South Australian Numbered Acts South Australian Numbered ActsSchedule 4—Related amendments, repeals and transitional provisions
Part
1—Related amendments
In this Schedule, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment of Children's Protection Act 1993
2—Amendment of section 52V—Powers of review
Section 52V(3)(d)—delete paragraph (d) and substitute:
(d) a
request cannot be validly made of a person to disclose or allow access to
information that is subject to the operation of Part 7 or 8 of the
Health Care Act 2008 .
Part 3—Amendment of Chiropractic and Osteopathy Practice Act 2005
3—Amendment of section 3—Interpretation
Section 3(1), definition of exempt provider , (a)—delete paragraph (a)
and substitute:
(a) an
incorporated hospital or private hospital under the Health Care Act 2008 ; or
Part 4—Amendment of Controlled Substances Act 1984
4—Amendment of section 4—Interpretation
Section 4(1), definition of the Health Commission —delete the definition
Part 5—Amendment of Coroners Act 2003
5—Amendment of section 23—Proceedings on inquests
Section 23(6)—delete " section 64D of the South Australian
Health Commission Act 1976 " and substitute:
Parts 7 and 8 of the Health Care Act 2008
Part 6—Amendment of Dental Practice Act 2001
6—Amendment of section 3—Interpretation
Section 3(1), definition of exempt provider , (a)—delete
paragraph (a) and substitute:
(a) an
incorporated hospital or a private hospital under the Health Care Act 2008 ;
or
Part 7—Amendment of Drugs Act 1908
7—Amendment of section 5—Interpretation
Section 5, definition of the Health Commission —delete the definition
8—Amendment of section 17—Advisory committee
Section 17(1)—delete "The chairman of the Health Commission" and
substitute:
The Chief Executive of the Department of the Minister
Part 8—Amendment of Family and Community Services Act 1972
9—Amendment of section 112—Provision for blood tests
Section 112(7)—delete "on the recommendation of the Chairman of the
South Australian Health Commission"
Part 9—Amendment of Health and Community Services Complaints
Act 2004
10—Amendment of section 82—Protection of certain information
Section 82—delete " section 64D of the South Australian
Health Commission Act 1976 " and substitute:
Part 7 or 8 of the Health Care Act 2008
Part 10—Amendment of Institute of Medical and Veterinary Science
Act 1982
11—Amendment of section 3—Interpretation
Section 3(1), definition of the Health Commission —delete the definition
12—Amendment of section 7—Council
Section 7(2)(a)(ii)—delete subparagraph (ii) and substitute:
(ii)
2 will be persons nominated by the Minister, being
persons who have been actively involved in the provision of health services;
and
13—Amendment of section 18—Superannuation, accrued leave rights
etc
(1)
Section 18(2)(b)—delete paragraph (b) and substitute:
(b)
under the Health Care Act 2008 ,
(2)
Section 18(3)(b)—delete paragraph (b) and substitute:
(b)
under the Health Care Act 2008 ; or
Part 11—Amendment of Local Government Act 1934
14—Amendment of section 595—Regulations
(1) Section
595(1)—delete "on the recommendation of the South Australian Health
Commission" and substitute:
on the recommendation of the designated chief executive
(2) Section
595—after subsection (3) insert:
(4) In this
section—
designated chief executive means the Chief Executive of the administrative
unit of the Public Service that is, under the relevant Minister, responsible
for the administration of the Health Care Act 2008 .
15—Amendment of section 596—Provisions applicable to outside areas
(1) Section
596—delete "the South Australian Health Commission" and substitute:
designated Minister
(2) Section
596—after its present contents as amended by this section (now to be
designated as subsection (1)) insert:
(2) In this
section—
designated Minister means the Minister responsible for the administration of
the Health Care Act 2008 .
