{"id":"health-services-charitable-gifts-act-2011","name":"Health Services Charitable Gifts Act 2011","slug":"health-services-charitable-gifts-act-2011","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":80434,"registerId":"sa-health-services-charitable-gifts-act-2011-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Services Charitable Gifts Act 2011","content":"South Australia\nHealth Services Charitable Gifts Act 2011\nAn Act to establish the Health Services Charitable Gifts Board; to provide for the administration of gifts to public health entities; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tPublic health entity\nPart 2—Health Services Charitable Gifts Board\n5\tEstablishment of Board\n6\tRemoval from office\n7\tCasual vacancies\n8\tActing Commissioner\n9\tProcedures\n10\tVacancies or defects in appointment of Commissioners\n11\tRemuneration\n12\tExecutive officer\n13\tStaff of Board\n14\tPayment of remuneration, expenses etc\nPart 3—Functions of Board\n15\tFunctions\n16\tCertain gifts vest in Board as part of charitable assets\n17\tPublic health entity may transfer property to the Board\n18\tApplication of charitable assets\n19\tHAC may apply to transfer property to Board\n20\tBoard may establish charitable health trusts\n21\tBoard may act as trustee or co‑trustee\n22\tTrusts administered by Board\n23\tBoard to meet with public sector employee nominated by Minister\nPart 4—Miscellaneous\n24\tAdvisory committees\n25\tTown Acre 86 fund\n26\tBoard to transfer specified property to HAC on application\n27\tDuty of Registrar‑General\n28\tNo duty or tax payable\n29\tAccounts and audit\n30\tReports\n31\tDelegations\n32\tRegulations\nSchedule 1—Specified bodies\n1\tSpecified bodies (section 16)\nSchedule 2—Transitional provisions\nPart 2—Transitional provisions\n2\tPreliminary\n3\tCommissioners continue in office\n4\tVesting of property\n5\tValidation of past acts etc\n6\tIntellectual Disability Services Council and Metropolitan Domiciliary Care Services trusts\n7\tOther matters\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Health Services Charitable Gifts Act 2011.\n3—Interpretation\nIn this Act—\nBoard means the Health Services Charitable Gifts Board established under section 5;\ncharitable assets means the property vested in, or transferred to, the Board under section 16 or transferred to the Board under section 17;\nCommissioner—see section 5(3);\nHAC means a Health Advisory Council established under the Health Care Act 2008;\nhealth service has the same meaning as in the Health Care Act 2008;\nprescribed research body means a person or organisation that is involved in health or medical research and is prescribed by regulation for the purposes of this definition;\nproperty means real or personal property including—\n\t(a)\ta chose in action; and\n\t(b)\ta legal or equitable estate or interest in the property;\npublic health entity—see section 4;\nrepealed Act means the Public Charities Funds Act 1935.\n4—Public health entity\n\t(1)\tSubject to subsection (2), the Governor may by proclamation declare an entity, or part of an entity, engaged in the provision of a health service to be a public health entity for the purposes of this Act.\n\t(2)\tA proclamation under this section may not declare—\n\t(a)\ta HAC; or\n\t(b)\ta prescribed research body; or\n\t(c)\ta private hospital within the meaning of the Health Care Act 2008; or\n\t(d)\tan entity, or part of an entity, that is not eligible, under the Income Tax Assessment Act 1997 of the Commonwealth, to receive income tax deductible gifts,\nto be a public health entity for the purposes of this Act.\nPart 2—Health Services Charitable Gifts Board\n5—Establishment of Board\n\t(1)\tThe Commissioners of Charitable Funds established as a body corporate under the repealed Act continues in existence as the Health Services Charitable Gifts Board.\n\t(2)\tThe Board—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tis capable of suing and being sued; and\n\t(d)\thas all the powers of a natural person that are capable of being exercised by a body corporate; and\n\t(e)\thas the functions and powers assigned or conferred by or under this or any other Act.\n\t(3)\tThe Board consists of 3 members (the Commissioners) nominated by the Minister and appointed by the Governor of whom—\n\t(a)\t1 must have legal expertise and experience deemed suitable by the Minister; and\n\t(b)\t2 must have expertise in the area of trusts or financial management, or other expertise, knowledge or experience deemed suitable by the Minister.\n\t(4)\tA Commissioner will hold office for a period of 3 years on conditions approved by the Governor.