
in the Board’s deliberations, but such persons will not have the power
to vote on any matter.
(7) The Board may appoint a member of staff to act as secretary
to the Board but such staff member shall not be a member of the
Board or have a right to vote.

16. Advisory committees-(1) The Board may appoint advisory
committees consisting of one (1) or more persons, whether members
of the Board or not, for the purposes of providing advice and
information to assist the Foundation in the performance of its
functions.
(2) The Board shall define or vary the terms of reference of those
committees.
(3) Subject to this Act and to the control of the Board, each
committee appointed under this section may regulate its procedure in
such manner as the committee thinks fit.
(4) A member of an advisory committee shall be paid such
allowances and expenses as are determined by Cabinet.

17. Delegation of powers-(1) The Board may, in respect of a
specified matter or class of matters, by writing, delegate any of its
powers to a member or committee of the Board except this power of
delegation.


2015, No. 12 Health Promotion Foundation 9

(2) Every member or committee purporting to act pursuant to a
delegation under this section shall, in the absence of proof to the
contrary, be presumed to be acting in accordance with the terms of
the delegation.
(3) No delegation under this section shall prevent the exercise of
any power or the performance of any function or duty by the Board.
(4) A delegation under subsection (1) may be:
(a) made subject to conditions, qualifications and exceptions;
and
(b) revoked or varied at will.

18. Chief Executive Officer-(1) There shall be a Chief Executive
Officer of the Foundation who is appointed by the Board.
(2) The Chief Executive Officer is appointed for a period of at
least three (3) years, and is entitled to remuneration as determined by
the Board and approved by Cabinet.
(3) The Chief Executive Officer shall devote the whole of his or
her services to the Foundation and shall not occupy any other office
or employment, whether remunerated or not, except that he or she
may act as a director of any Board, Committee or Commission
established by the Government or as required by any Act.
(4) The Board may revoke the appointment of the Chief Executive
Officer:
(a) on any of the grounds stated in section 10; or
(b) if the Chief Executive Officer fails to comply with any of
the terms and conditions of his or her appointment, or
any lawful direction given by the Board.

19. Responsibilities of Chief Executive Officer-(1) The Chief
Executive Officer is responsible for managing the Foundation and
implementing the decisions of the Board.
(2) Subject to this Act and any resolution passed at a meeting of
the Board, the Chief Executive Officer may do all things necessary or
convenient to be done in connection with the performance of his or
her duties.
(3) The Chief Executive Officer shall make a report at each
meeting of the Board in relation to:
(a) all health promotion contracts or agreements entered into
by or on behalf of the Foundation since the previous
meeting of the Board; and
(b) all health promotion activities, campaigns, awareness
programs, research, studies; and


10 Health Promotion Foundation 2015, No. 12

(c) the financial performance of the Foundation; and
(d) any other matter in respect of which the Board requires the
Chief Executive Officer to submit a report.
(4) Where the Chief Executive Officer is prevented by illness,
absence or other similar cause from performing his or her duties, or
when the office of Chief Executive Officer is vacant, the Board may
appoint one (1) or more of the staff members of the Foundation to
perform the Chief Executive Officer’s duties.

20. Appointment of staff-(1) The Board may:
(a) appoint and employ persons in addition to the Chief
Executive Officer, subject to terms and conditions as
the Board determines;
(b) delegate to the Chief Executive Officer the power to make
any appointment in accordance with subsection (1)(a);
and
(c) fix the remuneration and allowances of persons employed
by the Foundation.
(2) The Board may enter into an agreement with the Public
Service Commission and the Chief Executive Officer of the relevant
Ministry or Government agency to provide for the secondment of
employees to the service of the Foundation, on such terms and
conditions as may be specified in the agreement.
(3) The Foundation may engage consultants or other persons to
undertake any task or work for or on behalf of the Foundation on such
terms and conditions as the Board determines.

21. Protection from personal liability-(1) No suit or other legal
proceedings shall lie personally against any member, officer or
employee of the Board or other person acting under the direction of
the Board for anything which is in good faith done or intended to be
done in the execution or purported execution of this Act or any other
written law.
(2) Where the Board provides a service where information is
supplied to the public, neither the Board nor any of its officers or
employees involved in the supply of such information shall be liable
for any loss or damage suffered by any member of the public by
reason of any error or omission of whatever nature appearing in such
information or however caused if made in good faith and in the
ordinary course of the discharge of the duties of such officers or
employees.


