North West Maternity (Employee Entitlements) Act 2023 (Tas)

North West Maternity (Employee Entitlements) Act 2023

An Act to provide for the transfer of certain employees of the North West Private Hospital in order to facilitate the transfer of maternity services at that hospital to the Department of Health [Royal Assent 16 October 2023]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the North West Maternity (Employee Entitlements) Act 2023 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Interpretation In this Act, unless the contrary intention appears – eligibility notice means a notice given to a person under section 4 ; eligible employee means a person who is given an eligibility notice under section 4 ; former employer means Healthe Care Burnie Pty Ltd (ABN 34 121 815 807); transfer notice, in relation to an eligible employee, means the notice given to the employee under section 7(1) ; transfer period means the period commencing on 4 December 2023 and ending on 31 May 2024, inclusive.

PART 2 - Transfer Process

4. Minister to determine eligibility to transfer (1) The Minister may give a person notice, in writing, that the person is eligible to transfer, under this Act, to the Department as a State Service employee if, at the time at which the notice is given, the person – (a) is an employee of the former employer; and (b) is employed, by the former employer, to work at the private hospital, within the meaning of the Health Service Establishments Act 2006, that – (i) is located at 21 Brickport Road, Burnie; and (ii) operates under the registered business name of North West Private Hospital. (2) A notice given under subsection (1) – (a) is to be in such form as the Minister determines; and (b) may be given before, or during, the transfer period; and (c) may specify, but is not required to specify, the terms and conditions that apply to the transfer of the eligible employee. (3) The Minister may withdraw an eligibility notice, given to an eligible employee under this section, at any time before the eligible employee makes an election under section 5 in respect of the notice.