GHANA AIDS COMMISSION ACT, 2016
ACT 938
ARRANGEMENT OF SECTIONS
Section
Ghana AIDS Commission
1.Establishment
of the Commission
2.Object
of the Commission
3.Functions
of the Commission
4.Governing
body of the Commission
5.Tenure
of office of members
6.Meetings
of the Board
7.Disclosure
of interest
8.Establishment
of committees
9.Regional
and district committees of the
Commission
10.Allowances
11.Executive
oversight
Administrative Provisions
12.Appointment
of Director-General
13.Functions
of the Director-General
14.Secretariat
of the Commission
15.Appointment
of other staff
16.Co-operation
by officer of a public agency
Financial Provisions
17.Funds
of the Commission
18.Accounts
and audit
19.Annual
report and other reports
National HIV and AIDS Fund
20.Establishment
of the National HIV and AIDS
Fund
21.Object
of the Fund
22.Sources
of money for the Fund
23.Bank
account for the Fund
24.Exemption
from payment of tax
25.National
HIV and AIDS Fund Management
Committee.
26.Secretariat
of the Fund
27.Accounts,
audit and annual reports of the
Fund Management Committee
Human Rights of Persons Living
with HIV or AIDS
28.Non-discrimination
29.Right
to health
30.Right
to privacy and confidentiality
31.Insurance
benefits and other benefits
32.Right
to work
33.Right
to education
34.Political
rights
35.Freedom
of movement
36.Sexual
and reproductive health rights
37.Disclosure
of confidential information
Enforcement of Rights
38. Legal proceedings
Miscellaneous Matters
39.Offences
and penalties
40.Regulations
41.Interpretation
42.Repeal
and savings
43.Transitional
provisions
REPUBLIC OF GHANA
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
GHANA AIDS COMMISSION ACT, 2016
AN ACT to establish the Ghana
AIDS Commission and the National
HIV and AIDS Fund, to provide
for the management of the Fund,
to prevent and control the HN
and AIDS epidemic, to
promote and protect the rights
of persons living with HIV or
AIDS and to provide for related
purposes.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President.
Establishment of the Commission
1. (1) There is established by
this Act a body corporate to be
known as the Ghana AIDS
Commission.
(2) For the performance of its
functions, the Commission may
acquire and hold movable and
immovable property, dispose of
property and enter into a
contract or any other
transaction.
(3) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Commission under the State Lands
Act, 1962 (Act 125) and the cost
shall be borne by the
Commission.
Object of the Commission
2. The object of the Commission
is to formulate policy on the
HIV and AIDS epidemic and to
direct and co-ordinate
activities in response to HIV
and AIDS.
Functions of the Commission
3. To achieve the object under
section 2, the Commission shall
(a)
formulate policies and
strategies on HIV and AIDS and
determine programme priorities;
(b)
provide high level advocacy for
HIV and AIDS prevention and
control;
(c)
provide leadership in national
planning, supervision and
support of the HIV and AIDS
programme;
(d)
plan and co-ordinate activities
in relation to the national HIV
and AIDS response;
(e)
mobilise, control and manage
resources available for the
achievement of the object of the
Commission and monitor the
allocation and utilisation of
the resources;
(f)
foster linkages among
stakeholders;
(g)
generate strategic information
to influence policy, strategies,
planning and the use of
resources;
(h)
promote research and
dissemination of information on
HIV and AIDS and documentation
of persons living with HIV or
AIDS; and
(i)
monitor and evaluate programmes
of the national HIV and AIDS
response.
Governing body of the Commission
4. (1) The governing body of the
Commission is a Board consisting
of
(a)
the President of the Republic as
the chairperson;
(b)
the Ministers responsible for
(i) Health;
(ii) Gender, Children and Social
Protection; and
(iii) Local Government and Rural
Development;
(c)
the Director-General;
(d)
the Director-General of the
Ghana Health Service;
(e)
the Executive Director of the
National Population Council;
(f)
the Government Statistician;
(g)
the President of the Ghana HIV
and AIDS Network;
(h)
the President of the Network of
Associations of Persons Living
with HIV;
(i)
two representatives of
Parliament;
(j)
one representative each
nominated by
(i) a Christian Group; and
(ii) the Federation of Muslim
and Ahmadiyya Mission;
(k)
one representative of the
National House of Chiefs;
(I)
one representative of the Ghana
Employers Association;
(m)
one representative of a labour
organisation; and
(n)
two persons with expertise on
matters relating to HIV and
AIDS, one of whom is a female.
