South Australian Consolidated Acts South Australian Consolidated ActsSchedule 4—Transitional provisions
Part 20—Transitional
provisions
34—Incorporated hospitals
(1) In this
clause—
SAHC hospital means an incorporated hospital under the South Australian Health
Commission Act 1976 in existence immediately before the commencement of
this clause.
(2) Subject to this
clause, a SAHC hospital continues as an incorporated hospital under this Act
(without affecting any function, power, accreditation or other aspect of the
operations of the hospital).
(3) To avoid doubt,
the board of directors of a SAHC hospital under section 29 of the South
Australian Health Commission Act 1976 will be dissolved on the
commencement of this clause.
(4) The Governor may,
by proclamation, designate a SAHC hospital as an incorporated hospital that is
not to continue under this Act.
(5) If the Governor
designates a hospital under subclause (4)—
(a) the
hospital is dissolved by force of this clause; and
(b) the
undertaking of the hospital, including its assets, rights and
liabilities—
(i)
will vest in or attach to a body, or will be divided
between 2 or more bodies, specified by the Governor by proclamation (according
to the terms of the proclamation);
(ii)
to the extent that any assets, rights or liabilities do
not fall within the ambit of a proclamation under
subparagraph (i)—will vest in or attach to the Minister.
(6) If a hospital is
dissolved under subclause (5), the Governor may, by proclamation, provide
for the continuity of employment of persons employed to perform functions in
connection with the operations or activities of the hospital (and the
proclamation will have effect according to its terms).
(7) Nothing that takes
effect under this clause—
(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)
terminates an agreement or obligation or fulfils any conditions that allows a
person to terminate an agreement or obligation, or give rise to any other
right or remedy; or
(f)
releases a surety or any other obligee wholly or in part from an obligation.
35—Incorporated health centres
(1) In this
clause—
SAHC health centre means an incorporated health centre under the
South Australian Health Commission Act 1976 in existence immediately
before the commencement of this clause.
(2) A SAHC health
centre is dissolved by force of this clause.
(3) The undertaking of
a SAHC health centre, including its assets, rights and liabilities—
(a) will
vest in or attach to a body, or will be divided between 2 or more bodies,
specified by the Governor by proclamation (according to the terms of the
proclamation);
(b) to
the extent that any assets, rights or liabilities do not fall within the ambit
of a proclamation under paragraph (a)—will vest in or attach to the
Minister.
(4) The Governor may,
by proclamation, provide for the continuity of employment of persons employed
to perform functions in connection with the operations or activities of a SAHC
health centre (the proclamation will have effect according to its terms).
(5) Nothing that takes
effect under this clause—
(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)
terminates an agreement or obligation or fulfils any conditions that allows a
person to terminate an agreement or obligation, or give rise to any other
right or remedy; or
(f)
releases a surety or any other obligee wholly or in part from an obligation.
(1) A by-law made by
the board of an incorporated hospital under section 38 of the South
Australian Health Commission Act 1976 in force immediately before the
commencement of this subclause will continue as a by-law under this Act (and
may then be altered or repealed under the provisions of this Act).
(2) Subclause (1)
does not apply to any by-laws excluded from the ambit of that subclause by
proclamation.
(3) Subject to
subclauses (4), (5) and (6), any by-law of a designated health centre under
section 57AA of the South Australian Health Commission Act 1976 in
force immediately before the dissolution of the health centre (including a
dissolution before the commencement of this subclause) will have full force
and effect pursuant to the provisions of this clause.
(4) The Minister may,
by notice in the Gazette, alter or repeal a by-law under subclause (3),
or make a substitute or new by-law in connection with any aspect of the former
undertaking of the relevant designated health centre (and may by subsequent
notice in the Gazette alter or repeal a by-law made under this subclause).
(5) Section 57AA
of the South Australian Health Commission Act 1976 will continue to apply
to any by-laws under subclause (3) or (4) subject to such modifications
as may be prescribed by the regulations (and the regulations will have effect
according to their terms).
