South Australian Numbered Acts

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HEALTH CARE (GOVERNANCE) AMENDMENT ACT 2018 (NO 8 OF 2018) - SECT 12

12—Insertion of Part 5 Division 10

Part 5—after Division 9 insert:

Division 10—Inspectors

48A—Inspectors

        (1)         The Minister may, by instrument in writing, appoint suitable persons to be inspectors for the purposes of inspecting, investigating and assessing the administration, operations and governance of incorporated hospitals.

        (2)         An inspector holds office on the conditions stated in the instrument of appointment.

        (3)         An inspector appointed under subsection (1)

may, at any reasonable time, enter the premises of an incorporated hospital (including the premises of the governing board for an incorporated hospital) and, while on the premises, may—

            (a)         inspect the premises or any equipment or other thing on the premises; and

            (b)         require any person to answer any questions, orally or in writing; and

            (c)         require any person to produce any documents or records; and

            (d)         examine any documents or records and take extracts from, or make copies of, any of them; and

            (e)         seize any documents or records that, in the opinion of the inspector, constitute evidence of a breach of a provision of this Act.

        (4)         An inspector must, at the request of a person in relation to whom the inspector intends to exercise powers under this section, produce for the inspection of the person the inspector's instrument of appointment, or a copy of the instrument.

        (5)         An inspector may, in exercising powers under this section, be assisted by such other persons as are reasonably necessary for the purpose.

        (6)         A person must not refuse or fail to comply with a requirement made pursuant to this section.

Maximum penalty: $10 000.

        (7)         A person must not hinder or obstruct an inspector, or a person assisting an inspector, in the exercise of the powers conferred by this section.

Maximum penalty: $10 000.



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