Schedule 1—Transitional provisions
In this Schedule, unless the contrary intention appears—
asset includes a present or contingent interest;
CYWHS means the Children, Youth and Women's Health Service Incorporated;
IMVS means the Institute of Medical and Veterinary Science;
liability includes a contingent liability;
RGH means the Repatriation General Hospital Incorporated;
SAHS means the Southern Adelaide Health Service Incorporated;
WCHDLM means the Women's and Children's Hospital Division of Laboratory
Medicine.
(1) A person who,
immediately before the commencement of this subclause, was employed by IMVS,
or was employed by an employing authority pursuant to section 17 of the
Institute of Medical and Veterinary Science Act 1982 , will, on that
commencement, be taken to be employed by—
(a) an
employing authority under the Health Care Act 2008 ; or
(b) an
incorporated hospital under the Health Care Act 2008 ,
designated by the Governor by proclamation made for the purposes of this
subclause.
(2) The Governor may,
by proclamation, transfer the employment of any person employed to perform
functions in connection with the operations or activities of CYWHS, RGH or
SAHS that relate to the provision of pathology services, or other services
declared to be within the ambit of this subclause by the proclamation, to
employment by—
(a) an
employing authority under the Health Care Act 2008 ; or
(b) an
incorporated hospital under the Health Care Act 2008 ,
designated by the Governor by proclamation made for the purposes of this
subclause.
(3) An employment
arrangement effected by subclause (1) or (2)—
(a) will
be taken to provide for continuity of employment without termination of the
relevant employee's service; and
(b) will
not affect—
(i)
existing conditions of employment or existing or accrued
rights to leave; or
(ii)
a process commenced for variation of those conditions or
rights.
IMVS is dissolved by force of this clause.
(1) Subject to this
Schedule, all assets (including any shares in any body corporate held by IMVS
and any business name registered under the Business Names Act 1996 ),
rights and liabilities of IMVS are transferred to an incorporated hospital
specified by the Governor by proclamation.
(2) The transfer of
assets, rights and liabilities under this clause operates by force of this
clause and despite the provisions of any other law.
(1) Subject to
subclause (2), all references in any instrument or contract, agreement or
other document to IMVS will have effect as if it were a reference to an
incorporated hospital specified by the Governor by proclamation.
(2) Subclause (1)
does not apply to any reference excluded by the Minister by notice in the
Gazette.
(3) Subclause (1)
has effect despite the provisions of any other law or instrument.
6—Procedures and proceedings—IMVS
Any procedure or proceedings commenced by or against IMVS before the
commencement of this clause but which had not been finally determined at the
commencement of this clause may be continued or completed by an incorporated
hospital or by the Minister (as determined by the Minister).
(1) Subject to this
Schedule, all assets (including any shares in any body corporate held by SAHS
or RGH and any business name registered under the Business Names Act 1996
but not including any real property), rights and liabilities of SAHS and RGH
related to the provision of medical pathology services under the name
SouthPath are transferred to an incorporated hospital specified by the
Governor by proclamation.
(2) The transfer of
assets, rights and liabilities under this clause operates by force of this
clause and despite the provisions of any other law.
(1) Subject to
subclause (2), all references in any instrument or contract, agreement or
other document to SAHS or RGH related to the provision of medical pathology
services under the name SouthPath will have effect as if it were a reference
to an incorporated hospital specified by the Governor by proclamation.
(2) Subclause (1)
does not apply to any reference excluded by the Minister by notice in the
Gazette.
(3) Subclause (1)
has effect despite the provisions of any other law or instrument.
(1) Subject to this
Schedule, all assets (including any shares in any body corporate held by CYWHS
and any business name registered under the Business Names Act 1996 but
not including any real property), rights and liabilities of CYWHS related to
the provision of medical pathology services under the name WCHDLM are
transferred to an incorporated hospital specified by the Governor by
proclamation.
(2) The transfer of
assets, rights and liabilities under this clause operates by force of this
clause and despite the provisions of any other law.
(1) Subject to
subclause (2), all references in any instrument or contract, agreement or
other document to CYWHS related to the provision of medical pathology services
under the name WCHDLM will have effect as if it were a reference to an
incorporated hospital specified by the Governor by proclamation.
(2) Subclause (1)
does not apply to any reference excluded by the Minister by notice in the
Gazette.
(3) Subclause (1)
has effect despite the provisions of any other law or instrument.
(1) The Minister may,
at any time after the commencement of this Schedule, by notice in the Gazette,
transfer an asset, right or liability transferred to an incorporated hospital
under clause 4, 7 or 9 to—
(a) the
Crown; or
(b) the
Minister; or
(c)
another agency or instrumentality of the Crown; or
(d) with
the agreement of the person or body—to a person or body that is not an
agency or instrumentality of the Crown.
(2) The transfer of
assets, rights and liabilities under this clause operates by force of this
clause and despite the provisions of any other law.
(1) Nothing done under
this Schedule—
(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)
—
(i)
terminates an agreement or obligation; or
(ii)
fulfils any condition that allows a person to terminate
an agreement or obligation; or
(iii)
gives rise to, or allows any person to exercise, any
other right or remedy; or
(f)
releases a surety or other obligee wholly or in part from an obligation.
(2) The
Registrar-General or another authority required or authorised under a law of
the State to register or record transactions affecting assets, rights or
liabilities, or documents relating to such transactions, must, on application
under this subclause, register or record in an appropriate manner a transfer
and vesting under this Schedule.
(3) The Governor may,
by regulation, make any other provision of a saving or transitional nature
consequent on the enactment of this Act.
(4) The
Acts Interpretation Act 1915 will, except to the extent of any
inconsistency with the provisions of this Schedule, apply with respect to the
amendments effected by this Act.