Health Care Act 2008 (SA)
South Australia
Health Care Act 2008
An Act to provide for the administration of hospitals and other health services; to establish the Health Performance Council and Health Advisory Councils; to establish systems to support the provision of high-quality health outcomes; to provide licensing systems for ambulance services and private hospitals; to assist with the provision of laboratory services and facilities associated with veterinary science; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
4 Objects of Act
5 Principles
Part 2—Minister and Chief Executive
6 Minister
7 Chief Executive
8 Delegations
Part 3—Health Performance Council
9 Establishment of Health Performance Council
10 Provisions relating to members, procedures and committees and subcommittees
11 Functions of HPC
12 Annual report
13 4-yearly report
14 Use of facilities
Part 4—Health Advisory Councils
Division 1—Establishment of Councils
15 Establishment of Councils
16 Status
17 Constitution and rules
Division 2—Functions and powers
18 Functions
19 Specific provisions in relation to powers
Division 3—Related matters
20 Specific provisions in relation to property
21 Accounts and audit
22 Annual report
23 Use of facilities
24 Delegations
25 Access to information
26 Common seal
27 Schedule 2 has effect
28 Administration
Part 4A—Service agreements
28A Preliminary
28B Service agreement with Chief Executive
28C General provisions about service agreements
Part 5—Hospitals
Division 1—Incorporation
29 Incorporation
30 Hospital to serve the community
31 General powers of incorporated hospital
32 Common seal
Division 1A—Transfer of functions etc between incorporated hospitals
32A Transfer of functions etc between incorporated hospitals
Division 2—Management arrangements
33 Governance and management arrangements
33A Engagement strategies
33B Composition of governing boards for incorporated hospitals
33C Members of governing boards for incorporated hospitals to act in public interest
33D Disclosure of pecuniary or personal interest
33E Chief executive officer for incorporated hospital
33F Provisions relating to members, procedures, committees and subcommittees etc
Division 3—Employed staff
34 Employed staff
35 Superannuation and accrued rights etc
Division 4—Accounts, audits and reports
36 Accounts and audit
37 Annual report
Division 5—Sites, facilities and property
38 Ability to operate at various sites
39 Ability to provide a range of services and facilities
Division 6—Delegations
41 Delegations
Division 7—By-laws and removal of persons
42 By-laws
43 Removal of persons
Division 8—Fees
44 Fees
Division 9—Rights of hospitals against insurers
45 Interpretation
46 Report of accidents to which this Division applies
47 Notice by designated entity to insurer
48 First claim of designated entity
Division 10—Inspectors
48A Inspectors
Part 5A—Health access zones
48B Interpretation
48C Object and application of Part
48D Certain behaviour prohibited in health access zones
48E Police officer may direct person to leave health access zone
48F Offence to publish or distribute recording
Part 6—Ambulance services
Division 1—South Australian Ambulance Service (SAAS)
49 Continuation of SAAS
50 Management arrangements
51 Functions and powers of SAAS
52 Employed staff
52A SAAS workforce culture and staff wellbeing
53 Accrued rights for employees
54 Delegation
55 Accounts and audit
56 Annual report
Division 2—Provision of ambulance services
57 Emergency ambulance services
58 Licence to provide non-emergency ambulance services
Division 3—Miscellaneous
59 Fees
60 Holding out etc
61 Power to use force to enter premises
62 Exemptions
Part 7—Quality improvement and research
63 Preliminary
64 Declaration of authorised activities and authorised persons
65 Provision of information
66 Protection of information
67 Protection from liability
Part 8—Analysis of adverse incidents
68 Preliminary
69 Appointment of teams
70 Restrictions on teams
71 Provision of information
72 Reports
73 Protection of information
74 Immunity provision
75 Victimisation
Part 9—Testamentary gifts and trusts
76 Interpretation
77 Application of Part
78 Testamentary gifts and trusts
Part 10—Private hospitals
79 Prohibition of operating private hospitals unless licensed
80 Application for licence
81 Grant of licence
82 Conditions of licence
83 Offence for licence holder to contravene Act or licence condition
84 Duration of licences
85 Transfer of licence
86 Surrender, suspension and cancellation of licences
87 Review of decision or order of Minister
88 Inspectors
Part 10A—Private day procedure centres
89 Preliminary
89A Standards of construction, facilities and equipment
89B Prohibition on providing prescribed health services unless licensed
89C Private day procedure centre licence
89D Conditions of licence
89E Offence for licence holder to contravene Act or licence condition
89F Duration of licences
89G Transfer of licence
89H Surrender, suspension and cancellation of licences
89I Review of decision or order of Minister
89J Inspectors
89K Vicarious liability
Part 11—Miscellaneous
89L Other staffing arrangements
90 Recognised organisations
90A Acquisition of property
91 Duty of Registrar-General
92 Conflict of interest
93 Confidentiality
95 General defence
96 Evidentiary provision
97 Administrative acts
98 Forms of Ministerial approvals
99 Gift funds established by Minister
99A Fees
100 Regulations
102 Review of Act
Schedule 1—Health Performance Council
1 Chairperson and Deputy Chairperson
2 Deputies
3 Term of office
4 Allowances
5 Vacancy in office of member
6 Procedures of HPC
7 Committees and subcommittees
Schedule 2—Health Advisory Councils
1 Term of office
2 Vacancy in office of member
3Application of Public Sector (Honesty and Accountability) Act
4 Presiding member
5 Procedures
6 Committees and subcommittees
7 Interpretation
Schedule 3—Governing boards for incorporated hospitals
1 Chairperson and Deputy Chairperson
2 Term of office
3 Remuneration
4 Removal from office
5 Vacancy in office of member
5A Requirement to publish
6 Validity of acts
7 Public meetings
8 Procedures
9 Committees and subcommittees
10 Appointment of advisers
11 Functions of advisers
12 Dismissal of governing board
13 Administrators
14 Use of facilities etc
Schedule 3A—Dissolution of Health Advisory Councils
1 Preliminary
2 Dissolution of Health Advisory Councils
3 HAC members
4 Property to be transferred
5 General provisions
Schedule 4—Transitional provisions
Part 20—Transitional provisions
34 Incorporated hospitals
35 Incorporated health centres
36 By-laws
37 Private hospitals
38 Disclosure of confidential information
39 SAAS
40 Licences—ambulances
41 Public and environmental health
42 Other provisions
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Health Care Act 2008.
3—Interpretation
In this Act, unless the contrary intention appears—
ambulance means a vehicle that is equipped to provide medical treatment or to monitor a person's health and that is staffed by persons who are trained to provide medical attention during transportation;
ambulance service means the service of transporting by the use of an ambulance a person to a hospital or other place to receive medical treatment or from a hospital or other place at which the person has received medical treatment;
Chief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position;
Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;
domestic partner—a person is a domestic partner of another if the person is a domestic partner of the other within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
emergency ambulance service means an ambulance service that—
(a)responds to requests for medical assistance (whether made by 000 emergency telephone calls or other means) for persons who may have injuries or illnesses requiring immediate medical attention in order to maintain life or to alleviate suffering; and
(b)is set up to provide medical attention to save or maintain a person's life or alleviate suffering while transporting the person to a hospital;
employing authority means—
(a)subject to paragraph (b), the Chief Executive; or
(b)if the Governor thinks fit, a person, or a person holding or acting in an office or position, designated by proclamation made for the purposes of this definition;
governing board—see section 33;
HAC means a Health Advisory Council established under Part 4;
health service means—
(a)a service associated with:
(i)the promotion of health and well‑being; or
(ii)the prevention of disease, illness or injury; or
(iii)intervention to address or manage disease, illness or injury; or
(iv)the management or treatment of disease, illness or injury; or
(v)rehabilitation or on‑going care for persons who have suffered a disease, illness or injury; or
(b)a paramedical or ambulance service; or
(c)a residential aged care service; or
(ca)a research, pathology or diagnostic service associated with veterinary science; or
(d)a service brought within the ambit of this definition by the regulations,
but does not include a service excluded from the ambit of this definition by the regulations;
HPC means the Health Performance Council established under Part 3;
hospital means, according to the context—
(a)an entity (whether corporate or unincorporated and including a partnership or other structure) by which health services are provided, being health services that include services provided to persons on a live-in basis;
(b)a site at which activities of an incorporated hospital are undertaken;
hospital bed means the bed and associated facilities provided by a hospital for the provision of health services to a patient on a live-in basis;
incorporated hospital means a hospital incorporated under this Act;
liability includes contingent liability;
medical treatment includes all medical or surgical advice, attendances, services, procedures and operations;
non-emergency ambulance service means an ambulance service other than an emergency ambulance service;
private day procedure centre means premises in respect of which a day procedure centre licence is in force under Part 10A;
private day procedure centre licence—see section 89C;
private hospital means a hospital other than an incorporated hospital;
relative—a person is a relative of another if the person is a spouse, domestic partner or parent of the other of or over 18 years of age and a brother, sister, son or daughter of the other;
relevant interest has the same meaning as in the Corporations Law;
repealed Act means the South Australian Health Commission Act 1976;
restricted ambulance service licence means a licence under Part 6 Division 2 authorising the provision of non‑emergency ambulance services;
right includes a right of action;
SAAS means the SA Ambulance Service Inc;
spouse—a person is a spouse of another if they are legally married;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
vehicle includes an aircraft or a boat.
The Governor may, for the purposes of the definition of employing authority—
(a)designate different persons as employing authorities with respect to different classes of employees (or potential employees);
(b)in making a designation under paragraph (a), include the Chief Executive;
(c)from time to time as the Governor thinks fit, vary or revoke a proclamation, or make a new proclamation for the purposes of the definition.
4—Objects of Act
The objects of the Act are—
(a)to enable the provision of an integrated health system that provides optimal health outcomes for South Australians; and
(b)to facilitate the provision of safe, high‑quality health services that are focussed on the prevention and proper management of disease, illness and injury and to facilitate efficiencies through the use of certain facilities for veterinary science; and
(c)to facilitate a scheme for health services to meet recognised standards; and
(d)to facilitate the efficient and effective governance and oversight of incorporated hospitals through the establishment of governing boards.
