rangement of Provisions
PART I
PRELIMINARY
1. Short title and commencement
2. Interpretation 3. Application of Act
PART II
ESTABLISHMENT,
FUNCTIONS AND POWERS
OF THE MINISTRY OF
HEALTH
4. Establishment of the Ministry
5. Functions of the Ministry 6. Powers and Responsibilities
of the Ministry
PART III
FUNCTIONS AND POWERS
OF THE MINISTER
7. Functions of the Minister 8. Powers of the Minister
PART IV
APPOINTMENT,
FUNCTIONS AND POWERS
OF THE CHIEF EXECUTIVE
OFFICER
9. Appointment of the Chief Executive Officer
10. Functions of the Chief Executive Officer
11. Powers and Responsibilities of the Chief Executive
Officer
PART V
MINISTRY PERSONNEL
12. Appointment and working arrangements for personnel
PART VI
ADVISORY BODIES
13. Advisory bodies established by the Minister
14. Remuneration of advisory bodies
15. Status and authority of members of advisory bodies
PART VII
DELEGATIONS
16. Delegations by the Minister 17. Delegations by the Chief
Executive Officer
18. General requirements
24 Ministry of Health Act 2006, No.19
PART VIII
MISCELLANEOUS
19. Minister to determine fees and charges
20. Refunds 21. Evidence by certificate 22. Validity of acts 23. Civil protection for Minister
and Chief Executive Officer
24. Regulations 25. Amending Schedules 26. Consequential Amendments 27. Savings and transitional
provisions
Schedules
__________
2006, No. 19
AN ACT to establish and define the functions and powers of
the Ministry of Health, the Minister and the Chief
Executive Officer of the Ministry and for related
purposes. [04th
December 2006]
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
citied as the Ministry of Health Act 2006.
(2) This Act shall commence on a date nominated by the
Minister.
(3) Notice of commencement of this Act shall be published
in Samoan and English in the Savali and one other newspaper
circulating in Samoa.
2. Interpretation – In this Act, unless the context other-wise requires:
“Chief Executive Officer” means the Chief Executive
Officer of the Ministry; “eligible people” and “eligible person” means citizens of
Samoa, residents of Samoa and other persons meeting
2006, No.19 Ministry of Health Act 25
the eligibility criteria for access to publicly funded health services specified by Cabinet or by regulation;
“Government” means the Government of Samoa; “health service” includes but is not limited to:
(a) Public health services, including services to prevent,
limit and suppress infections and other diseases; (b) Health promotion services; (c) Primary care health services; (d) Secondary health services;
(e) Tertiary health services;
(f) Disability health services; (g) Environmental health services; (h) Any other service or activity determined from time
to time to be a health service by the Minister by Notice, acting on the advice of the Chief
Executive Officer; and (i) Any service, facility, institution or body concerned
with or related to any health service under paragraphs (a) - (g);
“land law” means any law in force relating to the acqui-
sition, use and disposal of land and includes the –
(a) Land Survey and Environment Act 1989 (b) Taking of Land Act 1964 (c) Land and Titles Act 1981;
“Minister” means the Minister responsible for the Ministry
from time to time; “'Ministry” means the Ministry of Health established pur-
suant to this Act and the Ministerial and Departmental Arrange-ments Act 2003 and includes the former Department of Health established under the provisions
of the Health Ordinance 1959; “National Health Service” means the National Health
Service established under the National Health Service Act 2006;
“personnel” includes officers, employees and servants;
“provider” means a provider of a health service and includes but is not limited to: (a) The Ministry; (b) The National Health Service;
26 Ministry of Health Act 2006, No.19
(c) Any other Government Body or Agency providing a health service;
(d) A medical practitioner; (e) A dental practitioner; (f) A pharmacist;
(g) A nurse; (h) A midwife; (i) Any allied healthcare professional regulated under
any Act;
(j) Any traditional birth attendant or healer regulated
under any Act; (k) Any person (incorporated or otherwise) providing a
health service for reward or otherwise; (l) Any community group (incorporated or otherwise)
providing a health service for reward or other-
wise; and (m) Any other person or body determined from time to
time to be a provider of a health service by the Minister by Notice, acting on the advice of the Chief Executive Officer;
“Public Service” has the same meaning as provided by
Article 83 of the Constitution; “public sector law” means any law in force relating to the
public sector and includes: (a) The Public Service Act 2004;
(b) The Public Bodies (Performance and Accountabili-ty) Act 2001; and
(c) The Public Finance Management Act 2001; “Samoa” means the Independent State of Samoa.
