Social Security Act 2018

Consequential amendments

Schedule 9: Medical board

You could also call this:

“Rules for doctors and experts who help decide about health and work support”

A medical board consists of three members appointed by the chief executive for a specific purpose. The members can be medical practitioners, rehabilitation professionals, or experts in vocational training or support for people with health conditions, injuries, or disabilities. Rehabilitation professionals include those engaged in rehabilitation, nurses, occupational therapists, physiotherapists, and psychologists.

Members of the medical board serve under terms and conditions set by the chief executive. They may receive payment and can be reimbursed for expenses. However, being on the board doesn’t make them employees of the Crown for certain legal purposes.

The board needs all three members present to have a meeting, and decisions are made when two members agree. MSD (Ministry of Social Development) covers all the costs for secretarial and administrative services needed by the board.

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9Medical board Empowered by s 413, Schedules 1, 2

1Establishment and membership

  1. A medical board consists of 3 members appointed—

  2. by the chief executive; and
    1. for the particular purpose.
      1. A person is ineligible for appointment as a member unless the person is—

      2. a medical practitioner; or
        1. a rehabilitation professional (see subclause (3)); or
          1. a person who has appropriate expertise in the fields of vocational training or vocational support for persons with health conditions, injury, or disability.
            1. In subclause (2)(b), rehabilitation professional means a person who is—

            2. a person professionally engaged in the rehabilitation of persons from sickness or accident or with disabilities; or
              1. a nurse; or
                1. an occupational therapist; or
                  1. a physiotherapist; or
                    1. a psychologist.
                      1. In subclause (3)(b), nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions.

                      2. In subclause (3)(c), occupational therapist means a health practitioner who is, or is deemed to be, registered with the Occupational Therapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy.

                      3. In subclause (3)(d), physiotherapist means a health practitioner who is, or is deemed to be, registered with the Physiotherapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy.

                      4. In subclause (3)(e), psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology.

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                      2Members’ terms and conditions of office

                      1. Each member holds office on terms and conditions that—

                      2. are not inconsistent with this Act; and
                        1. the chief executive thinks fit.
                          1. Each member—

                          2. may be paid remuneration at a rate and of a kind determined by the chief executive; and
                            1. is entitled to be reimbursed for actual and reasonable travelling and other expenses determined by the chief executive.
                              1. No member is, just because of membership of a board, to be treated as employed in the service of the Crown for the purposes of—

                              2. the Public Service Act 2020; or
                                1. the Government Superannuation Fund Act 1956.
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                                  Notes
                                  • Schedule 9 clause 2(3)(a): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).

                                  3Secretarial and administrative services

                                  1. MSD must meet the costs of all secretarial and administrative services required for a board’s purposes.

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                                  4Quorum, and board’s decision, at meetings

                                  1. At any meeting of a board,—

                                  2. the quorum is that board’s total membership; and
                                    1. the decision of any 2 members of that board is that board’s decision.
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