Part 20Transitional provisions

Part 20—Transitional provisions 34—Incorporated hospitals SAHC hospital means an incorporated hospital under the South Australian Health Commission Act 1976 in existence immediately before the commencement of this clause. (2) Subject to this clause, a SAHC hospital continues as an incorporated hospital under this Act (without affecting any function, power, accreditation or other aspect of the operations of the hospital). (3) To avoid doubt, the board of directors of a SAHC hospital under section 29 of the South Australian Health Commission Act 1976 will be dissolved on the commencement of this clause. (4) The Governor may, by proclamation, designate a SAHC hospital as an incorporated hospital that is not to continue under this Act. (5) If the Governor designates a hospital under subclause (4)— (a) the hospital is dissolved by force of this clause; and (b) the undertaking of the hospital, including its assets, rights and liabilities— (i) will vest in or attach to a body, or will be divided between 2 or more bodies, specified by the Governor by proclamation (according to the terms of the proclamation); (ii) to the extent that any assets, rights or liabilities do not fall within the ambit of a proclamation under subparagraph (i)—will vest in or attach to the Minister. (6) If a hospital is dissolved under subclause (5), the Governor may, by proclamation, provide for the continuity of employment of persons employed to perform functions in connection with the operations or activities of the hospital (and the proclamation will have effect according to its terms). (7) Nothing that takes effect under this clause— (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or (e) terminates an agreement or obligation or fulfils any conditions that allows a person to terminate an agreement or obligation, or give rise to any other right or remedy; or (f) releases a surety or any other obligee wholly or in part from an obligation. 35—Incorporated health centres SAHC health centre means an incorporated health centre under the South Australian Health Commission Act 1976 in existence immediately before the commencement of this clause. (2) A SAHC health centre is dissolved by force of this clause. (3) The undertaking of a SAHC health centre, including its assets, rights and liabilities— (a) will vest in or attach to a body, or will be divided between 2 or more bodies, specified by the Governor by proclamation (according to the terms of the proclamation); (b) to the extent that any assets, rights or liabilities do not fall within the ambit of a proclamation under paragraph (a)—will vest in or attach to the Minister. (4) The Governor may, by proclamation, provide for the continuity of employment of persons employed to perform functions in connection with the operations or activities of a SAHC health centre (the proclamation will have effect according to its terms). (5) Nothing that takes effect under this clause— (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or (e) terminates an agreement or obligation or fulfils any conditions that allows a person to terminate an agreement or obligation, or give rise to any other right or remedy; or (f) releases a surety or any other obligee wholly or in part from an obligation. 36—By-laws (1) A by-law made by the board of an incorporated hospital under section 38 of the South Australian Health Commission Act 1976 in force immediately before the commencement of this subclause will continue as a by-law under this Act (and may then be altered or repealed under the provisions of this Act). (2) Subclause (1) does not apply to any by-laws excluded from the ambit of that subclause by proclamation. (3) Subject to subclauses (4), (5) and (6), any by-law of a designated health centre under section 57AA of the South Australian Health Commission Act 1976 in force immediately before the dissolution of the health centre (including a dissolution before the commencement of this subclause) will have full force and effect pursuant to the provisions of this clause. (4) The Minister may, by notice in the Gazette, alter or repeal a by-law under subclause (3), or make a substitute or new by-law in connection with any aspect of the former undertaking of the relevant designated health centre (and may by subsequent notice in the Gazette alter or repeal a by-law made under this subclause). (5) Section 57AA of the South Australian Health Commission Act 1976 will continue to apply to any by-laws under subclause (3) or (4) subject to such modifications as may be prescribed by the regulations (and the regulations will have effect according to their terms). (6) A by-law in force under subclause (3) or (4) will expire by force of this subclause on the second anniversary of the commencement of this subclause unless sooner repealed by the Minister under subclause (4). (7) In this clause— designated health centre means a health centre (including a health centre dissolved before the commencement of this clause) designated by the Governor by proclamation as a designated health centre for the purposes of this clause. 