3. Application of Act-(1) This Act binds the Government. (2) This Act shall be read as subject to:
(a) The Ministerial and Departmental Arrangements Act 2003;
(b) Public sector law; and
(c) Land law.
2006, No.19 Ministry of Health Act 27
PART II
ESTABLISHMENT, FUNCTIONS AND POWERS OF
THE MINISTRY OF HEALTH
4. Establishment of the Ministry - There shall be a Department of the Government known as the Ministry of Health.
5. Functions of the Ministry-(1) The Ministry shall have
the following functions: (a) To administer or assist the Minister to administer, as
the case may require, the legislation set out in Schedule 1;
(b) To administer any other enactment, subject or matter as may be determined by Cabinet from time to time; and
(c) To fulfill the responsibilities, functions and duties set out in Schedule 2.
(2) In undertaking its functions under this Act the Ministry shall give preference to policies, programs and practices which increase the capacity of the people of Samoa to have greater access to and control over and participation in their health and well-being.
6. Powers and Responsibilities of the Ministry-(1) The Ministry shall have the power to perform all of the functions provided by this Act and any applicable law.
(2) The Ministry shall be responsible and accountable to the Minister through the Chief Executive Officer for the carrying out of its functions under this Act and any applicable law.
(3) The Government and the Ministry shall have the power to arrange for and provide any health service by or through any provider.
PART III FUNCTIONS AND POWERS OF THE MINISTER
7. Functions of the Minister – The Minister shall have the following functions:
(a) To administer the legislation set out in Schedule 1; (b) To fulfill the responsibilities set out in Schedule 3;
28 Ministry of Health Act 2006, No.19
(c) To provide governance and strategic leadership to the Ministry;
(d) To monitor the Ministry’s performance, including its compliance with all applicable laws;
(e) To evaluate the Chief Executive Officer’s perform-mance, including the Chief Executive Officer’s compliance with the requirements of all applica-ble laws; and
(f) To approve the annual report on the Ministry’s per-formance and to lay the annual report before the Legislative Assembly within 7 months of the end of the financial year to which it relates.
8. Powers of the Minister-(1) The Minister shall have the
power to perform all of the functions provided by this Act and any applicable law.
(2) Without limiting subsection (1), the Minister shall have the power to:
(a) Direct the Chief Executive Officer in relation to high level outcomes, priorities, policies and perform-ance requirements for the Ministry and the Chief Executive Officer;
(b) Regulate or arrange for the regulation of the areas of the Minister’s responsibilities set out in Schedule 3;
(c) Subject to land law, acquire and maintain any asset, resource or physical facility, including land, which relates to or supports the functions of the Ministry; and
(d) Fulfill the Minister’s functions as necessary.
PART IV
APPOINTMENT, FUNCTIONS AND POWERS OF THE CHIEF EXECUTIVE OFFICER
9. Appointment of the Chief Executive Officer - A Chief Executive Officer for the Ministry shall be appointed as
administrative head of the Ministry and hold office as administrative head of the Ministry in accordance with the provisions of public sector law.
2006, No.19 Ministry of Health Act 29
10. Functions of the Chief Executive Officer-(1) The
Chief Executive Officer shall have the following functions: (a) To advise the Minister; (b) To direct Ministry operations in compliance with the
law; (c) To ensure that the Ministry applies its resources
effectively, efficiently and economically to fulfill the functions set out in section 5 in accordance with any applicable law;
(d) To work co-operatively with, and to require Ministry personnel to work co-operatively with the
National Health Service and other government and non-government organisations; and
(e) To represent the Ministry on boards, councils, non-government bodies and international forums as required by the Minister or by law.
