Health Care Act 2008

Division 2—Functions of incorporated health service 48AE Functions 48AF Transfer of functions etc

Division 3—Management arrangements 48AG Governance and management arrangements 48AH Composition of governing boards for incorporated health services 48AI Members of governing boards for incorporated health services to act in public interest 48AJ Disclosure of pecuniary or personal interest 48AK Chief executive officer for incorporated health service 48AL Provisions relating to members, procedures, committees and subcommittees etc

Division 4—Employed staff 48AM Employed staff 48AN Superannuation and accrued rights etc

Division 5—Accounts, audits and reports 48AO Accounts and audit 48AP Annual report

Division 6—Sites, facilities and property 48AQ Ability to operate at various sites 48AR Ability to provide a range of services and facilities Division 7—Delegations 48AS Delegations Division 8—Fees 48AT Fees Division 9—Inspectors 48AU 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 88A Exemptions 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 and incorporated health services 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

The Parliament of South Australia enacts as follows:

Part 1—Preliminary 1—Short title This Act may be cited as the Health Care Act 2008. 3—Interpretation (1) In this Act, unless the contrary intention appears— ambulance means a vehicle that is equipped to provide medical treatment or to monitor a person's health and that is staffed by persons who are trained to provide medical attention during transportation; ambulance service means the service of transporting by the use of an ambulance a person to a hospital or other place to receive medical treatment or from a hospital or other place at which the person has received medical treatment; Chief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position; Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; domestic partner—a person is a domestic partner of another if the person is a domestic partner of the other within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; emergency ambulance service means an ambulance service that— (a) responds to requests for medical assistance (whether made by 000 emergency telephone calls or other means) for persons who may have injuries or illnesses requiring immediate medical attention in order to maintain life or to alleviate suffering; and (b) is set up to provide medical attention to save or maintain a person's life or alleviate suffering while transporting the person to a hospital; employing authority means— (a) subject to paragraph (b), the Chief Executive; or (b) if the Governor thinks fit, a person, or a person holding or acting in an office or position, designated by proclamation made for the purposes of this definition; governing board—see section 33; HAC means a Health Advisory Council established under Part 4; health service means— (a) a service associated with: (i) the promotion of health and well‑being; or (ii) the prevention of disease, illness or injury; or (iii) intervention to address or manage disease, illness or injury; or (iv) the management or treatment of disease, illness or injury; or (v) rehabilitation or on‑going care for persons who have suffered a disease, illness or injury; or (b) a paramedical or ambulance service; or (c) a residential aged care service; or (ca) a research, pathology or diagnostic service associated with veterinary science; or (d) a service brought within the ambit of this definition by the regulations, but does not include a service excluded from the ambit of this definition by the regulations; HPC means the Health Performance Council established under Part 3; hospital means, according to the context— (a) an entity (whether corporate or unincorporated and including a partnership or other structure) by which health services are provided, being health services that include services provided to persons on a live-in basis; (b) a site at which activities of an incorporated hospital are undertaken; hospital bed means the bed and associated facilities provided by a hospital for the provision of health services to a patient on a live-in basis; incorporated health service means a health service incorporated under Part 5AA; incorporated hospital means a hospital incorporated under this Act; liability includes contingent liability; medical treatment includes all medical or surgical advice, attendances, services, procedures and operations; non-emergency ambulance service means an ambulance service other than an emergency ambulance service; private day procedure centre means premises in respect of which a private day procedure centre licence is in force under Part 10A; private day procedure centre licence—see section 89C; private hospital means a hospital other than an incorporated hospital; public sector agency has the same meaning as in the Public Sector Act 2009; relative—a person is a relative of another if the person is a spouse, domestic partner or parent of the other of or over 18 years of age and a brother, sister, son or daughter of the other; relevant interest has the same meaning as in the Corporations Law; repealed Act means the South Australian Health Commission Act 1976; restricted ambulance service licence means a licence under Part 6 Division 2 authorising the provision of non‑emergency ambulance services; right includes a right of action; SAAS means the SA Ambulance Service Inc; spouse—a person is a spouse of another if they are legally married; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; vehicle includes an aircraft or a boat. (2) The Governor may, for the purposes of the definition of employing authority— (a) designate different persons as employing authorities with respect to different classes of employees (or potential employees); (b) in making a designation under paragraph (a), include the Chief Executive; (c) from time to time as the Governor thinks fit, vary or revoke a proclamation, or make a new proclamation for the purposes of the definition. 4—Objects of Act The objects of the Act are— (a) to enable the provision of an integrated health system that provides optimal health outcomes for South Australians; and (b) to facilitate the provision of safe, high‑quality health services that are focussed on the prevention and proper management of disease, illness and injury and to facilitate efficiencies through the use of certain facilities for veterinary science; and (c) to facilitate a scheme for health services to meet recognised standards; and (d) to facilitate the efficient and effective governance and oversight of incorporated hospitals and incorporated health services through the establishment of governing boards. 5—Principles The following principles are to be applied in connection with the operation and administration of this Act: (a) the protection of the public and the interests of people in need of care related to their health should be the highest priorities in the provision of health services; (b) Aboriginal people and Torres Strait Islanders should be recognised as having a special heritage and the health system should, in interacting with Aboriginal people and Torres Strait Islanders, support values that respect their historical and contemporary cultures; (c) the planning and provision of health services should take into account the situation and needs of people who live or work in the country or regional areas of the State, including through the support of health professionals who provide services in those areas; (d) support should be given to encouraging responsibility at community and individual levels for the promotion and development of healthy communities and individuals, and to ensure that people are able to make informed decisions about their health; (e) health services or programs should be accessible on a State‑wide or community basis; (f) health services should be provided as part of an integrated system— (i) that includes all aspects of health promotion and disease, illness and injury prevention so as to maximise community health and well‑being; and (ii) that supports services or programs designed to promote early intervention in detecting and responding to disease, illness or injury; and (iii) that provides for the effective and safe management and treatment of disease, illness or injury, including through self‑management of chronic or other diseases; and (iv) that supports improved health outcomes for communities with particular health needs; and (iva) that is inclusive of primary health care networks, Aboriginal and Torres Strait Islander health services and public health services provided in local government, aged care and disability sectors; and (v) that promotes a whole of Government approach to advance and improve health status within the community; and (vi) that seeks to reduce in‑patient hospitalisation and dependence on emergency and out‑patient services within hospitals; and (vii) that promotes the efficient and economic provision of services; and (viii) that achieves an effective balance between local decision-making in relation to incorporated hospitals and health system planning, integration and management; (g) health services should meet the highest levels of quality and safety; (h) service providers should seek to engage with the community in the planning and provision of health services, including through the encouragement or involvement of volunteers; (i) recognition should be given to the fact that there is a significant public benefit in having a single emergency ambulance service that provides an efficient use of assets, a highly-responsive service, and high levels of integration with other health services provided within the public health system.

Part 2—Minister and Chief Executive 6—Minister (1) The Minister's functions in connection with the operation of this Act include the following (to be performed to such extent as the Minister considers appropriate): (a) to ascertain the requirements of the community, or sections of the community, in the field of health and health services and to determine how those requirements should be met to the best advantage of the community; (b) to plan, implement or support the provision of a system of health services that is comprehensive, co‑ordinated and readily accessible to the public; (c) to establish health services within the community; (d) to act to ensure that hospitals established under this Act, or that hospitals or other health services established, maintained or operated by or with the assistance of the Government of the State, are operated in an efficient and economical manner; (e) to ensure the proper allocation of resources across health services established under this Act; (f) to ensure that emergency ambulance services are provided in an efficient and effective manner through SAAS; (g) to promote or support— (i) research in the field of health and health services, including through the provision of facilities or other forms of support to a university or other institution, authority or person considered to be appropriate by the Minister; and (ii) the collection of data, statistics and other information in relation to health and health services; and (iii) the provision of education, instruction or training in professional or other fields associated with health and the provision of health services; (h) to promote and encourage the participation of volunteers in the provision of health services; (i) to disseminate information and knowledge for the benefit of the health of the public; (j) to establish mechanisms to keep the policies and standards of health and health services developed by the Department under evaluation and review; (k) to promote a positive relationship between the public, private and other health sectors; (ka) to provide and maintain such services or facilities as another Minister may request in connection with the field of veterinary science; (l) such other functions assigned to the Minister by or under this or any other Act, or considered by the Minister to be relevant to the operation of this or any other relevant Act. (2) The Minister has the power to do anything necessary, expedient or incidental to— (a) performing the functions of the Minister under this Act; or (b) administering this Act; or (c) furthering the objects of this Act. (3) The Minister cannot give a direction concerning the clinical treatment of a particular person. 7—Chief Executive (1) The Chief Executive's functions in connection with the operation of this Act include the following: (a) to assist the Minister in connection with the administration of this Act and to exercise statutory powers conferred by this Act; (b) to assist and advise the Minister in relation to— (i) the provision of health services within the State; and (ii) the protection or promotion of public health within the State; (c) to assist and advise the Minister in the development and implementation of planning for the health system statewide; (d) to provide strategic leadership and direction for the provision of public health services in the State; (e) to promote the effective and efficient use of available resources in the provision of public health services in the State; (f) to engage with consumer representatives and other interested parties in the development of health care policy, planning and service delivery; (g) to contribute to and implement statewide service plans that apply to incorporated hospitals, incorporated health services and SAAS; (h) to undertake workforce planning for the health system statewide; (i) to ensure that a highly trained workforce is valued within the health system; (j) to oversee, monitor and promote improvements in the safety and quality of health services provided by incorporated hospitals, incorporated health services and SAAS; (k) to develop and issue policies and directives to apply to the Department, incorporated hospitals, incorporated health services and SAAS; (l) to develop and issue policies on workforce harassment and bullying; (m) to monitor the performance of incorporated hospitals, incorporated health services and SAAS, and to take remedial action if agreed performance measures and operational targets are not met; (n) to receive and evaluate performance data and other data provided by incorporated hospitals, incorporated health services and SAAS; (o) at the request of the Minister, to provide advice on any other matter in relation to which the Minister considers that the advice of the Chief Executive should be available; (p) to facilitate the provision of laboratory, research or other similar facilities, including on account of a request by a Minister under section 6(1)(ka); (q) such other functions assigned to the Chief Executive by or under this or any other Act, or assigned to the Chief Executive by the Minister in connection with the operation of this or any other Act. (1a) The Chief Executive may issue policies and directives that are to be complied with by the Department, incorporated hospitals, incorporated health services and SAAS. (2) The Chief Executive has the power to do anything necessary, expedient or incidental to performing the functions of the Chief Executive. (3) Subject to this Act, the Chief Executive is, in the performance and exercise of the Chief Executive's functions and powers, subject to the control and direction of the Minister. (4) The Chief Executive cannot give a direction concerning the clinical treatment of a particular person. 8—Delegations (1) The Minister may delegate a function or power conferred on the Minister under this Act— (2) The Chief Executive may delegate a function or power conferred on the Chief Executive under this Act— (3) A delegation— (c) is revocable at will and does not prevent the delegator from acting personally in a matter.

