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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Health Care (Privatisation of Health Services) Amendment
Bill 2020
A BILL FOR
An Act to amend the
Health
Care Act 2008
.
Contents
Part 2—Amendment of Health Care
Act 2008
3Amendment of section
29—Incorporation
94Privatisation of
health services
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Health Care (Privatisation of Health
Services) Amendment Act 2020.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Health Care
Act 2008
3—Amendment
of section 29—Incorporation
Section 29—after subsection (5) insert:
(5a) A proclamation
must not be made—
(a) under subsection (5)(b) dissolving an incorporated hospital;
or
(b) under subsection (6)(a)(iv) by virtue of which an asset of an
incorporated hospital is transferred to a person or body that is not an agency
or instrumentality of the Crown,
except in accordance with a resolution passed by both Houses of
Parliament.
(5b) Notice of a motion for a resolution under
subsection (5a)
must be given at least 14 sitting days before the motion is
passed.
After section 93 insert:
94—Privatisation of health
services
(1) An asset or
service that a public provider of health services owns, controls or has
responsibility for on the commencement date must not be privatised unless the
Governor publishes a notice in the Gazette privatising the health asset or
service.
(2) The Governor
cannot publish a notice under
subsection (1)
except in accordance with a resolution passed by both Houses of
Parliament.
(3) Notice of a motion for a resolution under
subsection (2)
must be given at least 14 sitting days before the motion is
passed.
(4) In this section—
commencement date means the date on which this Act is
assented to by the Governor;
designated contract means a contract for the provision of
health services of a value of $5 million or less (or such greater value as
is prescribed by regulation) to a public provider;
minor asset, in relation to an asset owned or controlled by a
public provider of health services, means an asset of a value of $5 million
or less (or such greater value as is prescribed by regulation);
minor lease, in relation to property owned or controlled by a
public provider of health services, means a lease granted over the
property—
(a) for a period of 5 years or less (or such longer period as is
prescribed by regulation); and
(b) for a value of $5 million or less (or such greater value as is
prescribed by regulation);
privatise, in relation to an asset or service that a public
provider of health services owns, controls or has responsibility for, means to
sell or transfer ownership or control of, or responsibility for, the asset or
service to a health service provider that is not a public provider of health
services, but does not include—
(a) the granting of a designated contract for the provision of health
services; or
(b) the granting of a minor lease; or
(c) the sale, transfer or disposal of a minor asset;
public provider means—
(a) an incorporated hospital; or
(b) SA Pathology; or
(c) SAAS; or
(d) any other public sector agency (within the meaning of the
Public
Sector Act 2009
) that provides health services in this State.