\n\t(5)\tA Commissioner is eligible for re‑appointment to the Board at the expiration of a term of office.\n6—Removal from office\nThe Governor may remove a Commissioner from office—\n\t(a)\tfor breach of, or non‑compliance with, a condition of appointment; or\n\t(b)\tfor misconduct; or\n\t(c)\tfor failure or incapacity to carry out official duties satisfactorily.\n7—Casual vacancies\n\t(1)\tThe office of a Commissioner becomes vacant if the Commissioner—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not re‑appointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or\n\t(e)\tis removed from office under section 6.\n\t(2)\tIf the office of a Commissioner becomes vacant before the expiration of his or her term of office, the person who fills the vacancy will hold office for the balance of that term.\n8—Acting Commissioner\n\t(1)\tIf—\n\t(a)\tthe office of a Commissioner has become vacant; or\n\t(b)\ta Commissioner has been, or is to be, absent from 2 or more consecutive meetings of the Board,\nthe Minister may nominate a person for appointment as an acting Commissioner.\n\t(2)\tAn acting Commissioner will be appointed by the Governor on conditions approved by the Governor.\n\t(3)\tAn acting Commissioner—\n\t(a)\tin the case of an acting Commissioner appointed under subsection (1)(a)—holds office until a person is appointed under section 5 to fill the vacancy; or\n\t(b)\tin the case of an acting Commissioner appointed under subsection (1)(b)—holds office for the duration of the absence of the Commissioner referred to in subsection (1)(b).\n\t(4)\tSections 6 and 7 apply to an acting Commissioner as if he or she were appointed under section 5.\n9—Procedures\n\t(1)\tThe Commissioners must appoint 1 of their number as the Chair of the Board.\n\t(2)\tA quorum of the Board consists of 2 Commissioners.\n\t(3)\tA decision carried by a majority of the votes cast by the Commissioners present at a meeting of the Board is a decision of the Board.\n\t(4)\tA conference by telephone or other electronic means between the Commissioners will, for the purposes of this section, be taken to be a meeting of the Board at which the participating Commissioners are present if—\n\t(a)\tnotice of the conference is given to all Commissioners in the manner determined by the Board for the purpose; and\n\t(b)\teach participating Commissioner is capable of communicating with every other participating Commissioner during the conference.\n\t(5)\tA proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—\n\t(a)\tnotice of the proposed resolution is given to all Commissioners in accordance with procedures determined by the Board; and\n\t(b)\ta majority of the Commissioners express concurrence in the proposed resolution by letter, fax, email or other written communication setting out the terms of the resolution.\n\t(6)\tThe Board must have accurate minutes kept of its meetings.\n\t(7)\tSubject to this Act, the Board may determine its own procedures.\n10—Vacancies or defects in appointment of Commissioners\nAn act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a Commissioner.\n11—Remuneration\nA Commissioner is entitled to remuneration, allowances and expenses determined by the Governor.\n12—Executive officer\n\t(1)\tThere will be an executive officer of the Board.\n\t(2)\tThe executive officer will be appointed by the Board on terms and conditions determined by the Board.\n13—Staff of Board\n\t(1)\tThe Board may appoint staff for the purposes of this Act.\n\t(2)\tThe terms and conditions of employment of a person appointed under subsection (1) will be determined by the Board after consultation with the Chief Executive of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of the Health Care Act 2008.\n\t(3)\tStaff of the Board are subject to the direction of the executive officer.\n\t(4)\tThe Board may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of an administrative unit or an instrumentality or agency of the Crown.\n14—Payment of remuneration, expenses etc\n\t(1)\tAny—\n\t(a)\tremuneration, allowance or expense payable to a Commissioner, the executive officer or staff of the Board; or\n\t(b)\texpense incurred by the Board in the performance of its functions under this Act,\nis to be paid out of the funds or trusts held by the Board under this Act.\n\t(2)\tAmounts to be paid under subsection (1) must be deducted from the funds or trusts in accordance with guidelines, determined by the Board and published in the Gazette, relating to the payment of such amounts.