Part 3—Health Performance Council 9—Establishment of Health Performance Council (1) The Health Performance Council (HPC) is established. (2) HPC is to consist of up to 15 persons appointed by the Governor on the recommendation of the Minister who together, in the opinion of the Minister— (a) have a high level of knowledge of, and expertise in, the provision of health care or the administration of health services; and (b) are able to represent the diversities of South Australia's communities; and (c) have such experience, skills and qualifications to enable HPC to carry out its functions effectively. (3) The Minister must consult with prescribed bodies, in accordance with the regulations, before making a recommendation under subsection (2). (4) The Minister must ensure, as far as practicable, that the persons appointed under subsection (2) consist of equal numbers of women and men. (5) An act or proceeding of HPC is not invalid by reason only of a vacancy in its membership or a defect or irregularity in, or in connection with, the appointment of a member. 10—Provisions relating to members, procedures and committees and subcommittees

Schedule 1 has effect with respect to HPC. 11—Functions of HPC (1) The functions of HPC are— (a) to provide advice to the Minister about— (i) the operation of the health system; and (ii) health outcomes for South Australians and, as appropriate, for particular population groups; and (iii) the effectiveness of methods used within the health system to engage communities and individuals in improving their health outcomes; and (b) to provide reports to the Minister in accordance with the requirements of this Act; and (c) to provide advice to the Minister about any matter referred to it by the Minister or any matter it sees fit to advise the Minister about in connection with its responsibilities under this Act; and (d) such other functions assigned to HPC under this or any other Act, or assigned to HPC by the Minister. (2) HPC should, in the performance of its functions, seek to obtain, to such extent as is reasonable and relevant in the circumstances, the views of— (a) Health Advisory Councils; and (ab) governing boards of incorporated hospitals; and (ac) governing boards of incorporated health services; and (b) advisory committees established by the Minister to assist HPC in the performance of its functions. (3) HPC must, in the performance of its functions, take into account the strategic objectives that have been set or adopted within the Government's health portfolios. (4) Without limiting subsection (3), HPC must, in providing any advice with respect to the provision of any health services (including proposed services), take into account— (a) the net benefit provided by the services, the cost effectiveness of services, and available resources; and (b) the net impact that the adoption of the advice would have on other services, or on the community more generally; and (c) the value placed on any relevant services by members of the public who use those services. (5) The Minister must establish arrangements to meet with HPC on a regular basis. (6) HPC cannot, in the performance of its functions, give directions to the Chief Executive, the Department, the governing board for an incorporated hospital or an incorporated health service, a hospital or a HAC. (7) HPC may request the Chief Executive to provide it with specified information in order to assist it in the performance of its functions. (8) The Chief Executive may impose conditions that HPC must observe in relation to the receipt, use or disclosure of information provided under subsection (7). 12—Annual report (1) HPC must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of HPC during that financial year. (2) The Minister must, within 12 sitting days after the receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. 13—4-yearly report (1) HPC must, on a 4‑yearly basis, furnish to the Minister a report that assesses the health of South Australians and changes in health outcomes over the reporting period. (2) The report must— (a) identify significant trends in the health status of South Australians and consider future priorities for the health system having regard to trends in health outcomes, including trends that relate to particular illnesses or population groups; and (b) review the performance of the various health systems established within the State in achieving the objects of this Act; and (c) identify any other significant issues considered relevant by HPC; and (d) conform with any requirements of the Minister as to the form of the report and other matters to be addressed by the report. (3) The Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. (4) The Minister must, within 6 months after receipt of a report under this section, cause a formal response to the report to be laid before both Houses of Parliament. (5) The first report under this section must be completed by a day to be fixed by the regulations. 14—Use of facilities HPC may, with the approval of the responsible Minister or, if relevant, a responsible public sector instrumentality, make use of the staff, services or facilities of an administrative unit or another public sector instrumentality.

Part 4—Health Advisory Councils

Division 1—Establishment of Councils 15—Establishment of Councils (1) The Minister may, by notice in the Gazette, establish a Health Advisory Council (a HAC) to undertake an advocacy role on behalf of the community, to provide advice, and to perform other functions, as determined under this Act, in relation to any of the following: (a) the Minister; (b) the Chief Executive; (c) an incorporated hospital; (ca) an incorporated health service; (d) SAAS; (e) any other body involved in the delivery of health services in connection with this Act. (2) Without limiting subsection (1), the Minister may establish and maintain a HAC, constituted by persons who have experience in providing ambulance services as volunteers, with functions that include to provide advice to SAAS in the performance of its functions. (3) The notice published under subsection (1) may— (a) designate the entity or entities in relation to which the HAC is established; and (b) make provision with respect to the functions of the HAC; and (c) declare whether the HAC is to be an incorporated or unincorporated body and assign a name to the HAC (which must, if the HAC is to be incorporated, end with the abbreviation "Inc"); and (d) make provision with respect to the powers of the HAC; and (e) make such other provision as the Minister thinks fit (including by relating the functions of the HAC to a designated area of the State). (4) The Minister may, by subsequent notice in the Gazette— (a) vary a notice under this section; (b) amalgamate 2 or more HACs; (c) dissolve a HAC. (5) However, the Minister— (a) must consult with the members of the relevant HAC or HACs in the manner prescribed by the regulations before acting under subsection (4); and (b) must not act under subsection (4)(b) or (c) unless— (i) the Minister is satisfied that there has been a reasonable level of consultation within the community; and (ii) the Minister is satisfied that it is appropriate to do so on a ground prescribed by the regulations. (6) If 2 or more HACs are amalgamated under subsection (4)(b), the Minister may— (a) exercise any power under a preceding subsection in relation to the HAC established by the amalgamation (including by declaring whether the HAC is to be an incorporated or unincorporated body); and (b) dissolve the HACs that were the separate entities before the amalgamation. (7) If 2 or more HACs are amalgamated under subsection (4)(b), the assets, rights and liabilities of the HACs that were the separate entities before the amalgamation vest in or attach to the HAC formed by the amalgamation by operation of this subsection (unless a contrary provision is relevant under subsection (8)). (8) A reference in a testamentary disposition or other instrument to a HAC that is a party to an amalgamation under subsection (4)(b) will be taken to be (subject to any provision of the testamentary disposition or other instrument to the contrary) a reference to the HAC formed by the amalgamation. (9) If a HAC is dissolved under subsection (4)(c), the Minister may, as the Minister thinks necessary or appropriate, exercise a power under section 20 (subject to complying with the requirements of that section). (10) The Minister may, by notice in the Gazette, make other provisions that in the opinion of the Minister are necessary or expedient in connection with taking action under subsection (4). (11) To avoid doubt, the Minister may establish more than 1 HAC in relation to a particular entity under subsection (1). 16—Status (1) If a HAC is to be an incorporated body by virtue of a declaration of the Minister— (a) the HAC is, by force of this section, a body corporate with perpetual succession and a common seal; and (b) subject to the provisions of this Act and its constitution, the HAC— (i) is capable of holding, acquiring, dealing with, and disposing of, real and personal property (including the power to enter into leases); and (ii) is capable of acquiring or incurring other assets, rights or liabilities; and (iii) is capable of entering into contracts; and (iv) is capable of suing and being sued; and (v) is capable of administering any property on trust or accepting gifts (and, if any gift is affected by a trust, is empowered to carry out the terms of the trust); and (vi) has the rights, powers, authorities, functions, duties and obligations prescribed by or under this Act or its constitution. (2) If a HAC is not to be a body corporate by virtue of a declaration of the Minister, the HAC has the rights, powers, authorities, functions, duties and obligations prescribed by or under this Act or its rules. (3) A HAC is an instrumentality of the Crown. (4) Subject to subsection (5), a HAC holds its property on behalf of the Crown. (5) Subsection (4) does not apply to the extent that a HAC holds any property on trust. (6) Without limiting subsection (5), in the event of an inconsistency between the operation or effect of a provision under this Part and the duties or responsibilities of a HAC as a trustee, the provisions of this Part will not apply to the extent of the inconsistency. (7) Subject to any provision made in its constitution or rules, a HAC may exercise its powers within or outside the State. 17—Constitution and rules (1) A HAC that is incorporated under this Act will have a constitution determined by the Minister. (2) A constitution— (a) must address the appointment of persons as the members of the governing body of the HAC (including by determining the number of members) and, in respect of those members— (i) the method by which they may be appointed, and their terms of office; and (ii) the conditions of appointment, or a method by which those conditions will be determined; and (b) may provide for the appointment of deputies of members of the governing body of the HAC; and (c) must specify the functions of the HAC and may, in doing so, provide for functions of the HAC that are in addition to those specified under Division 2, or limit or regulate the functions or powers of the HAC under this Act; and (d) may make any other provision that, in the opinion of the Minister, is necessary or expedient in connection with the functions, powers or activities of the HAC. (3) A HAC that is not incorporated under this Act will have rules determined by the Minister. (4) A set of rules— (a) must address the appointment of persons as members of the HAC (including by determining the number of members) and, in respect of those members— (i) the method by which they may be appointed, and their terms of office; and (ii) the conditions of appointment, or a method by which those conditions will be determined; and (b) may provide for the appointment of deputies of members of the HAC; and (c) must specify the functions of the HAC and may, in doing so, provide for functions of the HAC that are in addition to those specified under Division 2, or limit or regulate the functions or powers of the HAC under this Act; and (d) may make any other provision that, in the opinion of the Minister, is necessary or expedient in relation to the functions, powers or activities of the HAC. (5) If a HAC is established in relation to an incorporated hospital established to provide services within the country areas of the State, the constitution or rules of the HAC (as the case may be) must provide that a majority of members of the governing body of the HAC (in the case of an incorporated HAC) or a majority of members of the HAC (in the case of a HAC that is not incorporated) are persons who are selected or appointed on the basis of being members of the local community. (6) The Minister may publish a constitution or set of rules in such manner as the Minister thinks fit. (7) The Minister may, as the Minister thinks fit, vary a constitution or set of rules from time to time. (8) For the purposes of facilitating the operation of this section, the Minister must develop a model constitution and a model set of rules (and may then vary or replace any such model from time to time). (9) The Minister must, in varying or replacing a model, undertake the consultation required by the regulations. (10) To avoid doubt, the Minister may depart from a model in a particular case. Division 2—Functions and powers 18—Functions (1) The functions of a HAC may include 1 or more of the following: (a) to act as an advocate to promote the interests of the community, or a section of the community; (b) to provide advice about any relevant aspect of the provision of health services from the perspective of consumers of those services, any carers or volunteers or the community more generally; (c) to provide advice about relevant health issues, goals, priorities, plans, and other strategic initiatives; (d) to provide advice or assistance in undertaking the development or implementation of systems or mechanisms designed to support the delivery of health services or programs; (e) to provide information to, and to consult broadly with, the consumers of any relevant services, any relevant carers or volunteers, and the community more generally; (f) to encourage community participation in programs associated with supporting the provision of health services, and to promote the importance of carers and volunteers in assisting in achieving successful outcomes; (g) to consult with other bodies that are interested in the provision of health services within the community; (h) to provide advice to the Minister about any matter referred to it by the Minister or the Chief Executive; (ha) to provide advice to the governing board for an incorporated hospital about any matter referred to it by the board; (hb) to provide advice to the governing board for an incorporated health service about any matter referred to it by the board; (i) to participate in the consultation or assessment processes associated with the selection of senior staff of a relevant entity; (j) in the case of a HAC that is incorporated— (i) to act as a trustee or to assume other fiduciary functions or duties; (ii) to participate in budget discussions and financial management or development processes; (iii) to undertake fund‑raising activities; (k) in the case of a HAC that is not incorporated— (i) to provide advice in relation to the management of resources available for relevant health services; (ii) to provide assistance with fund‑raising activities in accordance with its rules; (l) such other functions— (i) assigned to the HAC under this or any other Act; or (ii) assigned to the HAC by the Minister; or (iii) adopted by the HAC with the approval of the Minister. (2) Subject to this Act, a HAC must, in the performance of its functions, take into account the strategic objectives (including any health care plan or plans) that have been set or adopted within the Government's health portfolios. (3) A HAC that is incorporated under this Act must, with respect to an entity in relation to which it is established— (a) support and foster the activities and objects of the entity; and (b) subject to this Act, hold its assets for the benefit, purposes and use of the entity on terms or conditions determined or approved by the Minister. 19—Specific provisions in relation to powers (1) Subject to this Act, a HAC has the power to do anything necessary, expedient or incidental to performing its functions. (2) Without limiting subsection (1), a HAC that is incorporated under this Act may establish any fund (including a gift fund) or account. (3) A HAC must not do any of the following without the approval of the Minister: (a) acquire or dispose of real property, or an interest in real property; (b) borrow money or grant a mortgage or create any other form of charge over its property; (c) grant a lease over any real property; (d) enter into any form of guarantee or grant any indemnity; (e) engage a person under a contract for the provision of services; (f) anything else identified under the constitution or rules of the HAC as being within the operation of this subsection. (4) The Minister may, in granting an approval under subsection (3), impose such conditions as the Minister thinks fit. (5) Subsection (3) does not apply in any circumstances excluded from the operation of that subsection— (b) by the constitution or rules of the HAC. (6) A HAC does not have the power to employ any person. Division 3—Related matters 20—Specific provisions in relation to property (1) Subject to this section, the Minister may, by notice in the Gazette— (a) transfer the assets, rights and liabilities of a HAC (either as a whole or in separate parcels specified in the notice)— (ii) to another HAC; or (iiia) to an incorporated health service; or (iv) to SAAS; or (v) to the Crown, or to another agent or instrumentality of the Crown; or (vi) with the agreement of the person or body—to a person or body that is not an agent or instrumentality of the Crown; and (b) make other provisions in relation to the property of the HAC that in the opinion of the Minister are necessary or expedient in the circumstances. (2) The Minister may, by notice in the Gazette, transfer to and vest in a HAC any assets, rights or liabilities of another entity. (3) The Minister— (a) must not act under subsection (1) to transfer any assets or rights of a HAC unless the Minister is acting at the request of the HAC, or the Minister has taken reasonable steps to consult with the HAC; and (b) must not act under subsection (2) unless the Minister is acting at the request of the other entity. (4) Subsection (1) does not apply to any property that a HAC holds on trust to the extent that a transfer under that subsection would be inconsistent with the terms or conditions of the trust. (5) In addition, if the Minister is proposing to transfer any real property of a HAC that has been used for the purposes of an incorporated hospital (other than at the request of the HAC) and the Minister has not obtained the concurrence of the HAC under subsection (3)(a)— (a) the matter must be referred to an independent person for mediation in accordance with guidelines established by the Minister for the purposes of this provision (with the Minister being represented in those proceedings by a person nominated by the Minister); and (b) if the concurrence of the HAC is not obtained through mediation under paragraph (a), the Minister may only proceed to make the transfer under subsection (1) if— (i) the transfer is to another HAC; and (ii) the Minister has given public notice of the proposed transfer by notice published in the Gazette at least 2 months before making the transfer. (6) A notice published in the Gazette under subsection (5)(b)(ii) must set out the reasons for the Minister's decision to proceed. 21—Accounts and audit (1) A HAC must cause proper accounts to be kept of its financial affairs and financial statements to be prepared in respect of each financial year (unless the HAC did not deal with any money or property or otherwise undertake any financial activity in the financial year). (2) The accounts and financial statements required under subsection (1) must comply with any requirements issued by the Minister. (3) The accounts and financial statements of a HAC incorporated under this Act, other than a prescribed HAC, must be audited at least once in every year by an auditor approved by the Auditor‑General. (4) The accounts and financial statements of a prescribed HAC incorporated under this Act must be audited at least once in every year by the Auditor‑General. 22—Annual report (1) A HAC must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of the HAC during that financial year. (2) The report must incorporate the audited accounts and financial statements of the HAC for the financial year (if relevant). (3) The Minister must, within 12 sitting days after the receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. (4) This section only applies to a HAC that is not incorporated under this Act if the rules of the HAC declare that this section will apply to the HAC. 23—Use of facilities A HAC may, with the approval of the responsible Minister or, if relevant, a responsible public sector instrumentality, make use of the staff, services or facilities of an administrative unit or another public sector instrumentality. 24—Delegations (1) Subject to subsection (2), a HAC may delegate a function or power conferred on the HAC— (a) may not be made if contrary to any limitation or exclusion imposed by the Minister by notice in writing furnished to the HAC; and (b) subject to paragraph (a)— (i) may be made subject to conditions or limitations specified in the instrument of delegation; and (ii) if the instrument of delegation so provides, may be further delegated by the delegate; and (iii) is revocable at will and does not prevent the HAC from acting in a matter. 25—Access to information (1) A HAC is entitled to request such information as it considers to be necessary or expedient to assist it in the performance of its functions. (2) Subsection (1) does not extend to information excluded from the operation of that subsection— (b) by the Chief Executive. (3) The Chief Executive may impose conditions that a HAC must observe in relation to the receipt, use or disclosure of information provided under subsection (1). 26—Common seal Where an apparently genuine document purports to bear the common seal of a HAC incorporated under this Act, it will be presumed, in the absence of proof to the contrary, that the common seal of that HAC was duly fixed to that document. 27—Schedule 2 has effect