5—Principles
The following principles are to be applied in connection with the operation and administration of this Act:
(a)the protection of the public and the interests of people in need of care related to their health should be the highest priorities in the provision of health services;
(b)Aboriginal people and Torres Strait Islanders should be recognised as having a special heritage and the health system should, in interacting with Aboriginal people and Torres Strait Islanders, support values that respect their historical and contemporary cultures;
(c)the planning and provision of health services should take into account the situation and needs of people who live or work in the country or regional areas of the State, including through the support of health professionals who provide services in those areas;
(d)support should be given to encouraging responsibility at community and individual levels for the promotion and development of healthy communities and individuals, and to ensure that people are able to make informed decisions about their health;
(e)health services or programs should be accessible on a State‑wide or community basis;
(f)health services should be provided as part of an integrated system—
(i)that includes all aspects of health promotion and disease, illness and injury prevention so as to maximise community health and well‑being; and
(ii)that supports services or programs designed to promote early intervention in detecting and responding to disease, illness or injury; and
(iii)that provides for the effective and safe management and treatment of disease, illness or injury, including through self‑management of chronic or other diseases; and
(iv)that supports improved health outcomes for communities with particular health needs; and
(iva)that is inclusive of primary health care networks, Aboriginal and Torres Strait Islander health services and public health services provided in local government, aged care and disability sectors; and
(v)that promotes a whole of Government approach to advance and improve health status within the community; and
(vi)that seeks to reduce in‑patient hospitalisation and dependence on emergency and out‑patient services within hospitals; and
(vii)that promotes the efficient and economic provision of services; and
(viii)that achieves an effective balance between local decision-making in relation to incorporated hospitals and health system planning, integration and management;
(g)health services should meet the highest levels of quality and safety;
(h)service providers should seek to engage with the community in the planning and provision of health services, including through the encouragement or involvement of volunteers;
(i)recognition should be given to the fact that there is a significant public benefit in having a single emergency ambulance service that provides an efficient use of assets, a highly-responsive service, and high levels of integration with other health services provided within the public health system.
Part 2—Minister and Chief Executive
6—Minister
The Minister's functions in connection with the operation of this Act include the following (to be performed to such extent as the Minister considers appropriate):
(a)to ascertain the requirements of the community, or sections of the community, in the field of health and health services and to determine how those requirements should be met to the best advantage of the community;
(b)to plan, implement or support the provision of a system of health services that is comprehensive, co‑ordinated and readily accessible to the public;
(c)to establish health services within the community;
(d)to act to ensure that hospitals established under this Act, or that hospitals or other health services established, maintained or operated by or with the assistance of the Government of the State, are operated in an efficient and economical manner;
(e)to ensure the proper allocation of resources across health services established under this Act;
(f)to ensure that emergency ambulance services are provided in an efficient and effective manner through SAAS;
(g)to promote or support—
(i)research in the field of health and health services, including through the provision of facilities or other forms of support to a university or other institution, authority or person considered to be appropriate by the Minister; and
(ii)the collection of data, statistics and other information in relation to health and health services; and
(iii)the provision of education, instruction or training in professional or other fields associated with health and the provision of health services;
(h)to promote and encourage the participation of volunteers in the provision of health services;
(i)to disseminate information and knowledge for the benefit of the health of the public;
(j)to establish mechanisms to keep the policies and standards of health and health services developed by the Department under evaluation and review;
(k)to promote a positive relationship between the public, private and other health sectors;
(ka)to provide and maintain such services or facilities as another Minister may request in connection with the field of veterinary science;
(l)such other functions assigned to the Minister by or under this or any other Act, or considered by the Minister to be relevant to the operation of this or any other relevant Act.
The Minister has the power to do anything necessary, expedient or incidental to—
(a)performing the functions of the Minister under this Act; or
(b)administering this Act; or
(c)furthering the objects of this Act.
The Minister cannot give a direction concerning the clinical treatment of a particular person.
7—Chief Executive
The Chief Executive's functions in connection with the operation of this Act include the following:
(a)to assist the Minister in connection with the administration of this Act and to exercise statutory powers conferred by this Act;
(b)to assist and advise the Minister in relation to—
(i)the provision of health services within the State; and
(ii)the protection or promotion of public health within the State;
(c)to assist and advise the Minister in the development and implementation of planning for the health system statewide;
(d)to provide strategic leadership and direction for the provision of public health services in the State;
(e)to promote the effective and efficient use of available resources in the provision of public health services in the State;
(f)to engage with consumer representatives and other interested parties in the development of health care policy, planning and service delivery;
(g)to contribute to and implement statewide service plans that apply to incorporated hospitals and SAAS;
(h)to undertake workforce planning for the health system statewide;
(i)to ensure that a highly trained workforce is valued within the health system;
(j)to oversee, monitor and promote improvements in the safety and quality of health services provided by incorporated hospitals and SAAS;
(k)to develop and issue policies and directives to apply to the Department, incorporated hospitals and SAAS;
(l)to develop and issue policies on workforce harassment and bullying;
(m)to monitor the performance of incorporated hospitals and SAAS, and to take remedial action if agreed performance measures and operational targets are not met;
(n)to receive and evaluate performance data and other data provided by incorporated hospitals and SAAS;
(o)at the request of the Minister, to provide advice on any other matter in relation to which the Minister considers that the advice of the Chief Executive should be available;
(p)to facilitate the provision of laboratory, research or other similar facilities, including on account of a request by a Minister under section 6(1)(ka);
(q)such other functions assigned to the Chief Executive by or under this or any other Act, or assigned to the Chief Executive by the Minister in connection with the operation of this or any other Act.
(1a)The Chief Executive may issue policies and directives that are to be complied with by the Department, incorporated hospitals and SAAS.
The Chief Executive has the power to do anything necessary, expedient or incidental to performing the functions of the Chief Executive.
Subject to this Act, the Chief Executive is, in the performance and exercise of the Chief Executive's functions and powers, subject to the control and direction of the Minister.
The Chief Executive cannot give a direction concerning the clinical treatment of a particular person.
8—Delegations
The Minister may delegate a function or power conferred on the Minister under this Act—
(a)to a specified person or body; or
(b)to a person occupying or acting in a specified office or position.
The Chief Executive may delegate a function or power conferred on the Chief Executive under this Act—
(a)to a specified person or body; or
(b)to a person occupying or acting in a specified office or position.
A delegation—
(a)may be made subject to conditions or limitations specified in the instrument of delegation; and
(b)if the instrument of delegation so provides, may be further delegated by the delegate; and
(c)is revocable at will and does not prevent the delegator from acting personally in a matter.
Part 3—Health Performance Council
9—Establishment of Health Performance Council
The Health Performance Council (HPC) is established.
HPC is to consist of up to 15 persons appointed by the Governor on the recommendation of the Minister who together, in the opinion of the Minister—
(a)have a high level of knowledge of, and expertise in, the provision of health care or the administration of health services; and
(b)are able to represent the diversities of South Australia's communities; and
(c)have such experience, skills and qualifications to enable HPC to carry out its functions effectively.
The Minister must consult with prescribed bodies, in accordance with the regulations, before making a recommendation under subsection (2).
The Minister must ensure, as far as practicable, that the persons appointed under subsection (2) consist of equal numbers of women and men.
An act or proceeding of HPC is not invalid by reason only of a vacancy in its membership or a defect or irregularity in, or in connection with, the appointment of a member.
10—Provisions relating to members, procedures and committees and subcommittees
Schedule 1 has effect with respect to HPC.
11—Functions of HPC
The functions of HPC are—
(a)to provide advice to the Minister about—
(i)the operation of the health system; and
(ii)health outcomes for South Australians and, as appropriate, for particular population groups; and
(iii)the effectiveness of methods used within the health system to engage communities and individuals in improving their health outcomes; and
(b)to provide reports to the Minister in accordance with the requirements of this Act; and
(c)to provide advice to the Minister about any matter referred to it by the Minister or any matter it sees fit to advise the Minister about in connection with its responsibilities under this Act; and
(d)such other functions assigned to HPC under this or any other Act, or assigned to HPC by the Minister.
HPC should, in the performance of its functions, seek to obtain, to such extent as is reasonable and relevant in the circumstances, the views of—
(a)Health Advisory Councils; and
(ab)governing boards of incorporated hospitals; and
(b)advisory committees established by the Minister to assist HPC in the performance of its functions.
HPC must, in the performance of its functions, take into account the strategic objectives that have been set or adopted within the Government's health portfolios.
Without limiting subsection (3), HPC must, in providing any advice with respect to the provision of any health services (including proposed services), take into account—
(a)the net benefit provided by the services, the cost effectiveness of services, and available resources; and
(b)the net impact that the adoption of the advice would have on other services, or on the community more generally; and
(c)the value placed on any relevant services by members of the public who use those services.
The Minister must establish arrangements to meet with HPC on a regular basis.
HPC cannot, in the performance of its functions, give directions to the Chief Executive, the Department, the governing board for an incorporated hospital, a hospital or a HAC.
HPC may request the Chief Executive to provide it with specified information in order to assist it in the performance of its functions.
The Chief Executive may impose conditions that HPC must observe in relation to the receipt, use or disclosure of information provided under subsection (7).
12—Annual report
HPC must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of HPC during that financial year.
The Minister must, within 12 sitting days after the receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament.
13—4-yearly report
HPC must, on a 4‑yearly basis, furnish to the Minister a report that assesses the health of South Australians and changes in health outcomes over the reporting period.
The report must—
(a)identify significant trends in the health status of South Australians and consider future priorities for the health system having regard to trends in health outcomes, including trends that relate to particular illnesses or population groups; and
(b)review the performance of the various health systems established within the State in achieving the objects of this Act; and
(c)identify any other significant issues considered relevant by HPC; and
(d)conform with any requirements of the Minister as to the form of the report and other matters to be addressed by the report.
The Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament.
The Minister must, within 6 months after receipt of a report under this section, cause a formal response to the report to be laid before both Houses of Parliament.
The first report under this section must be completed by a day to be fixed by the regulations.
14—Use of facilities
HPC may, with the approval of the responsible Minister or, if relevant, a responsible public sector instrumentality, make use of the staff, services or facilities of an administrative unit or another public sector instrumentality.
Part 4—Health Advisory Councils
Division 1—Establishment of Councils
15—Establishment of Councils
The Minister may, by notice in the Gazette, establish a Health Advisory Council (a HAC) to undertake an advocacy role on behalf of the community, to provide advice, and to perform other functions, as determined under this Act, in relation to any of the following:
(a)the Minister;
(b)the Chief Executive;
(c)an incorporated hospital;
(d)SAAS;
(e)any other body involved in the delivery of health services in connection with this Act.
Without limiting subsection (1), the Minister may establish and maintain a HAC, constituted by persons who have experience in providing ambulance services as volunteers, with functions that include to provide advice to SAAS in the performance of its functions.
The notice published under subsection (1) may—
(a)designate the entity or entities in relation to which the HAC is established; and
(b)make provision with respect to the functions of the HAC; and
(c)declare whether the HAC is to be an incorporated or unincorporated body and assign a name to the HAC (which must, if the HAC is to be incorporated, end with the abbreviation "Inc"); and
(d)make provision with respect to the powers of the HAC; and
(e)make such other provision as the Minister thinks fit (including by relating the functions of the HAC to a designated area of the State).