\nPart 3—Functions of Board\n15—Functions\nThe functions of the Board are as follows:\n\t(a)\tto prudentially manage the charitable assets and apply such assets for the benefit of public health entities or otherwise in accordance with this Act;\n\t(b)\tto act as a trustee in relation to certain other property in accordance with this Act;\n\t(c)\tto determine, after consultation with any person or body considered appropriate by the Board, appropriate investment strategies for the charitable assets and other property vested in the Board under this Act;\n\t(d)\tto consult with any person or body considered appropriate by the Board on the application of funds by the Board under this Act and, in the case of funds to be applied for the purposes of clinical equipment or research, to consult with any prescribed research body and any advisory committee established under this Act for the purpose of advising the Board on such an application of funds;\n\t(e)\tto fulfil any fiduciary and other duties that arise out of the functions of the Board under this Act;\n\t(f)\tto provide advice to the Minister as may be appropriate;\n\t(g)\tto carry out other functions assigned to the Board by or under this or any other Act, or by the Minister.\n16—Certain gifts vest in Board as part of charitable assets\n\t(1)\tSubject to this section, a prescribed gift vests in the Board as part of the charitable assets.\n\t(2)\tWhere a prescribed gift consists of property given by deed, will, or otherwise, to an executor, trustee or other person in trust—\n\t(a)\tthe property must be transferred to the Board by the executor, trustee or other person; and\n\t(b)\tthe Board must provide a receipt for the property so transferred (and provision of the receipt by the Board discharges the executor, trustee or other person in respect of the property).\n\t(3)\tSubsection (1) does not apply to property given to a public health entity in the following circumstances:\n\t(a)\tif the property is a chattel of a tangible nature and given to a public health entity for the use of staff or patients of the entity (unless the public health entity has made a written request to the Board that the gift, or gifts of that class, be subject to subsection (1));\n\t(b)\tif the property is of a prescribed kind and given to a public health entity in a prescribed manner (unless the Minister and the entity agree that the property is to be subject to subsection (1)).\n\t(4)\tA public health entity may apply to the Minister for an exemption from subsection (1) in respect of gifts made from an organisation whose primary purpose is to benefit the particular public health entity.\n\t(5)\tThe Minister may grant an exemption under subsection (4) if the Minister considers it appropriate to do so in the circumstances.\n\t(6)\tAn exemption granted under subsection (4) may be made subject to conditions determined by the Minister.\n\t(7)\tIn this section—\nprescribed gift means—\n\t(a)\tproperty given to a public health entity; or\n\t(b)\tproperty given (or purportedly given) to a body specified in Schedule 1 clause 1; or\n\t(c)\tproperty given by deed, will or otherwise, to an executor, trustee or other person in trust for a public health entity; or\n\t(d)\tproperty given (or purportedly given) by deed, will or otherwise, to an executor, trustee or other person in trust for a body specified in Schedule 1 clause 1.\n\t(8)\tTo avoid doubt, this section only applies to prescribed gifts occurring after the commencement of this Act.\n17—Public health entity may transfer property to the Board\n\t(1)\tA public health entity may, with the agreement of the Board, transfer designated property to the Board and on such transfer the property becomes part of the charitable assets for the purposes of this Act.\n\t(2)\tIn this section—\ndesignated property means property given to a public health entity before the commencement of this Act or before the entity was declared to be a public health entity under this Act.\n18—Application of charitable assets\n\t(1)\tSubject to this Act, the Board may apply the charitable assets for the benefit of a public health entity or a prescribed research body.\n\t(2)\tOnce a gift by a donor to, or for the benefit of, an entity or body (the donee) has become part of the charitable assets by virtue of this Act, the Board—\n\t(a)\tholds the gift free from any trust to which the gift may have been subject prior to becoming part of the charitable assets; and\n\t(b)\tmay give the whole or part of the gift to any public health entity or prescribed research body (provided that, in so doing, the Board complies with the requirements of subsection (3)).