Schedule 2 has effect with respect to a HAC. 28—Administration (1) The Minister may, if satisfied that it is appropriate to do so on a ground prescribed by the regulations, by notice in the Gazette, remove all members of a HAC from office and— (a) appoint new members; or (b) appoint a person as administrator until new members are appointed. (2) A person will be appointed under subsection (1)(b) on conditions determined by the Minister. (3) A person appointed under subsection (1)(b)— (a) will be able to act in the management or affairs of the HAC (so that an act done or a decision made by the person as administrator is an act or decision of the HAC); and (b) will have all the powers conferred on the members of the HAC (including as its governing body) by the constitution or rules of the HAC. (4) The Minister may appoint new members under subsection (1)(a) or (b) if or when the Minister thinks fit but in any event must appoint new members within 12 months after the removal of the previous members under subsection (1).

Part 4A—Service agreements 28A—Preliminary health service provider means a party to a service agreement (other than the Chief Executive); service agreement—see section 28B(1). 28B—Service agreement with Chief Executive (1) The Chief Executive must enter into an agreement (a service agreement) relating to the provision of health services with the following: (a) each incorporated hospital; (ab) each incorporated health service; (b) SAAS. (2) A service agreement must specify— (a) the health services to be provided to the State by the health service provider, including particulars relating to the volume, scope and standard of services; and (b) the teaching, training and research to be provided in support of the provision of health services; and (c) the funding to be provided to the health service provider for the provision of the services, including the way in which the funding is to be provided; and (d) that each health service provider must operate programs that promote the provision of health care for Aboriginal and Torres Strait Islander people; and (e) the performance measures and operational targets for the provision of the services by the health service provider; and (f) how the evaluation and review of results in relation to the performance measures and operational targets are to be carried out; and (g) the performance data and other information to be provided by the health service provider to the Chief Executive, including how, and how often, the data is to be provided; and (h) any other matter the Chief Executive considers relevant to the provision of the services by a health service provider; and (i) any other matter prescribed by the regulations. (3) A service agreement may— (a) deal with matters relating to funding provided by the Commonwealth (despite the fact that the Commonwealth is not a party to the agreement); and (b) state the circumstances in which the health service provider (the first provider) may agree with another health service provider to provide services for the first provider. (4) Negotiations relating to a service agreement must be conducted in accordance with a policy established by the Chief Executive and any requirements prescribed by the regulations. (5) A service agreement entered into under subsection (1) is binding on the Chief Executive and the relevant incorporated hospital, incorporated health service or SAAS. 28C—General provisions about service agreements (1) A service agreement has effect for the term specified in the agreement. (2) A service agreement is entered into by an incorporated hospital by the chief executive officer of the incorporated hospital signing the service agreement with the approval of the governing board for the incorporated hospital. (2a) A service agreement is entered into by an incorporated health service by the chief executive officer of the incorporated health service signing the service agreement with the approval of the governing board for the incorporated health service. (3) A service agreement is entered into by SAAS by the chief executive officer of SAAS signing the service agreement. (4) A service agreement may be varied by agreement between the parties, provided that a party that seeks to vary a service agreement gives the other party 14 days notice of the proposed variation. (5) If the parties entering into or proposing to vary a service agreement cannot agree on a term or variation of the agreement, the Minister may make a decision about the term or proposed variation and must— (a) advise the parties of the decision in writing; and (b) cause a copy of the decision to be tabled in each House of Parliament within 7 sitting days after the service agreement to which the decision relates is entered into or varied. (6) A term or variation decided under subsection (5) will be taken to be a term or variation of a service agreement. (7) The Chief Executive must, within 14 days after a service agreement is entered into or varied, publish the service agreement, or the agreement as varied, in a way that allows the agreement to be accessed by members of the public (including, for example, on the Internet).

Part 5—Hospitals Division 1—Incorporation 29—Incorporation (1) The Governor may, by proclamation— (a) establish an incorporated hospital to provide services and facilities under this Act and assign a name to the incorporated hospital; (b) transfer the whole or part of the undertaking of a specified person or body to an incorporated hospital. (2) A proclamation under subsection (1) that provides for an incorporated hospital to take over from any other body the function of providing health services provided by that other body may provide that any incorporation of that other body is dissolved, and the proclamation will have effect according to its terms. (3) If the incorporation of a body is dissolved by a proclamation, the real and personal property and rights and liabilities of that body are, according to the terms of a proclamation, transferred to and vested in 1 or more incorporated hospitals specified by proclamation. (4) An incorporated hospital may not take over functions from another body under subsection (1) unless agreement has been reached between the Minister and the other body on the transfer of functions. (5) The Governor may, by proclamation— (a) alter the name of an incorporated hospital; (b) dissolve an incorporated hospital. (6) The Governor may, by a proclamation under subsection (5)(b) or by a separate proclamation— (a) transfer the assets, rights and liabilities of an incorporated hospital dissolved under this section (either as a whole or in separate parcels specified by proclamation)— (ii) to another incorporated hospital; or (iii) to the Crown, or to another agent or instrumentality of the Crown; or (iv) with the agreement of the person or body—to a person or body that is not an agent or instrumentality of the Crown; and (b) make other provisions that in the opinion of the Governor are necessary or expedient in connection with the dissolution of an incorporated hospital under this section. 30—Hospital to serve the community An incorporated hospital must be administered and managed on the basis that its services will address the health needs of the community but may, in so doing, focus on 1 or more areas or sections of the community if so determined by the Minister, the Chief Executive or the governing board for the hospital. It is recognised that some groups within the community should be able to access special or enhanced health services due to their special needs. Examples of these groups include veterans, Aboriginal people and Torres Strait Islanders. 31—General powers of incorporated hospital (1) An incorporated hospital is a body corporate with perpetual succession and a common seal and, subject to any determination of the Minister— (a) is capable of holding, acquiring, dealing with, and disposing of, real and personal property (including the power to enter into a lease); and (b) is capable of acquiring or incurring other assets, rights or liabilities; and (c) is capable of entering into contracts; and (d) is capable of suing and being sued; and (e) is able to promote the formation of a company under the Corporations Act 2001 of the Commonwealth and to hold shares or other interests in any body corporate; and (f) is capable of administering any property on trust or accepting gifts (and, if any gift is affected by a trust, is empowered to carry out the terms of the trust); and (g) has the functions, rights, powers, authorities, duties and obligations conferred, imposed or prescribed under this or any other Act (and including such powers necessary or expedient for, or incidental to, the performance of any function). (1a) Without limiting subsection (1), an incorporated hospital may undertake the following functions: (a) to undertake or facilitate— (i) the commercial exploitation of knowledge arising from its activities; or (ii) the commercial development of its services, functions or expertise; (b) to produce and sell instruments or other equipment for use in— (i) the provision of medical services, including medical diagnostic services; or (ii) the teaching of medical science; or (iii) scientific research; (c) to provide consultancy services; (d) to provide and maintain a drug and alcohol testing service for such persons as the hospital thinks fit; (e) to conduct a testing service for the purpose of determining parentage or other human genetic relationships; (f) to provide and maintain such services or facilities as a Minister may require in relation to— (i) veterinary laboratory services, or services to veterinary surgeons in private practice, or other veterinary services provided by a public sector agency; or (ii) research in the field of veterinary science; (g) to conduct such other activities considered appropriate by the Minister that can be efficiently or effectively managed through the use of hospital facilities and resources. (2) An incorporated hospital may hold a licence or any other form of authority or accreditation (including a licence, authority or accreditation issued under a law of the Commonwealth or of another State or a Territory). (3) An incorporated hospital is an instrumentality of the Crown. (4) Subject to subsection (5), an incorporated hospital holds its property on behalf of the Crown. (5) Subsection (4) does not apply to the extent that an incorporated hospital holds any property on trust. (6) Without limiting subsection (5), in the event of an inconsistency between the operation or effect of a provision under this Part and the duties or responsibilities of an incorporated hospital as a trustee, the provisions of this Part will not apply in a particular case to the extent of the inconsistency. (7) Without limiting any other provision, an incorporated hospital may establish any fund (including a gift fund) or account. (8) An incorporated hospital may exercise its powers within or outside the State. (9) An incorporated hospital may not exercise its power under subsection (1)(e) without the approval of the Governor. 32—Common seal Where an apparently genuine document purports to bear the common seal of an incorporated hospital, it will be presumed, in the absence of proof to the contrary, that the common seal of that hospital was duly affixed to that document.

