HEALTH CARE ACT 2008
HEALTH CARE ACT 2008
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
3. Interpretation
4. Objects of Act
5. Principles
PART 2--Minister and Chief Executive
6. Minister
7. Chief Executive
8. Delegations
PART 3--Health Performance Council
9. Establishment of Health Performance Council
10. Provisions relating to members, procedures and committees and subcommittees
11. Functions of HPC
12. Annual report
13. 4-yearly report
14. Use of facilities
PART 4--Health Advisory Councils
Division 1--Establishment of Councils
15. Establishment of Councils
16. Status
17. Constitution and rules
Division 2--Functions and powers
18. Functions
19. Specific provisions in relation to powers
Division 3--Related matters
20. Specific provisions in relation to property
21. Accounts and audit
22. Annual report
23. Use of facilities
24. Delegations
25. Access to information
26. Common seal
27. Schedule 2 has effect
28. Administration
PART 4A--Service agreements
28A. Preliminary
28B. Service agreement with Chief Executive
28C. General provisions about service agreements
PART 5--Hospitals
Division 1--Incorporation
29. Incorporation
30. Hospital to serve the community
31. General powers of incorporated hospital
32. Common seal
Division 1A--Transfer of functions etc between incorporated hospitals
32A. Transfer of functions etc between incorporated hospitals
Division 2--Management arrangements
33. Governance and management arrangements
33A. Engagement strategies
33B. Composition of governing boards for incorporated hospitals
33C. Members of governing boards for incorporated hospitals to act in public interest
33D. Disclosure of pecuniary or personal interest
33E. Chief executive officer for incorporated hospital
33F. Provisions relating to members, procedures, committees and subcommittees etc
Division 3--Employed staff
34. Employed staff
35. Superannuation and accrued rights etc
Division 4--Accounts, audits and reports
36. Accounts and audit
37. Annual report
Division 5--Sites, facilities and property
38. Ability to operate at various sites
39. Ability to provide a range of services and facilities
Division 6--Delegations
41. Delegations
Division 7--By-laws and removal of persons
42. By-laws
43. Removal of persons
Division 8--Fees
44. Fees
Division 9--Rights of hospitals against insurers
45. Interpretation
46. Report of accidents to which this Division applies
47. Notice by designated entity to insurer
48. First claim of designated entity
Division 10--Inspectors
48A. Inspectors
PART 5A--Health access zones
48B. Interpretation
48C. Object and application of Part
48D. Certain behaviour prohibited in health access zones
48E. Police officer may direct person to leave health access zone
48F. Offence to publish or distribute recording
PART 6--Ambulance services
Division 1--South Australian Ambulance Service (SAAS)
49. Continuation of SAAS
50. Management arrangements
51. Functions and powers of SAAS
52. Employed staff
52A. SAAS workforce culture and staff wellbeing
53. Accrued rights for employees
54. Delegation
55. Accounts and audit
56. Annual report
Division 2--Provision of ambulance services
57. Emergency ambulance services
58. Licence to provide non-emergency ambulance services
Division 3--Miscellaneous
59. Fees
60. Holding out etc
61. Power to use force to enter premises
62. Exemptions
PART 7--Quality improvement and research
63. Preliminary
64. Declaration of authorised activities and authorised persons
65. Provision of information
66. Protection of information
67. Protection from liability
PART 8--Analysis of adverse incidents
68. Preliminary
69. Appointment of teams
70. Restrictions on teams
71. Provision of information
72. Reports
73. Protection of information
74. Immunity provision
75. Victimisation
PART 9--Testamentary gifts and trusts
76. Interpretation
77. Application of Part
78. Testamentary gifts and trusts
PART 10--Private hospitals
79. Prohibition of operating private hospitals unless licensed
80. Application for licence
81. Grant of licence
82. Conditions of licence
83. Offence for licence holder to contravene Act or licence condition
84. Duration of licences
85. Transfer of licence
86. Surrender, suspension and cancellation of licences
87. Review of decision or order of Minister
88. Inspectors
PART 10A--Private day procedure centres
89. Preliminary
89A. Standards of construction, facilities and equipment
89B. Prohibition on providing prescribed health services unless licensed
89C. Private day procedure centre licence
89D. Conditions of licence
89E. Offence for licence holder to contravene Act or licence condition
89F. Duration of licences
89G. Transfer of licence
89H. Surrender, suspension and cancellation of licences
89I. Review of decision or order of Minister
89J. Inspectors
89K. Vicarious liability
PART 11--Miscellaneous
89L. Other staffing arrangements
90. Recognised organisations
90A. Acquisition of property
91. Duty of Registrar-General
92. Conflict of interest
93. Confidentiality
95. General defence
96. Evidentiary provision
97. Administrative acts
98. Forms of Ministerial approvals
99. Gift funds established by Minister
99A. Fees
100. Regulations
102. Review of Act
SCHEDULE 1--Health Performance Council
SCHEDULE 2--Health Advisory Councils
SCHEDULE 3--Governing boards for incorporated hospitals
SCHEDULE 3A--Dissolution of Health Advisory Councils
SCHEDULE 4--Transitional provisions
Legislative history