Part 12—Amendment of Medical Practice Act 2004
16—Amendment of section 3—Interpretation
Section 3(1), definition of exempt provider , (a)—delete
paragraph (a) and substitute:
(a) an
incorporated hospital or private hospital under the Health Care Act 2008 ; or
Part 13—Amendment of Occupational Therapy Practice Act 2005
17—Amendment of section 3—Interpretation
Section 3(1), definition of exempt provider , (a)—delete
paragraph (a) and substitute:
(a) an
incorporated hospital or private hospital under the Health Care Act 2008 ; or
Part 14—Amendment of Optometry Practice Act 2007
18—Amendment of section 3—Interpretation
Section 3(1), definition of exempt provider , (a)—delete
paragraph (a) and substitute:
(a) an
incorporated hospital or private hospital under the Health Care Act 2008 ; or
19—Amendment of section 38—Prohibition on provision of
optometry treatment by unqualified persons
Section 38(2)(b)—delete "or a recognised hospital, incorporated
health centre or private hospital within the meaning of the South Australian
Health Commission Act 1976 " and substitute:
or an incorporated hospital or a private hospital under the Health Care
Act 2008
Part 15—Amendment of Physiotherapy Practice Act 2005
20—Amendment of section 3—Interpretation
Section 3(1), definition of exempt provider , (a)—delete
paragraph (a) and substitute:
(a) an
incorporated hospital or private hospital under the Health Care Act 2008 ; or
Part 16—Amendment of Podiatry Practice Act 2005
21—Amendment of section 3—Interpretation
Section 3(1), definition of exempt provider , (a)—delete
paragraph (a) and substitute:
(a) an
incorporated hospital or private hospital under the Health Care Act 2008 ; or
Part 17—Amendment of Public and Environmental Health Act 1987
22—Amendment of section 3—Interpretation
(1)
Section 3(1)—after the definition of building insert:
Chief Executive means the Chief Executive of the Department and includes a
person for the time being acting in that position;
(2) Section 3(1),
definition of the Commission —delete the definition
23—Amendment of section 6—Delegation
(1)
Section 6(1)—delete "The Commission or a" and substitute:
A
(2)
Section 6—after subsection (1) insert:
(1aa) The
Chief Executive may, by instrument in writing, delegate any of the
Chief Executive's powers or functions under this Act.
(3)
Section 6(4)—delete "Commission" and substitute:
24—Amendment of section 12—Functions of Council
(1)
Section 12(1)—delete "of the Commission or the Minister" and substitute:
of the Minister or the Chief Executive
(2)
Section 12(1)—delete "to the Commission or the Minister" and substitute:
to the Minister or the Chief Executive
25—Amendment of section 31—Power of Chief Executive to require a
person to undergo an examination
(1)
Section 31(1)—delete "the Commission" wherever occurring and substitute
in each case:
the Chief Executive
(2)
Section 31(5)—delete "the Commission" and substitute:
the Department
26—Amendment of section 32—Power of Chief Executive, in the
interests of public health, to detain persons suffering from diseases
(1)
Section 32(1)—delete "Commission" wherever occurring and substitute in
each case:
(2)
Section 32(4)(a)—delete "Commission" and substitute:
27—Amendment of section 33—Power of Chief Executive to give
directions to persons suffering from diseases
(1)
Section 33(1)—delete "Commission" wherever occurring and substitute in
each case:
(2)
Section 33(2)—delete "Commission" wherever occurring and substitute in
each case:
28—Amendment of section 36—Action to prevent the spread of
infection
(1)
Section 36(1)—delete "Commission" wherever occurring and substitute in
each case:
(2)
Section 36(5)—delete "Commission" and substitute:
(3)
Section 36(6)—delete "Commission" and substitute:
Crown
(4)
Section 36(7)—delete "Commission" and substitute:
(5)
Section 36(9)—delete "Commission" and substitute:
29—Amendment of section 40—Immunity from liability
Section 40(1)(b)—delete "Commission" and substitute:
30—Amendment of section 41—Power to require information
Section 41(1)—delete "Commission" and substitute:
31—Amendment of section 47—Regulations
(1)
Section 47(2)(f)—delete "Commission" and substitute:
(2)
Section 47(2)(i)—delete "Commission" and substitute:
(3)
Section 47(7)(d)—delete "Commission" and substitute:
Part 18—Amendment of Supported Residential Facilities Act 1992
32—Amendment of section 4—Application of Act
Section 4(2)(b)—delete paragraph (b) and substitute:
(b) any
premises that form part of an incorporated hospital or private hospital under
the Health Care Act 2008 ; or
Part 19—Repeal of Acts
The following Acts are repealed:
(a) the
Ambulance Services Act 1992 ;
(b) the
Hospitals Act 1934 ;
(c) the
South Australian Health Commission Act 1976 .