\n\t(3)\tIn managing and applying a portion of the charitable assets attributable to a particular donor, the Board—\n\t(a)\tmust consider the intent, as far as it may be reasonably ascertained, of the donor; and\n\t(b)\tso far as is reasonably practicable, must apply the portion in a manner that the Board considers is most likely to achieve the intention of the donor; and\n\t(c)\tif the donee remains in existence at the relevant time as a public health entity or prescribed research body—may only apply the portion to some other public health entity or prescribed research body if the Board first consults the donee in such manner as the Board thinks fit.\n\t(4)\tIn managing and applying the charitable assets the Board does not act as a trustee but the regulations may specify fiduciary and other duties to be observed by the Board in managing and applying such assets.\n19—HAC may apply to transfer property to Board\n\t(1)\tA HAC may make a request in writing to the Minister for permission to transfer property to the Board to hold on trust for the benefit of a specified public health entity, or part of a public health entity.\n\t(2)\tThe Minister may grant a request if the Minister considers it appropriate to do so in the circumstances.\n\t(3)\tIf the Minister grants a request under this section, the property is, on such grant, vested in the Board by operation of this section.\n\t(4)\tDespite any other provision of this Act, property vested in the Board under this section—\n\t(a)\tis free from any trust to which the property may have been subject prior to being so vested; and\n\t(b)\tis held on trust by the Board for the benefit of the entity, or part of the entity, specified in the request.\n\t(5)\tThe Minister may, on application by the HAC or on his or her own initiative, revoke a decision under subsection (2) and require the Board to—\n\t(a)\tif none of the property has been applied in accordance with this Act—transfer to the HAC the property (or an amount of money determined by the Minister to be equal to the value of the property) and an amount representing interest earned by the Board on the property (determined by the Minister after consultation with the Board); or\n\t(b)\tif part of the property has been applied in accordance with this Act—transfer to the HAC the remaining part of the property (or an amount of money determined by the Minister to be equal to the value of that part of the property) and an amount representing interest earned by the Board on that part of the property (determined by the Minister after consultation with the Board).\n\t(6)\tTo avoid doubt, a revocation by the Minister under subsection (5) does not revive any trust to which the property was subject prior to being vested in the Board.\n20—Board may establish charitable health trusts\n\t(1)\tThe Minister may direct the Board to establish a trust on terms determined by the Minister (a charitable health trust).\n\t(2)\tThe Minister may transfer property of the Crown to the Board to hold on trust for the purposes of a charitable health trust.\n\t(3)\tThe Board may only invest any funds transferred to the Board in accordance with subsection (2) in a manner determined by the Minister with the agreement of the Treasurer.\n\t(4)\tThe Minister may determine that prescribed property should, instead of being held by the Board as part of the charitable assets, be held by the Board on trust for the purposes of a particular charitable health trust (and, on such a determination being made, the property will be taken to be held by the Board for the purposes of the charitable health trust and will not form part of the charitable assets).\n\t(5)\tThe Minister may—\n\t(a)\tvary the terms of a charitable health trust; or\n\t(b)\tdirect the Board to wind up a charitable health trust in accordance with any requirements prescribed by the regulations and any other directions of the Minister.\n\t(6)\tThe Board must, at the request of the Minister, provide advice to the Minister in relation to a charitable health trust.\n\t(7)\tA person nominated by the Minister, or a delegate of that person, may be present at a meeting of the Board when the Board is discussing matters relating to a beneficiary of a charitable health trust at the meeting.\n\t(8)\tThe regulations may make further provision in relation to the establishment of charitable health trusts generally, or a particular charitable health trust.\n\t(9)\tIn this section—\nprescribed property means property that—\n\t(a)\tis prescribed by regulation and was given in a manner prescribed by regulation; and\n\t(b)\twas held by the Commissioners of Charitable Funds immediately before the commencement of Schedule 2 (and vested in the Board as part of the charitable assets on the commencement of Schedule 2),\nbut does not include property given (or purportedly given) to or for the benefit of a body specified in Schedule 1 clause 1.