(2) The functions given to the Chief Executive Officer by or under this Act are in addition to those given to the Chief Executive Officer by or under any other Act.
11. Powers and Responsibilities of the Chief Executive
Officer-(1) The Chief Executive Officer shall have the power to perform all of the functions provided by this Act and any applicable law.
(2) The Chief Executive Officer shall be responsible and
accountable to the Minister for: (a) The management of the Ministry’s personnel; and (b) The engagement of contractors and the management
of the contracts engaging the contractors: but shall not be subject to direction by the Minister as to the
appointment, promotion, suspension, demotion, transfer, discip-line or dismissal of the Ministry’s personnel or the engagement
of contractors.
PART V
MINISTRY PERSONNEL
12. Appointment and working arrangements for
personnel-(1) All personnel of the Ministry are to be appointed, promoted, suspended, demoted, transferred, disciplined or dismissed and otherwise regulated in accordance with public
sector law.
30 Ministry of Health Act 2006, No.19
(2) All Ministry personnel shall act: (a) Under the direction of the Chief Executive Officer in
the discharge of their functions, powers and duties; and
(b) In accordance with public sector law.
(3) All office holders of special positions in the former Department of Health are deemed to be office holders of such special positions in the Ministry provided that these positions may be disestablished or otherwise determined.
PART VI
ADVISORY BODIES
13. Advisory bodies established by the Minister-(1) The
Minister, acting on the advice of Cabinet, by Notice may
appoint any advisory body that the Minister considers appropriate to assist in carrying out the Minister’s or the Ministry’s functions under this Act or any applicable law and may:
(a) Authorise an advisory body appointed under this
section to make enquiries, conduct research or
make reports that the Minister considers will assist the Minister or the Ministry to efficiently carry out the Minister’s functions or the Ministry’s functions, as the case may be;
(b) Regulate the procedures in relation to any matter concerning any advisory body appointed under this section;
(c) Appoint or dismiss any advisory body member appointed under this section; and
(d) By Notice, dissolve any advisory body established under this section.
(2) The Minister must consider the nature of the community interest and the matters to be addressed by an advisory body when determining its membership.
(3) Any Notice establishing an advisory body under this section shall:
(a) Specify the name of the advisory body; (b) Specify the purpose for establishing or dissolving the
advisory body, as the case may be;
2006, No.19 Ministry of Health Act 31
(c) In the case of a Notice establishing an advisory body, specify the advisory body membership;
(d) Be published in Samoan and English in the Savali and one other newspaper circulating in Samoa.
(4) The appointment of an advisory body shall not reduce
or otherwise affect the accountability of the Minister and the Chief Executive Officer to fulfill the functions required by this or any other law.
14. Remuneration of advisory bodies - Subject to monies
being appropriated by Parliament for the purpose and any directions issued by Cabinet, the Chief Executive Officer may:
(a) Pay such fees and allowances to members of ad-visory bodies established under this Act at such rates as may be approved by Cabinet; and
(b) Reimburse members of advisory bodies for authoris-ed expenses reasonably incurred in performing any services required to be performed on behalf of such advisory bodies.
15. Status and authority of members of advisory bodies-
(1) No person shall be deemed to be employed in the Public Service by reason of appointment to an advisory body under this Act.
(2) Except where the Minister authorises otherwise in
writing, no member of an advisory body appointed under this Act shall have authority to bind or speak on behalf of the Government, the Ministry, the Minister, the Chief Executive Officer or any advisory body so appointed.
PART VII
DELEGATIONS
16. Delegations by the Minister - The Minister may
delegate to any person any or all of the functions and powers
which are conferred on the Minister by this or any other Act.
17. Delegations by the Chief Executive Officer - The
Chief Executive Officer may delegate to any person any or all
32 Ministry of Health Act 2006, No.19
of the functions and powers that are conferred on the Chief
Executive Officer by this or any other Act.