The Minister may, by subsequent notice in the Gazette—
(a)vary a notice under this section;
(b)amalgamate 2 or more HACs;
(c)dissolve a HAC.
However, the Minister—
(a)must consult with the members of the relevant HAC or HACs in the manner prescribed by the regulations before acting under subsection (4); and
(b)must not act under subsection (4)(b) or (c) unless—
(i)the Minister is satisfied that there has been a reasonable level of consultation within the community; and
(ii)the Minister is satisfied that it is appropriate to do so on a ground prescribed by the regulations.
If 2 or more HACs are amalgamated under subsection (4)(b), the Minister may—
(a)exercise any power under a preceding subsection in relation to the HAC established by the amalgamation (including by declaring whether the HAC is to be an incorporated or unincorporated body); and
(b)dissolve the HACs that were the separate entities before the amalgamation.
If 2 or more HACs are amalgamated under subsection (4)(b), the assets, rights and liabilities of the HACs that were the separate entities before the amalgamation vest in or attach to the HAC formed by the amalgamation by operation of this subsection (unless a contrary provision is relevant under subsection (8)).
A reference in a testamentary disposition or other instrument to a HAC that is a party to an amalgamation under subsection (4)(b) will be taken to be (subject to any provision of the testamentary disposition or other instrument to the contrary) a reference to the HAC formed by the amalgamation.
If a HAC is dissolved under subsection (4)(c), the Minister may, as the Minister thinks necessary or appropriate, exercise a power under section 20 (subject to complying with the requirements of that section).
The Minister may, by notice in the Gazette, make other provisions that in the opinion of the Minister are necessary or expedient in connection with taking action under subsection (4).
To avoid doubt, the Minister may establish more than 1 HAC in relation to a particular entity under subsection (1).
16—Status
If a HAC is to be an incorporated body by virtue of a declaration of the Minister—
(a)the HAC is, by force of this section, a body corporate with perpetual succession and a common seal; and
(b)subject to the provisions of this Act and its constitution, the HAC—
(i)is capable of holding, acquiring, dealing with, and disposing of, real and personal property (including the power to enter into leases); and
(ii)is capable of acquiring or incurring other assets, rights or liabilities; and
(iii)is capable of entering into contracts; and
(iv)is capable of suing and being sued; and
(v)is capable of administering any property on trust or accepting gifts (and, if any gift is affected by a trust, is empowered to carry out the terms of the trust); and
(vi)has the rights, powers, authorities, functions, duties and obligations prescribed by or under this Act or its constitution.
If a HAC is not to be a body corporate by virtue of a declaration of the Minister, the HAC has the rights, powers, authorities, functions, duties and obligations prescribed by or under this Act or its rules.
A HAC is an instrumentality of the Crown.
Subject to subsection (5), a HAC holds its property on behalf of the Crown.
(5)Subsection (4) does not apply to the extent that a HAC holds any property on trust.
Without limiting subsection (5), in the event of an inconsistency between the operation or effect of a provision under this Part and the duties or responsibilities of a HAC as a trustee, the provisions of this Part will not apply to the extent of the inconsistency.
Subject to any provision made in its constitution or rules, a HAC may exercise its powers within or outside the State.
17—Constitution and rules
A HAC that is incorporated under this Act will have a constitution determined by the Minister.
A constitution—
(a)must address the appointment of persons as the members of the governing body of the HAC (including by determining the number of members) and, in respect of those members—
(i)the method by which they may be appointed, and their terms of office; and
(ii)the conditions of appointment, or a method by which those conditions will be determined; and
(b)may provide for the appointment of deputies of members of the governing body of the HAC; and
(c)must specify the functions of the HAC and may, in doing so, provide for functions of the HAC that are in addition to those specified under Division 2, or limit or regulate the functions or powers of the HAC under this Act; and
(d)may make any other provision that, in the opinion of the Minister, is necessary or expedient in connection with the functions, powers or activities of the HAC.
A HAC that is not incorporated under this Act will have rules determined by the Minister.
A set of rules—
(a)must address the appointment of persons as members of the HAC (including by determining the number of members) and, in respect of those members—
(i)the method by which they may be appointed, and their terms of office; and
(ii)the conditions of appointment, or a method by which those conditions will be determined; and
(b)may provide for the appointment of deputies of members of the HAC; and
(c)must specify the functions of the HAC and may, in doing so, provide for functions of the HAC that are in addition to those specified under Division 2, or limit or regulate the functions or powers of the HAC under this Act; and
(d)may make any other provision that, in the opinion of the Minister, is necessary or expedient in relation to the functions, powers or activities of the HAC.
If a HAC is established in relation to an incorporated hospital established to provide services within the country areas of the State, the constitution or rules of the HAC (as the case may be) must provide that a majority of members of the governing body of the HAC (in the case of an incorporated HAC) or a majority of members of the HAC (in the case of a HAC that is not incorporated) are persons who are selected or appointed on the basis of being members of the local community.
The Minister may publish a constitution or set of rules in such manner as the Minister thinks fit.
The Minister may, as the Minister thinks fit, vary a constitution or set of rules from time to time.
For the purposes of facilitating the operation of this section, the Minister must develop a model constitution and a model set of rules (and may then vary or replace any such model from time to time).
The Minister must, in varying or replacing a model, undertake the consultation required by the regulations.
To avoid doubt, the Minister may depart from a model in a particular case.
Division 2—Functions and powers
18—Functions
The functions of a HAC may include 1 or more of the following:
(a)to act as an advocate to promote the interests of the community, or a section of the community;
(b)to provide advice about any relevant aspect of the provision of health services from the perspective of consumers of those services, any carers or volunteers or the community more generally;
(c)to provide advice about relevant health issues, goals, priorities, plans, and other strategic initiatives;
(d)to provide advice or assistance in undertaking the development or implementation of systems or mechanisms designed to support the delivery of health services or programs;
(e)to provide information to, and to consult broadly with, the consumers of any relevant services, any relevant carers or volunteers, and the community more generally;
(f)to encourage community participation in programs associated with supporting the provision of health services, and to promote the importance of carers and volunteers in assisting in achieving successful outcomes;
(g)to consult with other bodies that are interested in the provision of health services within the community;
(h)to provide advice to the Minister about any matter referred to it by the Minister or the Chief Executive;
(ha)to provide advice to the governing board for an incorporated hospital about any matter referred to it by the board;
(i)to participate in the consultation or assessment processes associated with the selection of senior staff of a relevant entity;
(j)in the case of a HAC that is incorporated—
(i)to act as a trustee or to assume other fiduciary functions or duties;
(ii)to participate in budget discussions and financial management or development processes;
(iii)to undertake fund‑raising activities;
(k)in the case of a HAC that is not incorporated—
(i)to provide advice in relation to the management of resources available for relevant health services;
(ii)to provide assistance with fund‑raising activities in accordance with its rules;
(l)such other functions—
(i)assigned to the HAC under this or any other Act; or
(ii)assigned to the HAC by the Minister; or
(iii)adopted by the HAC with the approval of the Minister.
Subject to this Act, a HAC must, in the performance of its functions, take into account the strategic objectives (including any health care plan or plans) that have been set or adopted within the Government's health portfolios.
A HAC that is incorporated under this Act must, with respect to an entity in relation to which it is established—
(a)support and foster the activities and objects of the entity; and
(b)subject to this Act, hold its assets for the benefit, purposes and use of the entity on terms or conditions determined or approved by the Minister.
19—Specific provisions in relation to powers
Subject to this Act, a HAC has the power to do anything necessary, expedient or incidental to performing its functions.
Without limiting subsection (1), a HAC that is incorporated under this Act may establish any fund (including a gift fund) or account.
A HAC must not do any of the following without the approval of the Minister:
(a)acquire or dispose of real property, or an interest in real property;
(b)borrow money or grant a mortgage or create any other form of charge over its property;
(c)grant a lease over any real property;
(d)enter into any form of guarantee or grant any indemnity;
(e)engage a person under a contract for the provision of services;
(f)anything else identified under the constitution or rules of the HAC as being within the operation of this subsection.
The Minister may, in granting an approval under subsection (3), impose such conditions as the Minister thinks fit.
(5)Subsection (3) does not apply in any circumstances excluded from the operation of that subsection—
(a)by the regulations; or
(b)by the constitution or rules of the HAC.
A HAC does not have the power to employ any person.
Division 3—Related matters
20—Specific provisions in relation to property
Subject to this section, the Minister may, by notice in the Gazette—
(a)transfer the assets, rights and liabilities of a HAC (either as a whole or in separate parcels specified in the notice)—
(i)to a Minister; or
(ii)to another HAC; or
(iii)to an incorporated hospital; or
(iv)to SAAS; or
(v)to the Crown, or to another agent or instrumentality of the Crown; or
(vi)with the agreement of the person or body—to a person or body that is not an agent or instrumentality of the Crown; and
(b)make other provisions in relation to the property of the HAC that in the opinion of the Minister are necessary or expedient in the circumstances.
The Minister may, by notice in the Gazette, transfer to and vest in a HAC any assets, rights or liabilities of another entity.
The Minister—
(a)must not act under subsection (1) to transfer any assets or rights of a HAC unless the Minister is acting at the request of the HAC, or the Minister has taken reasonable steps to consult with the HAC; and
(b)must not act under subsection (2) unless the Minister is acting at the request of the other entity.
(4)Subsection (1) does not apply to any property that a HAC holds on trust to the extent that a transfer under that subsection would be inconsistent with the terms or conditions of the trust.
In addition, if the Minister is proposing to transfer any real property of a HAC that has been used for the purposes of an incorporated hospital (other than at the request of the HAC) and the Minister has not obtained the concurrence of the HAC under subsection (3)(a)—
(a)the matter must be referred to an independent person for mediation in accordance with guidelines established by the Minister for the purposes of this provision (with the Minister being represented in those proceedings by a person nominated by the Minister); and
(b)if the concurrence of the HAC is not obtained through mediation under paragraph (a), the Minister may only proceed to make the transfer under subsection (1) if—
(i)the transfer is to another HAC; and
(ii)the Minister has given public notice of the proposed transfer by notice published in the Gazette at least 2 months before making the transfer.
A notice published in the Gazette under subsection (5)(b)(ii) must set out the reasons for the Minister's decision to proceed.
21—Accounts and audit
A HAC must cause proper accounts to be kept of its financial affairs and financial statements to be prepared in respect of each financial year (unless the HAC did not deal with any money or property or otherwise undertake any financial activity in the financial year).
The accounts and financial statements required under subsection (1) must comply with any requirements issued by the Minister.
The accounts and financial statements of a HAC incorporated under this Act, other than a prescribed HAC, must be audited at least once in every year by an auditor approved by the Auditor‑General.
The accounts and financial statements of a prescribed HAC incorporated under this Act must be audited at least once in every year by the Auditor‑General.
