South Australian Consolidated Acts South Australian Consolidated ActsNotes
• Amendments of this version that are uncommenced are not
incorporated into the text.
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation repealed by principal
Act
The Health Care Act 2008 repealed the following:
South Australian Health Commission Act 1976
Legislation amended by principal Act
The Health Care Act 2008 amended the following:
Children's Protection Act 1993
Chiropractic and Osteopathy Practice Act 2005
Controlled Substances Act 1984
Family and Community Services Act 1972
Health and Community Services Complaints Act 2004
Institute of Medical and Veterinary Science Act 1982
Occupational Therapy Practice Act 2005
Physiotherapy Practice Act 2005
Public and Environmental Health Act 1987
Supported Residential Facilities Act 1992
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
2008 |
3 |
13.3.2008 |
10.4.2008 (Gazette 10.4.2008 p1294) except Pt 4 Div 1,
s 29 & Sch 2—15.5.2008 (Gazette 15.5.2008 p1645) and
except ss 18, 19, 26 & 27—5.6.2008 (Gazette 5.6.2008
p1869) and except Pt 2, ss 11—14, ss 20—25, 28,
30—32, 33(1)—(5), Pt 5 Divs 3—9,
Pts 6—10, ss 89—99, 101 & Sch 4—1.7.2008
(Gazette 26.6.2008 p2563) and except s 33(6) &
Sch 3—13.3.2010 (s 7(5) Acts Interpretation
Act 1915) |
|
|
2008 |
24 |
Statutes Amendment and Repeal (Institute of Medical and Veterinary
Science) Act 2008 |
26.6.2008 |
Pt 2 (ss 4—9)—1.7.2008 (Gazette 26.6.2008
p2553) |
|
2009 |
29 |
Statutes Amendment (Public Health Incidents and Emergencies) Act
2009 |
25.6.2009 |
Pt 7 (s 23)—25.6.2009 |
|
2009 |
84 |
Statutes Amendment (Public Sector Consequential Amendments) Act
2009 |
10.12.2009 |
Pt 75 (ss 176—180)—1.2.2010 (Gazette 28.1.2010
p320) |
|
2011 |
21 |
South Australian Public Health Act 2011 |
16.6.2011 |
Sch 1 (cl 9)—uncommenced |
|
2011 |
36 |
Statutes Amendment (Directors' Liability)
Act 2011 |
22.9.2011 |
Pt 11 (s 13)—1.1.2012 (Gazette 15.12.2011
p4988) |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended by 24/2008 s 4 |
1.7.2008 |
|
|
amended under Legislation Revision and Publication
Act 2002 |
1.1.2012 |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
1.1.2012 |
|
s 3 |
|
|
|
s 3(1) |
|
|
|
amended by 24/2008 s 5 |
1.7.2008 |
|
|
s 4 |
amended by 24/2008 s 6 |
1.7.2008 |
|
Pt 2 |
|
|
|
s 6 |
|
|
|
s 6(1) |
amended by 24/2008 s 7(1), (2) |
1.7.2008 |
|
s 7 |
|
|
|
s 7(1) |
amended by 24/2008 s 8 |
1.7.2008 |
|
Pt 5 |
|
|
|
s 31 |
|
|
|
s 31(1a) |
inserted by 24/2008 s 9 |
1.7.2008 |
|
|
amended by 84/2009 s 176 |
1.2.2010 |
|
s 34 |
|
|
|
s 34(3) |
amended by 84/2009 s 177 |
1.2.2010 |
|
s 34(14) |
|
|
|
public sector agency |
amended by 84/2009 s 177 |
1.2.2010 |
|
Pt 6 |
|
|
|
s 51 |
|
|
|
s 51(2) |
substituted by 29/2009 s 23 |
25.6.2009 |
|
|
amended by 21/2011 Sch 1 cl 9 |
uncommenced—not incorporated |
|
s 52 |
|
|
|
s 52(3) |
amended by 84/2009 s 178 |
1.2.2010 |
|
s 52(13) |
|
|
|
public sector agency |
amended by 84/2009 s 178 |
1.2.2010 |
|
Pt 11 |
|
|
|
s 89 |
deleted by 84/2009 s 179 |
1.2.2010 |
|
s 94 |
deleted by 36/2011 s 13 |
1.1.2012 |
|
Sch 2 |
|
|
|
cl 3 |
substituted by 84/2009 s 180 |
1.2.2010 |
|
Sch 4 |
|
|
|
Parts 1—19 |
omitted under Legislation Revision and Publication
Act 2002 |
1.1.2012 |
Transitional etc provisions associated with Act or
amendments
Statutes Amendment and Repeal (Institute of Medical
and Veterinary Science) Act 2008, Sch 1—Transitional
provisions
1—Interpretation
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.
2—Staff
(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.
3—Dissolution of IMVS
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.
5—References—IMVS
(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.
8—References—SouthPath
(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.
10—References—WCHDLM
(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.
11—Property
(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.
12—Other provisions
(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.
Historical versions
|
1.7.2008 |
|
|
25.6.2009 |
|
|
1.2.2010 |
|
|
13.3.2010 |
|