(2) Members of the Board shall
be appointed by the President in
accordance with article 70 of
the Constitution.
(3) The Board shall ensure the
proper and effective performance
of the functions of the
Commission.
Tenure of office of members
5.
(1) A member of the Board shall
hold office for a term of not
more than four years and is
eligible for re-appointment for
another term only.
(2) Subsection (1) does not
apply to the Director-General of
the Commission or any other
person who is a member of the
Board by virtue of office.
(3) A member of the Board, other
than a person who is a member of
the Board by virtue of office,
may at any time resign from
office in writing addressed to
the chairperson of the Board.
(4) A member of the Board, other
than a person who is a member of
the Board by virtue of office,
who is absent from three
consecutive meetings of the
Board without sufficient cause
ceases to be a member of the
Board.
(5) The President may, by letter
addressed to a member, revoke
the appointment of that member.
(6) Where a member of the Board
is, for a sufficient reason,
unable to act as a member, the
chairperson of the Board shall
determine whether the inability
would result in a declaration of
a vacancy for the unexpired
tenure of office of that member.
(7) Where there is a vacancy
(a)
under subsection (3), (4) or 7
(2), or
(b)
as a result of a declaration
under subsection (5), or
(c)
by reason of the death of a
member,
the President shall appoint a
person to fill the vacancy.
Meetings of the Board
6. (1) The members of the Board
shall meet at least once every
three months for the dispatch of
business at the times and in the
places determined by the
chairperson.
(2) The chairperson shall, at
the request in writing of not
less than one-third of the
membership of the Board, convene
an extraordinary meeting of the
Board at the place and time
determined by the chairperson.
(3) The quorum at a meeting of
the Board is nine members of the
Board or a greater number
determined by the Board in
respect of an important matter.
(4) The chairperson shall
preside at meetings of the Board
and in the absence of the
chairperson, the Minister shall
preside.
(5) In the absence of the
Minister, another Minister
determined by the Ministers
present shall preside.
(6) Matters before the Board
shall be decided by a majority
of the members present and
voting and in the event of an
equality of votes, the person
presiding shall have a casting
vote.
(7) The Board may co-opt a
person to attend a meeting of
the Board but that person shall
not vote on a matter for
decision at the meeting.
(8) The proceedings of the Board
shall not be invalidated by
reason of a vacancy in the
membership of the Board or a
defect in the appointment or
qualification of a member.
(9) Subject to this section, the
Board may determine the
procedure for its meetings.
Disclosure of interest
7. (1) A member of the Board who
has an interest in a matter for
consideration shall
(a)
disclose the nature of the
interest and the disclosure
shall form part of the record of
the consideration of the matter;
and
(b)
recuse himself or herself from
the deliberations of the Board
in respect of the matter.
(2) A member ceases to be a
member of the Board, if that
member has an interest in a
matter before the Board and
(a)
fails to disclose that interest;
or
(b)
participates in the
deliberations on the matter.
Establishment of committees
8. (1) The Board may establish
committees consisting of members
of the Board or non-members or
both to perform a function.
(2) A committee with one or more
members of the Board shall be
chaired by a member of the
Board.
(3) Section 7 applies to a
member of a committee of the
Board.
(4) Without limiting subsection
(1), the Board shall establish
the following committees:
(a)
Programmes Committee;
(b)
Research, Monitoring and
Evaluation Committee;
(c)
Legal and Ethics Committee;
(d)
Resource Mobilisation Committee;
and
(e)
HIV and AIDS Fund Management
Committee.
(5) The Board shall determine
the functions of a Committee
specified in subsection (4).
