HOSPITAL FOUNDATIONS ACT 2018 - As at 1 February 2024 - Act 5 of 2018
- As at 1 February 2024
- Act 5 of 2018
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Main purpose of Act
- 4 How main purpose is primarily achieved
- 5 Act binds all persons
- 6 Definitions
PART 2 - FOUNDATIONS GENERALLY
Division 1 - Objects
- 7 Objects for which foundation may hold and manage property
Division 2 - Establishment
- 8 Applying for establishment of foundation
- 9 Requirements for application
- 10 Minister may ask for additional information or documents
- 11 Deciding application
- 12 Establishment of foundations
- 13 Legal status of foundations
Division 3 - Functions and powers
- 14 Functions
- 15 Performance of functions
- 16 Powers
- 17 Particular powers
Division 4 - Administration
- 18 Employment of staff
- 19 Alternative staffing arrangements
- 20 Use of Hospital and Health Service premises
- 21 Authentication of documents
- 22 Change of registered objects
Division 5 - Application of particular Acts
PART 3 - BOARDS
Division 1 - Establishment, functions, powers and membership of boards
- 27 Establishment
- 28 Functions
- 29 Powers of board
- 30 Membership
- 31 Chairperson and deputy chairperson
- 32 Term of appointment
- 33 Disqualification from becoming member
- 34 Removal from office
- 35 Vacancy in office
Division 2 - Criminal history
- 36 Criminal history report
- 37 Changes in criminal history must be disclosed
- 38 Confidentiality of criminal history information
Division 3 - Business and meetings
- 39 Conduct of business
- 40 Presiding at meetings
- 41 Quorum at meetings
- 42 Conduct of meetings
- 43 Minutes
- 44 Validity of decisions
Division 4 - Other provisions about boards and members
- 45 Disclosure of interests at board meeting
- 46 Member to act in foundation’s interest
PART 4 - OVERSIGHT OF FOUNDATIONS AND BOARDS
Division 1 - Interaction between Minister and foundations
- 47 Board must notify Minister about particular matters
- 48 Minister may require information or documents
Division 2 - Administrators
- 49 Removal of all board members
- 50 Appointment of administrator
- 51 Term and role of administrator
PART 5 - FINANCIAL PROVISIONS
Division 1 - Preliminary
Division 2 - Special financial arrangements
- 53 Foundation may enter into special financial arrangement
Division 3 - Derivative transactions
- 54 Derivative transactions permitted only for certain foundations
- 55 Requirement to report to Minister about derivative transactions
Division 4 - Minister’s approval for special financial arrangements or derivative transactions
Subdivision 1 - General approvals
- 56 Approval may be general in nature
Subdivision 2 - Specific approvals
- 57 Application for approval
- 58 Minister may ask for information or documents
- 59 Deciding application
- 60 Minister may give approval for other foundations
- 61 Minister may amend or repeal approval
- 62 Register about approvals
Division 5 - Offence
- 63 False or misleading documents
Division 6 - Miscellaneous
PART 6 - LEGAL PROCEEDINGS
- 67 Application of part
- 68 Proceedings for offences
- 69 Appointments and authority
- 70 Signatures
- 71 Other evidentiary aids
PART 7 - ENDING FOUNDATIONS
- 72 Removal from register
- 73 Dissolution
- 74 Status of particular property on dissolution of foundation
- 75 Property held on trust on dissolution of foundation
- 76 Distribution of surplus property
- 77 Effect of dissolution on offices
PART 8 - MISCELLANEOUS
- 78 Amalgamation of foundations
- 79 Register of foundations
- 80 Delegations
- 81 Protection of members from civil liability
- 82 Approval of forms
- 83 Regulation-making power
PART 9 - REPEAL AND TRANSITIONAL PROVISIONS
Division 1 - Repeal provision
Division 2 - Transitional provisions
- 85 Definitions for division
- 86 Continuation of body corporate established under repealed Act as foundation
- 87 Continuation of register
- 88 Replacement of objects registered under repealed Act
- 89 Continuation of boards and members
- 90 Assets and liabilities
- 91 Property previously given
- 92 Status of particular land