37—Private hospitals (1) A licence in force under Part 4A of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue in force as a licence under Part 10 of this Act (and will then be subject to the provisions of this Act). (2) An application under Part 4A of the South Australian Health Commission Act 1976 that has not been finally determined under that Part before the commencement of this clause will be taken to be an application under Part 10 of this Act (and will be dealt with from the point reached at the time of commencement). 38—Disclosure of confidential information (1) An authorisation under section 64D of the South Australian Health Commission Act 1976 in force immediately before the commencement of this clause will be taken to be an authorisation under Part 7 of this Act on that commencement (even if not within the ambit of a declaration of the Minister under that Part and including for the purposes of any other Act). (2) An authorisation that continues under this Act by virtue of subclause (1) will expire on a day fixed by the Minister by notice in the Gazette. (3) The Minister may, in acting under subclause (2)— (a) fix different days for different authorisations, or classes of authorisations; and (b) publish a series of notices for the purposes of fixing different days that are to apply under that subclause. (4) An authorisation that does not expire under the terms of a notice under subclauses (2) and (3) will expire in any event by force of this subclause on the third anniversary of the commencement of this clause. (5) The Minister may, by notice in the Gazette, determine that a specified provision of Part 7 of this Act will not apply to an authorisation during its continuation under this clause (and the determination will have effect according to its terms). 39—SAAS (1) SAAS ceases to be an association under the Associations Incorporation Act 1985 on the commencement of this clause. (2) The Governor may, by proclamation, provide for the continuity of employment of persons employed to perform functions in connection with the operations or activities of SAAS (and the proclamation will have effect according to its terms). 40—Licences—ambulances (1) A licence in force under the Ambulance Services Act 1992 immediately before its repeal by this Act will remain in force for 12 months after the repeal of that Act. (2) A licence referred to in subclause (1)— (a) will be subject to those provisions of this Act prescribed by the regulations, with any necessary or prescribed modifications; and (b) will authorise the holder of the licence to continue to provide services under the terms and conditions of the licence while the licence remains in force; and (c) unless surrendered at an earlier time by the holder of the licence, will expire at the expiration of 12 months after the commencement of this clause. (3) An application for a licence under Part 2 of the Ambulance Services Act 1992 that has not been finally determined under that Part before the commencement of this clause will be taken to be an application under Part 6 of this Act (and that Part will apply in relation to the application subject to such modifications as may be prescribed by the regulations). (4) SAAS will not require a licence under this Act. 41—Public and environmental health (1) A notice, application, decision, determination, authorisation or other act of the Commission under the PEH Act will continue to have full force and effect as if given, made or taken by the Chief Executive under that Act as amended by this Act. (2) Any right of action or proceedings vested in or commenced by the Commission under the PEH Act may be pursued or continued by the Chief Executive under that Act as amended by this Act. (3) The Chief Executive may perform any other function or exercise any other power of the Commission conferred on or vested in the Commission under the PEH Act before its amendment by this Act. (4) In this clause— Chief Executive means the Chief Executive under the PEH Act, as amended by this Act; Commission means the South Australian Health Commission; PEH Act means the Public and Environmental Health Act 1987. 