\n21—Board may act as trustee or co‑trustee\nThe Board may act as a trustee or co‑trustee in respect of a trust where the Board is named or otherwise asked to act as a trustee or co‑trustee.\n22—Trusts administered by Board\nTo avoid doubt, if property is held on trust by the Board under section 19, 20 or 21—\n\t(a)\tthe property does not form part of the charitable assets; and\n\t(b)\tthe Trustee Act 1936 (subject to any exclusions or modifications prescribed by regulation) applies in relation to such trusts.\n23—Board to meet with public sector employee nominated by Minister\n\t(1)\tThe Minister must, with the agreement of the Treasurer, nominate a public sector employee (with expertise, knowledge or experience deemed suitable by the Minister) for the purposes of this section.\n\t(2)\tThe Board must, on a quarterly basis, meet with the person nominated by the Minister for the purpose of receiving advice and recommendations from the nominee on the exercise of the Board's functions in relation to the Board's investment portfolio, investment objectives and strategies, and related matters.\n\t(3)\tFor the purposes of a meeting under subsection (2), the Board must provide the nominee with such information or records in the possession or control of the Board as the nominee may require in such manner and form as the nominee may require, by no later than 1 month prior to the meeting.\nPart 4—Miscellaneous\n24—Advisory committees\n\t(1)\tThe Board may, subject to subsection (2), establish committees to provide advice on any matter affecting the administration of this Act as the Board thinks fit.\n\t(4)\tThe procedures to be observed in relation to the conduct of the business of an advisory committee will be—\n\t(a)\tas prescribed by regulation; or\n\t(b)\tinsofar as the procedure is not prescribed under paragraph (a), as determined by the Board; or\n\t(c)\tinsofar as the procedure is not prescribed under paragraph (a) or determined under paragraph (b), as determined by the relevant committee.\n25—Town Acre 86 fund\nThe land described as \"Town Acre 86, City of Adelaide, Hundred of Adelaide\", being the whole of the land comprised in Certificate of Title Volume 5191 Folio 871, held by the Commissioners of Charitable Funds under the repealed Act continues to be held by the Board under this Act in perpetuity for the benefit of the Royal Adelaide Hospital.\n26—Board to transfer specified property to HAC on application\n\t(1)\tA HAC may, with the agreement of the Minister, apply to the Board for the transfer of specified property forming part of the charitable assets if the property was, immediately before the commencement of this Act, held on trust by the Commissioners of Charitable Funds under the repealed Act for the benefit of a particular health service.\n\t(2)\tThe Board must, on receipt of an application under subsection (1), transfer the specified property to the HAC in accordance with any requirements of the Minister or the HAC.\n27—Duty of Registrar‑General\n\t(1)\tThe Registrar‑General must, on application by the Board or a HAC, and on being satisfied that an interest in land has vested in the Board or the HAC under this Act, issue such new certificates of title, or make such entries and notations on existing certificates of title, as may be necessary to evidence vesting of the relevant interest.\n\t(2)\tIf an application has been made under this section, the Registrar‑General may require the applicant to furnish—\n\t(a)\tany instrument evidencing former title to the land or any existing or former interest in the land; and\n\t(b)\ta plan of the land to which the application relates, certified by a licensed surveyor.\n28—No duty or tax payable\nNo duty or tax is payable under a law of the State in respect of any vesting, transfer, assignment, receipt given or anything else done under this Act.\n29—Accounts and audit\n\t(1)\tThe Board must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe Auditor‑General must, in respect of each financial year, audit the accounts of the Board.\n30—Reports\n\t(1)\tThe Board must, on or before 31 October in each year, deliver to the Minister separate reports on the operations of—\n\t(a)\tthe Board; and\n\t(b)\tsubject to the regulations, any trust established under section 20,\nduring the financial year ending on the preceding 30 June.\n\t(2)\tEach report must include the audited accounts of the Board or trust (as the case may be) for the relevant financial year.