Division 1A—Transfer of functions etc 32A—Transfer of functions etc The Governor may, by proclamation— (a) transfer all or some of the functions of an incorporated hospital to another incorporated hospital or to an incorporated health service; (b) transfer the assets, rights and liabilities of an incorporated hospital to another incorporated hospital or to an incorporated health service; (c) make other provisions that in the opinion of the Governor are necessary or expedient in connection with a transfer under this section. Division 2—Management arrangements 33—Governance and management arrangements (1) Each incorporated hospital is to be governed by a board (a governing board). (2) The functions of a governing board for an incorporated hospital include the following: (a) to ensure effective clinical and corporate governance frameworks are established to support the maintenance and improvement of standards of patient care and services by the incorporated hospital and to approve those frameworks; (b) to ensure— (i) the operations of the incorporated hospital are carried out efficiently, effectively and economically; and (ii) the incorporated hospital manages its budget so that performance targets are met; and (iii) that hospital resources are applied equitably to meet the needs of the community served by the incorporated hospital; (c) to ensure strategic plans to guide the delivery of services are developed for the incorporated hospital and to approve those plans; (ca) to ensure that the incorporated hospital operates programs that promote preventative and primary health care, including the preventative and primary health care of Aboriginal and Torres Strait Islander people, within local communities; (cb) to ensure that the incorporated hospital— (i) promotes a healthy workforce culture for and among staff employed to work within the incorporated hospital; and (ii) implements measures to provide for and promote the health, safety and wellbeing of those staff within the workplace (including the psychosocial health, safety and wellbeing of staff); and (iii) implements policies issued by the Chief Executive on workforce health, safety and welfare (including policies on workforce harassment and bullying), so far as those policies apply to the incorporated hospital; (d) to provide strategic oversight of and monitor the incorporated hospital's financial and operational performance; (e) to prepare and keep under review strategies— (i) for the provision of health services by the incorporated hospital; and (ii) to promote consultation with health professionals working in the incorporated hospital; and (iii) to promote consultation with health consumers and community members about the provision of health services by the incorporated hospital; (f) to advise providers and consumers of health services, and other members of the community served by the incorporated hospital, as to the hospital's policies, plans and initiatives for the provision of health services; (g) to manage performance against the performance measures in the service agreement between the incorporated hospital and the Chief Executive; (h) to cooperate with other providers of health services, including providers of primary health care, in planning for, and providing, health services; (i) to endorse the incorporated hospital's annual report; (j) to liaise with the boards of other incorporated hospitals and the Chief Executive in relation to both local and statewide initiatives for the provision of health services. (3) A governing board is also to carry out other functions assigned to the board by or under this or any other Act, or by the Minister. (4) The governing board for an incorporated hospital— (a) must comply with any directions of the Minister and any directions of the Chief Executive; and (b) must comply with any policies of the Department specified by the Minister or the Chief Executive to apply to a governing board in the performance of its functions; and (c) must not exercise a function in a way that is inconsistent with the exercise of a function by the Chief Executive (including a function that has been delegated to the Chief Executive). (5) An act done or decision made by the governing board for an incorporated hospital in the course of official functions and duties is an act or decision of the incorporated hospital. 33A—Engagement strategies (1) The governing board for an incorporated hospital must develop and publish the following strategies: (a) a strategy to promote consultation with health professionals working in the incorporated hospital (a clinician engagement strategy); (b) a strategy to promote consultation with health consumers and members of the community about the provision of health services by the incorporated hospital (a consumer and community engagement strategy). (2) The governing board must consult with the following persons in developing and reviewing the strategies: (a) for the clinician engagement strategy—health professionals working in the incorporated hospital; (b) for the consumer and community engagement strategy—health consumers and members of the community. (3) A strategy developed and published under this section must— (a) satisfy any requirements prescribed by regulation for that strategy; and (b) be published in a way that allows the strategy to be accessed by members of the public, including, for example, on the Internet. (3a) The governing board for an incorporated hospital must complete a review of each strategy published under this section within 3 years after it is first published and thereafter within 3 years after each review. (3b) If an amended strategy, or new strategy, is developed as a result of a review under subsection (3a), the governing board must publish the amended strategy, or new strategy, (as the case requires) in accordance with the requirements of this section. (4) The governing board and the incorporated hospital must give effect to the strategies developed and published under this section in performing functions under this Act. 33B—Composition of governing boards for incorporated hospitals (1) A governing board for an incorporated hospital consists of 6 or more members (but not more than 8) appointed by the Minister, being persons who collectively have, in the opinion of the Minister, knowledge, skills and experience necessary to enable the board to carry out its functions effectively. (2) As far as is practicable, the membership of a governing board for an incorporated hospital must comprise persons who between them have knowledge of, and experience and expertise in, the following fields: (a) health management; (b) clinical governance; (c) commercial management; (d) financial management; (e) the practice of the law; (f) the provision of health services; (g) other knowledge, experience and expertise that, in the opinion of the Minister, will enable the effective performance of the board's functions. (3) At least 2 members of a governing board must be health professionals. (4) At least 1 member of a governing board must be a person who has expertise, knowledge or experience in relation to Aboriginal health. (5) A person is not eligible for appointment to the governing board for an incorporated hospital if— (a) the person is employed or engaged to work at the incorporated hospital; or (c) the person is an employee of the Department. (6) A governing board must, as far as practicable, be comprised of equal numbers of women and men. (7) On the office of a member of a governing board becoming vacant, a person may be appointed in accordance with this Act to the vacant office. (8) The Minister may appoint a suitable person to be the deputy of a member of a governing board during any period of absence of the member (and any reference to a member in this Act will be taken to include, unless the contrary intention appears, a reference to a deputy while acting as a member of the board). (9) In this section— health professional means— (a) an individual who holds, or has previously held, general registration in a health profession under the Health Practitioner Regulation National Law (South Australia); or (b) an individual who practises, or has previously practised, a profession providing health services involving the provision of care or treatment to other persons (directly or indirectly). 33C—Members of governing boards for incorporated hospitals to act in public interest A member of a governing board for an incorporated hospital is to act impartially and in the public interest in performing the member's duties. 33D—Disclosure of pecuniary or personal interest (1) A member of a governing board who has a pecuniary or personal interest in a matter being considered or about to be considered by the board must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board. (2) A member of a committee who has a pecuniary or personal interest in a matter being considered or about to be considered by the committee must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a committee meeting. (3) A member of a governing board or a committee who has a pecuniary or personal interest in a matter being considered or about to be considered by the board or the committee— (a) must not vote, whether at a meeting or otherwise, on the matter; and (b) must not be present while the matter is being considered at the meeting. (4) Subsection (3) does not apply if— (a) a member of a governing board or committee has disclosed an interest in a matter under subsection (1) or (2); and (b) the board or committee (as the case requires) has at any time passed a resolution that— (i) specifies the member, the interest and the matter; and (ii) states that the members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct and should not disqualify the member from considering or voting on the matter. (5) Despite a provision of Schedule 3, if a member of a governing board is disqualified under subsection (3) in relation to a matter, a quorum is present during the consideration of the matter if at least half the number of members who are entitled to vote on any motion that may be moved at the meeting in relation to the matter are present. (6) The Minister may by instrument in writing declare that subsection (3) or subsection (5), or both, do not apply in relation to a specified matter either generally or in voting on particular resolutions. (7) The Minister must cause a copy of a declaration under subsection (6) to be laid before both Houses of Parliament within 14 sitting days after the declaration is made. (8) Particulars of a disclosure made under subsection (1) or (2) at a meeting of a governing board or committee of a governing board must be recorded— (a) in the minutes of the meeting; and (b) in a register kept by the board which must be reasonably available for inspection by any person. (9) A reference in subsection (3) to a matter includes a reference to a proposed resolution under subsection (4) in respect of the matter, whether relating to that member or a different member. (10) Subsection (2) applies to a person who is a member of a committee and also a member of a governing board even though the person has already disclosed the nature of the interest at a board meeting. (11) A contravention of this section does not invalidate any decision of the board. (12) Section 8 of the Public Sector (Honesty and Accountability) Act 1995 does not apply to a member of a governing board. (13) In this section— committee means a committee or subcommittee established by a governing board under Schedule 3 clause 9. 33E—Chief executive officer for incorporated hospital (1) The governing board for an incorporated hospital may, after consultation with the Chief Executive, appoint— as the chief executive officer of the incorporated hospital. (2) An appointment under subsection (1)— (a) takes effect following confirmation of the appointment by the Chief Executive; and (b) is revocable by the governing board at any time, subject to the confirmation of the Chief Executive. (3) The chief executive officer of an incorporated hospital is responsible for managing the operations and affairs of the hospital and is accountable to, and subject to the direction of, the governing board for the hospital in undertaking that function (although the governing board cannot give a direction concerning the clinical treatment of a particular person). (4) An act done or decision made by the chief executive officer of an incorporated hospital in the course of official functions and duties is an act or decision of the incorporated hospital. 33F—Provisions relating to members, procedures, committees and subcommittees etc