Regional and district committees
of the Commission
9. (1) The Board shall establish
(a)
regional committees of the
Commission in the regions
determined by the Board, and
(b)
district committees of the
Commission in the districts
determined by the Board.
(2) A regional committee of the
Commission consists of (a)
the Regional Minister who is
the chairperson;
(b)
the Regional Director for Health
Services;
(c)
one representative of the
Network of Associations of
Persons Living With HIV;
(d)
one representative of a civil
society organisation that deals
with HIV and AIDS;
(e)
one representative nominated by
a Christian Group;
(f)
one representative nominated by
the Federation of Muslim and
Ahmadiyya Mission;
(g)
one representative from the
Regional House of Chiefs;
(h)
the Regional Director of
Education; and
(t)
the Regional Technical
Coordinator.
(3) A district committee of the
Commission consists of
(a)
the Chief Executive of the
Metropolitan, Municipal or
District Assembly who is the
chairperson;
(b)
the District Director for
Health;
(c)
one representative of the
Network of Associations of
Persons Living with HIV;
(d)
one representative of a civil
society organisation that deals
with HIV and AIDS;
(e)
one representative nominated by
a Christian Group;
(f)
one representative nominated by
the Federation of Muslim and
Ahmadiyya Mission;
(g)
one representative from the
traditional council or
authority;
(h)
the District Director of
Education; and
(t)
the District HIV Focal Person.
(4) The President shall in
accordance with article 195 of
the Constitution appoint members
of
(a)
a regional committee of the
Commission, and
(b)
a district committee of the
Commission.
(5) A regional committee of the
Commission and a district
committee of the Commission
shall perform the functions of
the Commission as the Board may
direct in writing.
(6) A regional committee of the
Commission and a district
committee of the Commission
shall regulate the procedure for
their meetings.
Allowances
10.
A member of the Board and a
member of a committee of the
Commission shall be paid the
allowances approved by the
Minister in consultation with
the Minister responsible for
Finance.
Executive oversight
11.(1)
The Commission is responsible to
the President.
(2) The President, shall, in
writing, designate a Minister to
have oversight responsibility
for the Commission.
(3) The Minister designated
under subsection (2) or any
other person designated, shall
carry out the directives of the
President and shall report to
the President at least once in
every three months.
Administrative Provisions
Appointment of Director-General
12.
(1) The Commission shall have a
Director-General.
(2) The President shall, in
accordance with article 195 of
the Constitution, appoint the
Director-General.
(3) The Director-General shall
hold office on the terms and
conditions specified in the
letter of appointment.
Functions of the
Director-General
13.
(1) The Director-General
(a)
is responsible for the day to
day administration and
operations of the Secretariat of
the Commission and is answerable
to the Board in the performance
of functions under this Act;
(b)
is responsible for the
implementation of the decisions
of the Board;
(c)
shall provide technical advice
to the Board on the HIV and AIDS
epidemic as may be required; and
(d)
shall perform any other function
determined by the Board.
(2) The Director-General may
delegate a function to an
officer of the Commission but
shall not be relieved from the
ultimate responsibility for the
performance of the delegated
function.
Secretariat of the Commission
14.
(1) The Commission shall have a
Secretariat with divisions
determined by the Board as
necessary for the effective
performance of the functions of
the Commission.
(2) Each division shall be
headed by a Director who shall
be appointed by the President in
accordance with the advice of
the Board given in consultation
with the Public Services
Commission.
(3) A Director shall perform the
functions in relation to a
division as the Board may
determine.
Appointment of other staff
15.
(1) The President shall, in
accordance with article 195 of
the Constitution, appoint other
staff of the Commission that are
necessary for the effective
performance of the functions of
the Commission.
(2) Other public officers may be
transferred or seconded to the
Commission or may otherwise give
assistance to the Commission.
(3) The Board may on the advice
of the Director-General engage
the services of consultants and
advisers as the Board considers
necessary.
Co-operation by officer of a
public agency
16.
An officer of a public agency
shall co-operate with officers
of the Commission in the
performance of the functions of
the Commission under this Act.
Financial Provisions
Funds of the Commission
17.