22—Annual report
A HAC must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of the HAC during that financial year.
The report must incorporate the audited accounts and financial statements of the HAC for the financial year (if relevant).
The Minister must, within 12 sitting days after the receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament.
This section only applies to a HAC that is not incorporated under this Act if the rules of the HAC declare that this section will apply to the HAC.
23—Use of facilities
A HAC may, with the approval of the responsible Minister or, if relevant, a responsible public sector instrumentality, make use of the staff, services or facilities of an administrative unit or another public sector instrumentality.
24—Delegations
Subject to subsection (2), a HAC may delegate a function or power conferred on the HAC—
(a)to a specified person or body; or
(b)to a person occupying or acting in a specified office or position.
A delegation—
(a)may not be made if contrary to any limitation or exclusion imposed by the Minister by notice in writing furnished to the HAC; and
(b)subject to paragraph (a)—
(i)may be made subject to conditions or limitations specified in the instrument of delegation; and
(ii)if the instrument of delegation so provides, may be further delegated by the delegate; and
(iii)is revocable at will and does not prevent the HAC from acting in a matter.
25—Access to information
A HAC is entitled to request such information as it considers to be necessary or expedient to assist it in the performance of its functions.
(2)Subsection (1) does not extend to information excluded from the operation of that subsection—
(a)by the regulations; or
(b)by the Chief Executive.
The Chief Executive may impose conditions that a HAC must observe in relation to the receipt, use or disclosure of information provided under subsection (1).
26—Common seal
Where an apparently genuine document purports to bear the common seal of a HAC incorporated under this Act, it will be presumed, in the absence of proof to the contrary, that the common seal of that HAC was duly fixed to that document.
27—Schedule 2 has effect
Schedule 2 has effect with respect to a HAC.
28—Administration
The Minister may, if satisfied that it is appropriate to do so on a ground prescribed by the regulations, by notice in the Gazette, remove all members of a HAC from office and—
(a)appoint new members; or
(b)appoint a person as administrator until new members are appointed.
A person will be appointed under subsection (1)(b) on conditions determined by the Minister.
A person appointed under subsection (1)(b)—
(a)will be able to act in the management or affairs of the HAC (so that an act done or a decision made by the person as administrator is an act or decision of the HAC); and
(b)will have all the powers conferred on the members of the HAC (including as its governing body) by the constitution or rules of the HAC.
The Minister may appoint new members under subsection (1)(a) or (b) if or when the Minister thinks fit but in any event must appoint new members within 12 months after the removal of the previous members under subsection (1).
Part 4A—Service agreements
28A—Preliminary
In this Part—
health service provider means a party to a service agreement (other than the Chief Executive);
service agreement—see section 28B(1).
28B—Service agreement with Chief Executive
The Chief Executive must enter into an agreement (a service agreement) relating to the provision of health services with the following:
(a)each incorporated hospital;
(b)SAAS.
A service agreement must specify—
(a)the health services to be provided to the State by the health service provider, including particulars relating to the volume, scope and standard of services; and
(b)the teaching, training and research to be provided in support of the provision of health services; and
(c)the funding to be provided to the health service provider for the provision of the services, including the way in which the funding is to be provided; and
(d)that each health service provider must operate programs that promote the provision of health care for Aboriginal and Torres Strait Islander people; and
(e)the performance measures and operational targets for the provision of the services by the health service provider; and
(f)how the evaluation and review of results in relation to the performance measures and operational targets are to be carried out; and
(g)the performance data and other information to be provided by the health service provider to the Chief Executive, including how, and how often, the data is to be provided; and
(h)any other matter the Chief Executive considers relevant to the provision of the services by a health service provider; and
(i)any other matter prescribed by the regulations.
A service agreement may—
(a)deal with matters relating to funding provided by the Commonwealth (despite the fact that the Commonwealth is not a party to the agreement); and
(b)state the circumstances in which the health service provider (the first provider) may agree with another health service provider to provide services for the first provider.
Negotiations relating to a service agreement must be conducted in accordance with a policy established by the Chief Executive and any requirements prescribed by the regulations.
A service agreement entered into under subsection (1) is binding on the Chief Executive and the relevant incorporated hospital or SAAS.
28C—General provisions about service agreements
A service agreement has effect for the term specified in the agreement.
A service agreement is entered into by an incorporated hospital by the chief executive officer of the incorporated hospital signing the service agreement with the approval of the governing board for the incorporated hospital.
A service agreement is entered into by SAAS by the chief executive officer of SAAS signing the service agreement.
A service agreement may be varied by agreement between the parties, provided that a party that seeks to vary a service agreement gives the other party 14 days notice of the proposed variation.
If the parties entering into or proposing to vary a service agreement cannot agree on a term or variation of the agreement, the Minister may make a decision about the term or proposed variation and must—
(a)advise the parties of the decision in writing; and
(b)cause a copy of the decision to be tabled in each House of Parliament within 7 sitting days after the service agreement to which the decision relates is entered into or varied.
A term or variation decided under subsection (5) will be taken to be a term or variation of a service agreement.
The Chief Executive must, within 14 days after a service agreement is entered into or varied, publish the service agreement, or the agreement as varied, in a way that allows the agreement to be accessed by members of the public (including, for example, on the Internet).
Part 5—Hospitals
Division 1—Incorporation
29—Incorporation
The Governor may, by proclamation—
(a)establish an incorporated hospital to provide services and facilities under this Act and assign a name to the incorporated hospital;
(b)transfer the whole or part of the undertaking of a specified person or body to an incorporated hospital.
A proclamation under subsection (1) that provides for an incorporated hospital to take over from any other body the function of providing health services provided by that other body may provide that any incorporation of that other body is dissolved, and the proclamation will have effect according to its terms.
If the incorporation of a body is dissolved by a proclamation, the real and personal property and rights and liabilities of that body are, according to the terms of a proclamation, transferred to and vested in 1 or more incorporated hospitals specified by proclamation.
An incorporated hospital may not take over functions from another body under subsection (1) unless agreement has been reached between the Minister and the other body on the transfer of functions.
The Governor may, by proclamation—
(a)alter the name of an incorporated hospital;
(b)dissolve an incorporated hospital.
The Governor may, by a proclamation under subsection (5)(b) or by a separate proclamation—
(a)transfer the assets, rights and liabilities of an incorporated hospital dissolved under this section (either as a whole or in separate parcels specified by proclamation)—
(i)to a Minister; or
(ii)to another incorporated hospital; or
(iii)to the Crown, or to another agent or instrumentality of the Crown; or
(iv)with the agreement of the person or body—to a person or body that is not an agent or instrumentality of the Crown; and
(b)make other provisions that in the opinion of the Governor are necessary or expedient in connection with the dissolution of an incorporated hospital under this section.
30—Hospital to serve the community
An incorporated hospital must be administered and managed on the basis that its services will address the health needs of the community but may, in so doing, focus on 1 or more areas or sections of the community if so determined by the Minister, the Chief Executive or the governing board for the hospital.
Note—
It is recognised that some groups within the community should be able to access special or enhanced health services due to their special needs. Examples of these groups include veterans, Aboriginal people and Torres Strait Islanders.
31—General powers of incorporated hospital
An incorporated hospital is a body corporate with perpetual succession and a common seal and, subject to any determination of the Minister—
(a)is capable of holding, acquiring, dealing with, and disposing of, real and personal property (including the power to enter into a lease); and
(b)is capable of acquiring or incurring other assets, rights or liabilities; and
(c)is capable of entering into contracts; and
(d)is capable of suing and being sued; and
(e)is able to promote the formation of a company under the Corporations Act 2001 of the Commonwealth and to hold shares or other interests in any body corporate; and
(f)is capable of administering any property on trust or accepting gifts (and, if any gift is affected by a trust, is empowered to carry out the terms of the trust); and
(g)has the functions, rights, powers, authorities, duties and obligations conferred, imposed or prescribed under this or any other Act (and including such powers necessary or expedient for, or incidental to, the performance of any function).
(1a)Without limiting subsection (1), an incorporated hospital may undertake the following functions:
(a)to undertake or facilitate—
(i)the commercial exploitation of knowledge arising from its activities; or
(ii)the commercial development of its services, functions or expertise;
(b)to produce and sell instruments or other equipment for use in—
(i)the provision of medical services, including medical diagnostic services; or
(ii)the teaching of medical science; or
(iii)scientific research;
(c)to provide consultancy services;
(d)to provide and maintain a drug and alcohol testing service for such persons as the hospital thinks fit;
(e)to conduct a testing service for the purpose of determining parentage or other human genetic relationships;
(f)to provide and maintain such services or facilities as a Minister may require in relation to—
(i)veterinary laboratory services, or services to veterinary surgeons in private practice, or other veterinary services provided by a public sector agency within the meaning of the Public Sector Act 2009; or
(ii)research in the field of veterinary science;
(g)to conduct such other activities considered appropriate by the Minister that can be efficiently or effectively managed through the use of hospital facilities and resources.
An incorporated hospital may hold a licence or any other form of authority or accreditation (including a licence, authority or accreditation issued under a law of the Commonwealth or of another State or a Territory).
An incorporated hospital is an instrumentality of the Crown.
Subject to subsection (5), an incorporated hospital holds its property on behalf of the Crown.
(5)Subsection (4) does not apply to the extent that an incorporated hospital holds any property on trust.
Without limiting subsection (5), in the event of an inconsistency between the operation or effect of a provision under this Part and the duties or responsibilities of an incorporated hospital as a trustee, the provisions of this Part will not apply in a particular case to the extent of the inconsistency.
Without limiting any other provision, an incorporated hospital may establish any fund (including a gift fund) or account.
An incorporated hospital may exercise its powers within or outside the State.
An incorporated hospital may not exercise its power under subsection (1)(e) without the approval of the Governor.
32—Common seal
Where an apparently genuine document purports to bear the common seal of an incorporated hospital, it will be presumed, in the absence of proof to the contrary, that the common seal of that hospital was duly affixed to that document.
Division 1A—Transfer of functions etc between incorporated hospitals
32A—Transfer of functions etc between incorporated hospitals
The Governor may, by proclamation—
(a)transfer all or some of the functions of an incorporated hospital to another incorporated hospital;
(b)transfer the assets, rights and liabilities of an incorporated hospital to another incorporated hospital;
(c)make other provisions that in the opinion of the Governor are necessary or expedient in connection with a transfer under this section.
Division 2—Management arrangements
33—Governance and management arrangements
Each incorporated hospital is to be governed by a board (a governing board).