Schedule 3 applies in respect of governing boards for incorporated hospitals. Division 3—Employed staff 34—Employed staff (1) An employing authority may employ persons to perform functions in connection with the operations or activities of an incorporated hospital. (2) The terms and conditions of employment of a person under subsection (1) will be fixed by the Chief Executive and approved by the Commissioner for Public Sector Employment. (2a) For the purposes of subsection (2), the Chief Executive must issue policies and directives relating to terms and conditions of employment of persons appointed under subsection (1). (3) A person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009). (4) An employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of another incorporated hospital, an incorporated health service or any other public sector agency specified by the employing authority (and the person must comply with that direction). (5) An employing authority is, in acting under this section, subject to direction by the Minister. (6) However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person. (7) An employing authority may delegate a power or function under this section. (8) A delegation under subsection (7)— (b) may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and (d) may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and (8a) If— (a) the chief executive officer of an incorporated hospital is designated as an employing authority; or (b) a power or function of an employing authority under this section is delegated to the chief executive officer of an incorporated hospital, no direction may be given by the governing board of the incorporated hospital to the chief executive officer relating to the appointment, transfer, remuneration, discipline or termination of a particular person. (9) A change in the person who constitutes an employing authority under this Act will not affect the continuity of employment of a person under this section. (10) An incorporated hospital must, at the direction of the Minister, the Treasurer or an employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities). (11) An incorporated hospital does not have the power to employ any person unless specifically authorised by the Minister. (12) An incorporated hospital may, under an arrangement established by the responsible Minister or, if relevant, approved by a responsible public sector entity, make use of the staff, services or facilities of an administrative unit or another public sector agency. (13) On the incorporation of a hospital under this Part, any Public Service employees who had, before the date of incorporation, been assigned by the Chief Executive to work in the hospital and have been designated by the Chief Executive as employees to whom this subsection applies will become persons employed by the employing authority under this section on terms and conditions fixed by the Chief Executive (without reduction of salary or status). 35—Superannuation and accrued rights etc (1) An employing authority may enter into arrangements contemplated by section 5 of the Superannuation Act 1988 with respect to a person employed at an incorporated hospital. (2) If a person commences employment by an employing authority at an incorporated hospital after ceasing to be employed— (b) by the employing authority or another employing authority at any incorporated hospital; or (c) as a member of the staff of SAAS, and that employment at the incorporated hospital follows immediately on the cessation of that previous employment, then— (d) the person's existing and accruing rights immediately before the cessation of that previous employment in respect of recreation leave, sick leave and long service leave continue in full force and effect as if that previous employment had been employment by the employing authority at the incorporated hospital; and (e) the person is not entitled to payment in lieu of those rights. (3) Except where subsection (2) applies, if a person commences employment by an employing authority at an incorporated hospital within 3 months after ceasing to be employed— (b) by the employing authority or another employing authority at an incorporated hospital; or (c) as a member of the staff of SAAS; or (d) in prescribed employment, the person's existing and accruing rights immediately before the cessation of that employment in respect of recreation leave, sick leave and long service leave continue, to the extent directed by the employing authority and subject to such conditions as may be determined by the employing authority, as if that previous employment had been employment by the employing authority at the hospital. Division 4—Accounts, audits and reports 36—Accounts and audit (1) An incorporated hospital must cause proper accounts to be kept of its financial affairs and financial statements to be prepared in respect of each financial year. (2) The Auditor‑General may at any time, and must in respect of each financial year, audit the accounts and financial statements of an incorporated hospital. 37—Annual report (1) An incorporated hospital must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of the incorporated hospital during that financial year. (2) The report must incorporate the audited accounts and financial statements of the incorporated hospital for the financial year. (3) The Minister must, within 12 sitting days after the receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. Division 5—Sites, facilities and property 38—Ability to operate at various sites An incorporated hospital may be established or undertake its activities in relation to various sites. 39—Ability to provide a range of services and facilities (1) An incorporated hospital may establish, maintain and operate— (a) sites that provide a variety of health services; (b) health and community care services for all or specific sections of the community, including residential services for the aged and other vulnerable groups, or for persons who must interact with the public health system; (c) other forms of service or facilities (including services and facilities that benefit (directly or indirectly) staff, patients or visitors, and services and residential facilities for the aged and other forms of accommodation). (2) The Minister may establish guidelines about the services or facilities that may be provided under subsection (1)(c) (and may, in so doing, provide that the Minister's approval is required before a service or facility of a specified kind is established at a hospital). Division 6—Delegations 41—Delegations (1) An incorporated hospital may delegate a function or power conferred on the incorporated hospital—

Division 7—By-laws and removal of persons 42—By-laws (1) An incorporated hospital may make, alter and repeal by‑laws for all or any of the following purposes: (a) to prohibit persons from trespassing on the grounds of the hospital; (b) to define parts of the grounds of the hospital as prohibited areas and to prohibit persons from entering any part of any such prohibited area or to provide for the removal of persons from any such area; (c) to prevent damage to the property, buildings or grounds of the hospital; (d) to regulate the speed at which vehicles may be driven within the grounds of the hospital; (e) to prohibit dangerous or careless driving of vehicles within the grounds of the hospital; (f) to prescribe the routes to be followed by traffic within the grounds of the hospital; (g) to prohibit or regulate the standing, parking or ranking of vehicles within the grounds of the hospital and to provide for the removal of vehicles from the grounds; (h) to require drivers of vehicles within the grounds of the hospital to comply with traffic directions; (i) to regulate traffic of all kinds within the grounds of the hospital; (j) to prohibit disorderly or offensive behaviour within the hospital or the grounds of the hospital; (k) to regulate, restrict or prohibit the consumption of alcoholic liquor or unlawful substances within the hospital or the grounds of the hospital; (l) to prohibit or regulate the smoking of tobacco; (m) to prevent undue noise within the hospital or the grounds of the hospital; (n) to provide for the appointment of authorised officers, and to confer functions and powers on authorised officers and other persons, in connection with the administration of the hospital or the operation or enforcement of the by‑law; (o) to prescribe any other matters necessary or expedient for the maintenance of good order, the protection of property of the hospital or the prevention of hindrance to, or interference with, any activities conducted within the hospital or its grounds; (p) to prescribe fines, not exceeding $1 000, for contravention of any by‑law (including any direction given under any by‑law); (q) to fix expiation fees, not exceeding $200, for alleged offences against the by‑laws. (2) A by‑law made under this section must be submitted to the Minister for approval. (3) On approval of a by‑law under this section, the by‑law must be transmitted to the Governor for confirmation and, on confirmation by the Governor, comes into force. (4) In any proceedings relating to an offence against a by‑law— (a) an allegation in a complaint that any specified place is or was within the grounds of a hospital will be taken to be proved in the absence of proof to the contrary; (b) an allegation in a complaint that a person named in the complaint was the owner of a vehicle referred to in the complaint will be taken to be proved in the absence of proof to the contrary; (c) where it is proved that a vehicle was parked within the grounds of a hospital in contravention of a by‑law, it will be presumed, in the absence of proof to the contrary, that the vehicle was so parked by the owner of the vehicle. (5) The Minister may exclude or limit an incorporated hospital from the ability to make by‑laws under this section. 43—Removal of persons (1) This section applies to a person— (a) who is present at a site at which an incorporated hospital provides any health services; and (b) who— (i) is considered by an authorised officer to be acting in a manner that constitutes disorderly or offensive behaviour; or (ii) is considered by an authorised officer on reasonable grounds to be a threat to another person at the site; or (iii) is suspected by an authorised officer on reasonable grounds of being unlawfully in possession of an article or substance; or (iv) without limiting a preceding subparagraph, is suspected by an authorised officer on reasonable grounds to have committed, or to be likely to commit, an offence against any Act or law. (2) An authorised officer may exercise 1 or more of the following powers in relation to a person to whom this section applies: (a) the authorised officer may require the person to provide the person's name and address, and to answer questions; (b) the authorised officer may require the person to submit to a search of his or her clothes, or of anything in his or her possession; (c) the authorised officer may seize anything in the person's possession that the authorised officer believes on reasonable grounds— (i) could be used to harm a person on the site; or (ii) constitutes an article or substance the possession of which is unlawful in the circumstances; (d) the authorised officer may require the person to leave the site and, if the person does not immediately do so, the authorised officer may use reasonable force to remove the person; (e) the authorised officer may require that the person not return to the site for a period (not exceeding 24 hours) specified by the authorised officer. (3) An authorised officer must, before acting under subsection (2)(d) or (e), take reasonable steps to ensure that the person is not in need of medical assistance. (4) An authorised officer may restrain a person to the extent necessary to exercise a power under subsection (2). (5) In the exercise of powers under this section, an authorised officer may be assisted by such persons as may be necessary or desirable in the circumstances. (6) A person who— (a) without reasonable excuse, fails to comply with a requirement of an authorised officer under this section; or (b) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or (c) without reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an authorised officer, is guilty of an offence. (7) A person is not obliged to answer a question under this section if to do so might incriminate the person. (8) In this section— authorised officer means an authorised officer appointed under a by‑law made by an incorporated hospital under this Division.

Division 8—Fees 44—Fees (1) The Minister may, by notice in the Gazette, set fees (including differential fees) to be charged by any incorporated hospital in respect of any service provided by it. (2) Without limiting the effect of subsection (1), the Minister may provide that no fee is payable in respect of a service of a specified class or a service provided to a person of a specified class. (3) Fees payable to a hospital (whether regulated under this section or not) for a service provided by it may be recovered from— (a) the person to whom the service was provided; or (b) the spouse or domestic partner of that person; or (c) if the service was provided to a person under the age of 18 years, the parent or parents of that person. (4) If fees are recovered from a person under this section, he or she may recover as a debt from any other person who is jointly liable for the payment of the fees a contribution fixed by the court in which proceedings for recovery of the contribution are taken.

Division 9—Rights of hospitals against insurers 45—Interpretation In this Division— accident to which this Division applies means an accident— (a) caused by, or arising out of, the use of a motor vehicle; and (b) in which some person has suffered bodily injury; bodily injury includes mental or nervous shock; designated entity means— (a) any hospital, whether incorporated under this Act or not; or (ab) an incorporated health service; or (b) SAAS; insurer means any person, or association of persons, carrying on the business of insurance; owner, in relation to a motor vehicle, means the person registered as the owner of the vehicle. 46—Report of accidents to which this Division applies (1) The Commissioner of Police must, on receipt of a report that an accident to which this Division applies has occurred, furnish the Minister with such of the prescribed particulars of the accident as are known to the Commissioner. (2) An insurer must, within 7 days after receipt of a report that an accident to which this Division applies has occurred, furnish the Minister with such of the prescribed particulars of the accident as are known to the insurer. Maximum penalty: $2 500. (3) The prescribed particulars of an accident to which this Division applies are— (a) the nature of the accident and the time and place at which it occurred; and (b) the name and address of each person injured in the accident; and (c) the name and address of the driver of each vehicle involved in the accident; and (d) the name and address of the owner of each vehicle involved in the accident; and (e) the name and address of any insurer who has insured the owner or driver (or both) of a vehicle involved in the accident in respect of bodily injury caused by, or arising out of, the use of the vehicle. 47—Notice by designated entity to insurer (1) If a person suffers bodily injury in an accident to which this Division applies and a designated entity provides a health service to that person in respect of that bodily injury, the designated entity may give, personally or by post, to an insurer notice stating that the person has been provided with a health service by the designated entity and that the designated entity has a claim for payment for the health service that has been provided. (2) A notice may be given under this section notwithstanding that the person who has been provided with the health service has died. 48—First claim of designated entity (1) If a notice has been given by a designated entity to an insurer under this Division, the designated entity has first claim on any money to be paid by the insurer in respect of the bodily injury of the person to whom the notice relates. (2) If an insurer on whom a notice has been served under this Division proposes to pay money in respect of the bodily injury of the person to whom the notice relates (whether or not the money is to be paid in pursuance of an order of the court or voluntarily by the insurer, with or without an admission of liability), the money must be applied by the insurer— (a) first, in or towards satisfaction of the claim of the designated entity; and (b) as to any residue, in the same manner as if this Division had not been enacted. (3) If notices have been served under this Division on an insurer by 2 or more designated entities in respect of the same patient and the money to be paid by the insurer is not sufficient to meet the claims of both or all of those designated entities, the money must be divided between the designated entities in proportion to their respective claims. (4) If an insurer fails to make a payment to a designated entity as required by this section, the designated entity may, by action in a court of competent jurisdiction, recover the amount of the payment that should have been made to the designated entity as a debt due to it from the insurer.