42—Other provisions (1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act. (2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day. (3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Health Care Act 2008 repealed the following: Ambulance Services Act 1992 Hospitals Act 1934 South Australian Health Commission Act 1976 Legislation amended by principal Act The Health Care Act 2008 amended the following: Children's Protection Act 1993 Chiropractic and Osteopathy Practice Act 2005 Controlled Substances Act 1984 Coroners Act 2003 Dental Practice Act 2001 Drugs Act 1908 Family and Community Services Act 1972 Health and Community Services Complaints Act 2004 Institute of Medical and Veterinary Science Act 1982 Local Government Act 1934 Medical Practice Act 2004 Occupational Therapy Practice Act 2005 Optometry Practice Act 2007 Physiotherapy Practice Act 2005 Podiatry Practice Act 2005 Public and Environmental Health Act 1987 Supported Residential Facilities Act 1992 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Health Care Act 2008 13.3.2008 10.4.2008 (Gazette 10.4.2008 p1294) except Pt 4 Div 1, s 29 & Sch 2—15.5.2008 (Gazette 15.5.2008 p1645) and except ss 18, 19, 26 & 27—5.6.2008 (Gazette 5.6.2008 p1869) and except Pt 2, ss 11—14, ss 20—25, 28, 30—32, 33(1)—(5), Pt 5 Divs 3—9, Pts 6—10, ss 89—99, 101 & Sch 4—1.7.2008 (Gazette 26.6.2008 p2563) and except s 33(6) & Sch 3—13.3.2010 (s 7(5) Acts Interpretation Act 1915) Statutes Amendment and Repeal (Institute of Medical and Veterinary Science) Act 2008 26.6.2008 Pt 2 (ss 4—9)—1.7.2008 (Gazette 26.6.2008 p2553) Statutes Amendment (Public Health Incidents and Emergencies) Act 2009 Pt 7 (s 23)—25.6.2009 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 75 (ss 176—180)—1.2.2010 (Gazette 28.1.2010 p320) South Australian Public Health Act 2011 16.6.2011 Sch 1 (cl 9)—16.9.2012 (Gazette 30.8.2012 p3945) Statutes Amendment (Directors' Liability) Act 2011 22.9.2011 Pt 11 (s 13)—1.1.2012 (Gazette 15.12.2011 p4988) Health Care (Administration) Amendment Act 2015 17.9.2015 1.9.2016 (Gazette 25.8.2016 p3418) Health Care (Miscellaneous) Amendment Act 2016 2.6.2016 1.12.2016 except ss 4—6, 10, 12(1), (2), (4) & (5)—1.5.2018—date varied (Gazette 7.6.2017 p2043) Mental Health (Review) Amendment Act 2016 14.7.2016 Sch 1 (cl 2)—5.6.2017 (Gazette 30.5.2017 p1982) Health Care (Governance) Amendment Act 2018 2.8.2018 1.7.2019 (Gazette 2.8.2018 p2987) Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 15 (ss 100 to 104)—2.12.2019 (Gazette 21.11.2019 p3928) Health Care (Safe Access) Amendment Act 2020 19.11.2020 17.12.2020 (Gazette 17.12.2020 p5743) Health Care (Governance) Amendment Act 2021 17.6.2021 Pt 2 (ss 4 to 18)—23.8.2021 (Gazette 29.7.2021 p2915) Health Care (Acquisition of Property) Amendment Act 2022 Veterinary Services Act 2023 7.12.2023 Sch 1 (cl 26)—1.7.2026 (Gazette 20.11.2025 p4496) Statutes Amendment (Health and Wellbeing) Act 2025 Pt 10 (ss 26 to 59)—4.12.2025: s 2(1) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 24/2008 s 4 amended under Legislation Revision and Publication Act 2002 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 3 s 3(1) Department substituted by 8/2018 s 4(1) governing board inserted by 8/2018 s 4(2) health service amended by 24/2008 s 5 incorporated health service inserted by 69/2025 s 26(1) private day procedure centre inserted by 23/2016 s 4 amended by 69/2025 s 26(2) private day procedure centre licence inserted by 23/2016 s 4 inserted by 69/2025 s 26(3) Tribunal inserted by 14/2019 s 100 s 4 amended by 24/2008 s 6 amended by 8/2018 s 5 amended by 69/2025 s 27 s 5 amended by 8/2018 s 6 amended by 21/2021 s 4 Pt 2 s 6 s 6(1) amended by 24/2008 s 7(1), (2) s 7 s 7(1) amended by 24/2008 s 8 amended by 8/2018 s 7(1), (2) amended by 21/2021 s 5(1) amended by 69/2025 s 28(1) s 7(1a) inserted by 21/2021 s 5(2) amended by 69/2025 s 28(2) Pt 3 s 11 s 11(2) amended by 8/2018 s 8(1) amended by 69/2025 s 29(1) s 11(6) amended by 8/2018 s 8(2) amended by 69/2025 s 29(2) Pt 4 s 15 s 15(1) amended by 69/2025 s 30 s 18 s 18(1) amended by 8/2018 s 9 amended by 69/2025 s 31 s 20 s 20(1) amended by 69/2025 s 32 Pt 4A inserted by 21/2021 s 6 s 28B s 28B(1) amended by 69/2025 s 33(1) s 28B(5) amended by 69/2025 s 33(2) s 28C s 28C(2a) inserted by 69/2025 s 34 Pt 5 Pt 5 Div 1 s 29 s 29(1) amended by 20/2015 s 4 s 30 amended by 8/2018 s 10 s 31 s 