The sources of funds for the
Commission include
(a)
moneys from the Fund;
(b)
moneys approved by Parliament;
(c)
loans contracted by the
Commission and guaranteed by
Government; and
(d)
donations and grants.
Accounts and audit
18.
(1) The Board shall keep books
of account and proper records in
the form approved by the
Auditor-General.
(2) The Board shall within three
months after the end of the
financial year submit the
accounts of the Commission to
the Auditor- General for audit.
(3) The Auditor-General shall,
not later than three months,
after the receipt of the
accounts, audit the accounts and
forward a copy of the audit
report to the Board.
(4) The financial year of the
Commission shall be the same as
the financial year of the
Government.
Annual report and other reports
19.
(1) The Board shall within one
month after the receipt of the
audit report submit to the
Minister an annual report
covering the activities and the
operations of the Commission for
the year to which the report
relates.
(2) The annual report shall
include the report of the
Auditor- General.
(3) The Minister shall, within
one month after the receipt of
the annual report, submit the
report to Parliament with a
statement that the Minister
considers necessary.
(4) The Board shall also submit
to the Minister any other report
which the Minister may require
in writing.
National HIV and AIDS Fund
Establishment of the National mv
and AIDS Fund
20.
There is established by this Act
a National HIV and AIDS Fund.
Object
of the
Fund
21.
(1) The object of the Fund is to
provide financial resources for
the national HIV and AIDS
response to target, in
particular, HIV prevention,
including the reduction of
mother-to-child transmission,
stigma reduction, treatment and
the care and support of persons
living with HIV.
(2) To achieve the object of the
Fund, moneys of the Fund shall
be applied
(a)
for the treatment and care of
persons living with HIV or AIDS;
(b)
for measures towards the
elimination of HIV and AIDS;
(c)
for the increase in prevention,
care and other support services;
(d)
for research relating to the HIV
and AIDS epidemic; and
(e)
in respect of any other matter
concerned with the HIV and AIDS
epidemic.
Sources of money for the Fund
22.
The sources of money for the
Fund include
(a)
moneys approved by Parliament
for the Fund;
(b)
grants, donations, gifts and
other voluntary contributions;
(c)
returns on investment of funds
by the Commission;
(d)
moneys that the Minister
responsible for Finance may
determine with the approval of
Parliament; and
(e)
other moneys or property that
may become lawfully payable and
vested in the Board for the
Fund.
Bank account for the Fund
23.
The moneys for the Fund shall be
paid into bank accounts opened
for the Fund with the approval
of the Controller and
Accountant- General.
Exemption from payment of tax
24.
The Fund is exempt from the
payment of tax.
National HIV and AIDS Fund
Management Committee
25.
(1) Without limiting section
8(1), there is established by
this. Act a National HIV and
AIDS Fund Management Committee.
(2) The Fund Management
Committee comprises of not more
than five members of the
Commission including a
representative of the Controller
and Accountant-General and one
person from the private sector.
(3) The Fund Management
Committee shall
(a)
manage the Fund;
(b)
make recommendations to the
Board on matters concerned with
financing the Fund ;
(c)
pursue policies to ensure the
achievement of the object of the
Fund;
(d)
liaise with public agencies to
sustain funding to promote the
best interest of persons living
with HIV and AIDS;
(e)
prepare guidelines and
procedures for the management
and disbursements of moneys from
the Fund; and
(f)
deal with any matter concerned
with financing and sustaining
the HIV and AIDS response.
(4) Members of the Fund
Management Committee shall elect
a member from among their number
as the chairperson.
(5) Members of the Fund
Management Committee shall
regulate the procedure for their
meetings.
Secretariat of the Fund
26. The Secretariat of the
Commission shall provide
administrative support for the
Fund.
Accounts, audit and annual
reports of the Fund Management
Committee
27. The provisions on accounts
and audit and submission of
annual reports to Parliament
specified in sections 18 and 19
apply to the Fund.
Human Rights of Persons Living
with HIV or AIDS
Non-discrimination
28. (1) A person living with or
affected by HIV or AIDS and a
person highly at risk of HIV
infection shall enjoy the
fundamental human rights and
freedoms enshrined in the
Constitution.