Division 10—Inspectors 48A—Inspectors (1) The Minister may, by instrument in writing, appoint suitable persons to be inspectors for the purposes of inspecting, investigating and assessing the administration, operations and governance of incorporated hospitals. (2) An inspector holds office on the conditions stated in the instrument of appointment. (3) An inspector appointed under subsection (1) may, at any reasonable time, enter the premises of an incorporated hospital (including the premises of the governing board for an incorporated hospital) and, while on the premises, may— (b) require any person to answer any questions, orally or in writing; and (c) require any person to produce any documents or records; and (d) examine any documents or records and take extracts from, or make copies of, any of them; and (e) seize any documents or records that, in the opinion of the inspector, constitute evidence of a breach of a provision of this Act. (4) An inspector must, at the request of a person in relation to whom the inspector intends to exercise powers under this section, produce for the inspection of the person the inspector's instrument of appointment, or a copy of the instrument. (5) An inspector may, in exercising powers under this section, be assisted by such other persons as are reasonably necessary for the purpose. (6) A person must not refuse or fail to comply with a requirement made pursuant to this section. (7) A person must not hinder or obstruct an inspector, or a person assisting an inspector, in the exercise of the powers conferred by this section. Part 5AA—Incorporated Health Services Division 1—Incorporation 48AB—Incorporation (1) The Governor may, by proclamation, establish an incorporated health service to provide 1 or more health services under this Act (other than health services that are provided to persons on a live-in basis) and assign a name to the incorporated health service. (2) The Governor may, by proclamation— (a) alter the name of an incorporated health service; (b) dissolve an incorporated health service. (3) The Governor may, by a proclamation under subsection (2)(b) or by a separate proclamation— (a) transfer the assets, rights and liabilities of an incorporated health service dissolved under this section (either as a whole or in separate parcels specified by proclamation)— (ii) to another incorporated health service; or (iv) to the Crown, or to another agent or instrumentality of the Crown; or (v) with the agreement of the person or body—to a person or body that is not an agent or instrumentality of the Crown; and (b) make other provisions that in the opinion of the Governor are necessary or expedient in connection with the dissolution of an incorporated health service under this section. 48AC—General powers of incorporated health service (1) An incorporated health service is a body corporate with perpetual succession and a common seal and, subject to any determination of the Minister— (a) is capable of holding, acquiring, dealing with, and disposing of, real and personal property (including the power to enter into a lease); and (b) is capable of acquiring or incurring other assets, rights or liabilities; and (c) is capable of entering into contracts; and (d) is capable of suing and being sued; and (e) is able to promote the formation of a company under the Corporations Act 2001 of the Commonwealth and to hold shares or other interests in any body corporate; and (f) is capable of administering any property on trust or accepting gifts (and, if any gift is affected by a trust, is empowered to carry out the terms of the trust); and (g) has the functions, rights, powers, authorities, duties and obligations conferred, imposed or prescribed under this or any other Act (and including such powers necessary or expedient for, or incidental to, the performance of any function). (2) Without limiting subsection (1), an incorporated health service may undertake the following functions: (a) to undertake or facilitate— (i) the commercial exploitation of knowledge arising from its activities; or (ii) the commercial development of its services, functions or expertise; (b) to produce and sell instruments or other equipment for use in— (i) the provision of medical services, including medical diagnostic services; or (ii) the teaching of medical science; or (iii) scientific research; (c) to provide consultancy services; (d) to provide and maintain a drug and alcohol testing service for such persons as the health service thinks fit; (e) to conduct a testing service for the purpose of determining parentage or other human genetic relationships; (f) to provide and maintain such services or facilities as a Minister may require in relation to— (i) veterinary laboratory services, or services to veterinary surgeons in private practice, or other veterinary services provided by a public sector agency within the meaning of the Public Sector Act 2009; or (ii) research in the field of veterinary science; (g) to conduct such other activities considered appropriate by the Minister that can be efficiently or effectively managed through the use of the incorporated health service's facilities and resources. (3) An incorporated health service may hold a licence or any other form of authority or accreditation (including a licence, authority or accreditation issued under a law of the Commonwealth or of another State or a Territory). (4) An incorporated health service is an instrumentality of the Crown. (5) Subject to subsection (6), an incorporated health service holds its property on behalf of the Crown. (6) Subsection (5) does not apply to the extent that an incorporated health service holds any property on trust. (7) Without limiting subsection (6), in the event of an inconsistency between the operation or effect of a provision under this Part and the duties or responsibilities of an incorporated health service as a trustee, the provisions of this Part will not apply in a particular case to the extent of the inconsistency. (8) Without limiting any other provision, an incorporated health service may establish any fund (including a gift fund) or account. (9) An incorporated health service may exercise its powers within or outside the State. (10) An incorporated health service may not exercise its power under subsection (1)(e) without the approval of the Governor. 48AD—Common seal Where an apparently genuine document purports to bear the common seal of an incorporated health service, it will be presumed, in the absence of proof to the contrary, that the common seal of that incorporated health service was duly affixed to that document. Division 2—Functions of incorporated health service 48AE—Functions (1) An incorporated health service's main function is to provide— (a) health services stated in the service agreements for the incorporated health service; and (b) teaching, training and research that supports the provision of health services as agreed with the Chief Executive; and (c) any other services agreed with the Chief Executive. (2) An incorporated health service also has the following functions— (a) to ensure the operations of the incorporated health service are carried out efficiently, effectively and economically; (b) to enter into, and comply with, service agreements with the Chief Executive; (c) to comply with the policy frameworks and directions of the Chief Executive that apply or relate to the incorporated health service; (d) to prepare and keep under review strategies— (i) for the provision of health services by the incorporated health service; and (ii) to promote consultation with health professionals working in the incorporated health service; and (iii) to promote consultation with health consumers and community members about the provision of health services by the incorporated health service; (e) to establish an efficient and effective procedure for dealing with complaints about the provision of health services by the incorporated health service; (f) to report to the Chief Executive on the provision of health services by the incorporated health service; (g) to monitor and improve the quality of health services provided by the incorporated health service; (h) to develop and implement corporate and clinical governance arrangements for the incorporated health service; (i) to maintain land, buildings and other assets controlled and managed by the incorporated health service; (j) to cooperate with other providers of health services, including providers of primary health care, in planning for, and providing, health services; (k) to manage the performance of the incorporated health service against the performance measures and operational targets stated in the service agreements; (l) to provide performance data, other data and any other information the Chief Executive may require to the Chief Executive; (m) other functions imposed under this Act or any other Act; (n) other functions necessary or incidental to the functions mentioned in a preceding paragraph. clinical governance arrangements means policies, processes and systems for maintaining and improving— (a) patient safety, quality and care; and (b) the effectiveness and dependability of services provided by an incorporated health service. 48AF—Transfer of functions etc The Governor may, by proclamation— (a) transfer all or some of the functions of an incorporated health service to another incorporated health service or to an incorporated hospital; (b) transfer the assets, rights and liabilities of an incorporated health service to another incorporated health service or to an incorporated hospital; (c) make other provisions that in the opinion of the Governor are necessary or expedient in connection with a transfer under this section. Division 3—Management arrangements 48AG—Governance and management arrangements (1) Each incorporated health service is to be governed by a board (a governing board). (2) The functions of a governing board for an incorporated health service include the following: (a) to ensure effective clinical and corporate governance frameworks are established to support the maintenance and improvement of standards of patient care and services by the incorporated health service and to approve those frameworks; (b) to ensure— (i) the operations of the incorporated health service are carried out efficiently, effectively and economically; and (ii) the incorporated health service manages its budget so that performance targets are met; and (iii) that resources are applied equitably to meet the needs of the community served by the incorporated health service; (c) to ensure strategic plans to guide the delivery of services are developed for the incorporated health service and to approve those plans; (d) to ensure that the incorporated health service— (i) promotes a healthy workforce culture for and among staff employed to work within the incorporated health service; and (ii) implements measures to provide for and promote the health, safety and wellbeing of those staff within the workplace (including the psychosocial health, safety and wellbeing of staff); and (iii) implements policies issued by the Chief Executive on workforce health, safety and welfare (including policies on workforce harassment and bullying), so far as those policies apply to the incorporated health service; (e) to provide strategic oversight of and monitor the incorporated health service's financial and operational performance; (f) to prepare and keep under review strategies— (i) for the provision of health services by the incorporated health service; and (ii) to promote consultation with health professionals working in the incorporated health service; and (iii) to promote consultation with health consumers and community members about the provision of health services by the incorporated health service; (g) to advise providers and consumers of health services, and other members of the community served by the incorporated health service, as to the health service's policies, plans and initiatives for the provision of health services; (h) to manage performance against the performance measures in the service agreement between the incorporated health service and the Chief Executive; (i) to cooperate with other providers of health services, including providers of primary health care, in planning for, and providing, health services; (j) to endorse the incorporated health service's annual report; (k) to liaise with the boards of other incorporated health services and incorporated hospitals and the Chief Executive in relation to both local and statewide initiatives for the provision of health services. (3) A governing board is also to carry out other functions assigned to the board by or under this or any other Act, or by the Minister. (4) The governing board for an incorporated health service— (a) must comply with any directions of the Minister and any directions of the Chief Executive; and (b) must comply with any policies of the Department specified by the Minister or the Chief Executive to apply to a governing board in the performance of its functions; and (c) must not exercise a function in a way that is inconsistent with the exercise of a function by the Chief Executive (including a function that has been delegated to the Chief Executive). (5) An act done or decision made by the governing board for an incorporated health service in the course of official functions and duties is an act or decision of the incorporated health service. 48AH—Composition of governing boards for incorporated health services (1) A governing board for an incorporated health service consists of 6 or more members (but not more than 8) appointed by the Minister, being persons who collectively have, in the opinion of the Minister, knowledge, skills and experience necessary to enable the board to carry out its functions effectively. (2) As far as is practicable, the membership of a governing board for an incorporated health service must comprise persons who between them have knowledge of, and experience and expertise in, the following fields: (a) health management; (b) clinical governance; (c) commercial management; (d) financial management; (e) the practice of the law; (f) the provision of health services; (g) other knowledge, experience and expertise that, in the opinion of the Minister, will enable the effective performance of the board's functions. (3) At least 2 members of a governing board must be health professionals. (4) At least 1 member of a governing board must be a person who has expertise, knowledge or experience in relation to Aboriginal health. (5) A person is not eligible for appointment to the governing board for an incorporated health service if— (a) the person is employed or engaged to work at the incorporated health service; or (b) the person is an employee of the Department. (6) A governing board must, as far as practicable, be comprised of equal numbers of women and men. (7) On the office of a member of a governing board becoming vacant, a person may be appointed in accordance with this Act to the vacant office. (8) The Minister may appoint a suitable person to be the deputy of a member of a governing board during any period of absence of the member (and any reference to a member in this Act will be taken to include, unless the contrary intention appears, a reference to a deputy while acting as a member of the board). (9) In this section— health professional means— (a) an individual who holds, or has previously held, general registration in a health profession under the Health Practitioner Regulation National Law (South Australia); or (b) an individual who practises, or has previously practised, a profession providing health services involving the provision of care or treatment to other persons (directly or indirectly). 48AI—Members of governing boards for incorporated health services to act in public interest A member of a governing board for an incorporated health service is to act impartially and in the public interest in performing the member's duties. 48AJ—Disclosure of pecuniary or personal interest (1) A member of a governing board who has a pecuniary or personal interest in a matter being considered or about to be considered by the board must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the board. (2) A member of a committee who has a pecuniary or personal interest in a matter being considered or about to be considered by the committee must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a committee meeting. (3) A member of a governing board or a committee who has a pecuniary or personal interest in a matter being considered or about to be considered by the board or the committee— (a) must not vote, whether at a meeting or otherwise, on the matter; and (b) must not be present while the matter is being considered at the meeting. (4) Subsection (3) does not apply if— (a) a member of a governing board or committee has disclosed an interest in a matter under subsection (1) or (2); and (b) the board or committee (as the case requires) has at any time passed a resolution that— (i) specifies the member, the interest and the matter; and (ii) states that the members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing member's conduct and should not disqualify the member from considering or voting on the matter. (5) Despite a provision of Schedule 3, if a member of a governing board is disqualified under subsection (3) in relation to a matter, a quorum is present during the consideration of the matter if at least half the number of members who are entitled to vote on any motion that may be moved at the meeting in relation to the matter are present. (6) The Minister may by instrument in writing declare that subsection (3) or subsection (5), or both, do not apply in relation to a specified matter either generally or in voting on particular resolutions. (7) The Minister must cause a copy of a declaration under subsection (6) to be laid before both Houses of Parliament within 14 sitting days after the declaration is made. (8) Particulars of a disclosure made under subsection (1) or (2) at a meeting of a governing board or committee of a governing board must be recorded— (a) in the minutes of the meeting; and (b) in a register kept by the board which must be reasonably available for inspection by any person. (9) A reference in subsection (3) to a matter includes a reference to a proposed resolution under subsection (4) in respect of the matter, whether relating to that member or a different member. (10) Subsection (2) applies to a person who is a member of a committee and also a member of a governing board even though the person has already disclosed the nature of the interest at a board meeting. (11) A contravention of this section does not invalidate any decision of the board. (12) Section 8 of the Public Sector (Honesty and Accountability) Act 1995 does not apply to a member of a governing board. (13) In this section— committee means a committee or subcommittee established by a governing board under Schedule 3 clause 9. 48AK—Chief executive officer for incorporated health service (1) The governing board for an incorporated health service may, after consultation with the Chief Executive, appoint— as the chief executive officer of the incorporated health service. (2) An appointment under subsection (1)— (a) takes effect following confirmation of the appointment by the Chief Executive; and (b) is revocable by the governing board at any time, subject to the confirmation of the Chief Executive. (3) The chief executive officer of an incorporated health service is responsible for managing the operations and affairs of the health service and is accountable to, and subject to the direction of, the governing board for the health service in undertaking that function (although the governing board cannot give a direction concerning the clinical treatment of a particular person). (4) An act done or decision made by the chief executive officer of an incorporated health service in the course of official functions and duties is an act or decision of the incorporated health service. 48AL—Provisions relating to members, procedures, committees and subcommittees etc Schedule 3 applies in respect of governing boards for incorporated health services. Division 4—Employed staff 48AM—Employed staff (1) An employing authority may employ persons to perform functions in connection with the operations or activities of an incorporated health service. (2) The terms and conditions of employment of a person under subsection (1) will be fixed by the Chief Executive and approved by the Commissioner for Public Sector Employment. (3) For the purposes of subsection (2), the Chief Executive must issue policies and directives relating to terms and conditions of employment of persons appointed under subsection (1). (4) A person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009). (5) An employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of another incorporated health service, an incorporated hospital, or any other public sector agency, specified by the employing authority (and the person must comply with that direction). (6) An employing authority is, in acting under this section, subject to direction by the Minister. (7) However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person. (8) An employing authority may delegate a power or function under this section. (9) A delegation under subsection (8)— (b) may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and (d) may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and (10) If— (a) the chief executive officer of an incorporated health service is designated as an employing authority; or (b) a power or function of an employing authority under this section is delegated to the chief executive officer of an incorporated health service, no direction may be given by the governing board of the incorporated health service to the chief executive officer relating to the appointment, transfer, remuneration, discipline or termination of a particular person. (11) A change in the person who constitutes an employing authority under this Act will not affect the continuity of employment of a person under this section. (12) An incorporated health service must, at the direction of the Minister, the Treasurer or an employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities). (13) An incorporated health service does not have the power to employ any person unless specifically authorised by the Minister. (14) An incorporated health service may, under an arrangement established by the responsible Minister or, if relevant, approved by a responsible public sector entity, make use of the staff, services or facilities of an administrative unit or another public sector agency. (15) On the incorporation of a health service under this Part, any Public Service employees who had, before the date of incorporation, been assigned by the Chief Executive to work in the health service and have been designated by the Chief Executive as employees to whom this subsection applies will become persons employed by the employing authority under this section on terms and conditions fixed by the Chief Executive (without reduction of salary or status). 48AN—Superannuation and accrued rights etc (1) An employing authority may enter into arrangements contemplated by section 5 of the Superannuation Act 1988 with respect to a person employed at an incorporated health service. (2) If a person commences employment by an employing authority at an incorporated health service after ceasing to be employed— (b) by the employing authority or another employing authority at any incorporated hospital or incorporated health service; or (c) as a member of the staff of SAAS, and that employment at the incorporated health service follows immediately on the cessation of that previous employment, then— (d) the person's existing and accruing rights immediately before the cessation of that previous employment in respect of recreation leave, sick leave and long service leave continue in full force and effect as if that previous employment had been employment by the employing authority at the incorporated health service; and (e) the person is not entitled to payment in lieu of those rights. (3) Except where subsection (2) applies, if a person commences employment by an employing authority at an incorporated health service within 3 months after ceasing to be employed— (b) by the employing authority or another employing authority at an incorporated hospital or incorporated health service; or (c) as a member of the staff of SAAS; or (d) in prescribed employment, the person's existing and accruing rights immediately before the cessation of that employment in respect of recreation leave, sick leave and long service leave continue, to the extent directed by the employing authority and subject to such conditions as may be determined by the employing authority, as if that previous employment had been employment by the employing authority at the health service. Division 5—Accounts, audits and reports 48AO—Accounts and audit (1) An incorporated health service must cause proper accounts to be kept of its financial affairs and financial statements to be prepared in respect of each financial year. (2) The Auditor‑General may at any time, and must in respect of each financial year, audit the accounts and financial statements of an incorporated health service. 48AP—Annual report (1) An incorporated health service must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of the incorporated health service during that financial year. (2) The report must incorporate the audited accounts and financial statements of the incorporated health service for the financial year. (3) The Minister must, within 12 sitting days after the receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. Division 6—Sites, facilities and property 48AQ—Ability to operate at various sites An incorporated health service may be established or undertake its activities— (a) in relation to specified health services or a specified class, or classes, of health services; (b) in relation to 1 or more sites or the State generally. 48AR—Ability to provide a range of services and facilities (1) An incorporated health service may establish, maintain and operate— (a) sites that provide a variety of health services; (b) health and community care services for all or specific sections of the community, including services for the aged and other vulnerable groups, or for persons who must interact with the public health system; (c) other forms of service or facilities (including services and facilities that benefit (directly or indirectly) staff, patients or visitors, and services and facilities for the aged). (2) The Minister may establish guidelines about the services or facilities that may be provided under subsection (1)(c) (and may, in so doing, provide that the Minister's approval is required before a service or facility of a specified kind is established at a health service). Division 7—Delegations 48AS—Delegations (1) An incorporated health service may delegate a function or power conferred on the incorporated health service— Division 8—Fees 48AT—Fees (1) The Minister may, by notice in the Gazette, set fees (including differential fees) to be charged by any incorporated health service in respect of any service provided by it. (2) Without limiting the effect of subsection (1), the Minister may provide that no fee is payable in respect of a service of a specified class or a service provided to a person of a specified class. (3) Fees payable to a health service (whether regulated under this section or not) for a service provided by it may be recovered from— (a) the person to whom the service was provided; or (b) the spouse or domestic partner of that person; or (c) if the service was provided to a person under the age of 18 years, the parent or parents of that person. (4) If fees are recovered from a person under this section, the person may recover as a debt from any other person who is jointly liable for the payment of the fees a contribution fixed by the court in which proceedings for recovery of the contribution are taken. Division 9—Inspectors 48AU—Inspectors (1) The Minister may, by instrument in writing, appoint suitable persons to be inspectors for the purposes of inspecting, investigating and assessing the administration, operations and governance of incorporated health services. (2) An inspector holds office on the conditions stated in the instrument of appointment. (3) An inspector appointed under section 48A will be taken to be an inspector appointed under subsection (1). (4) An inspector may, at any reasonable time, enter the premises of an incorporated health service (including the premises of the governing board for an incorporated health service) and, while on the premises, may— (b) require any person to answer any questions, orally or in writing; and (c) require any person to produce any documents or records; and (d) examine any documents or records and take extracts from, or make copies of, any of them; and (e) seize any documents or records that, in the opinion of the inspector, constitute evidence of a breach of a provision of this Act. (5) An inspector must, at the request of a person in relation to whom the inspector intends to exercise powers under this section, produce for the inspection of the person the inspector's instrument of appointment, or a copy of the instrument. (6) An inspector may, in exercising powers under this section, be assisted by such other persons as are reasonably necessary for the purpose. (7) A person must not refuse or fail to comply with a requirement made pursuant to this section. (8) A person must not hinder or obstruct an inspector, or a person assisting an inspector, in the exercise of the powers conferred by this section.