\n\t(3)\tThe report on the operations of the Board under subsection (1)(a) must include the following:\n\t(a)\tif the Board has, in the relevant financial year, applied a portion of the charitable assets that is attributable to a gift to or for the benefit of an entity or body to some other entity or body, a statement of reasons for the Board's decision to so apply the portion;\n\t(b)\ta summary of any advice given, or recommendations made, by the public sector employee under section 23 in the relevant financial year;\n\t(c)\tany other information prescribed by regulation.\n\t(4)\tThe Minister must, within 12 sitting days after receiving each report under this section, have copies of the report laid before both Houses of Parliament.\n31—Delegations\n\t(1)\tSubject to subsection (2), the Board may delegate a function or power conferred on the Board—\n\t(a)\tto a specified person or body; or\n\t(b)\tto a person occupying or acting in a specified office or position.\n\t(2)\tA delegation—\n\t(a)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(b)\tmay, if the instrument of delegation so provides, be further delegated; and\n\t(c)\tis revocable at will and does not prevent the Board from acting in a matter.\n32—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Board.\nSchedule 1—Specified bodies\n1—Specified bodies (section 16)\nThe following bodies are specified for the purposes of the definition of prescribed gift in section 16:\n\t(a)\tthe body known as the \"Hanson Institute\" or the \"Hanson Centre for Cancer Research\" (however described in the terms attached to the gift);\n\t(b)\tthe Institute of Medical and Veterinary Science established under the (repealed) Institute of Medical and Veterinary Science Act 1982.\nSchedule 2—Transitional provisions\nPart 2—Transitional provisions\n2—Preliminary\nIn this Part—\nCommissioners of Charitable Funds means the body corporate established under the repealed Act.\n3—Commissioners continue in office\n\t(1)\tA person who, immediately before the commencement of this Schedule, holds office as a Commissioner of Charitable Funds under the repealed Act is, on the commencement of this Schedule, taken to continue as a Commissioner under this Act in accordance with Part 2.\n\t(2)\tThe term of office of a Commissioner continuing in office under subclause (1) expires on the day that the Commissioner's term was due to expire in accordance with his or her appointment under the repealed Act.\n\t(3)\tThis clause applies despite any other provision of this Act.\n4—Vesting of property\n\t(1)\tAny property vested, or apparently vested, in the Commissioners of Charitable Funds under the repealed Act immediately before the commencement of this Schedule is taken to be lawfully so vested.\n\t(2)\tAll property vested in the Commissioners of Charitable Funds in accordance with subclause (1) vests in the Board as part of the charitable assets on the commencement of this Schedule.\n5—Validation of past acts etc\n\t(1)\tIn so far as the Commissioners of Charitable Funds has, before the commencement of this Act, acted in contravention of, or omitted to act in accordance with—\n\t(a)\tthe repealed Act; or\n\t(b)\tthe terms of a trust,\nthe action or omission is taken to be valid and to always have been valid.\n\t(2)\tProperty held by the Commissioners of Charitable Funds at any time before the commencement of this Act will be taken to have been properly held.\n6—Intellectual Disability Services Council and Metropolitan Domiciliary Care Services trusts\n\t(1)\tThe Board must, on the request of the Minister to whom the Family and Community Services Act 1972 is committed, transfer to that Minister funds held immediately before the commencement of this Schedule by the Commissioners of Charitable Funds—\n\t(a)\tfor the benefit of the public charitable institution listed in Schedule 2 of the repealed Act known as the Strathmont Centre, including any funds held for the benefit of supported accommodation services provided by the Intellectual Disability Services Council; and\n\t(b)\tfor the benefit of Metropolitan Domiciliary Care, including funds held in the Metropolitan Domiciliary Care fund in the 23 series accounts.\n\t(2)\tSubject to subclause (3), the Minister—\n\t(a)\tholds the funds transferred under subclause (1) free from any trust to which the funds may have been subject prior to being transferred; and\n\t(b)\tmay apply the funds as the Minister sees fit, including to a body other than the body for whose benefit the funds were held by the Commissioners under the repealed Act, (provided that, in so doing, the Minister complies with the requirements of subsection (3)).