(2) A person shall not directly
or indirectly discriminate
against a person infected or
affected by HIV or AIDS based on
the actual or perceived HIV
status of that person or of a
close associate of that person.
(3) A person who suffers an act
of discrimination based on the
actual or perceived HIV status
of that person or of a close
associate of that person may
institute legal proceedings to
claim damages against the person
who carried out that act of
discrimination.
(4) Legal proceedings on
discrimination that involve a
person living with HIV or AIDS
or highly at risk of HIV
infection, may, on the direction
of the Court, be held in camera.
(5) A party to legal proceedings
in subsection (4) may apply to
the Court for the proceedings to
be held in camera.
(6) Any report of the
proceedings shall be made
anonymously and facts
identifying persons related to
the case shall not be revealed.
(7) A person shall not deny
burial for a deceased person who
suffered from HIV or AIDS or was
known, suspected or perceived to
be an HIV or AIDS patient on the
grounds of the actual or
perceived HIV status of the
deceased person.
Right to health
29. (1) A person living with HIV
or AIDS has the right to a
reasonable standard of health
which includes access to health
care services.
(2) A person shall not give
medical treatment or carry out a
medical research on a person
living with HIV or AIDS without
the consent of the person living
with HIV or AIDS except where
the person with HIV or AIDS is
unable to give consent.
(3) Where a person living with
HIV or AIDS is unable to give
consent as provided for in
subsection (2), a guardian of
the person living with HIV or
AIDS may give consent to the
medical treatment or medical
research in accordance with the
Patients' Rights and Charter of
the Ghana Health Service.
(4) A person living with HIV or
AIDS who is unable to give
consent to a medical treatment
or a medical research to be
carried out on that person shall
not be deprived by another
person of medical treatment,
based on religious or other
beliefs.
Right to privacy and
confidentiality
30. (1) Every person shall enjoy
a right to privacy and
confidentiality as regards the
HIV status of that person.
(2) A person shall not disclose
any information that concerns
the HIV status of another person
to a third party without the
written consent of the affected
person.
(3) Subsection (2) does not
apply
(a)
in the cases provided for under
this Act or any other law;
(b)
to a health care provider who is
directly involved in providing
health care to that person where
knowledge of the HIV status of
the patient is necessary to make
a clinical decision in the best
interests of that patient;
(c)
for the purpose of an
epidemiological study where
anonymity is assured and the
release of information cannot be
expected to identify the person
to whom it relates; and
(d)
upon an order of a court, where
the information contained in the
medical file of that person is
directly relevant to the
proceedings before the court.
(8) An employer shall enable an
employee with an HIV or AIDS
related illness to benefit from
rights that pertain to an
employee affected by a long-term
illness when the employee is no
longer able to discharge the
duties for which the employee
was engaged on account of poor
health.
Right to education
33.
(1) The actual or perceived HIV
status of a person, the partner
or close relative of that person
shall not constitute an obstacle
to access education and the
right to education.
(2) A person shall not, on the
basis of the actual or perceived
HIV status of another person or
the partner and close relative
of that other person
(a)
isolate, exclude, suspend or
deny the participation of a
person in any educational event
or activity; or
(b)
deny any educational benefits or
services to that person.
Political rights
34.
A person shall not be denied
(a)
the right to seek an election to
a political office or any other
public office, or
(b)
the right to vote
on the grounds of the actual,
perceived or suspected HIV
status of that person.
Freedom of movement
35.
(1) The right of abode or access
to a public place or freedom of
movement of a person shall not
be denied or restricted on the
grounds of the actual or
perceived HIV status of that
person.
(2) A person shall not be
quarantined, placed in
isolation, refused lawful entry
or deported from this country on
the grounds of the actual,
perceived or suspected HIV
status or AIDS status of that
person.
Sexual and reproductive health
rights
36.
(1) A person living with HIV,
affected by HIV or highly at
risk of
an HIV infection
(a)
is entitled to sexual and
reproductive health rights;
(b)
has the right to a family; and
(c)
has the right to marry and bear
children.