The functions of a governing board for an incorporated hospital include the following:
(a)to ensure effective clinical and corporate governance frameworks are established to support the maintenance and improvement of standards of patient care and services by the incorporated hospital and to approve those frameworks;
(b)to ensure—
(i)the operations of the incorporated hospital are carried out efficiently, effectively and economically; and
(ii)the incorporated hospital manages its budget so that performance targets are met; and
(iii)that hospital resources are applied equitably to meet the needs of the community served by the incorporated hospital;
(c)to ensure strategic plans to guide the delivery of services are developed for the incorporated hospital and to approve those plans;
(ca)to ensure that the incorporated hospital operates programs that promote preventative and primary health care, including the preventative and primary health care of Aboriginal and Torres Strait Islander people, within local communities;
(cb)to ensure that the incorporated hospital—
(i)promotes a healthy workforce culture for and among staff employed to work within the incorporated hospital; and
(ii)implements measures to provide for and promote the health, safety and wellbeing of those staff within the workplace (including the psychosocial health, safety and wellbeing of staff); and
(iii)implements policies issued by the Chief Executive on workforce health, safety and welfare (including policies on workforce harassment and bullying), so far as those policies apply to the incorporated hospital;
(d)to provide strategic oversight of and monitor the incorporated hospital's financial and operational performance;
(e)to prepare and keep under review strategies—
(i)for the provision of health services by the incorporated hospital; and
(ii)to promote consultation with health professionals working in the incorporated hospital; and
(iii)to promote consultation with health consumers and community members about the provision of health services by the incorporated hospital;
(f)to advise providers and consumers of health services, and other members of the community served by the incorporated hospital, as to the hospital's policies, plans and initiatives for the provision of health services;
(g)to manage performance against the performance measures in the service agreement between the incorporated hospital and the Chief Executive;
(h)to cooperate with other providers of health services, including providers of primary health care, in planning for, and providing, health services;
(i)to endorse the incorporated hospital's annual report;
(j)to liaise with the boards of other incorporated hospitals and the Chief Executive in relation to both local and statewide initiatives for the provision of health services.
A governing board is also to carry out other functions assigned to the board by or under this or any other Act, or by the Minister.
The governing board for an incorporated hospital—
(a)must comply with any directions of the Minister and any directions of the Chief Executive; and
(b)must comply with any policies of the Department specified by the Minister or the Chief Executive to apply to a governing board in the performance of its functions; and
(c)must not exercise a function in a way that is inconsistent with the exercise of a function by the Chief Executive (including a function that has been delegated to the Chief Executive).
An act done or decision made by the governing board for an incorporated hospital in the course of official functions and duties is an act or decision of the incorporated hospital.
33A—Engagement strategies
The governing board for an incorporated hospital must develop and publish the following strategies:
(a)a strategy to promote consultation with health professionals working in the incorporated hospital (a clinician engagement strategy);
(b)a strategy to promote consultation with health consumers and members of the community about the provision of health services by the incorporated hospital (a consumer and community engagement strategy).
The governing board must consult with the following persons in developing and reviewing the strategies:
(a)for the clinician engagement strategy—health professionals working in the incorporated hospital;
(b)for the consumer and community engagement strategy—health consumers and members of the community.
A strategy developed and published under this section must—
(a)satisfy any requirements prescribed by regulation for that strategy; and
(b)be published in a way that allows the strategy to be accessed by members of the public, including, for example, on the Internet.
(3a)The governing board for an incorporated hospital must complete a review of each strategy published under this section within 3 years after it is first published and thereafter within 3 years after each review.
(3b)If an amended strategy, or new strategy, is developed as a result of a review under subsection (3a), the governing board must publish the amended strategy, or new strategy, (as the case requires) in accordance with the requirements of this section.
The governing board and the incorporated hospital must give effect to the strategies developed and published under this section in performing functions under this Act.
33B—Composition of governing boards for incorporated hospitals
A governing board for an incorporated hospital consists of 6 or more members (but not more than 8) appointed by the Minister, being persons who collectively have, in the opinion of the Minister, knowledge, skills and experience necessary to enable the board to carry out its functions effectively.
As far as is practicable, the membership of a governing board for an incorporated hospital must comprise persons who between them have knowledge of, and experience and expertise in, the following fields:
(a)health management;
(b)clinical governance;
(c)commercial management;
(d)financial management;
(e)the practice of the law;
(f)the provision of health services;
(g)other knowledge, experience and expertise that, in the opinion of the Minister, will enable the effective performance of the board's functions.
At least 2 members of a governing board must be health professionals.
At least 1 member of a governing board must be a person who has expertise, knowledge or experience in relation to Aboriginal health.
A person is not eligible for appointment to the governing board for an incorporated hospital if—
(a)the person is employed or engaged to work at the incorporated hospital; or
(c)the person is an employee of the Department.
A governing board must, as far as practicable, be comprised of equal numbers of women and men.
On the office of a member of a governing board becoming vacant, a person may be appointed in accordance with this Act to the vacant office.
The Minister may appoint a suitable person to be the deputy of a member of a governing board during any period of absence of the member (and any reference to a member in this Act will be taken to include, unless the contrary intention appears, a reference to a deputy while acting as a member of the board).
In this section—
health professional means—
(a)an individual who holds, or has previously held, general registration in a health profession under the Health Practitioner Regulation National Law (South Australia); or
(b)an individual who practises, or has previously practised, a profession providing health services involving the provision of care or treatment to other persons (directly or indirectly).
33C—Members of governing boards for incorporated hospitals to act in public interest
A member of a governing board for an incorporated hospital is to act impartially and in the public interest in performing the member's duties.
33D—Disclosure of pecuniary or personal interest
A member of a governing board who has a pecuniary or personal interest in a matter being considered or about to be considered by the board must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.
Maximum penalty: $25 000.
A member of a committee who has a pecuniary or personal interest in a matter being considered or about to be considered by the committee must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a committee meeting.
Maximum penalty: $25 000.
A member of a governing board or a committee who has a pecuniary or personal interest in a matter being considered or about to be considered by the board or the committee—
(a)must not vote, whether at a meeting or otherwise, on the matter; and
(b)must not be present while the matter is being considered at the meeting.
(4)Subsection (3) does not apply if—
(a)a member of a governing board or committee has disclosed an interest in a matter under subsection (1) or (2); and
(b)the board or committee (as the case requires) has at any time passed a resolution that—
(i)specifies the member, the interest and the matter; and
(ii)states that the members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct and should not disqualify the member from considering or voting on the matter.
Despite a provision of Schedule 3, if a member of a governing board is disqualified under subsection (3) in relation to a matter, a quorum is present during the consideration of the matter if at least half the number of members who are entitled to vote on any motion that may be moved at the meeting in relation to the matter are present.
The Minister may by instrument in writing declare that subsection (3) or subsection (5), or both, do not apply in relation to a specified matter either generally or in voting on particular resolutions.
The Minister must cause a copy of a declaration under subsection (6) to be laid before both Houses of Parliament within 14 sitting days after the declaration is made.
Particulars of a disclosure made under subsection (1) or (2) at a meeting of a governing board or committee of a governing board must be recorded—
(a)in the minutes of the meeting; and
(b)in a register kept by the board which must be reasonably available for inspection by any person.
A reference in subsection (3) to a matter includes a reference to a proposed resolution under subsection (4) in respect of the matter, whether relating to that member or a different member.
(10)Subsection (2) applies to a person who is a member of a committee and also a member of a governing board even though the person has already disclosed the nature of the interest at a board meeting.
A contravention of this section does not invalidate any decision of the board.
Section 8 of the Public Sector (Honesty and Accountability) Act 1995 does not apply to a member of a governing board.
In this section—
committee means a committee or subcommittee established by a governing board under Schedule 3 clause 9.
33E—Chief executive officer for incorporated hospital
The governing board for an incorporated hospital may, after consultation with the Chief Executive, appoint—
(a)a specified person; or
(b)a person occupying a specified office or position,
as the chief executive officer of the incorporated hospital.
An appointment under subsection (1)—
(a)takes effect following confirmation of the appointment by the Chief Executive; and
(b)is revocable by the governing board at any time, subject to the confirmation of the Chief Executive.
The chief executive officer of an incorporated hospital is responsible for managing the operations and affairs of the hospital and is accountable to, and subject to the direction of, the governing board for the hospital in undertaking that function (although the governing board cannot give a direction concerning the clinical treatment of a particular person).
An act done or decision made by the chief executive officer of an incorporated hospital in the course of official functions and duties is an act or decision of the incorporated hospital.
33F—Provisions relating to members, procedures, committees and subcommittees etc
Schedule 3 applies in respect of governing boards for incorporated hospitals.
Division 3—Employed staff
34—Employed staff
An employing authority may employ persons to perform functions in connection with the operations or activities of an incorporated hospital.
The terms and conditions of employment of a person under subsection (1) will be fixed by the Chief Executive and approved by the Commissioner for Public Employment.
(2a)For the purposes of subsection (2), the Chief Executive must issue policies and directives relating to terms and conditions of employment of persons appointed under subsection (1).
A person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009).
An employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of another incorporated hospital, or any other public sector agency, specified by the employing authority (and the person must comply with that direction).
An employing authority is, in acting under this section, subject to direction by the Minister.
However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person.
An employing authority may delegate a power or function under this section.
A delegation under subsection (7)—
(a)must be by instrument in writing; and
(b)may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and
(c)may be unconditional or subject to conditions; and
(d)may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and
(e)does not derogate from the power of the employing authority to act personally in any matter; and
(f)may be revoked at any time by the employing authority.
(8a)If—
(a)the chief executive officer of an incorporated hospital is designated as an employing authority; or
(b)a power or function of an employing authority under this section is delegated to the chief executive officer of an incorporated hospital,
no direction may be given by the governing board of the incorporated hospital to the chief executive officer relating to the appointment, transfer, remuneration, discipline or termination of a particular person.
A change in the person who constitutes an employing authority under this Act will not affect the continuity of employment of a person under this section.
An incorporated hospital must, at the direction of the Minister, the Treasurer or an employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities).
An incorporated hospital does not have the power to employ any person unless specifically authorised by the Minister.
An incorporated hospital may, under an arrangement established by the responsible Minister or, if relevant, approved by a responsible public sector entity, make use of the staff, services or facilities of an administrative unit or another public sector agency.
On the incorporation of a hospital under this Part, any Public Service employees who had, before the date of incorporation, been assigned by the Chief Executive to work in the hospital and have been designated by the Chief Executive as employees to whom this subsection applies will become persons employed by the employing authority under this section on terms and conditions fixed by the Chief Executive (without reduction of salary or status).
In this section—
public sector agency has the same meaning as in the Public Sector Act 2009.
35—Superannuation and accrued rights etc
An employing authority may enter into arrangements contemplated by section 5 of the Superannuation Act 1988 with respect to a person employed at an incorporated hospital.
