rangement of Provisions

1. Short title and commencement
2. Section 7 amended
3. Section 8 substituted
4. Transitional


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2015, No. 3

AN ACT to amend the National Kidney Foundation of Samoa
Act 2005 (“Principal Act”). [2nd
February 2015]

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

1. Short title and commencement-(1) This Act may be cited
as the National Kidney Foundation of Samoa Amendment Act
2015.
(2) This Act commences on the date of assent by Head of
State.

2. Section 7 amended - For section 7 of the Principal Act:
(a) in subsection (2), substitute:


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“The Board comprises seven (7) directors who are to be
selected under the applicable law relating to the management
of public bodies.”; and

(b) for subsections (3) to (15), substitute:

“(3) Before advising the Head of State, Cabinet shall take
into account:
(a) the need of the Foundation to have directors with
qualifications, experience and expertise in the
areas of medicine, nursing, preventive
healthcare, fundraising, finance, management,
engineering, ethics and such other
qualifications, experience and expertise
appropriate to the Foundation’s purposes and
functions; and
(b) the desirability of gender equality and the
representation of patients and their families.
(4) When advising the Head of State, Cabinet shall
designate a chairperson and a deputy chairperson from
amongst the members.

7A. Terms and removal-(1) Subject to this section, a
director:
(a) holds office for a term of three (3) years;
(b) is eligible for reappointment;
(c) may be removed from office by the Head of State,
acting on the advice of Cabinet, for disability,
inefficiency, bankruptcy, neglect of duty,
misconduct or permanent departure from
Samoa, or may resign in writing to the Head of
State.
(2) If the term of three (3) years expires, the director
continues in office until re-appointed or a successor is
appointed.
(3) A director must not be re-appointed after having
served two (2) consecutive terms.


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7B. Vacancy of office - The office of a director becomes
vacant if the director:
(a) dies or resigns; or
(b) is removed from office; or
(c) completes the term of appointment under section
7A(1)(a).
7C. Meetings-(1) The following rules apply to a meeting
of the Board:
(a) a meeting is to be called -
(i) by the Chairperson; or
(ii) if the Chairperson if absent, by the
Deputy Chairperson; or
(iii) by written request from at least two
(2) directors;
(b) the Chairperson or (if the Chairperson is absent)
Deputy Chairperson or (if both are absent) a
director selected by the directors present, chairs
the meeting;
(c) four (4) members constitute a quorum;
(d) a question is to be determined by a majority of
directors present at the meeting;
(e) the chair of the meeting has a deliberative vote and
a casting vote.
(2) The General Manager must attend and participate in a
meeting of the Board except:
(a) that the General Manager has no voting rights;
(b) if the absence is approved by the Board -
(i) for the General Manager to perform
a designated task on behalf of the
Foundation; or
(ii) because it will consider a matter
about the performance of the General
Manager.
(3) Subject to this Act, the Board may regulate its own
procedures.


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7D. Allowances - The directors are entitled to fees and
allowances as approved by Cabinet.

7E. Board secretary - The Board may appoint a staff
member of the Foundation to act as secretary to the Board, but
the staff member:
(a) is taken not to be a member of the Board; or
(b) has no right to vote; or
(c) may, with leave of the Board, speak at or
participate in a meeting of the Board.”.

3. Section 8 substituted - For section 8 of the Principal Act
substitute:

“8. Staff-(1) The staff of the Foundation consist of the
following:
(a) a General Manager of the Foundation who is
appointed by Cabinet in consultation with the
Board;
(b) other officers and employees of the Foundation;
(c) any consultant or other person engaged for the
purpose of this Act.
(2) The Board may appoint suitably qualified persons on
terms as it thinks appropriate under subsection (1)(b) and (c).
(3) The Board may, in writing, delegate its power under
subsection (2)(b) to the General Manager to appoint officers,
employees, consultants or other persons.
(4) Staff members employed by the Foundation are not
regarded as officers or employees of the Public Service under
the Public Service Act 2004.
(5) With the consent of the Public Service Commission
and the Chief Executive Officer of the relevant government
Ministry or agency, the Foundation may arrange for the use of
the services of any staff (by secondment or otherwise) or
facilities of any government Ministry or agency.
(6) For the purposes of this Act, any staff member subject
to subsection (5) is taken as a staff member of the
Foundation.”.

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4. Transitional - At the commencement of this Act current
staff and the secretary of the Board continue as if they were
appointed under this Act.

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The National Kidney Foundation of Samoa Amendment Act 2015
is administered by the Ministry of Health.