Health Care Act 2008 (SA)

South Australia Health Care Act 2008 An Act to provide for the administration of hospitals and other health services; to establish the Health Performance Council and Health Advisory Councils; to establish systems to support the provision of high-quality health outcomes; to provide licensing systems for ambulance services and private hospitals; to assist with the provision of laboratory services and facilities associated with veterinary science; and for other purposes.

Contents 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 1 Chairperson and Deputy Chairperson 2 Deputies 3 Term of office 4 Allowances 5 Vacancy in office of member 6 Procedures of HPC 7 Committees and subcommittees Schedule 2—Health Advisory Councils 1 Term of office 2 Vacancy in office of member 3 Application of Public Sector (Honesty and Accountability) Act 4 Presiding member 5 Procedures 6 Committees and subcommittees 7 Interpretation Schedule 3—Governing boards for incorporated hospitals 1 Chairperson and Deputy Chairperson 2 Term of office 3 Remuneration 4 Removal from office 5 Vacancy in office of member 5A Requirement to publish 6 Validity of acts 7 Public meetings 8 Procedures 9 Committees and subcommittees 10 Appointment of advisers 11 Functions of advisers 12 Dismissal of governing board 13 Administrators 14 Use of facilities etc Schedule 3A—Dissolution of Health Advisory Councils 1 Preliminary 2 Dissolution of Health Advisory Councils 3 HAC members 4 Property to be transferred 5 General provisions Schedule 4—Transitional provisions Part 20—Transitional provisions 34 Incorporated hospitals 35 Incorporated health centres 36 By-laws 37 Private hospitals 38 Disclosure of confidential information 39 SAAS 40 Licences—ambulances 41 Public and environmental health 42 Other provisions Legislative history