[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment and Repeal (Institute of Medical and
Veterinary Science) Bill 2008
A BILL FOR
An Act to amend the Health Care Act 2008 and to repeal the
Institute of Medical and Veterinary Science Act 1982.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Health Care
Act 2008
4 Amendment of long title
5 Amendment of section
3—Interpretation
6 Amendment of section 4—Objects of
Act
7 Amendment of section 6—Minister
8 Amendment of section
7—Chief Executive
9 Amendment of section 31—General powers of
incorporated hospital
Part 3—Repeal
10 Repeal of Institute of
Medical and Veterinary Science Act 1982
Schedule 1—Transitional
provisions
1 Interpretation
2 Staff
3 Dissolution of
IMVS
4 Property—IMVS
5 References—IMVS
6 Procedures and
proceedings—IMVS
7 Property—SouthPath
8 References—SouthPath
9 Property—WCHDLM
10 References—WCHDLM
11 Property
12 Other
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment and Repeal (Institute of
Medical and Veterinary Science) Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
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
Long title—after "private hospitals;" insert:
to assist with the provision of laboratory services and facilities
associated with veterinary science;
5—Amendment of
section 3—Interpretation
Section 3(1), definition of health service—after
paragraph (c) insert:
(ca) a research, pathology or diagnostic service associated with
veterinary science; or
6—Amendment of
section 4—Objects of Act
Section 4, paragraph (b)—after "injury" insert:
and to facilitate efficiencies through the use of certain facilities for
veterinary science
7—Amendment of
section 6—Minister
(1) Section 6(1)(g)(i)—after "health services" insert:
, including through the provision of facilities or other forms of support
to a university or other institution, authority or person considered to be
appropriate by the Minister
(2) Section 6(1)—after paragraph (k) insert:
(ka) to provide and maintain such services or facilities as another
Minister may request in connection with the field of veterinary
science;
8—Amendment of
section 7—Chief Executive
Section 7(1)—after paragraph (h) insert:
(ha) to facilitate the provision of laboratory, research or other similar
facilities, including on account of a request by a Minister under
section 6(1)(ka);
9—Amendment of
section 31—General powers of incorporated hospital
Section 31—after subsection (1) insert:
(1a) Without limiting subsection (1), an incorporated hospital may
undertake the following functions:
(a) to undertake or facilitate—
(i) the commercial exploitation of knowledge arising from its activities;
or
(ii) the commercial development of its services, functions or
expertise;
(b) to produce and sell instruments or other equipment for use
in—
(i) the provision of medical services, including medical diagnostic
services; or
(ii) the teaching of medical science; or
(iii) scientific research;
(c) to provide consultancy services;
(d) to provide and maintain a drug and alcohol testing service for such
persons as the hospital thinks fit;
(e) to conduct a testing service for the purpose of determining parentage
or other human genetic relationships;
(f) to provide and maintain such services or facilities as a Minister may
require in relation to—
(i) veterinary laboratory services, or services to veterinary surgeons in
private practice, or other veterinary services provided by a public sector
agency within the meaning of the Public Sector Management Act 1995;
or
(ii) research in the field of veterinary science;
(g) to conduct such other activities considered appropriate by the
Minister that can be efficiently or effectively managed through the use of
hospital facilities and resources.
10—Repeal of
Institute of Medical and Veterinary Science
Act 1982
The Institute of Medical and Veterinary Science Act 1982 is
repealed.
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.