(6) A by-law in force
under subclause (3) or (4) will expire by force of this subclause on the
second anniversary of the commencement of this subclause unless sooner
repealed by the Minister under subclause (4).
designated health centre means a health centre (including a health centre
dissolved before the commencement of this clause) designated by the Governor
by proclamation as a designated health centre for the purposes of this clause.
37—Private hospitals
(1) A licence in force
under Part 4A of the South Australian Health Commission Act 1976
immediately before the commencement of this clause will continue in force as a
licence under Part 10 of this Act (and will then be subject to the provisions
of this Act).
(2) An application
under Part 4A of the South Australian Health Commission Act 1976
that has not been finally determined under that Part before the commencement
of this clause will be taken to be an application under Part 10 of this Act
(and will be dealt with from the point reached at the time of commencement).
38—Disclosure of confidential information
(1) An authorisation
under section 64D of the South Australian Health Commission Act 1976 in
force immediately before the commencement of this clause will be taken to be
an authorisation under Part 7 of this Act on that commencement (even if not
within the ambit of a declaration of the Minister under that Part and
including for the purposes of any other Act).
(2) An authorisation
that continues under this Act by virtue of subclause (1) will expire on a
day fixed by the Minister by notice in the Gazette.
(3) The Minister may,
in acting under subclause (2)—
(a) fix
different days for different authorisations, or classes of authorisations; and
(b)
publish a series of notices for the purposes of fixing different days that are
to apply under that subclause.
(4) An authorisation
that does not expire under the terms of a notice under subclauses (2) and
(3) will expire in any event by force of this subclause on the third
anniversary of the commencement of this clause.
(5) The Minister may,
by notice in the Gazette, determine that a specified provision of Part 7 of
this Act will not apply to an authorisation during its continuation under this
clause (and the determination will have effect according to its terms).
(1) SAAS ceases to be
an association under the Associations Incorporation Act 1985 on the
commencement of this clause.
(2) The Governor may,
by proclamation, provide for the continuity of employment of persons employed
to perform functions in connection with the operations or activities of SAAS
(and the proclamation will have effect according to its terms).
(1) A licence in force
under the Ambulance Services Act 1992 immediately before its repeal by
this Act will remain in force for 12 months after the repeal of that Act.
(2) A licence referred
to in subclause (1)—
(a) will
be subject to those provisions of this Act prescribed by the regulations, with
any necessary or prescribed modifications; and
(b) will
authorise the holder of the licence to continue to provide services under the
terms and conditions of the licence while the licence remains in force; and
(c)
unless surrendered at an earlier time by the holder of the licence, will
expire at the expiration of 12 months after the commencement of this clause.
(3) An application for
a licence under Part 2 of the Ambulance Services Act 1992 that has
not been finally determined under that Part before the commencement of this
clause will be taken to be an application under Part 6 of this Act (and that
Part will apply in relation to the application subject to such modifications
as may be prescribed by the regulations).
(4) SAAS will not
require a licence under this Act.
41—Public and environmental health
(1) A notice,
application, decision, determination, authorisation or other act of the
Commission under the PEH Act will continue to have full force and effect as if
given, made or taken by the Chief Executive under that Act as amended by this
Act.
(2) Any right of
action or proceedings vested in or commenced by the Commission under the PEH
Act may be pursued or continued by the Chief Executive under that Act as
amended by this Act.
(3) The
Chief Executive may perform any other function or exercise any other power of
the Commission conferred on or vested in the Commission under the PEH Act
before its amendment by this Act.
(4) In this
clause—
Chief Executive means the Chief Executive under the PEH Act, as amended by
this Act;
Commission means the South Australian Health Commission;
PEH Act means the Public and Environmental Health Act 1987 .
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under subclause (1) may, if the regulation so provides,
take effect from the commencement of this Act or from a later day.
(3) To the extent to
which a provision takes effect under subclause (2) from a day earlier
than the day of the regulation's publication in the Gazette, the provision
does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4) The
Acts Interpretation Act 1915 will, except to the extent of any
inconsistency with the provisions of this Schedule (or regulations made under
this Schedule), apply to any amendment or repeal effected by this Act.