Part 20—Transitional provisions
34—Incorporated hospitals
(1) In this
clause—
SAHC hospital means an incorporated hospital under the
South Australian Health Commission Act 1976 in existence immediately
before the commencement of this clause.
(2) Subject to this
clause, a SAHC hospital continues as an incorporated hospital under this Act
(without affecting any function, power, accreditation or other aspect of the
operations of the hospital).
(3) To avoid doubt,
the board of directors of a SAHC hospital under section 29 of the
South Australian Health Commission Act 1976 will be dissolved on the
commencement of this clause.
(4) The Governor may,
by proclamation, designate a SAHC hospital as an incorporated hospital that is
not to continue under this Act.
(5) If the Governor
designates a hospital under subclause (4)—
(a) the
hospital is dissolved by force of this clause; and
(b) the
undertaking of the hospital, including its assets, rights and
liabilities—
(i)
will vest in or attach to a body, or will be divided
between 2 or more bodies, specified by the Governor by proclamation (according
to the terms of the proclamation);
(ii)
to the extent that any assets, rights or liabilities do
not fall within the ambit of a proclamation under
subparagraph (i)—will vest in or attach to the Minister.
(6) If a hospital is
dissolved under subclause (5), the Governor may, by proclamation, provide
for the continuity of employment of persons employed to perform functions in
connection with the operations or activities of the hospital (and the
proclamation will have effect according to its terms).
(7) Nothing that takes
effect under this clause—
(a)
constitutes a breach of, or default under, an Act or other law; or
(b)
constitutes a breach of, or default under, a contract, agreement,
understanding or undertaking; or
(c)
constitutes a breach of a duty of confidence (whether arising by contract, in
equity or by custom) or in any other way; or
(d)
constitutes a civil or criminal wrong; or
(e)
terminates an agreement or obligation or fulfils any conditions that allows a
person to terminate an agreement or obligation, or give rise to any other
right or remedy; or
(f)
releases a surety or any other obligee wholly or in part from an obligation.
35—Incorporated health centres
(1) In this
clause—
SAHC health centre means an incorporated health centre under the
South Australian Health Commission Act 1976 in existence immediately
before the commencement of this clause.
(2) A SAHC health
centre is dissolved by force of this clause.
(3) The undertaking of
a SAHC health centre, including its assets, rights and liabilities—
(a) will
vest in or attach to a body, or will be divided between 2 or more bodies,
specified by the Governor by proclamation (according to the terms of the
proclamation);
(b) to
the extent that any assets, rights or liabilities do not fall within the ambit
of a proclamation under paragraph (a)—will vest in or attach to the
Minister.
(4) The Governor may,
by proclamation, provide for the continuity of employment of persons employed
to perform functions in connection with the operations or activities of a SAHC
health centre (the proclamation will have effect according to its terms).
(5) Nothing that takes
effect under this clause—
(a)
constitutes a breach of, or default under, an Act or other law; or
(b)
constitutes a breach of, or default under, a contract, agreement,
understanding or undertaking; or
(c)
constitutes a breach of a duty of confidence (whether arising by contract, in
equity or by custom) or in any other way; or
(d)
constitutes a civil or criminal wrong; or
(e)
terminates an agreement or obligation or fulfils any conditions that allows a
person to terminate an agreement or obligation, or give rise to any other
right or remedy; or
(f)
releases a surety or any other obligee wholly or in part from an obligation.
(1) A by-law made by
the board of an incorporated hospital under section 38 of the
South Australian Health Commission Act 1976 in force immediately before
the commencement of this subclause will continue as a by-law under this Act
(and may then be altered or repealed under the provisions of this Act).
(2) Subclause (1)
does not apply to any by-laws excluded from the ambit of that subclause by
proclamation.
(3) Subject to
subclauses (4), (5) and (6), any by-law of a designated health centre under
section 57AA of the South Australian Health Commission Act 1976 in
force immediately before the dissolution of the health centre (including a
dissolution before the commencement of this subclause) will have full force
and effect pursuant to the provisions of this clause.
(4) The Minister may,
by notice in the Gazette, alter or repeal a by-law under subclause (3),
or make a substitute or new by-law in connection with any aspect of the former
undertaking of the relevant designated health centre (and may by subsequent
notice in the Gazette alter or repeal a by-law made under this subclause).