31(1a) inserted by 24/2008 s 9 amended by 84/2009 s 176 amended by 44/2023 Sch 1 cl 26 1.7.2026—not incorporated amended by 69/2025 s 35 Pt 5 Div 1A inserted by 20/2015 s 5 heading amended by 69/2025 s 36 s 32A heading amended by 69/2025 s 37(1) amended by 69/2025 s 37(2) Pt 5 Div 2 s 33 substituted by 8/2018 s 11 s 33(2) amended by 21/2021 s 7 ss 33A—33F inserted by 8/2018 s 11 s 33A s 33A(2) amended by 21/2021 s 8(1) s 33A(3a) and (3b) inserted by 21/2021 s 8(2) s 33B s 33B(5) amended by 21/2021 s 9(1) (b) deleted by 21/2021 s 9(2) s 33E s 33E(3) amended by 21/2021 s 10 Pt 5 Div 3 s 34 s 34(2) amended by 21/2021 s 11(1) amended by 69/2025 s 38(1) s 34(2a) inserted by 21/2021 s 11(2) s 34(3) amended by 84/2009 s 177 s 34(4) amended by 69/2025 s 38(2) s 34(8a) inserted by 21/2021 s 11(3) s 34(14) before deletion by 69/2025 amended by 84/2009 s 177 s 34(14) deleted by 69/2025 s 38(3) Pt 5 Div 5 s 40 deleted by 23/2022 s 2 Pt 5 Div 9 s 45 designated entity amended by 69/2025 s 39 Pt 5 Div 10 inserted by 8/2018 s 12 Pt 5AA inserted by 69/2025 s 40 Pt 5A inserted by 39/2020 s 4 17.12.2020 Pt 6 s 49 s 49(5) deleted by 20/2015 s 6 s 50 s 50(4) amended by 21/2021 s 12 s 51 s 51(2) substituted by 29/2009 s 23 amended by 21/2011 Sch 1 cl 9 16.9.2012 s 52 s 52(2) amended by 69/2025 s 41(1) s 52(3) amended by 84/2009 s 178 s 52(4) amended by 69/2025 s 41(2) s 52(13) before deletion by 69/2025 amended by 84/2009 s 178 s 52(13) deleted by 69/2025 s 41(3) s 52A inserted by 21/2021 s 13 s 58 s 58(10) substituted by 69/2025 s 42 s 58(17) amended by 14/2019 s 101 s 59 s 59(1) substituted by 20/2015 s 7(1) s 59(6) inserted by 20/2015 s 7(2) s 60 s 60(3) and (4) inserted by 69/2025 s 43 Pt 7 s 63 s 63(1) prescribed health-sector body amended by 23/2016 s 5 Pt 8 s 68 s 68(1) designated authority amended by 34/2016 Sch 1 cl 2 5.6.2017 amended by 69/2025 s 44 health services entity amended by 23/2016 s 6 Pt 9 s 78 s 78(1) amended by 21/2021 s 14(1)—(3) amended by 69/2025 s 45(1)—(3) s 78(1a) inserted by 21/2021 s 14(4) s 78(3) amended by 21/2021 s 14(5)—(7) amended by 69/2025 s 45(4), (5) s 78(3a) inserted by 21/2021 s 14(8) Pt 10 s 79 s 79(3) substituted by 23/2016 s 7 amended by 69/2025 s 46 s 81 s 81(1) (g) deleted by 23/2016 s 8(1) s 81(2) substituted by 23/2016 s 8(2) s 81(2a) and (2b) inserted by 23/2016 s 8(2) s 82 s 82(3)—(5) substituted by 23/2016 s 9 s 82(6) inserted by 23/2016 s 9 s 87 s 87(1) and (2) substituted by 14/2019 s 102(1) s 87(3) deleted by 14/2019 s 102(2) s 87(5) amended by 14/2019 s 102(3), (4) s 87(6) and (7) deleted by 14/2019 s 102(5) s 88A inserted by 69/2025 s 47 Pt 10A inserted by 23/2016 s 10 s 89 deleted by 84/2009 s 179 inserted by 20/2015 s 8 s 89(1) declared day hospital amended by 69/2025 s 48 s 89B s 89B(2) amended by 69/2025 s 49 s 89C s 89C(4) amended by 69/2025 s 50 s 89D s 89D(3) amended by 69/2025 s 51 s 89I s 89I(1) and (2) substituted by 14/2019 s 103(1) s 89I(3) deleted by 14/2019 s 103(2) s 89I(5) amended by 14/2019 s 103(3), (4) s 89I(6) and (7) deleted by 14/2019 s 103(5) Pt 11 s 89L s 89 redesignated as s 89L under Legislation Revision and Publication Act 2002 s 89L(2) amended by 69/2025 s 52 s 90 s 90(3) amended by 69/2025 s 53 s 90A inserted by 23/2022 s 3 s 90A(2) amended by 69/2025 s 54 s 91 s 91(1) amended by 69/2025 s 55 s 92 s 92(3) health employee substituted by 20/2015 s 9 reference to s 89L (formerly s 89) revised under Legislation Revision and Publication Act 2002 amended by 69/2025 s 56 s 93 s 93(1) amended by 8/2018 s 13 amended by 21/2021 s 15(1) amended by 69/2025 s 57(1), (2) s 93(2) amended by 69/2025 s 57(3), (4) s 93(3) amended by 20/2015 s 10(1), (2) amended by 21/2021 s 15(2) amended by 69/2025 s 57(5), (6) s 93(5) amended by 21/2021 s 15(3) s 93(6) legal practitioner inserted by 69/2025 s 57(7) personal representative inserted by 69/2025 s 57(8) South Australia Police inserted by 69/2025 s 57(8) s 94 deleted by 36/2011 s 13 s 99A inserted by 23/2016 s 11 s 100 s 100(2) (l) deleted by 23/2016 s 12(3) (o) deleted by 23/2016 s 12(6) amended by 23/2016 s 12(1), (2), (4) & (5) amended by 69/2025 s 58(1)—(5) s 101 deleted by 21/2021 s 16 s 102 inserted by 8/2018 s 14 Sch 2 cl 3 substituted by 84/2009 s 180 Sch 3 substituted by 8/2018 s 15 heading amended by 69/2025 s 59(1) cl 2 cl 2(1) substituted by 21/2021 s 17(1) cl 5 cl 5(1) amended by 21/2021 s 17(2) cl 5A inserted by 21/2021 s 17(3) cl 7 cl 7(1) amended by 69/2025 s 59(2) cl 7(2) amended by 69/2025 s 59(3) cl 8 cl 8(7) amended by 21/2021 s 17(4) cl 10 cl 10(1) amended by 69/2025 