If a person commences employment by an employing authority at an incorporated hospital after ceasing to be employed—
(a)in the Public Service of the State; or
(b)by the employing authority or another employing authority at any incorporated hospital; or
(c)as a member of the staff of SAAS,
and that employment at the incorporated hospital follows immediately on the cessation of that previous employment, then—
(d)the person's existing and accruing rights immediately before the cessation of that previous employment in respect of recreation leave, sick leave and long service leave continue in full force and effect as if that previous employment had been employment by the employing authority at the incorporated hospital; and
(e)the person is not entitled to payment in lieu of those rights.
Except where subsection (2) applies, if a person commences employment by an employing authority at an incorporated hospital within 3 months after ceasing to be employed—
(a)in the Public Service of the State; or
(b)by the employing authority or another employing authority at an incorporated hospital; or
(c)as a member of the staff of SAAS; or
(d)in prescribed employment,
the person's existing and accruing rights immediately before the cessation of that employment in respect of recreation leave, sick leave and long service leave continue, to the extent directed by the employing authority and subject to such conditions as may be determined by the employing authority, as if that previous employment had been employment by the employing authority at the hospital.
Division 4—Accounts, audits and reports
36—Accounts and audit
An incorporated hospital must cause proper accounts to be kept of its financial affairs and financial statements to be prepared in respect of each financial year.
The Auditor‑General may at any time, and must in respect of each financial year, audit the accounts and financial statements of an incorporated hospital.
37—Annual report
An incorporated hospital must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of the incorporated hospital during that financial year.
The report must incorporate the audited accounts and financial statements of the incorporated hospital for the financial year.
The Minister must, within 12 sitting days after the receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament.
Division 5—Sites, facilities and property
38—Ability to operate at various sites
An incorporated hospital may be established or undertake its activities in relation to various sites.
39—Ability to provide a range of services and facilities
An incorporated hospital may establish, maintain and operate—
(a)sites that provide a variety of health services;
(b)health and community care services for all or specific sections of the community, including residential services for the aged and other vulnerable groups, or for persons who must interact with the public health system;
(c)other forms of service or facilities (including services and facilities that benefit (directly or indirectly) staff, patients or visitors, and services and residential facilities for the aged and other forms of accommodation).
The Minister may establish guidelines about the services or facilities that may be provided under subsection (1)(c) (and may, in so doing, provide that the Minister's approval is required before a service or facility of a specified kind is established at a hospital).
Division 6—Delegations
41—Delegations
An incorporated hospital may delegate a function or power conferred on the incorporated hospital—
(a)to a specified person or body; or
(b)to a person occupying or acting in a specified office or position.
A delegation—
(a)may be made subject to conditions or limitations specified in the instrument of delegation; and
(b)if the instrument of delegation so provides, may be further delegated by the delegate; and
(c)is revocable at will and does not prevent the delegator from acting in a matter.
Division 7—By-laws and removal of persons
42—By-laws
An incorporated hospital may make, alter and repeal by‑laws for all or any of the following purposes:
(a)to prohibit persons from trespassing on the grounds of the hospital;
(b)to define parts of the grounds of the hospital as prohibited areas and to prohibit persons from entering any part of any such prohibited area or to provide for the removal of persons from any such area;
(c)to prevent damage to the property, buildings or grounds of the hospital;
(d)to regulate the speed at which vehicles may be driven within the grounds of the hospital;
(e)to prohibit dangerous or careless driving of vehicles within the grounds of the hospital;
(f)to prescribe the routes to be followed by traffic within the grounds of the hospital;
(g)to prohibit or regulate the standing, parking or ranking of vehicles within the grounds of the hospital and to provide for the removal of vehicles from the grounds;
(h)to require drivers of vehicles within the grounds of the hospital to comply with traffic directions;
(i)to regulate traffic of all kinds within the grounds of the hospital;
(j)to prohibit disorderly or offensive behaviour within the hospital or the grounds of the hospital;
(k)to regulate, restrict or prohibit the consumption of alcoholic liquor or unlawful substances within the hospital or the grounds of the hospital;
(l)to prohibit or regulate the smoking of tobacco;
(m)to prevent undue noise within the hospital or the grounds of the hospital;
(n)to provide for the appointment of authorised officers, and to confer functions and powers on authorised officers and other persons, in connection with the administration of the hospital or the operation or enforcement of the by‑law;
(o)to prescribe any other matters necessary or expedient for the maintenance of good order, the protection of property of the hospital or the prevention of hindrance to, or interference with, any activities conducted within the hospital or its grounds;
(p)to prescribe fines, not exceeding $1 000, for contravention of any by‑law (including any direction given under any by‑law);
(q)to fix expiation fees, not exceeding $200, for alleged offences against the by‑laws.
A Ministerial notice made under subclause (1) takes effect from a date specified in the notice (which may be earlier than the date of the notice's publication even though the HAC from which the assets are transferred was dissolved prior to the publication of the Ministerial notice).
The Minister may, by further notice in the Gazette, transfer any asset, right or liability acquired or assumed by the Minister under subclause (1) to another person or body if that other person or body consents to the transfer.
5—General provisions
Nothing done under this Schedule—
(a)constitutes a breach of, or default under, an Act or other law; or
(b)constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(c)constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or
(d)constitutes a civil or criminal wrong; or
(e)—
(i)terminates an agreement or obligation; or
(ii)fulfils any condition that allows a person to terminate an agreement or obligation; or
(iii)gives rise to, or allows any person to exercise, any other right or remedy; or
(f)releases a surety or other obligee wholly or in part from an obligation.
The Registrar‑General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this subclause, register or record in an appropriate manner a transfer and vesting under this Schedule.
The Governor may, by regulation, make any other provision of a saving or transitional nature consequent on the enactment of this Act.
The Minister may, by notice in the Gazette, declare that a reference in an Act, instrument, contract, agreement or other document to a dissolved HAC will have effect as if it were a reference to another person or body specified by the Minister in the notice.
Schedule 4—Transitional provisions
Part 20—Transitional provisions
34—Incorporated hospitals
In this clause—
SAHC hospital means an incorporated hospital under the South Australian Health Commission Act 1976 in existence immediately before the commencement of this clause.
Subject to this clause, a SAHC hospital continues as an incorporated hospital under this Act (without affecting any function, power, accreditation or other aspect of the operations of the hospital).
To avoid doubt, the board of directors of a SAHC hospital under section 29 of the South Australian Health Commission Act 1976 will be dissolved on the commencement of this clause.
The Governor may, by proclamation, designate a SAHC hospital as an incorporated hospital that is not to continue under this Act.
If the Governor designates a hospital under subclause (4)—
(a)the hospital is dissolved by force of this clause; and
(b)the undertaking of the hospital, including its assets, rights and liabilities—
(i)will vest in or attach to a body, or will be divided between 2 or more bodies, specified by the Governor by proclamation (according to the terms of the proclamation);
(ii)to the extent that any assets, rights or liabilities do not fall within the ambit of a proclamation under subparagraph (i)—will vest in or attach to the Minister.
If a hospital is dissolved under subclause (5), the Governor may, by proclamation, provide for the continuity of employment of persons employed to perform functions in connection with the operations or activities of the hospital (and the proclamation will have effect according to its terms).
Nothing that takes effect under this clause—
(a)constitutes a breach of, or default under, an Act or other law; or
(b)constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(c)constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or
(d)constitutes a civil or criminal wrong; or
(e)terminates an agreement or obligation or fulfils any conditions that allows a person to terminate an agreement or obligation, or give rise to any other right or remedy; or
(f)releases a surety or any other obligee wholly or in part from an obligation.
35—Incorporated health centres
In this clause—
SAHC health centre means an incorporated health centre under the South Australian Health Commission Act 1976 in existence immediately before the commencement of this clause.
A SAHC health centre is dissolved by force of this clause.
The undertaking of a SAHC health centre, including its assets, rights and liabilities—
(a)will vest in or attach to a body, or will be divided between 2 or more bodies, specified by the Governor by proclamation (according to the terms of the proclamation);
(b)to the extent that any assets, rights or liabilities do not fall within the ambit of a proclamation under paragraph (a)—will vest in or attach to the Minister.
The Governor may, by proclamation, provide for the continuity of employment of persons employed to perform functions in connection with the operations or activities of a SAHC health centre (the proclamation will have effect according to its terms).
Nothing that takes effect under this clause—
(a)constitutes a breach of, or default under, an Act or other law; or
(b)constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(c)constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or
(d)constitutes a civil or criminal wrong; or
(e)terminates an agreement or obligation or fulfils any conditions that allows a person to terminate an agreement or obligation, or give rise to any other right or remedy; or
(f)releases a surety or any other obligee wholly or in part from an obligation.
36—By-laws
A by-law made by the board of an incorporated hospital under section 38 of the South Australian Health Commission Act 1976 in force immediately before the commencement of this subclause will continue as a by-law under this Act (and may then be altered or repealed under the provisions of this Act).
(2)Subclause (1) does not apply to any by-laws excluded from the ambit of that subclause by proclamation.
Subject to subclauses (4), (5) and (6), any by-law of a designated health centre under section 57AA of the South Australian Health Commission Act 1976 in force immediately before the dissolution of the health centre (including a dissolution before the commencement of this subclause) will have full force and effect pursuant to the provisions of this clause.
The Minister may, by notice in the Gazette, alter or repeal a by-law under subclause (3), or make a substitute or new by-law in connection with any aspect of the former undertaking of the relevant designated health centre (and may by subsequent notice in the Gazette alter or repeal a by-law made under this subclause).
Section 57AA of the South Australian Health Commission Act 1976 will continue to apply to any by-laws under subclause (3) or (4) subject to such modifications as may be prescribed by the regulations (and the regulations will have effect according to their terms).
A by-law in force under subclause (3) or (4) will expire by force of this subclause on the second anniversary of the commencement of this subclause unless sooner repealed by the Minister under subclause (4).
In this clause—
designated health centre means a health centre (including a health centre dissolved before the commencement of this clause) designated by the Governor by proclamation as a designated health centre for the purposes of this clause.
37—Private hospitals
A licence in force under Part 4A of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue in force as a licence under Part 10 of this Act (and will then be subject to the provisions of this Act).
An application under Part 4A of the South Australian Health Commission Act 1976 that has not been finally determined under that Part before the commencement of this clause will be taken to be an application under Part 10 of this Act (and will be dealt with from the point reached at the time of commencement).
38—Disclosure of confidential information
An authorisation under section 64D of the South Australian Health Commission Act 1976 in force immediately before the commencement of this clause will be taken to be an authorisation under Part 7 of this Act on that commencement (even if not within the ambit of a declaration of the Minister under that Part and including for the purposes of any other Act).
An authorisation that continues under this Act by virtue of subclause (1) will expire on a day fixed by the Minister by notice in the Gazette.
The Minister may, in acting under subclause (2)—
(a)fix different days for different authorisations, or classes of authorisations; and
(b)publish a series of notices for the purposes of fixing different days that are to apply under that subclause.