18. General requirements-(1) Any delegation made under
this Act must be made in writing.
(2) Any person who delegates a function or power under
this Act may still exercise that function or power.
(3) Any person who delegates a function or power under
this Act may in writing revoke the delegation at will.
(4) Any delegation made under this Act by a person who
subsequently ceases to hold office continues in force as if made
by that person’s successor in office until such delegation is
revoked.
PART VIII
MISCELLANEOUS
19. Minister to determine fees and charges-(1) Subject
to public sector law, in particular Part 6 of the Public Finance
Management Act 2001, the Minister may by Notice:
(a) Determine fees and charges concerning any matter
under or concerning this Act or any applicable
law and for any goods or services provided by
the Ministry or for any goods or services funded
by the Ministry and provided by another person
or body; and
(b) Provide for the time and manner of payment of any
fee or charge determined by the Minister under
this section.
(2) Subject to section 20, any fee or charge under subsection
(1) shall be non-refundable unless the Minister determines
otherwise.
(3) Any Notice under this section shall be published in
Samoan and English in the Savali and one other newspaper
circulating in Samoa.
20. Appropriation of refunds-(1) Any refund of fees or
charges under this Act may be made without further appropria-
2006, No.19 Ministry of Health Act 33
tion than this section and shall be statutory expenditure payable
out of the Treasury Fund.
(2) In exercising any discretion concerning refunds under
section 19, the Minister shall be subject to any Cabinet
directions issued from time to time.
21. Evidence by certificate-(1) The Chief Executive
Officer, and any personnel of the Ministry authorised in writing
by the Chief Executive Officer, may provide a certificate stating
any fact known to the Ministry, or indicating the content of any
record or register maintained by the Ministry.
(2) Despite any other law, a certificate complying with the
requirements of subsection (1) shall be admissible in Samoa or
elsewhere as sufficient evidence of the fact so stated or the
content so stated in such certificate before:
(a) Any court or tribunal; or
(b) Any statutory or administrative body or agency; or
(c) Any person exercising judicial or quasi-judicial or
statutory or administrative authority.
(3) A certificate purporting to comply with the requirements
of subsection (1) shall be presumed to comply with subsection
(1) unless the contrary is proved.
(4) Despite any other law, the issuance of a certificate under
this section and filing of such certificate with a court, tribunal or
other body, authority or person shall be sufficient discharge of
the Government’s or the Minister’s or the Ministry’s or the
Chief Executive Officer’s or any Ministry personnel’s obligat-
ion to answer a summons issued by such court, tribunal or other
body, authority or person to give evidence or produce
documents, provided that such court, tribunal or other body,
authority or person may require the person signing such
certificate to appear in person for the purpose of examination.
22. Validity of acts – All actions and decisions of the
Minister or the Chief Executive Officer or any personnel acting
under the authority of the Minister or the Chief Executive
Officer under the provisions of this Act or any applicable law
shall be deemed to have been validly done or made notwith-
34 Ministry of Health Act 2006, No.19
standing any defect, expiration, error or lapse in the appoint-
ment of the person taking such action or making such decision.
23. Protection from liability-(1) Claims made by or
against the Ministry shall be made pursuant to the Government
Proceedings Act 1974.
(2) A person exercising a function under this Act does not
incur civil liability for anything done or omitted to be done in
good faith:
(a) In the exercise of a power or the discharge of a duty
under this Act; or
(b) In the reasonable belief that the act or omission was
in the discharge of a duty under this Act.
24. Regulations-(1) The Head of State, acting on the
advice of Cabinet, may make regulations providing for such
matters as are contemplated by or necessary for giving full
effect to the provisions of this Act and any legislation listed in
Schedule 1, and for the due administration thereof.