s 59(4) cl 10(3) amended by 69/2025 s 59(5) cl 11 cl 11(2) amended by 69/2025 s 59(6) Sch 3A inserted by 21/2021 s 18 Sch 4 Parts 1—19 omitted under Legislation Revision and Publication Act 2002 Transitional etc provisions associated with Act or amendments Statutes Amendment and Repeal (Institute of Medical and Veterinary Science) Act 2008, Sch 1—Transitional provisions 1—Interpretation In this Schedule, unless the contrary intention appears— asset includes a present or contingent interest; CYWHS means the Children, Youth and Women's Health Service Incorporated; IMVS means the Institute of Medical and Veterinary Science; liability includes a contingent liability; RGH means the Repatriation General Hospital Incorporated; SAHS means the Southern Adelaide Health Service Incorporated; WCHDLM means the Women's and Children's Hospital Division of Laboratory Medicine. 2—Staff (1) A person who, immediately before the commencement of this subclause, was employed by IMVS, or was employed by an employing authority pursuant to section 17 of the Institute of Medical and Veterinary Science Act 1982, will, on that commencement, be taken to be employed by— (a) an employing authority under the Health Care Act 2008; or (b) an incorporated hospital under the Health Care Act 2008, designated by the Governor by proclamation made for the purposes of this subclause. (2) The Governor may, by proclamation, transfer the employment of any person employed to perform functions in connection with the operations or activities of CYWHS, RGH or SAHS that relate to the provision of pathology services, or other services declared to be within the ambit of this subclause by the proclamation, to employment by— (a) an employing authority under the Health Care Act 2008; or (b) an incorporated hospital under the Health Care Act 2008, designated by the Governor by proclamation made for the purposes of this subclause. (3) An employment arrangement effected by subclause (1) or (2)— (a) will be taken to provide for continuity of employment without termination of the relevant employee's service; and (b) will not affect— (i) existing conditions of employment or existing or accrued rights to leave; or (ii) a process commenced for variation of those conditions or rights. 3—Dissolution of IMVS IMVS is dissolved by force of this clause. 4—Property—IMVS (1) Subject to this Schedule, all assets (including any shares in any body corporate held by IMVS and any business name registered under the Business Names Act 1996), rights and liabilities of IMVS are transferred to an incorporated hospital specified by the Governor by proclamation. (2) The transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law. 5—References—IMVS (1) Subject to subclause (2), all references in any instrument or contract, agreement or other document to IMVS will have effect as if it were a reference to an incorporated hospital specified by the Governor by proclamation. 6—Procedures and proceedings—IMVS Any procedure or proceedings commenced by or against IMVS before the commencement of this clause but which had not been finally determined at the commencement of this clause may be continued or completed by an incorporated hospital or by the Minister (as determined by the Minister). 7—Property—SouthPath (1) Subject to this Schedule, all assets (including any shares in any body corporate held by SAHS or RGH and any business name registered under the Business Names Act 1996 but not including any real property), rights and liabilities of SAHS and RGH related to the provision of medical pathology services under the name SouthPath are transferred to an incorporated hospital specified by the Governor by proclamation. (2) The transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law. 8—References—SouthPath (1) Subject to subclause (2), all references in any instrument or contract, agreement or other document to SAHS or RGH related to the provision of medical pathology services under the name SouthPath will have effect as if it were a reference to an incorporated hospital specified by the Governor by proclamation. 9—Property—WCHDLM (1) Subject to this Schedule, all assets (including any shares in any body corporate held by CYWHS and any business name registered under the Business Names Act 1996 but not including any real property), rights and liabilities of CYWHS related to the provision of medical pathology services under the name WCHDLM are transferred to an incorporated hospital specified by the Governor by proclamation. (2) The transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law. 10—References—WCHDLM (1) Subject to subclause (2), all references in any instrument or contract, agreement or other document to CYWHS related to the provision of medical pathology services under the name WCHDLM will have effect as if it were a reference to an incorporated hospital specified by the Governor by proclamation. 