South Australian Numbered Acts

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HEALTH CARE ACT 2008 (NO 3 OF 2008) - SECT 29

29—Incorporation

        (1)         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 a part of the undertaking of a body providing services or facilities to an incorporated hospital under this Act.

        (2)         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.

        (3)         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.

        (4)         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.

        (5)         The Governor may, by proclamation—

            (a)         alter the name of an incorporated hospital;

            (b)         dissolve an incorporated hospital.

        (6)         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.



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