te Heuheu Georgina: Health Practitioners Competence Assurance Bill — In Committee 
te Heuheu Georgina: Health Practitioners Competence Assurance Bill — In Committee 
[Volume:611;Page:8160] 
Hon GEORGINA TE HEUHEU (NZ National) 
: 
 I shall refer briefly to the issue of the review of the operation of the Act. While this legislation has been described as a dog’s breakfast—not by me—if that is the case then it is a very good reason to put in place the opportunity for review. I suggest that there is a more important reason that we must have a review of the operation of the Act. My understanding is that we have tried to encompass all health professionals in one single piece of legislation. There appear to be some new things in the bill but the underlying purpose which is the safety and health of the public demands after seeing how the Act is operating and if we think there is any potential for that purpose to be diminished that that is a good reason for a review of the Act. I think that clause is worthwhile. 
The other area I want to comment on and ask the Minister to enlighten me on is the issue of the period of transition for membership of continuing authorities. Clause 211 sets out the meaning of the period of transition. Presumably then this is the transition—gosh it is John Tamihere in the chair; I hope the Minister is able to answer my question. I turn the Minister’s attention to clause 211 “Meaning of period of transition” and then to clause 214 “Vacancies may be filled by Minister”. What period of transition is envisaged by the Minister? In other words— 
Hon John Tamihere 
: Small. 
Hon GEORGINA TE HEUHEU 
: A small period; that is good. Clause 214 gives the Minister the power to appoint any person to fill any vacancy that occurs during the period of the membership of a continuing authority. Is that transition period small or big? Will the conditions or criteria set out regarding the composition of the board of any authority in clause 116 still apply when and if the Minister has to appoint a person to fill a vacancy that occurs during the transition period and if not why not? I am assuming that it is important because the Minister made a big thing of this that the majority of members on an authority will be health practitioners and that two are lay persons. If a vacancy occurs that was filled by a health professional will the Minister seek to fill that vacancy with another health professional? I guess that if it was a lay person then the replacement would be a lay person. 
My point is that if it is important—and we certainly think it is important that the majority of the membership be health professionals—then I would like some assurance that under clause 214 the Minister will replace a health professional with a health professional. 
 The other thing is whether in making that appointment during the transition period the Minister will then do what she is going to do in relation to permanent memberships on the permanent authorities. Will she or he whoever the Minister might be also then be calling for input for appointment from those groups or persons within the health sector to whom the authority relates? That sounds like a bit of a mouthful but I hope the Minister will be able to give some assurance that like will be replaced with like and that no vacancy will be filled by someone who is not the same status.