An authorisation that does not expire under the terms of a notice under subclauses (2) and (3) will expire in any event by force of this subclause on the third anniversary of the commencement of this clause.
The Minister may, by notice in the Gazette, determine that a specified provision of Part 7 of this Act will not apply to an authorisation during its continuation under this clause (and the determination will have effect according to its terms).
39—SAAS
SAAS ceases to be an association under the Associations Incorporation Act 1985 on the commencement of this clause.
The Governor may, by proclamation, provide for the continuity of employment of persons employed to perform functions in connection with the operations or activities of SAAS (and the proclamation will have effect according to its terms).
40—Licences—ambulances
A licence in force under the Ambulance Services Act 1992 immediately before its repeal by this Act will remain in force for 12 months after the repeal of that Act.
A licence referred to in subclause (1)—
(a)will be subject to those provisions of this Act prescribed by the regulations, with any necessary or prescribed modifications; and
(b)will authorise the holder of the licence to continue to provide services under the terms and conditions of the licence while the licence remains in force; and
(c)unless surrendered at an earlier time by the holder of the licence, will expire at the expiration of 12 months after the commencement of this clause.
An application for a licence under Part 2 of the Ambulance Services Act 1992 that has not been finally determined under that Part before the commencement of this clause will be taken to be an application under Part 6 of this Act (and that Part will apply in relation to the application subject to such modifications as may be prescribed by the regulations).
SAAS will not require a licence under this Act.
41—Public and environmental health
A notice, application, decision, determination, authorisation or other act of the Commission under the PEH Act will continue to have full force and effect as if given, made or taken by the Chief Executive under that Act as amended by this Act.
Any right of action or proceedings vested in or commenced by the Commission under the PEH Act may be pursued or continued by the Chief Executive under that Act as amended by this Act.
The Chief Executive may perform any other function or exercise any other power of the Commission conferred on or vested in the Commission under the PEH Act before its amendment by this Act.
In this clause—
Chief Executive means the Chief Executive under the PEH Act, as amended by this Act;
Commission means the South Australian Health Commission;
PEH Act means the Public and Environmental Health Act 1987.
42—Other provisions
The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)decreasing the person's rights; or
(b)imposing liabilities on the person.
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.
Legislative history
Notes
•Amendments of this version that are uncommenced are not incorporated into the text.
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act
The Health Care Act 2008 repealed the following:
Ambulance Services Act 1992
Hospitals Act 1934
South Australian Health Commission Act 1976
Legislation amended by principal Act
The Health Care Act 2008 amended the following:
Children's Protection Act 1993
Chiropractic and Osteopathy Practice Act 2005
Controlled Substances Act 1984
Coroners Act 2003
Dental Practice Act 2001
Drugs Act 1908
Family and Community Services Act 1972
Health and Community Services Complaints Act 2004
Institute of Medical and Veterinary Science Act 1982
Local Government Act 1934
Medical Practice Act 2004
Occupational Therapy Practice Act 2005
Optometry Practice Act 2007
Physiotherapy Practice Act 2005
Podiatry Practice Act 2005
Public and Environmental Health Act 1987
Supported Residential Facilities Act 1992
Principal Act and amendments
New entries appear in bold.
Year No Title Assent Commencement 2008 3 Health Care Act 2008 13.3.2008 10.4.2008 (Gazette 10.4.2008 p1294) except Pt 4 Div 1, s 29 & Sch 2—15.5.2008 (Gazette 15.5.2008 p1645) and except ss 18, 19, 26 & 27—5.6.2008 (Gazette 5.6.2008 p1869) and except Pt 2, ss 11—14, ss 20—25, 28, 30—32, 33(1)—(5), Pt 5 Divs 3—9, Pts 6—10, ss 89—99, 101 & Sch 4—1.7.2008 (Gazette 26.6.2008 p2563) and except s 33(6) & Sch 3—13.3.2010 (s 7(5) Acts Interpretation Act 1915) 2008 24 Statutes Amendment and Repeal (Institute of Medical and Veterinary Science) Act 2008 26.6.2008 Pt 2 (ss 4—9)—1.7.2008 (Gazette 26.6.2008 p2553) 2009 29 Statutes Amendment (Public Health Incidents and Emergencies) Act 2009 25.6.2009 Pt 7 (s 23)—25.6.2009 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 75 (ss 176—180)—1.2.2010 (Gazette 28.1.2010 p320) 2011 21 South Australian Public Health Act 2011 16.6.2011 Sch 1 (cl 9)—16.9.2012 (Gazette 30.8.2012 p3945) 2011 36 Statutes Amendment (Directors' Liability) Act 2011 22.9.2011 Pt 11 (s 13)—1.1.2012 (Gazette 15.12.2011 p4988) 2015 20 Health Care (Administration) Amendment Act 2015 17.9.2015 1.9.2016 (Gazette 25.8.2016 p3418) 2016 23 Health Care (Miscellaneous) Amendment Act 2016 2.6.2016 1.12.2016 except ss 4—6, 10, 12(1), (2), (4) & (5)—1.5.2018—date varied (Gazette 7.6.2017 p2043) 2016 34 Mental Health (Review) Amendment Act 2016 14.7.2016 Sch 1 (cl 2)—5.6.2017 (Gazette 30.5.2017 p1982) 2018 8 Health Care (Governance) Amendment Act 2018 2.8.2018 1.7.2019 (Gazette 2.8.2018 p2987) 2019 14 Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 15 (ss 100 to 104)—2.12.2019 (Gazette 21.11.2019 p3928) 2020 39 Health Care (Safe Access) Amendment Act 2020 19.11.2020 17.12.2020 (Gazette 17.12.2020 p5743) 2021 21 Health Care (Governance) Amendment Act 2021 17.6.2021 Pt 2 (ss 4 to 18)—23.8.2021 (Gazette 29.7.2021 p2915) 2022 23 Health Care (Acquisition of Property) Amendment Act 2022 8.12.2022 8.12.2022 2023 44 Veterinary Services Act 2023 7.12.2023 Sch 1 (cl 26)—uncommenced Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Long title amended by 24/2008 s 4 1.7.2008 amended under Legislation Revision and Publication Act 2002 1.1.2012 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 1.1.2012 s 3 s 3(1) Department substituted by 8/2018 s 4(1) 1.7.2019 governing board inserted by 8/2018 s 4(2) 1.7.2019 health service amended by 24/2008 s 5 1.7.2008 private day procedure centre inserted by 23/2016 s 4 1.5.2018 private day procedure centre licence inserted by 23/2016 s 4 1.5.2018 Tribunal inserted by 14/2019 s 100 2.12.2019 s 4 amended by 24/2008 s 6 1.7.2008 amended by 8/2018 s 5 1.7.2019 s 5 amended by 8/2018 s 6 1.7.2019 amended by 21/2021 s 4 23.8.2021 Pt 2 s 6 s 6(1) amended by 24/2008 s 7(1), (2) 1.7.2008 s 7 s 7(1) amended by 24/2008 s 8 1.7.2008 amended by 8/2018 s 7(1), (2) 1.7.2019 amended by 21/2021 s 5(1) 23.8.2021 s 7(1a) inserted by 21/2021 s 5(2) 23.8.2021 Pt 3 s 11 s 11(2) amended by 8/2018 s 8(1) 1.7.2019 s 11(6) amended by 8/2018 s 8(2) 1.7.2019 Pt 4 s 18 s 18(1) amended by 8/2018 s 9 1.7.2019 Pt 4A inserted by 21/2021 s 6 23.8.2021 Pt 5 Pt 5 Div 1 s 29 s 29(1) amended by 20/2015 s 4 1.9.2016 s 30 amended by 8/2018 s 10 1.7.2019 s 31 s 31(1a) inserted by 24/2008 s 9 1.7.2008 amended by 84/2009 s 176 1.2.2010 Pt 5 Div 1A inserted by 20/2015 s 5 1.9.2016 Pt 5 Div 2 s 33 substituted by 8/2018 s 11 1.7.2019 s 33(2) amended by 21/2021 s 7 23.8.2021 ss 33A—33F inserted by 8/2018 s 11 1.7.2019 s 33A s 33A(2) amended by 21/2021 s 8(1) 23.8.2021 s 33A(3a) and (3b) inserted by 21/2021 s 8(2) 23.8.2021 s 33B s 33B(5) amended by 21/2021 s 9(1) 23.8.2021 (b) deleted by 21/2021 s 9(2) 23.8.2021 s 33E s 33E(3) amended by 21/2021 s 10 23.8.2021 Pt 5 Div 3 s 34 s 34(2) amended by 21/2021 s 11(1) 23.8.2021 s 34(2a) inserted by 21/2021 s 11(2) 23.8.2021 s 34(3) amended by 84/2009 s 177 1.2.2010 s 34(8a) inserted by 21/2021 s 11(3) 23.8.2021 s 34(14) public sector agency amended by 84/2009 s 177 1.2.2010 Pt 5 Div 5 s 40 deleted by 23/2022 s 2 8.12.2022 Pt 5 Div 10 inserted by 8/2018 s 12 1.7.2019 Pt 5A inserted by 39/2020 s 4 17.12.2020 Pt 6 s 49 s 49(5) deleted by 20/2015 s 6 1.9.2016 s 50 s 50(4) amended by 21/2021 s 12 23.8.2021 s 51 s 51(2) substituted by 29/2009 s 23 25.6.2009 amended by 21/2011 Sch 1 cl 9 16.9.2012 s 52 s 52(3) amended by 84/2009 s 178 1.2.2010 s 52(13) public sector agency amended by 84/2009 s 178 1.2.2010 s 52A inserted by 21/2021 s 13 23.8.2021 s 58 s 58(17) amended by 14/2019 s 101 2.12.2019 s 59 s 59(1) substituted by 20/2015 s 7(1) 1.9.2016 s 59(6) inserted by 20/2015 s 7(2) 1.9.2016 Pt 7 s 63 s 63(1) prescribed health-sector body amended by 23/2016 s 5 1.5.2018 Pt 8 s 68 s 68(1) designated authority amended by 34/2016 Sch 1 cl 2 5.6.2017 health services entity amended by 23/2016 s 6 1.5.2018 Pt 9 s 78 s 78(1) amended by 21/2021 s 14(1)—(3) 23.8.2021 s 78(1a) inserted by 21/2021 s 14(4) 23.8.2021 s 78(3) amended by 21/2021 s 14(5)—(7) 23.8.2021 s 78(3a) inserted by 21/2021 s 14(8) 23.8.2021 Pt 10 s 79 s 79(3) substituted by 23/2016 s 7 1.12.2016 s 81 s 81(1) (g) deleted by 23/2016 s 8(1) 1.12.2016 s 81(2) substituted by 23/2016 s 8(2) 1.12.2016 s 81(2a) and (2b) inserted by 23/2016 s 8(2) 1.12.2016 s 82 s 82(3)—(5) substituted by 23/2016 s 9 1.12.2016 s 82(6) inserted by 23/2016 s 9 1.12.2016 s 87 s 87(1) and (2) substituted by 14/2019 s 102(1) 2.12.2019 s 87(3) deleted by 14/2019 s 102(2) 2.12.2019 s 87(5) amended by 14/2019 s 102(3), (4) 2.12.2019 s 87(6) and (7) deleted by 14/2019 s 102(5) 2.12.2019 Pt 10A inserted by 23/2016 s 10 1.5.2018 Pt 11 s 89 deleted by 84/2009 s 179 1.2.2010 s 89I s 89I(1) and (2) substituted by 14/2019 s 103(1) 2.12.2019 s 89I(3) deleted by 14/2019 s 103(2) 2.12.2019 s 89I(5) amended by 14/2019 s 103(3), (4) 2.12.2019 s 89I(6) and (7) deleted by 14/2019 s 103(5) 2.12.2019 s 89L s 89 inserted by 20/2015 s 8 1.9.2016 s 89 redesignated as s 89L under Legislation Revision and Publication Act 2002 1.5.2018 s 90A inserted by 23/2022 s 3 8.12.2022 s 92 s 92(3) health employee substituted by 20/2015 s 9 1.9.2016 reference to s 89L (formerly s 89) revised under Legislation Revision and Publication Act 2002 1.5.2018 s 93 s 93(1) amended by 8/2018 s 13 1.7.2019 amended by 21/2021 s 15(1) 23.8.2021 s 93(3) amended by 20/2015 s 10(1), (2) 1.9.2016 amended by 21/2021 s 15(2) 23.8.2021 s 93(5) amended by 21/2021 s 15(3) 23.8.2021 s 94 deleted by 36/2011 s 13 1.1.2012 s 99A inserted by 23/2016 s 11 1.12.2016 s 100 s 100(2) (l) deleted by 23/2016 s 12(3) 1.12.2016 (o) deleted by 23/2016 s 12(6) 1.12.2016 amended by 23/2016 s 12(1), (2), (4) & (5) 1.5.2018 s 101 deleted by 21/2021 s 16 23.8.2021 s 102 inserted by 8/2018 s 14 1.7.2019 Sch 2 cl 3 substituted by 84/2009 s 180 1.2.2010 Sch 3 substituted by 8/2018 s 15 1.7.2019 cl 2 cl 2(1) substituted by 21/2021 s 17(1) 23.8.2021 cl 5 cl 5(1) amended by 21/2021 s 17(2) 23.8.2021 cl 5A inserted by 21/2021 s 17(3) 23.8.2021 cl 8 cl 8(7) amended by 21/2021 s 17(4) 23.8.2021 Sch 3A inserted by 21/2021 s 18 23.8.2021 Sch 4 Parts 1—19 omitted under Legislation Revision and Publication Act 2002 1.1.2012