2015, No. 12 Health Promotion Foundation 11

PART IV
FINANCIAL MATTERS

22. Health Promotion Fund-(1) A Health Promotion Fund is
established and shall be administered by the Foundation.
(2) All money received by the Foundation must be paid into the
Fund.
(3) The Fund’s monies may be derived from:
(a) Government of Samoa grants;
(b) bequests, donations or other grants made to the Fund; or
(c) any other income or payment due to the Fund.
(4) The Fund may be expended for:
(a) the performance of the Foundation’s functions;
(b) meeting expenses, costs and expenditure properly incurred
or accepted by the Board in the exercise of its powers
and duties; or
(c) meeting any expenses properly incurred in the
administration of this Act and the Fund.
(5) No expenditure may be made from the Fund unless the
expenditure is within the budget set under section 26.

23. Bank accounts - The Board shall open and maintain one (1)
or more accounts with such bank or banks as the Board thinks fit and
every such account shall be operated by such person or persons as
may be authorised in that behalf by the Board.

24. Exemption from tax - The income of the Foundation is
wholly exempted from income tax.

25. Charitable purpose - Any bequest, donation or grant made to
the Foundation or the Fund is taken to have been made for a
charitable purpose.

26. Budget - The Foundation shall, before the first of June in each
year and in accordance with the Public Finance Management Act
2001, prepare a budget for the next financial year, of money to be
paid into the Fund and money to be paid out of the Fund.

27. Accounts-(1) The Foundation must keep proper accounts and
records of the transactions and affairs of the Foundation and do all
things necessary to ensure that:
(a) all funds received are brought to account;


12 Health Promotion Foundation 2015, No. 12

(b) all payments are properly authorised and correctly made
and accounted for; and
(c) there are adequate controls over the Foundation’s assets,
property under the Foundation’s control, expenditure
and liabilities.
(2) The Foundation shall be subject to the provisions of the Public
Finance Management Act 2001 and for this purpose, despite the
provisions of that Act, the funds received by the Foundation is
regarded as public money and the assets and property of the
Foundation is regarded as public property.

28. Annual report-(1) The Board shall cause to be prepared and
submitted to the Minister, within six (6) months after the end of each
financial year, an annual report containing:
(a) financial statements for the preceding financial year;
(b) a report on the operations of the Foundation during the
preceding financial year; and
(c) such other information as Cabinet may require.
(2) The financial statements referred to in subsection (1) shall be
prepared in compliance with generally accepted accounting standards
and shall consist of:
(a) a statement of financial position of the Foundation;
(b) a statement of the financial performance of the
Foundation; and
(c) proper and adequate notes to the financial statements.
(3) The financial statements referred to in subsection (2) shall
present fairly the financial position and financial performance of the
Foundation during the financial year to which they relate.
(4) The Foundation shall, within four (4) months after the end of
each financial year, cause to be submitted to the Controller and Chief
Auditor for audit, the financial statements and other information
referred to in subsection (2).
(5) The financial year of the Foundation shall be from 1 July to 30
June.
(6) The Minister shall submit to the Clerk of the Legislative
Assembly for tabling before Parliament, the annual report of the
Foundation together with the Controller and Chief Auditor’s report on
the Foundation’s financial statements, within 14 days of receiving the
Controller and Chief Auditor’s audit report.

29. Manner of operation - The Foundation shall operate in a
financially responsible manner and, for this purpose, shall:
(a) endeavour to maintain its long-term financial viability;


2015, No. 12 Health Promotion Foundation 13

(b) endeavour to cover all its annual costs, including the cost
of capital, from its annual income;
(c) endeavour to be a successful going concern; and
(d) prudently manage its assets and liabilities.

30. Review of funding - The Foundation shall review its sources
of funding under section 22(3) within five (5) years of this Act
coming into force.

PART V
MISCELLANEOUS

31. False information - Any person who:
(a) attempts to obtain any financial assistance or other benefit
provided under this Act by means of false or
misleading statement or document; or
(b) obtains any financial assistance or other benefit provided
under this Act by means of false or misleading
statement or document,
commits an offence and is liable, on conviction, to a fine not
exceeding 50 penalty units or imprisonment for a term not exceeding
three (3) years or to both.

