South Australian Numbered Acts

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


        (1)         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, under the Minister, responsible for 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;

"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

            (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 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;

"vehicle" includes an aircraft or a boat.

        (2)         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.

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