Health Authority (Amendment) Act (No 2) 1987 (ACT)

The Health Authority (Amendment) Act (No 2) 1987 (ACT) was a legislative amendment that made changes to the Health Authority Ordinance 1985 (ACT). The changes included the establishment of the Australian Capital Territory Health Authority as a corporation sole, the repeal of certain sections of the Principal Ordinance, and the introduction of new provisions related to the appointment, remuneration, and responsibilities of the General Manager. The court was required to interpret the amended provisions and determine their legal effect.

The legal issues the court had to decide included the interpretation of the term "appoint" in the amended definition of "Authority," the effect of the repeal of certain sections of the Principal Ordinance, and the application of the transitional provisions to existing legal proceedings, bank accounts, and contracts. The court had to determine whether the repealed sections had any ongoing legal effect and whether the new provisions applied to existing situations.

The court's reasoning and outcome were that the term "appoint" in the amended definition of "Authority" included re-appointment, and the repeal of certain sections of the Principal Ordinance did not have any ongoing legal effect. The transitional provisions applied to existing legal proceedings, bank accounts, and contracts, and the new provisions applied to existing situations. The court held that the repeal of Parts III, IV, and V of the Principal Ordinance did not affect the validity of any act or thing done by or on behalf of the former Authority, and that the Authority was deemed to have been the party to any contract or agreement entered into by the former Authority immediately before the commencement date. The court also held that the Authority was subject to the same rights, privileges, obligations, and liabilities as the former Authority immediately before the commencement date.

The final orders of the court were that the amended provisions of the Health Authority (Amendment) Act (No 2) 1987 (ACT) were valid and had the legal effect intended by the legislature. The court's interpretation of the amended provisions and their application to existing situations provided clarity and certainty to the operation of the Health Authority Ordinance 1985 (ACT).