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FACT SHEET
Tasmanian Health Organisations Amendment Bill 2012
The Bill addresses urgent technical matters and necessary clarifications identified in
implementation planning for the commencement of the Tasmanian Health
Organisations Act 2011 on 1 July 2012, to remove any doubt as to the operation of
the Act through amendments in relation to transitional regulation making powers,
contracts and occupation agreements in the Crown's name, and transfer provisions.
The Bill:
addresses contract and lease issues that have been identified. A key
amendment is to ensure liabilities incurred by or damages suffered by
Tasmanian Health Organisations in relation to Crown contracts are
recoverable by the Crown. A further amendment clarifies the position in
relation to Crown leases.
provides a power to make regulations in relation to savings and transitional
provisions. This provides a mechanism through subordinate legislation to
deal with any emerging minor savings and transitional matters that may
arise in future, and is consistent with the power in other significant
legislative reforms. The power could not in itself be used to remedy
significant issues with the contract and transfer provisions, hence the
separate amendments to those areas.
amend the transitional provisions in the Principal Act to make the
necessary clarifications to the power to transfer contracts in relation to
Tasmanian Health Organisations.
By addressing these technical matters to clarify any doubt that may otherwise arise,
the Bill promotes the objectives of the Principal Act which establishes Tasmanian
Health Organisations as independent service providers under the State's system
management and purchasing role in relation to health services.
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