(5) Section 57AA
of the South Australian Health Commission Act 1976 will continue to
apply to any by-laws under subclause (3) or (4) subject to such
modifications as may be prescribed by the regulations (and the regulations
will have effect according to their terms).
(6) A by-law in force
under subclause (3) or (4) will expire by force of this subclause on the
second anniversary of the commencement of this subclause unless sooner
repealed by the Minister under subclause (4).
(7) In this
clause—
designated health centre means a health centre (including a health centre
dissolved before the commencement of this clause) designated by the Governor
by proclamation as a designated health centre for the purposes of this clause.
37—Private hospitals
(1) A licence in force
under Part 4A of the South Australian Health Commission Act 1976
immediately before the commencement of this clause will continue in force as a
licence under Part 10 of this Act (and will then be subject to the provisions
of this Act).
(2) An application
under Part 4A of the South Australian Health Commission Act 1976
that has not been finally determined under that Part before the commencement
of this clause will be taken to be an application under Part 10 of this Act
(and will be dealt with from the point reached at the time of commencement).
38—Disclosure of confidential information
(1) An authorisation
under section 64D of the South Australian Health Commission Act 1976 in
force immediately before the commencement of this clause will be taken to be
an authorisation under Part 7 of this Act on that commencement (even if not
within the ambit of a declaration of the Minister under that Part and
including for the purposes of any other Act).
(2) An authorisation
that continues under this Act by virtue of subclause (1) will expire on a
day fixed by the Minister by notice in the Gazette.
(3) The Minister may,
in acting under subclause (2)—
(a) fix
different days for different authorisations, or classes of authorisations; and
(b)
publish a series of notices for the purposes of fixing different days that are
to apply under that subclause.
(4) An authorisation
that does not expire under the terms of a notice under subclauses (2) and
(3) will expire in any event by force of this subclause on the third
anniversary of the commencement of this clause.
(5) The Minister may,
by notice in the Gazette, determine that a specified provision of Part 7 of
this Act will not apply to an authorisation during its continuation under this
clause (and the determination will have effect according to its terms).
(1) SAAS ceases to be
an association under the Associations Incorporation Act 1985 on the
commencement of this clause.
(2) The Governor may,
by proclamation, provide for the continuity of employment of persons employed
to perform functions in connection with the operations or activities of SAAS
(and the proclamation will have effect according to its terms).
(1) A licence in force
under the Ambulance Services Act 1992 immediately before its repeal by
this Act will remain in force for 12 months after the repeal of that Act.
(2) A licence referred
to in subclause (1)—
(a) will
be subject to those provisions of this Act prescribed by the regulations, with
any necessary or prescribed modifications; and
(b) will
authorise the holder of the licence to continue to provide services under the
terms and conditions of the licence while the licence remains in force; and
(c)
unless surrendered at an earlier time by the holder of the licence, will
expire at the expiration of 12 months after the commencement of this clause.
(3) An application for
a licence under Part 2 of the Ambulance Services Act 1992 that has
not been finally determined under that Part before the commencement of this
clause will be taken to be an application under Part 6 of this Act (and that
Part will apply in relation to the application subject to such modifications
as may be prescribed by the regulations).
(4) SAAS will not
require a licence under this Act.
41—Public and environmental health
(1) A notice,
application, decision, determination, authorisation or other act of the
Commission under the PEH Act will continue to have full force and effect as if
given, made or taken by the Chief Executive under that Act as amended by this
Act.
(2) Any right of
action or proceedings vested in or commenced by the Commission under the PEH
Act may be pursued or continued by the Chief Executive under that Act as
amended by this Act.
(3) The
Chief Executive may perform any other function or exercise any other power of
the Commission conferred on or vested in the Commission under the PEH Act
before its amendment by this Act.
(4) In this
clause—
Chief Executive means the Chief Executive under the PEH Act, as amended by
this Act;
Commission means the South Australian Health Commission;
PEH Act means the Public and Environmental Health Act 1987 .
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under subclause (1) may, if the regulation so provides,
take effect from the commencement of this Act or from a later day.
(3) To the extent to
which a provision takes effect under subclause (2) from a day earlier
than the day of the regulation's publication in the Gazette, the provision
does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4) The
Acts Interpretation Act 1915 will, except to the extent of any
inconsistency with the provisions of this Schedule (or regulations made under
this Schedule), apply to any amendment or repeal effected by this Act.