South Australian Numbered Acts

HEALTH CARE ACT 2008 (NO 3 OF 2008) - SECT 20

20—Specific provisions in relation to property

        (1)         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.

        (2)         The Minister may, by notice in the Gazette, transfer to and vest in a HAC any assets, rights or liabilities of another entity.

        (3)         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.

        (5)         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.

        (6)         A notice published in the Gazette under subsection (5)(b)(ii) must set out the reasons for the Minister's decision to proceed.