11—Property (1) The Minister may, at any time after the commencement of this Schedule, by notice in the Gazette, transfer an asset, right or liability transferred to an incorporated hospital under clause 4, 7 or 9 to— (a) the Crown; or (b) the Minister; or (c) another agency or instrumentality of the Crown; or (d) with the agreement of the person or body—to a person or body that is not an agency or instrumentality of the Crown. (2) The transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law. 12—Other provisions (1) Nothing done under this Schedule— (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or (e) — (i) terminates an agreement or obligation; or (ii) fulfils any condition that allows a person to terminate an agreement or obligation; or (iii) gives rise to, or allows any person to exercise, any other right or remedy; or (f) releases a surety or other obligee wholly or in part from an obligation. (2) The Registrar‑General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this subclause, register or record in an appropriate manner a transfer and vesting under this Schedule. (3) The Governor may, by regulation, make any other provision of a saving or transitional nature consequent on the enactment of this Act. (4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply with respect to the amendments effected by this Act. Health Care (Administration) Amendment Act 2015, Sch 1—Transitional provisions 1—Employment Chief Executive has the same meaning as in the principal Act; Department has the same meaning as in the principal Act; principal Act means the Health Care Act 2008. (2) The Chief Executive may, by instrument in writing, determine that a person employed in the Department immediately before the commencement of this clause will be taken to be employed under section 89 of the principal Act, as enacted by this Act, on terms and conditions specified by the Chief Executive and approved by the Commissioner for Public Employment. (3) A determination under subclause (2) does not constitute a breach of a contract of employment or termination of the person's employment, or affect the continuity of the person's employment for any purpose (but will have effect so that the person is no longer employed in the Department). 2—Cancellation of incorporation etc of certain associations (1) This clause applies in relation to the following associations: (a) Lumeah Homes Inc; (b) Miroma Place Hostel Inc; (c) Peterborough Aged and Disabled Accommodation Inc. The functions of these associations were taken over under the South Australian Health Commission Act 1976. (2) Despite the provisions of the Associations Incorporation Act 1985, the Governor may, by proclamation— (a) cancel the incorporation of an association to which this clause applies; and (b) transfer the assets of an association to which this clause applies (either as a whole or in separate parcels specified in the proclamation) to a HAC; and (c) make such other provisions in relation to an association to which this clause applies as the Governor thinks fit. (3) A proclamation under this section may take effect on a day that is earlier than the day on which the proclamation is made. (4) In this clause— HAC has the same meaning as in the Health Care Act 2008. Statutes Amendment (SACAT) Act 2019, Pt 15 104—Transitional provisions (1) A right of appeal under section 58, 87 or 89I of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Supreme Court or District Court. (2) Nothing in this section affects any proceedings before the Supreme Court or District Court commenced before the relevant day. principal Act means the Health Care Act 2008; relevant day means the day on which this Part comes into operation; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. Health Care (Acquisition of Property) Amendment Act 2022, Sch 1 1—Transitional provision A process to acquire land for the purposes of an incorporated hospital commenced under section 40 of the Health Care Act 2008 before the repeal of that section by section 2 of this Act may be continued and completed in accordance with section 40 as if it had not been repealed. Historical versions 13.3.2010 16.9.2012 5.6.2017 17.12.2020