(2) The HIV status of a person
does not constitute a valid
reason to oppose the marriage of
that person.
(8) An employer shall enable an
employee with an HIV or AIDS
related illness to benefit from
rights that pertain to an
employee affected by a long-term
illness when the employee is no
longer able to discharge the
duties for which the employee
was engaged on account of poor
health.
Right to education
33.
(1) The actual or perceived HIV
status of a person, the partner
or close relative of that person
shall not constitute an obstacle
to access education and the
right to education.
(2) A person shall not, on the
basis of the actual or perceived
HIV status of another person or
the partner and close relative
of that other person
(a)
isolate, exclude, suspend or
deny the participation of a
person in any educational event
or activity; or
(b)
deny any educational benefits or
services to that person.
Political rights
34.
A person shall not be denied
(a)
the right to seek an election to
a political office or any other
public office, or
(b)
the right to vote
on the grounds of the actual,
perceived or suspected HIV
status of that person.
Freedom of movement
35.
(1) The right of abode or access
to a public place or freedom of
movement of a person shall not
be denied or restricted on the
grounds of the actual or
perceived HIV status of that
person.
(2) A person shall not be
quarantined, placed in
isolation, refused lawful entry
or deported from this country on
the grounds of the actual,
perceived or suspected HIV
status or AIDS status of that
person.
Sexual and reproductive health
rights
36.
(1) A person living with HN,
affected by HIV or highly at
risk of an HIV infection
(a)
is entitled to sexual and
reproductive health rights;
(b)
has the right to a family; and
(c)
has the right to marry and bear
children.
(2) The HIV status of a person
does not constitute a valid
reason to oppose the marriage of
that person.
Disclosure of confidential
information
37. An authorised officer who
receives information in the
performance of functions under
this Act shall not
(a)
disclose the information to an
unauthorised person; or
(b)
disclose the personal details of
a person to a third party except
by order of a Court.
Enforcement of Rights
Legal proceedings
38. (1) The rights created under
sections 28 to 37 are
enforceable in accordance with
article 33 of the Constitution.
(2) A public agency or a
non-governmental organisation
may institute legal proceedings
for and on behalf of a person
living with or affected by HIV
or AIDS for infringement of the
rights referred to in sections
28 to 37.
Miscellaneous Matters
Offences and penalties
39. (1) A person who
(a)
discriminates against a person
infected or affected by HIVor
AIDS in contravention of section
28(2);
(b)
denies burial for a person
suspected or perceived to be HIV
positive in contravention of
section 28(7);
(c)
unlawfully discloses information
that concerns the HIV status of
another person in contravention
of section 30;
(d)
compels a person living with
HN or AIDS to disclose the
status of that person in
contravention of section 30 (4);
(e)
denies or excludes a person
suspected or perceived to be HIV
or AIDS positive from insurance,
retirement, social security
benefits or any other right the
affected person may
claim in contravention of
section 31(1);
(f)
discriminates against an
employee in contravention of
section 32;
(g)
isolates or denies another
person educational rights on the
basis of the actual or perceived
HIV status of that person
in contravention of section 33;
(h)
denies another person the right
to be elected to a public office
or the right to vote on account
of the HIV status of that person
in contravention of section 34;
(i)
denies another person freedom of
movement or the right of
residence in contravention of
section 35;
(j)
denies another person sexual and
reproductive health rights
and the right to a family in
contravention of section 36;
commits an offence and is liable
on summary conviction to a fine
of not less than two hundred
penalty units and not more than
five hundred penalty units or to
a term of imprisonment of not
less than eighteen months and
not more than three years or to
both the fine and imprisonment.
(2) A public officer who refuses
or fails without reasonable
cause to co-operate with an
authorised officer of the
Commission, commits an offence
and is liable on summary
conviction to a fine of not less
than fifty penalty units and not
more than one hundred penalty
units -or to a term of
imprisonment of not less than
three months and not more than
six months or to both the fine
and imprisonment.
Regulations
40.
(1) The Minister may, on the
advice of the Board, by
legislative instrument, make for
the effective implementation of
this Act.