Part 5A—Health access zones 48B—Interpretation health access zone, in relation to protected premises, means— (a) the protected premises; and (b) any public area located within 150 metres of the protected premises; prohibited behaviour means— (a) to threaten, intimidate or harass another person; or (b) to obstruct another person approaching, entering or leaving protected premises; or (c) to record (by any means whatsoever) images of a person approaching, entering or leaving protected premises; or (d) to communicate by any means in relation to abortions in a manner that is able to be seen or heard by a person accessing, attempting to access, or leaving protected premises and that is reasonably likely to cause distress or anxiety; protected premises means any premises at which abortions are lawfully performed, but does not include a pharmacy within the meaning of Part 4 of the Health Practitioner Regulation National Law (South Australia) Act 2010; public area means an area or place that the public, or a section of the public, is entitled to use or that is open to, or used by, the public or a section of the public (whether access is unrestricted or subject to payment of money, membership of a body or otherwise); publish means to disseminate or provide access to the public or a section of the public by any means, including by— (a) publication in a book, newspaper, magazine or other written publication; or (b) broadcast by radio or television; or (c) public exhibition; or (d) broadcast or electronic communication, and publication is to be construed accordingly. 48C—Object and application of Part (1) The object of this Part is to ensure the safety, wellbeing, privacy and dignity of people accessing abortion services, as well as health professionals and other people providing abortion services. (2) To avoid doubt, nothing in this Part prevents a person from— (a) lawfully engaging in behaviour outside of a health access zone; or (b) engaging in lawful protest, or otherwise engaging in lawful behaviour, within a health access zone in relation to a matter other than abortion. 48D—Certain behaviour prohibited in health access zones (1) A person who engages in prohibited behaviour in a health access zone is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 12 months. (2) However, subsection (1) does not apply in relation to the recording of images, or the communication of information— (a) by a person employed, or otherwise providing services, at protected premises to which the health access zone relates; or (b) that occurs with the permission of the person whose image is recorded, or to whom the information is communicated; or (c) that occurs in circumstances prescribed by the regulations. (3) For the purposes of this section, a person will be taken to be in a health access zone if any part of the person is within the health access zone. 48E—Police officer may direct person to leave health access zone (1) A police officer may, if the police officer reasonably suspects that a person has engaged, or is about to engage, in prohibited behaviour in a health access zone, direct the person to immediately leave the health access zone. (2) A police officer may, if the police officer reasonably suspects that a person or persons are engaging, or are about to engage, in prohibited behaviour in a health access zone, direct any or all persons within the health access zone to immediately leave the health access zone (whether or not the person or persons to whom the direction is given are engaging, or are about to engage, in prohibited behaviour). (3) However, a direction under subsection (2) will be taken not to apply to— (a) a person employed, or otherwise providing services, at protected premises to which the health access zone relates; or (b) a person who has had, or is to have, an abortion, or be provided other services, at protected premises to which the health access zone relates; or (c) a person genuinely accompanying a person referred to in a preceding paragraph; or (d) any other person of a kind declared by the regulations to be included in the ambit of this subsection. (4) A person who refuses or fails to comply with a direction under this section is guilty of an offence. (5) A person who, having been directed to leave a health access zone under this section, without reasonable excuse, re-enters the health access zone within 24 hours after the direction is guilty of an offence. 48F—Offence to publish or distribute recording A person must not, without the consent of the other person, publish or distribute a recording of a person approaching, entering or leaving protected premises if the recording contains information that— (a) identifies, or is likely to lead to the identification of, the other person; and (b) identifies, or is likely to lead to the identification of, the other person as having accessed protected premises.

