HEALTH SERVICES ACT 1988 - SECT 244 Definitions

HEALTH SERVICES ACT 1988 - SECT 244

In this Part—

"agency" means—

        (a)     a public hospital; or

        (b)     a public health service;

"effective date", in relation to an Order under this Part, means the date specified in the Order to be the effective date of that Order;

"instrument" includes a document and an oral agreement;

"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;

"old instrument" means an instrument subsisting immediately before the effective date of an Order under section 248—

        (a)     to which a transferring agency was a party; or

        (b)     that was given to or in favour of a transferring agency; or

        (c)     that refers to a transferring agency; or

        (d)     under which—

              (i)     money is, or may become, payable to or by a transferring agency; or

              (ii)     other property is to be, or may become liable to be, transferred to or by a transferring agency;

"property" means a legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

"receiving agency" means an agency to which property, rights or liabilities are transferred under this Part;

"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

"staff transfer date" in relation to a list referred to in section 263 means the date fixed by the Minister under section 262 as the staff transfer date for the purposes of that list;

"transferred hospital employee" means a person who, by reason of section 264 is regarded as being employed by a receiving agency with effect from the relevant staff transfer date;

"transferring agency" means an agency from which property, rights or liabilities are transferred under this Part.

S. 245 inserted by No. 52/2004 s. 51.