32. Repayment - Where a person is convicted of an offence under
section 31, the court may, in addition to imposing a punishment under
that section, order the person to make repayment of the amount of
money or value of benefit wrongfully obtained together with interest
at the rate of 10 % per annum in respect of each day from the day that
person received the financial assistance or benefit.

33. Offence by body corporate-(1) Where a body corporate
commits an offence under this Act, any person who at the time of the
commission of the offence was a director, manager, secretary or other
similar officer of the body corporate or was purporting to act in any
such capacity or was in any manner or to any extent responsible for
the management of any of the affairs of the body corporate or was
assisting in such management may be charged and tried severally or
jointly in the same proceedings with the body corporate.
(2) A person charged jointly or severally under subsection (1)
shall have a defence, if having regard to the nature of his or her
functions in that capacity and to all circumstances, he or she proves:
(a) that the offence was committed without his or her
knowledge, consent or connivance; and


14 Health Promotion Foundation 2015, No. 12

(b) that he or she took all reasonable precautions and had
exercised due diligence to prevent the commission of
the offence.

34. Regulations-(1) The Head of State, acting on the advice of
Cabinet, may make regulations as may be expedient or necessary for
giving full effect to the provisions of this Act.
(2) Without limiting subsection (1), regulations may be made for
prescribing:
(a) the procedure to be followed by any committee established
under this Act;
(b) the procedure relating to the giving of grants or other
financial assistance;
(c) the manner of applying for a grant or other financial
assistance, the forms to be used and the information to
be furnished;
(d) the form in which a register or other records shall be kept
or maintained under this Act and the entries to be
made in the register and records;
(e) the fees or charges to be imposed under this Act;
(f) the manner of appointment, and the terms and conditions
of service of the officers and servants of the Board;
and
(g) any other matter which the Board regards expedient or
necessary for the purposes of this Act.

35. Transfer of personnel, resources and assets-(1) Where this
Act provides for the Foundation to be responsible for any function or
duty, or where responsibility for such function or duty is transferred
to the Foundation from the Ministry of Health or any other Ministry,
the Minister, after consulting with the Board, the Chief Executive
Officer of the relevant Ministry and, in the case of staff and
contractors, the Chief Executive Officer of the Public Service
Commission and, in the case of resources and assets, the Chief
Executive Officer of the Ministry of Finance may, by notice
determine:
(a) which staff and contractors will be transferred to the
Foundation from the control, management and
direction of the relevant Ministry;
(b) which resources and assets will be transferred to or from
the control and management of the relevant Ministry;
and


2015, No. 12 Health Promotion Foundation 15

(c) the terms, conditions and other arrangements required for
any transfer referred to in paragraphs (a) and (b),
including but not limited to any payments and
entitlements.
(2) For the purposes of this Act or any other Act,:
(a) any staff or contractor that is transferred under subsection
(1)(a) is regarded for all purposes as a member of the
staff of the Foundation; and
(b) any resources and assets transferred under subsection
(1)(b) is for all purposes vested in the Foundation.

36. Consequential amendments-(1) The Income Tax Act 2012 is
amended as follows:
(a) for Schedule 2, Part A (1) of the Income Tax Act 2012 -
(i) at the end of paragraph (y), omit the full
stop and substitute a semicolon; and
(ii) after paragraph (y), insert the following
new paragraph:

“(z) the income of the Samoa Health Promotion
Foundation.”.

(2) The Ministry of Health Act 2006 is amended as follows:
(a) in Schedule 1, after “Health Ordinance 1959”, insert
“Health Promotion Foundation Act 2015”;
(b) in Schedule 2, clause 1.5 -
(i) for paragraph (c), omit “Promotion and”;
and
(ii) for subparagraph (i), omit “and Health
Promotion”.
(3) The Public Bodies (Performance and Accountability) Act
2001 is amended by inserting in Schedule 1, Part B in its correct
alphabetical position, “Samoa Health Promotion Foundation”.

__________
The Health Promotion Foundation Act 2015
is administered by the Ministry of Health.