(2) Without limiting the
generality of subsection (1),
the Regulations may provide for
(a)
the regulation of test
facilities and test kits;
(b)
the regulation of prevention
services;
(c)
the regulation of antiretroviral
drugs and treatment services;
and
(d)
matters relating to the Fund.
Interpretation
41.
In this Act, unless the context
otherwise requires,
"AIDS" means Acquired Immune
Deficiency Syndrome;
"authorised officer" means an
officer of the Commission or any
public officer authorised by the
Commission to ensure the
validity of authority;
"Board" means the governing body
of the Commission established
under section 4;
"care and support" includes
(a)
institutional and home-based
health services and palliative
care;
(b)
psychosocial and financial
assistance to undertake income
generating activities; and
(c)
support for a comprehensive
nutritional programme for
persons living with HN or
AIDS and periodic HIV testing
and counselling;
"Christian Group" means the
Christian Council the Catholic
Bishops Conference, the Ghana
Pentecostal and Charismatic
Council, the National
Association of Charismatic
Christian Churches and the
Council of Independent Churches;
"Commission" means the Ghana
AIDS Commission established
under section 1;
"Court" means a court of
competent jurisdiction;
"Director-General" means the
Director-General appointed under
section 12;
"discrimination" against a
person living with HIV or AIDS
or highly at risk of the
infection means any distinction,
exclusion, restriction or
preference based on the actual
or perceived HIV status or AIDS
status of that person that
affects, nullifies or impairs
the recognition, enjoyment or
exercise of the human rights and
fundamental freedoms of the
person in the political,
economic, social, cultural or
any other field of public life;
"district" includes a
municipality and a metropolis;
"District Chief Executive"
includes a Metropolitan and a
Municipal Chief Executive;
"elimination of HIV or AIDS"
includes the prevention of
mother to child transmission;
"healthcare provider" includes a
healthcare practitoner licensed
to practise in Ghana in
accordance with an enactment in
force, a Social Welfare
Practitioner or a Professional
Counsellor;
"
HIV " means Human
Immunodeficiency Virus;
"Minister" means the person
designated by the President
under section 11 (2) to
have oversight responsibility
for the Commission;
"non-governmental organisation"
includes a civil society
organisation, traditional
authority, religious body or
other benevolent association
concerned with persons living
with HIV or AIDS;
"public agency" means a body set
up by the Government in the
public interest with or without
an Act of Parliament;
"public office" includes an
office, the emoluments attached
to which are paid directly from
the Consolidated Fund or
directly out of moneys provided
by Government and
includes a public or statutory
corporation funded directly or
partly out of public funds;
"public officer" means a person
who holds a public office;
"reasonable allowance for an
employee with an HIV or AIDS
related illness" means the
rearrangement of working time,
special equipment, opportunities
for rest breaks and time off for
medical appointments; and
"security services" means the
Police Service, the Armed
Forces, the Immigration Service,
the Ghana National Fire Service,
the Prisons Service and the
Customs, Excise and Preventive
Service Division of the Ghana
Revenue Authority.
Repeal and savings
42.(1)
The Ghana AIDS Commission Act,
2002 (Act 613) is repealed.
(2) Despite the repeal of Act
613, bye-laws, notices, orders,
directions, appointments or any
other act lawfully made or done
under the repealed enactment and
in force immediately before the
commencement of this Act shall
be considered to have been made
or done under this Act with the
necessary modification and shall
continue to have effect until
reviewed, cancelled or
terminated.
Transitional provisions
43.
(1) The assets, rights,
obligations and liabilities of
the Ghana AIDS Commission
established under the Ghana AIDS
Commission Act, 2002 (Act 613)
and in force immediately before
the coming into force of this
Act, are transferred to the
Commission.
(2) A person in the employment
of the Ghana AIDS Commission
immediately before the coming
into force of this Act, shall on
the coming into force of this
Act be deemed to have been duly
employed by the Commission
established by this Act on terms
and conditions which are not
less in aggregate to terms and
conditions attached to the post
held by that person before the
coming into force of this Act. '
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Date of Gazette
notification:
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