Part 1Preliminary

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.