\n\t(3)\tIn managing and applying funds transferred under subclause (1) attributable to a particular donor the Minister must—\n\t(a)\tconsider the intent, as far as it may be reasonably ascertained, of the donor; and\n\t(b)\tso far as is reasonably practicable, apply the funds attributable to the donor in a manner that the Minister considers is most likely to achieve the intention of the donor.\n7—Other matters\nThe Governor may, by regulation, make any other provision of a saving or transitional nature consequent on the enactment of this Act, including further provisions relating to the vesting of property.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Health Services Charitable Gifts Act 2011 repealed the following:\nPublic Charities Funds Act 1935\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2011\n15\nHealth Services Charitable Gifts Act 2011\n26.5.2011\n1.7.2011 (Gazette 30.6.2011 p2870)\n2015\n8\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 19 (ss 94 & 95)—1.7.2015 (Gazette 25.6.2015 p3076)\n2016\n29\nReal Property (Electronic Conveyancing) Amendment Act 2016\n16.6.2016\nSch 2—4.7.2016 (Gazette 30.6.2016 p2761)\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.7.2015\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2015\nPt 4\n\n\ns 24\n\n\ns 24(2) and (3)\ndeleted by 8/2015 s 94\n1.7.2015\ns 27\n\n\ns 27(1)\namended by 29/2016 Sch 2\n4.7.2016\nSch 2\n\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\n1.7.2015\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n95—Transitional provision\nA member of the advisory committee established under section 24(2) of the Health Services Charitable Gifts Act 2011 as in force immediately before the commencement of section 94 of this Act ceases to hold office on the commencement of this section.\nHistorical versions\n1.7.2015\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. The page returned an error due to a website migration on the South Australian legislation portal around 24 March 2026."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404/Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Health Services Charitable Gifts Act 2011 (SA) sets a legal framework for how health services (hospitals, health networks and related bodies) receive, hold and use public charitable donations. It’s aimed at ensuring donated funds are properly managed—often via designated gift funds—and spent according to donors’ intentions, affecting administrators, fundraisers and donors and safeguarding public trust in health-sector philanthropy."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act replaces the Public Charities Funds framework and centralises receipt, vesting and management of many health‑related gifts in the new Board (s5, Sch 2 cls 3-4). It permits the Board to hold vested gifts free of prior trusts and reallocate them subject to donor‑intent considerations (s18(2)-(3)), while giving the Minister powers to declare which entities qualify (s4), grant exemptions (s16(4)-(6)), and direct establishment or winding up of special charitable health trusts (s20(1)-(5))."},"complexity_factors":["Centralisation and vesting: prescribed gifts are made to vest in the Board and may be transferred from executors/trustees (s16, s16(2)-(3)).","Override of prior trusts and reallocation: once vested the Board holds gifts free from prior trusts and may reapply funds subject to donor intent considerations (s18(2)-(3)).","Ministerial declaration and exclusion powers: Governor/Minister may declare public health entities and exclude classes of bodies from coverage (s4(1)-(2)).","Ministerial discretion on exemptions and transfers: Minister may grant exemptions from vesting (s16(4)-(6)), approve HAC transfer requests and revoke such approvals with transfer or compensation mechanics (s19(1)-(5)).","Creation and control of charitable health trusts: Minister may direct establishment, transfer Crown property, set investment terms and require winding up (s20(1)-(6)).","Trust law interplay and trustee status: Board is not a trustee when applying charitable assets generally (s18(4)) but may act as trustee/co‑trustee and trusts it administers are subject to the Trustee Act 1936 (s21-22).","Operational funding and governance: Commissioners' appointment, remuneration and staff arrangements; Board must meet reporting, accounting and audit requirements and fund operations from charitable assets (ss5,11-14,29-30).","Oversight and input: quarterly meetings with a Minister‑nominated public sector employee for investment advice and required information exchange impose recurring compliance and disclosure obligations (s23(1)-(3)).","Regulatory and delegation breadth: broad regulation‑making