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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Health Care (Administration) Amendment
Bill 2013
A BILL FOR
An Act to amend the Health
Care Act 2008.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Health Care
Act 2008
4Amendment of section
29—Incorporation
5Insertion of Part 5 Division 1A
Division 1A—Transfer of functions etc
between incorporated hospitals
32ATransfer of functions etc between incorporated
hospitals
6Amendment of section 49—Continuation of
SAAS
7Amendment of section 59—Fees
8Insertion of section
89
89Other staffing
arrangements
9Amendment of section 92—Conflict of
interest
10Amendment of section
93—Confidentiality
Schedule 1—Transitional
provisions
1Employment
2Cancellation of
incorporation etc of certain associations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Health Care (Administration) Amendment
Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Health Care
Act 2008
4—Amendment
of section 29—Incorporation
Section 29(1)(b)—delete paragraph (b) and
substitute:
(b) transfer the whole or part of the undertaking of a specified person or
body to an incorporated hospital.
5—Insertion
of Part 5 Division 1A
After section 32 insert:
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.
6—Amendment
of section 49—Continuation of SAAS
Section 49(5)—delete subsection (5)
7—Amendment
of section 59—Fees
(1) Section 59(1)—delete subsection (1) and
substitute:
(1) The Minister may, by notice in the Gazette, fix fees in relation
to—
(a) the provision of ambulance services; and
(b) the provision of incidental services by SAAS; and
(c) any other matter prescribed by the regulations.
(2) Section 59—after subsection (5) insert:
(6) In this section—
incidental services—incidental services are provided by
SAAS if—
(a) a member of the staff of SAAS—
(i) attends at a place in response to a request for medical assistance
(whether made by 000 emergency telephone call or other means) for a
person who may have an injury or illness requiring immediate medical attention
in order to maintain life or to alleviate suffering; and
(ii) assesses or treats the person; but
(b) the person is not transported by ambulance.
Before section 90 insert:
89—Other staffing arrangements
(1) The employing
authority may appoint such other officers or employees (in addition to the
employees and officers of the Department and persons employed under Part 5)
who have skills or experience in connection with the provision of health
services and who, in the opinion of the employing authority,
can—
(a) assist the Chief Executive in the performance of the Chief Executive's
functions; or
(b) assist the Department in the performance of its functions,
(including functions that arise independently of this Act).
(2) The terms and conditions of employment of a person under
subsection (1) will
be fixed by the employing authority and approved by the Commissioner for Public
Employment.
(3) 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).
(4) The employing authority is, in acting under this section, subject to
direction by the Minister.
(5) However, no Ministerial direction may be given by the Minister
relating to the appointment, transfer, remuneration, discipline or termination
of employment of a particular person.
(6) In addition, if the Chief Executive is not the employing authority,
the employing authority must, in acting under this section, consult with the
Chief Executive.
9—Amendment
of section 92—Conflict of interest
Section 92(3), definition of health
employee—delete the definition and substitute:
health employee means—
(a) a person employed at an incorporated hospital or as a member of the
staff of SAAS; or
(b) a person employed under section 89.
10—Amendment
of section 93—Confidentiality
(1) Section 93(3)(a)—delete "required by law, or as required
for the administration of this Act or a law of another State or a Territory of
the Commonwealth" and substitute:
required or authorised by or under law
(2) Section 93(3)(b)—delete "of the person to whom the
information relates or a guardian or medical agent of the person; or" and
substitute:
of—
(i) the person to whom the information relates; or
(ii) a guardian of the person to whom the information relates;
or
(iii) a medical agent of the person to whom the information relates;
or
(iv) a substitute decision-maker for the person to whom the information
relates (within the meaning of the Advance
Care Directives Act 2013); or
Schedule 1—Transitional
provisions
(1) 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.
(2) 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.
(3) 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
(1) 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.
(2) 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.
(3) A proclamation under this section may take effect on a day that is
earlier than the day on which the proclamation is made.
(4) In this clause—
HAC has the same meaning as in the Health
Care Act 2008.