(2) Without limiting the regulation power conferred under
subsection (1), the power to make regulations shall include:
(a) Defining who shall be deemed an eligible person for
the purposes of access to publicly funded health
services, including medicines, and defining
classes of persons who are non residents and
liable for the cost of publicly funded health
services; and
(b) Providing for the arrangement and management of
health services and patients including the ad-
mission, discharge and treatment arrangements
for patients, the admission of visitors and the
powers and duties of staff and the provision of
quality control and consumer complaints sys-
tems; and
(c) Providing for the creating of offences and to pre-
scribe fines of up to 100 penalty units for such
offences concerning this Act and any legislation
listed in Schedule 1.
2006, No.19 Ministry of Health Act 35
25. Schedules-(1) For all purposes, Schedules 2 and 3 shall
be read as subject to this Act and the specific provisions
contained in applicable laws and shall not be interpreted or
applied so as to extend the responsibilities and powers of the
Minister or Ministry, as the case may be, beyond:
(a) Any responsibilities and powers contained in this Act
and the legislation set out in Schedule 1;
(b) Any responsibilities and powers as may be directed
in writing by the Prime Minister from time to
time under Article 35 of the Constitution; and
(c) Any responsibilities and powers provided under pub-
lic sector law.
(2) Despite any other law, Schedules 2 and 3 shall not be
used for the purpose of making the Government, the Minister
and the Ministry liable by way of any prerogative writ or
judicial review.
(3) The Schedules may be amended by the Minister, acting
on the advice of Cabinet, by Notice published in Samoan and
English in the Savali and one other newspaper circulating in
Samoa.
26. Consequential amendments - The Health Ordinance
1959 is amended:
(1) By deleting the definitions of “Board”, “Director
General”, “Minister” and “Department” in section 2 and
inserting the following definitions in correct alphabetical order:
“Chief Executive Officer” has the same meaning as
provided in the Ministry of Health Act 2006;
“Minister” has the same meaning provided in the Ministry
of Health Act 2006;
“Ministry” has the same meaning as provided in the
Ministry of Health Act 2006.
(2) By deleting the words “Director-General” wherever they
appear (whether in any heading, marginal notes, section or
elsewhere) and substituting the words “Chief Executive
Officer”.
(3) By deleting the word “Department” wherever it appears
(whether in any heading, marginal notes, section or elsewhere)
and substituting the word “Ministry”.
36 Ministry of Health Act 2006, No.19
(4) By deleting sections 3, 4, 5, 6, 7, 8, 9, 10, 11 and 59.
27. Savings and transitional provisions-(1) All references
in law to the Department of Health shall be read as referring to
the Ministry unless the context otherwise requires.
(2) All references in law to the Minister of Health shall be
read as referring to the Minister responsible for the Ministry
unless the context otherwise requires.
(3) All references in law to the Director-General of Health
and the Director of Health shall be read as referring to the Chief
Executive Officer of the Ministry unless the context otherwise
requires.
(4) Every document and act of authority so far as they are
subsisting or in force at the time of the commencement of this
Act relating to any legislation set out in Schedule 1 shall
continue and have effect until such time as they are altered or
amended or cancelled in accordance with such provisions or
under the corresponding provisions of this Act, as the case may
require.
(5) Every advisory body existing at the time of commence-
ment of this Act relating to any legislation set out in Schedule 1
shall be deemed to be an advisory body established by the
Minister under Part VI of this Act.
(6) Despite the provisions of this Act, all applications and
other matters arising out of or under any legislation set out in
Schedule 1 which are not determined or otherwise dealt with
under such provisions at the date of the commencement of this
Act shall be determined or otherwise dealt with under such
provisions or under the corresponding provisions of this Act, as
the case may require, with such modifications, adaptions and
alterations as the Minister may determine in writing from time
to time.
(7) Despite the provisions of this Act, where this Act does
not provide or provides insufficient or inadequate provision for
the transition from any legislation set out in Schedule 1 to this
Act, the Minister by Notice may make such provisions as the
Minister deems necessary in order for all matters under or con-
cerning any legislation set out in Schedule 1 and this Act to be
properly and effectively determined or otherwise dealt with.