power and delegation ability allow detailed procedural and fiduciary duties to be prescribed or conferred (ss31-32).","Transitional and validation provisions: existing property and past actions of the old Commissioners are validated and vested in the Board on commencement, producing legal continuity but changing administering body (Sch 2 cls 3-5,4)."],"plain_english_summary":"This Act creates the Health Services Charitable Gifts Board to receive, hold, invest and apply charitable gifts for declared public health entities and prescribed research bodies, replacing the former Public Charities Funds body. The Board decides allocations and funds its own operating costs from the charitable assets; the Minister can declare which entities qualify, grant exemptions, and direct creation or winding up of special trusts."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title: establishing the Board and providing for administration of gifts to public health entities. The 2015 amendments removed advisory committee provisions (s24(2)-(3)) and the 2016 amendment updated land registration references, but these are administrative refinements rather than scope expansion. The core purpose remains managing charitable gifts to public health entities."},"complexity_factors":["Multiple overlapping mechanisms for property transfer (vesting under s16, voluntary transfer under s17, HAC request under s19, Minister direction under s20)","Nested exceptions in section 16(3)-(6) regarding which gifts actually vest in the Board","Complex interplay between 'charitable assets' (general pool) and specific trusts (ss19-22) with different legal rules applying to each","14 defined terms in interpretation section, including recursive definitions ('property' includes 'chose in action' and 'legal or equitable estate')","Transitional provisions dealing with predecessor body (Commissioners of Charitable Funds) and validation of potentially invalid past acts","Ministerial discretion points scattered throughout (exemptions under s16(4)-(5), HAC permissions under s19 and s26, trust directions under s20)","Specific historical legacy provision (Town Acre 86 fund in s25) tied to particular land title reference","Fiduciary duty framework split between statutory duties (s15) and potential regulatory duties (s18(4)), with Trustee Act application limited to specific trusts only"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up a special body called the **Health Services Charitable Gifts Board** to manage donations (gifts) made to South Australian public hospitals and health services. It replaces an older law from 1935.\n\n**Who it affects:**\n\n- **Public hospitals and health services** – they receive and benefit from the managed funds\n- **Donors** – people who leave money or property to health services in their wills or as gifts\n- **The Board** – three appointed Commissioners who manage the money (one must be a lawyer, two must know about trusts or finance)\n- **Health Advisory Councils (HACs)** – local hospital boards that can interact with the main Board\n\n**Key things the law does:**\n\n- **Takes control of donations:** When someone gives money or property to a public health entity, it automatically becomes part of the \"charitable assets\" managed by the Board (with some exceptions for small tangible items like equipment)\n- **Manages investments:** The Board decides how to invest the money and must meet quarterly with a government financial expert\n- **Honours donor wishes:** When spending the money, the Board must try to follow what the original donor wanted\n- **Can set up special trusts:** The Minister can direct the Board to create specific trusts for particular health purposes\n- **Validates past actions:** It legalises anything the old body did before this law started\n\n**Why it matters:**\n\nThis law ensures that millions of dollars in charitable donations to public hospitals are managed professionally and prudently, rather than sitting with individual hospital boards that may lack investment expertise. It protects donor intentions while allowing flexibility to direct funds where they're needed most in the public health system."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/health-services-charitable-gifts-act-2011","history":"/api/acts/health-services-charitable-gifts-act-2011/history","analysis":"/api/acts/health-services-charitable-gifts-act-2011/analysis","conflicts":"/api/acts/health-services-charitable-gifts-act-2011/conflicts","importantCases":"/api/acts/health-services-charitable-gifts-act-2011/important-cases","documents":"/api/acts/health-services-charitable-gifts-act-2011/documents"}}