Transitional etc provisions associated with Act or amendments
Statutes Amendment and Repeal (Institute of Medical and Veterinary Science) Act 2008, Sch 1—Transitional provisions
1—Interpretation
In this Schedule, unless the contrary intention appears—
asset includes a present or contingent interest;
CYWHS means the Children, Youth and Women's Health Service Incorporated;
IMVS means the Institute of Medical and Veterinary Science;
liability includes a contingent liability;
RGH means the Repatriation General Hospital Incorporated;
SAHS means the Southern Adelaide Health Service Incorporated;
WCHDLM means the Women's and Children's Hospital Division of Laboratory Medicine.
2—Staff
A person who, immediately before the commencement of this subclause, was employed by IMVS, or was employed by an employing authority pursuant to section 17 of the Institute of Medical and Veterinary Science Act 1982, will, on that commencement, be taken to be employed by—
(a)an employing authority under the Health Care Act 2008; or
(b)an incorporated hospital under the Health Care Act 2008,
designated by the Governor by proclamation made for the purposes of this subclause.
The Governor may, by proclamation, transfer the employment of any person employed to perform functions in connection with the operations or activities of CYWHS, RGH or SAHS that relate to the provision of pathology services, or other services declared to be within the ambit of this subclause by the proclamation, to employment by—
(a)an employing authority under the Health Care Act 2008; or
(b)an incorporated hospital under the Health Care Act 2008,
designated by the Governor by proclamation made for the purposes of this subclause.
An employment arrangement effected by subclause (1) or (2)—
(a)will be taken to provide for continuity of employment without termination of the relevant employee's service; and
(b)will not affect—
(i)existing conditions of employment or existing or accrued rights to leave; or
(ii)a process commenced for variation of those conditions or rights.
3—Dissolution of IMVS
IMVS is dissolved by force of this clause.
4—Property—IMVS
Subject to this Schedule, all assets (including any shares in any body corporate held by IMVS and any business name registered under the Business Names Act 1996), rights and liabilities of IMVS are transferred to an incorporated hospital specified by the Governor by proclamation.
The transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law.
5—References—IMVS
Subject to subclause (2), all references in any instrument or contract, agreement or other document to IMVS will have effect as if it were a reference to an incorporated hospital specified by the Governor by proclamation.
(2)Subclause (1) does not apply to any reference excluded by the Minister by notice in the Gazette.
(3)Subclause (1) has effect despite the provisions of any other law or instrument.
6—Procedures and proceedings—IMVS
Any procedure or proceedings commenced by or against IMVS before the commencement of this clause but which had not been finally determined at the commencement of this clause may be continued or completed by an incorporated hospital or by the Minister (as determined by the Minister).
7—Property—SouthPath
Subject to this Schedule, all assets (including any shares in any body corporate held by SAHS or RGH and any business name registered under the Business Names Act 1996 but not including any real property), rights and liabilities of SAHS and RGH related to the provision of medical pathology services under the name SouthPath are transferred to an incorporated hospital specified by the Governor by proclamation.
The transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law.
8—References—SouthPath
Subject to subclause (2), all references in any instrument or contract, agreement or other document to SAHS or RGH related to the provision of medical pathology services under the name SouthPath will have effect as if it were a reference to an incorporated hospital specified by the Governor by proclamation.
(2)Subclause (1) does not apply to any reference excluded by the Minister by notice in the Gazette.
(3)Subclause (1) has effect despite the provisions of any other law or instrument.
9—Property—WCHDLM
Subject to this Schedule, all assets (including any shares in any body corporate held by CYWHS and any business name registered under the Business Names Act 1996 but not including any real property), rights and liabilities of CYWHS related to the provision of medical pathology services under the name WCHDLM are transferred to an incorporated hospital specified by the Governor by proclamation.
The transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law.
10—References—WCHDLM
Subject to subclause (2), all references in any instrument or contract, agreement or other document to CYWHS related to the provision of medical pathology services under the name WCHDLM will have effect as if it were a reference to an incorporated hospital specified by the Governor by proclamation.
(2)Subclause (1) does not apply to any reference excluded by the Minister by notice in the Gazette.
(3)Subclause (1) has effect despite the provisions of any other law or instrument.
11—Property
The Minister may, at any time after the commencement of this Schedule, by notice in the Gazette, transfer an asset, right or liability transferred to an incorporated hospital under clause 4, 7 or 9 to—
(a)the Crown; or
(b)the Minister; or
(c)another agency or instrumentality of the Crown; or
(d)with the agreement of the person or body—to a person or body that is not an agency or instrumentality of the Crown.
The transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law.
12—Other provisions
Nothing done under this Schedule—
(a)constitutes a breach of, or default under, an Act or other law; or
(b)constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(c)constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or
(d)constitutes a civil or criminal wrong; or
(e)—
(i)terminates an agreement or obligation; or
(ii)fulfils any condition that allows a person to terminate an agreement or obligation; or
(iii)gives rise to, or allows any person to exercise, any other right or remedy; or
(f)releases a surety or other obligee wholly or in part from an obligation.
The Registrar‑General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this subclause, register or record in an appropriate manner a transfer and vesting under this Schedule.
The Governor may, by regulation, make any other provision of a saving or transitional nature consequent on the enactment of this Act.
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply with respect to the amendments effected by this Act.
Health Care (Administration) Amendment Act 2015, Sch 1—Transitional provisions
1—Employment
In this clause—
Chief Executive has the same meaning as in the principal Act;
Department has the same meaning as in the principal Act;
principal Act means the Health Care Act 2008.
The Chief Executive may, by instrument in writing, determine that a person employed in the Department immediately before the commencement of this clause will be taken to be employed under section 89 of the principal Act, as enacted by this Act, on terms and conditions specified by the Chief Executive and approved by the Commissioner for Public Employment.
A determination under subclause (2) does not constitute a breach of a contract of employment or termination of the person's employment, or affect the continuity of the person's employment for any purpose (but will have effect so that the person is no longer employed in the Department).
2—Cancellation of incorporation etc of certain associations
This clause applies in relation to the following associations:
(a)Lumeah Homes Inc;
(b)Miroma Place Hostel Inc;
(c)Peterborough Aged and Disabled Accommodation Inc.
Note—
The functions of these associations were taken over under the South Australian Health Commission Act 1976.
Despite the provisions of the Associations Incorporation Act 1985, the Governor may, by proclamation—
(a)cancel the incorporation of an association to which this clause applies; and
(b)transfer the assets of an association to which this clause applies (either as a whole or in separate parcels specified in the proclamation) to a HAC; and
(c)make such other provisions in relation to an association to which this clause applies as the Governor thinks fit.
A proclamation under this section may take effect on a day that is earlier than the day on which the proclamation is made.
In this clause—
HAC has the same meaning as in the Health Care Act 2008.
Statutes Amendment (SACAT) Act 2019, Pt 15
104—Transitional provisions
A right of appeal under section 58, 87 or 89I of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Supreme Court or District Court.
Nothing in this section affects any proceedings before the Supreme Court or District Court commenced before the relevant day.
In this section—
principal Act means the Health Care Act 2008;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
Health Care (Acquisition of Property) Amendment Act 2022, Sch 1
1—Transitional provision
A process to acquire land for the purposes of an incorporated hospital commenced under section 40 of the Health Care Act 2008 before the repeal of that section by section 2 of this Act may be continued and completed in accordance with section 40 as if it had not been repealed.
Historical versions
| 1.7.2008 |
| 25.6.2009 |
| 1.2.2010 |
| 13.3.2010 |
| 1.1.2012 |
| 16.9.2012 |
| 1.9.2016 |
| 1.12.2016 |
| 5.6.2017 |
| 1.5.2018 |
| 1.7.2019 |
| 2.12.2019 |
| 17.12.2020 |
| 23.8.2021 |
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