2006, No.19 Ministry of Health Act 37
SCHEDULE l
LEGISLATION WHICH THE MINISTRY IS
RESPONSIBLE TO ADMINISTER OR ASSIST THE
MINISTER TO ADMINISTER
Burials Ordinance 1961 Dental Practitioners Act 1975 Food and Drugs Act 1967 Health Ordinance 1959 Medical Practitioners Act 1975 Mental Health Ordinance 1961 Narcotics Act 1967 National Health Service Act 2006 National Kidney Foundation of Samoa Act 2005 Nursing Act 1969 Pharmacy Act 1976 Poisons Act 1968 Samoa Red Cross Act 1993 Oceania University of Medicine (Samoa) Act 2002
SCHEDULE 2
MINISTRY’S RESPONSIBILITIES, FUNCTIONS AND
DUTIES
1. In performing the functions set out in section 5 of this
Act, and subject to any applicable laws and available resources,
the Ministry has the following responsibilities, functions and
duties:
1.1 To provide the Government and the Minister with ad-
vice as to strategies, policies and planning concerning the
development, resourcing, provision and management of health
services;
1.2 To establish, regulate and enforce standards concerning
the training, qualifications and performance required for pro-
viders in accordance with any applicable laws;
1.3 To monitor the performance of providers;
38 Ministry of Health Act 2006, No.19
1.4 To establish and provide for quality control and con-
sumer complaints systems for the provision of health services in
accordance with any applicable laws;
1.5 To provide the following health services:
Strategic Development Services, including: (a) Health Resourcing;
(b) Health Planning;
(c) Health Information; and
(d) Health Research.
Health Library
Health Promotion and Preventive Services, including: (a) Health Education and Health Promotion;
(b) Preventive Services;
(c) Public Health Services Surveillance;
(d) Environmental Health Services;
(e) Dental Promotion;
(f) Nutrition; and
(g) Reproductive Health.
Health Services Performance, including: (a) Medical Services;
(b) Dental Services;
(c) Pharmacy Services;
(d) Allied Health Professional Services;
(e) Nursing Services;
(f) Midwife Services;
(g) Traditional Healing and Birth Attendant Services;
and
(h) Other Providers of Health Services;
Corporate Services for the Ministry, including: (a) Corporate Services;
(b) Administration;
(c) Finance; and
(d) Legal Services.
1.6 Such other responsibilities, functions and duties re-
quired by this Act and any applicable laws; and
1.7 To report to the Government and the Minister, as re-
quired, concerning any matter referred to in paragraphs 1.1, 1.2,
1.3, 1.4, 1.5 and 1.6.
2006, No.19 Ministry of Health Act 39
2. In undertaking the above responsibilities, functions and
duties the Ministry shall:
(a) Cooperate with, assist and support the Government,
the Minister, the National Health Service, other
Ministries, Statutory Bodies, Government
Agencies and Persons in undertaking their
constitutional and statutory functions and duties
under this Act, the National Health Service Act
2006 and any applicable laws; and
(b) Assist the Government, the Minister and the
National Health Service to arrange for and pro-
vide any health service by or through any
provider where the Government determines that
such provider can provide the health service
most effectively and efficiently.
SCHEDULE 3
MINISTER’S RESPONSIBILITIES
In performing the functions set out in section 7(b) of this Act,
the Minister has the following responsibilities -
(a) To ensure that the governance and strategic leader-
ship of the Ministry by the Chief Executive
Officer and staff of the Ministry are such that the
resources under the Ministry’s control are
applied to activities to improve, promote and
protect the health of the eligible people of
Samoa;
(b) To advise the Ministry and Chief Executive Officer
of the Government’s objective, policies and pri-
orities concerning improving, promoting and
protecting the health of the eligible people of
Samoa; and
(c) Such other responsibilities as provided by this Act
and any other laws.
40 Ministry of Health Act 2006, No.19
The above responsibilities are to be read subject to this Act and
the specific provisions contained in applicable laws.
__________
The Ministry of Health Act 2006 is administered in the
Ministry of Health.
Printed by the Clerk of the Legislative,
by authority of the Legislative Assembly.
