South Australian Numbered Acts

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

Schedule 3—Special provisions relating to the Repatriation General Hospital Incorporated

1—Interpretation

In this Schedule—

approved constitution means a constitution for RGH determined by the Minister from time to time for the purposes of this Schedule;

RGH means the Repatriation General Hospital Incorporated.

2—Management of RGH

        (1)         RGH will be administered by a board of directors constituted in accordance with the approved constitution.

        (2)         The board may delegate a function or power arising under the approved constitution—

            (a)         to a specified person or body; or

            (b)         to a person occupying or acting in a specified office or position.

        (3)         A delegation—

            (a)         may be made subject to conditions or limitations specified in the instrument of delegation; and

            (b)         if the instrument of delegation so provides, may be further delegated by the delegate; and

            (c)         is revocable at will and does not prevent the delegator from acting in a matter.

        (4)         An act done or decision made by the board, or a person acting under a delegation, in the administration or management of RGH (including by exercising any power of RGH as an incorporated hospital under this Act) is an act or decision of RGH.

        (5)         The members of the board must comply with any requirements prescribed by the regulations with respect to the disclosure of any interests that may cause conflict with their functions or duties as members of the board.

        (6)         The Minister may remove a member of the board from office on any ground prescribed by the regulations.

        (7)         No liability attaches to a member of the board for an act or omission by the member or RGH in good faith and in performance or exercise, or purported performance or exercise, of the member's or RGH's functions or powers.

3—Power of direction

        (1)         The board will, in the administration of RGH, be subject to direction by the Minister.

        (2)         The Minister cannot give a direction—

            (a)         concerning the clinical treatment of a particular person; or

            (b)         for the sale or disposal of real property or equipment that is not held by the Crown; or

            (c)         relating to the employment of a particular person or the assignment, transfer, remuneration, discipline or dismissal of a particular employee.

        (3)         A direction under this clause must be given in writing and must be published in the Gazette.

        (4)         Particulars of directions given under this clause must be included in RGH's annual report.

4—Dissolution of board

        (1)         The Minister may, at the request of the board, dissolve the board.

        (2)         If the board is dissolved under this clause, the Governor may, by proclamation, fix a day for the expiry of this Schedule (and that proclamation will then have effect according to its terms).

        (3)         If the Governor makes a proclamation under subclause (2), the Governor may, by proclamation, make any ancillary or related provision with respect to the dissolution of the board or the expiration of this Schedule.