Hospitals and Health Services Commission (Repeal) Act 1978

Overview

The Hospitals and Health Services Commission (Repeal) Act 1978 was enacted to formally repeal the Hospitals and Health Services Commission Act 1973 and address the need to transfer its functions and responsibilities to other entities. This Act was passed by the Commonwealth Parliament, and its primary purpose is to ensure a smooth transition by vesting the rights, property, and assets of the Hospitals and Health Services Commission into the Commonwealth while also making the Commonwealth liable for the Commission's existing debts and obligations. Additionally, the Act maintains the continuity of existing grants, engagements, and contracts by substituting references to the Commission with references to the Minister or authorised persons. It also outlines provisions for the secrecy and disposal of documents, exemption from taxation for certain instruments, and the substitution of the Commonwealth in pending legal proceedings involving the Commission.

Scope and Application

The Hospitals and Health Services Commission (Repeal) Act 1978 applies to the repeal of the Hospitals and Health Services Commission Act 1973, which involved the transfer of rights, property, and assets of the Commission to the Commonwealth. The Act also deals with the continuation of conditions on grants made under the repealed Act, the ongoing effect of engagements, arrangements, and contracts entered into by the Commission, as well as the disposal of documents in possession of the Commission's staff. It extends to any person who has been a Commissioner, a member of a Committee appointed under the repealed Act, or a member of the staff of the Commission, and it includes a secrecy provision that restricts the disclosure of certain information acquired in the course of their duties. Exemptions from taxation for documents related to the Act are also provided. The Act applies nationally as a Commonwealth legislation and any subordinate instruments extending or restricting its application would need to be enacted in accordance with the provisions of this Act.

Key Provisions

The Hospitals and Health Services Commission (Repeal) Act 1978 (Act) is primarily concerned with the repeal of the Hospitals and Health Services Commission Act 1973 and the subsequent transfer of assets, liabilities, and obligations. On the day this Act receives the Royal Assent, it will come into operation (section 2). The key provisions of this Act include the repeal of the Hospitals and Health Services Commission Act 1973 (section 3) and the transfer of rights, property, and assets of the Commission to the Commonwealth (section 5(a)). The Commonwealth also assumes the debts, liabilities, and obligations of the Commission (section 5(b)). Conditions of grants under the repealed Act continue to apply after the repeal, with references to the Commission being read as references to the Minister (section 6(1)(b)) and references to the Principal Executive Officer being read as references to a person authorized by the Minister (section 6(1)(c)). Any engagement, arrangement, or contract in force before the repeal continues to have effect, with references to the Commission, Chairman, or a Committee being read as references to the Minister or a person authorized by the Minister (section 7). The Minister or a person authorized by the Minister may direct the disposal of documents in the possession of a former Commissioner, Committee member, or Commission staff member (section 8). The Act imposes certain obligations and requirements on the parties and entities it governs. For example, it requires that any conditions of grants under the repealed Act continue to apply, with appropriate modifications (section 6). It also requires that any engagement, arrangement, or contract entered into by the Commission before the repeal continues to have effect, with appropriate modifications (section 7). Additionally, the Act imposes secrecy obligations on former Commissioners, Committee members, and Commission staff members, prohibiting them from divulging or communicating any information concerning the affairs of another person acquired by reason of their office or employment (section 9). The Minister or a person authorized by the Minister may direct the disposal of documents in the possession of these individuals (section 8). The Act provides for offences, penalties, and consequences for breaches of its provisions. A person who contravenes the secrecy provisions of the Act is liable to a penalty of $1,000 or imprisonment for 3 months (section 9). However, the Minister may authorize the doing of an act or thing that would otherwise be a contravention if the Minister is satisfied that the act or thing is necessary for the promotion of, or proper planning in relation to, health services, necessary for the proper performance of a function in relation to health care, or otherwise in the public interest (section 9(4)). The Act also exempts certain instruments or documents from stamp duty or other tax (section 10) and substitutes the Commonwealth for the Commission as a party to any proceedings pending immediately before the repeal (section 11).