Part 5Hospitals

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.