Part 6—Ambulance services Division 1—South Australian Ambulance Service (SAAS) 49—Continuation of SAAS (1) The SA Ambulance Service Inc (SAAS) continues in existence (as the same body corporate but now to be constituted under this Act). The SA St John Ambulance Service Inc, incorporated on 1 July 1993 under the Associations Incorporation Act 1985 for the purpose of carrying on the business of providing ambulance services, continued in existence under the Ambulance Services Act 1992 under the name SA Ambulance Service Inc (SAAS). (2) SAAS— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) is capable of suing and being sued; and (d) has all the powers of a natural person that are capable of being exercised by a body corporate; and (e) has the functions and powers assigned or conferred by or under this or any other Act. (3) SAAS is an agency of the Crown and holds its property on behalf of the Crown. (4) Subsection (3) does not apply to the extent that SAAS holds any property on trust. (6) The staff of SAAS will be constituted by— (a) persons employed under this Division to perform functions in connection with the operations or activities of SAAS (subject to any direction or arrangement under this Division); and (b) volunteers who are appointed by SAAS to perform functions in connection with the operations or activities of SAAS. 50—Management arrangements (1) The Chief Executive is responsible for the administration of SAAS. (2) The Chief Executive may, by instrument in writing, appoint— as the chief executive officer of SAAS. (3) An appointment under subsection (2) is revocable at will and does not prevent the Chief Executive from acting personally in a matter. (4) In addition, a person acting under subsection (2) is subject to the control and direction of the Chief Executive (although the Chief Executive cannot give a direction concerning the clinical treatment of a particular person). (5) An act done or decision made by the Chief Executive, or a person acting under subsection (2), in the administration or management of SAAS (including by exercising a power of SAAS under this or any other Act) is an act or decision of SAAS. 51—Functions and powers of SAAS (1) The functions of SAAS are— (a) to provide ambulance services envisaged by this Part (making use of the services of both volunteer and employed staff); and (b) to carry out any other functions assigned or conferred to SAAS by or under this or any other Act. (2) SAAS may, if— (a) an identified major incident, a major emergency or a disaster is declared under the Emergency Management Act 2004; or (b) a public health incident or a public health emergency is declared under the South Australian Public Health Act 2011, direct a person holding a restricted ambulance service licence to assist with the provision of response and recovery operations in such a manner as the SAAS sees fit. (3) SAAS should confer with the person before taking steps to issue a direction to a person under subsection (2). (4) SAAS may, for the purpose of performing its functions, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions. (5) SAAS may, for example— (a) enter into any form of contract or arrangement; (b) acquire, hold, deal with and dispose of real and personal property; (c) provide and maintain appliances and equipment; (d) establish, maintain or monitor alarm systems; (e) make representations and provide advice relating to ambulance services; (f) publish or disseminate information. (6) SAAS is capable of administering any property on trust or accepting gifts (and, if any gift is affected by a trust, is empowered to carry out the terms of the trust). (7) Without limiting any other provision, SAAS may establish any fund (including a gift fund) or account. (8) SAAS may exercise its powers within or outside the State. 52—Employed staff (1) An employing authority may employ persons to perform functions in connection with the operations or activities of SAAS (and accordingly to be a member of the staff of SAAS, subject to the operation of this section). (2) The terms and conditions of employment of a person under subsection (1) will be fixed by the employing authority and approved by the Commissioner for Public Sector Employment. (3) A person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009). (4) An employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of an incorporated hospital, an incorporated health service, or any other public sector agency, specified by the employing authority (and the person must comply with that direction). (5) An employing authority is, in acting under this section, subject to direction by the Minister. (6) However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person. (7) An employing authority may delegate a power or function under this section. (8) A delegation under subsection (7)— (b) may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and (d) may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and (9) A change in the person who constitutes an employing authority under this Act will not affect the continuity of employment of a person under this section. (10) SAAS must, at the direction of the Minister, the Treasurer or an employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities). (11) SAAS does not have the power to employ any person unless specifically authorised by the Minister. (12) SAAS may, under an arrangement established by the responsible Minister or, if relevant, approved by a responsible public sector entity, make use of the staff, services or facilities of an administrative unit or another public sector agency. 52A—SAAS workforce culture and staff wellbeing SAAS must— (a) promote a healthy workforce culture for and among staff employed to work within SAAS; and (b) implement measures to provide for and promote the health, safety and wellbeing of those staff within the workplace (including the psychosocial health, safety and wellbeing of staff); and (c) implement policies issued by the Chief Executive on workforce health, safety and welfare (including policies on workforce harassment and bullying), so far as those policies apply to SAAS. 53—Accrued rights for employees (1) If a person commences employment by an employing authority as a member of the staff of SAAS after ceasing to be employed— (b) by the employing authority or another employing authority at an incorporated hospital, and that employment as a member of the staff of SAAS follows immediately on the cessation of that previous employment, then— (c) the person's existing and accruing rights immediately before the cessation of that previous employment in respect of recreation leave, sick leave and long service leave continue in full force and effect as if that previous employment had been employment by the employing authority at SAAS; and (d) the person is not entitled to payment in lieu of those rights. (2) Except where subsection (1) applies, if a person commences employment by an employing authority as a member of the staff of SAAS within 3 months after ceasing to be employed— (b) by the employing authority or another employing authority at an incorporated hospital; or (c) in prescribed employment, the person's existing and accruing rights immediately before the cessation of that employment in respect of recreation leave, sick leave and long service leave continue, to the extent directed by the employing authority and subject to such conditions as may be determined by the employing authority, as if that previous employment had been employment by the employing authority as a member of the staff of SAAS. 54—Delegation (1) SAAS may delegate a function or power conferred on SAAS under this or any other Act— 55—Accounts and audit (1) SAAS must cause proper accounts to be kept of its financial affairs and financial statements to be prepared in respect of each financial year. (2) The Auditor-General may at any time, and must in respect of each financial year, audit the accounts and financial statements of SAAS. 56—Annual report (1) SAAS must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of SAAS during that financial year. (2) The report must incorporate the audited accounts and financial statements of SAAS for the financial year. (3) The Minister must, within 12 sitting days after the receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. Division 2—Provision of ambulance services 57—Emergency ambulance services (1) A person must not provide emergency ambulance services unless— (a) the services are carried out by SAAS; or (b) the services are provided by a person or a person of a class, or in circumstances, prescribed by regulation; or (c) the services are provided under an exemption granted by the Minister under this Part. (2) A person holding a restricted ambulance service licence may, despite subsection (1), provide an emergency ambulance service if— (a) the person is acting within the scope of an authorisation given by SAAS (either in relation to specified cases, or in relation to a particular case, and subject to such conditions as may be prescribed by the regulations or determined by SAAS); or (b) the person has reason to believe that failure to provide such a service will put at risk the health or safety of a particular person, or of a section of the public more generally, and the person providing the service has taken such action as is reasonable in the circumstances to contact SAAS to seek an authorisation under this section; or (c) the person is acting at the direction or request of SAAS. (3) If a person acts under subsection (2)(b), the person must, at the request of SAAS, furnish to SAAS a written report on the circumstances of the particular case within a time specified by SAAS. Maximum penalty: $5 000. (4) A person must not display the term "Emergency Ambulance" on a motor vehicle driven on a public road unless the vehicle is being used— (a) by SAAS; or (b) by a person in circumstances prescribed by the regulations. Maximum penalty: $5 000. 58—Licence to provide non-emergency ambulance services (1) A person must not provide non‑emergency ambulance services unless— (a) the services are carried out— (i) by SAAS; or (ii) by a person acting under the direction or request of SAAS; or (b) the person holds a licence under this section (a restricted ambulance service licence); or (c) the services are provided by a person or a person of a class, or in circumstances, prescribed by regulation; or (d) the services are provided under an exemption granted by the Minister under this Part. (2) An application for a licence under this section— (a) must be made to the Minister; and (b) must conform to the requirements of the Minister about its form, contents and the manner in which it is made; and (c) must be accompanied by the fee fixed by the Minister. (3) An application for a licence must set out details of services proposed to be provided under the licence. (4) The Minister may, by written notice, require the applicant— (a) to provide further information, documents or records relevant to the application; or (b) to allow persons authorised by the Minister to inspect premises, vehicles, plant or equipment proposed to be used by the applicant in connection with activities proposed to be authorised by the licence. (5) The Minister may refuse the application if the applicant does not comply with a requirement under subsection (4). (6) The Minister may, pending determination of an application for licence, grant a temporary licence under this section. (7) A temporary licence operates for a term not exceeding 6 months and on conditions determined by the Minister. (8) The Minister may grant a licence to a person under this section if, in the Minister's opinion— (a) the services proposed to be provided under the licence are non-emergency ambulance services; and (b) the person has the capacity to provide those services at a standard appropriate for the licence; and (c) the person is a fit and proper person to hold the licence. (9) The Minister may, if he or she thinks fit, grant a licence to an applicant for an indefinite period or for a limited term specified in the licence. (10) The Minister may, on application and payment of the fee fixed by the Minister, transfer a restricted ambulance service licence to a proposed transferee if the Minister is satisfied (in such manner as the Minister may determine) as to the suitability of the person to hold the licence. (11) The Minister may attach such conditions to a licence as the Minister thinks fit. (12) The Minister may, on giving notice in writing to the holder of a licence— (a) vary the existing conditions of the licence or attach new conditions to the licence; (b) revoke a condition of the licence. (13) A person who contravenes or fails to comply with a condition of a licence is guilty of an offence. (14) The Minister may, by the terms or conditions of a licence, limit the scope of a licence to specified services or classes of services. (15) If, in the opinion of the Minister— (a) a person has contravened, or failed to comply with, a provision of this Act or a condition of a licence; or (b) action should be undertaken under this section in the public interest, the Minister may, by notice in writing to the holder of the licence, suspend or revoke a licence under this section. (16) A suspension under subsection (15) may be— (a) for a period specified by the Minister; or (b) until the Minister removes the suspension by further notice to the holder of the licence. (17) A person who objects to a decision of the Minister under this section— (a) refusing to grant a licence to the person; or (b) attaching conditions to, or varying conditions of, a licence granted to the person; or (c) suspending or revoking a licence granted to the person, may apply to the Tribunal for review of the decision under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. Division 3—Miscellaneous 59—Fees (1) The Minister may, by notice in the Gazette, fix fees in relation to— (a) the provision of ambulance services; and (b) the provision of incidental services by SAAS; and (c) any other matter prescribed by the regulations. (2) A notice under subsection (1) may fix different fees for different classes of ambulance service or for ambulance services provided in different parts of the State. (3) A person who charges, or accepts payment of, a fee for an ambulance service that exceeds the fee fixed by the Minister is guilty of an offence. (4) The fee for an ambulance service is payable by the patient transported to, or from, a hospital or other place whether or not he or she consented to the provision of the service. (5) If the identity and address of a patient is disclosed to the holder of a licence under this Act to enable recovery of a fee for an ambulance service, the disclosure will not constitute the breach of any Act or other law and will not be in breach of any principle of professional ethics. (6) In this section— incidental services—incidental services are provided by SAAS if— (a) a member of the staff of SAAS— (i) attends at a place in response to a request for medical assistance (whether made by 000 emergency telephone call or other means) for a person who may have an injury or illness requiring immediate medical attention in order to maintain life or to alleviate suffering; and (ii) assesses or treats the person; but (b) the person is not transported by ambulance. 60—Holding out etc (1) A person must not hold himself or herself out as a person who carries on the business of providing ambulance services unless he or she carries on that business and is either licensed under this Part or is a person who is not required to be licensed under this Part in relation to services provided in the course of carrying on that business. (2) A person must not hold himself or herself out as a person who is engaged in the provision of ambulance services unless he or she is a member of the staff of a provider of ambulance services acting in accordance with the other provisions of this Part. (3) A person must not falsely hold themself out to be a member of the staff of SAAS. (4) A person must not, without lawful excuse, be in possession of— (a) property of SAAS; or (b) an item that is, or is part of, an official uniform reserved for members of the staff of SAAS. 61—Power to use force to enter premises (1) A person who is a member of the staff of SAAS may use reasonable force to break into any place if the person believes that it is necessary to do so— (a) to determine whether any person is in need of medical assistance; or (b) to provide any person with medical assistance. (2) A member of the staff of SAAS acting under subsection (1) must comply with any protocols or procedures established by SAAS for the purposes of this section. 62—Exemptions (1) The Minister may, by notice in the Gazette, confer exemptions from this Part or specified provisions of this Part— (a) on specified persons or persons of a specified class; or (b) in relation to specified services or services of a specified class. (2) An exemption under subsection (1) may be granted by the Minister on such conditions as the Minister thinks fit. (3) The Minister may, at any time, by further notice in the Gazette— (a) vary or revoke an exemption; (b) vary or revoke a condition of an exemption or attach new conditions to an exemption. (4) A person who contravenes or fails to comply with a condition imposed under this section is guilty of an offence. Maximum penalty: $20 000.