Part 18Saving and transitional provisions

Part 18—Saving and transitional provisions 29—Interpretation asset means tangible or intangible real or personal property of any description and includes— (a) a present, future or contingent legal or equitable interest in real or personal property; (b) a chose in action; (c) a right, power, privilege or immunity; (d) goodwill; (e) a security; (f) money; (g) documents; (h) information (including data and records) in any form; liability means a monetary or non‑monetary obligation and includes a future or contingent obligation; National Agency means the Australian Health Practitioner Regulation Agency; national body means a body established under— (a) the Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 of Queensland; or (b) the Health Practitioner Regulation National Law; participation day has the same meaning as under Part 12 of the Health Practitioner Regulation National Law (South Australia); prescribed body means any of the following: (a) the Chiropractic and Osteopathy Board of South Australia; (b) the Dental Board of South Australia; (c) the Medical Board of South Australia; (d) the Nursing and Midwifery Board of South Australia; (da) the Occupational Therapy Board of South Australia; (e) the Optometry Board of South Australia; (f) the Pharmacy Board of South Australia; (g) the Physiotherapy Board of South Australia; (h) the Podiatry Board of South Australia; (i) the South Australian Psychological Board; (j) a body brought within the ambit of this definition by the regulations; property includes intellectual property; repealed Act means an Act that is repealed under Part 17; responsible tribunal means the responsible tribunal for the purposes of the Health Practitioner Regulation National Law (South Australia). Division 2—Transfer of assets and liabilities 30—Ministerial orders (1) The Minister may, by instrument in writing (an allocation order), transfer— (a) specified assets or liabilities of a prescribed body to the National Agency or the Minister; (b) specified classes of assets or liabilities of a prescribed body to the National Agency or the Minister; (c) all assets and liabilities of a prescribed body, other than specified classes of assets or liabilities, to the National Agency or the Minister; (d) all assets and liabilities of a prescribed body, or all remaining assets or liabilities of a prescribed body, to the National Agency or the Minister. (2) The Minister may, by further instrument in writing (an allocation order), transfer any asset or liability acquired or assumed by the Minister under subclause (1) to another person or body. (3) However, the Minister must not transfer an asset or liability under subclause (2) to a person or body who or that is not an agency or instrumentality of the Crown without the consent or concurrence of that person or body. (4) An allocation order takes effect from a date (which may be earlier than the date of the order) specified in the order. (5) The Minister may make an allocation order in relation to assets or liabilities situated outside South Australia. (6) An allocation order may be made on conditions specified in the order. 31—Effect of allocation order (1) On the date that an allocation order takes effect, assets and liabilities vest in the transferee named in the allocation order in accordance with the order. (2) If an allocation order provides for the transfer of a prescribed body's interest in an agreement— (a) the transferee becomes, on the date that the order takes effect, a party to the agreement in place of the prescribed body; and (b) on and after the date that the order takes effect, the agreement has effect as if the transferee had always been a party to that agreement. 32—Continued effect of certain acts by a prescribed body Anything done, or omitted to be done, by a prescribed body in relation to assets or liabilities transferred by an allocation order is, if it continues to have effect as at the date of the transfer, taken to be the transferee's act or omission. 33—Continuation of proceedings Proceedings commenced before the date of transfer by or against a prescribed body in relation to an asset or liability transferred by an allocation order may be continued and completed by or against the transferee. 34—Evidence of transfer A written notice signed by the Minister stating that a specific transfer of assets or liabilities has been made under this Division is conclusive evidence of the transfer. 35—References (1) A reference in an instrument or other document to a prescribed body in connection with an asset or liability transferred under this Division is, from the date of transfer, taken to be a reference to the transferee. (2) Subclause (1) does not apply to any instrument or document, or instrument or document of a specified class, excluded from the operation of that subclause by the Minister by notice in the Gazette. 36—Substitution of relevant entity (1) Any contract entered into by or on behalf of a prescribed body, and all guarantees, undertakings and securities given by or on behalf of a prescribed body, that are subject to the operation of this Division will, after any relevant transfer under this Division, be taken to have been entered into or given by the transferee. (2) Subclause (1) does not apply in relation to any contract, guarantee, undertaking or security, or contract, guarantee, security or undertaking of a specified class, excluded by the operation of that subclause by the Minister by notice in the Gazette. Division 3—Staff 37—Staff (1) A qualifying member of the staff of a prescribed body (other than the Occupational Therapy Board of South Australia) who, on the commencement of this subclause, has not gained employment with the National Agency (either by commencing employment with the National Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement) will be incorporated into the Department as a redeployee by force of this clause. (2) A qualifying member of the staff of a prescribed body (other than the Occupational Therapy Board of South Australia)— (a) who, on the commencement of this subclause, has gained employment with the National Agency (either by commencing employment with the National Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement); and (b) who, within the period of 2 years after the commencement of this subclause, is determined by the National Agency to be excess to the requirements of the National Agency, may, by notice furnished to the Chief Executive within the designated period in a manner and form determined by the Chief Executive, elect to be incorporated into the Department as a redeployee (and will then be so incorporated by force of this clause). (2a) A qualifying member of the staff of the Occupational Therapy Board of South Australia who, on the commencement of this subclause, has not gained employment with the National Agency (either by commencing employment with the National Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement) will be incorporated into the Department as a redeployee by force of this clause. (2b) A qualifying member of the staff of the Occupational Therapy Board of South Australia— (a) who, on the commencement of this subclause, has gained employment with the National Agency (either by commencing employment with the National Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement); and (b) who, within the period of 2 years after the commencement of this subclause, is determined by the National Agency to be excess to the requirements of the National Agency, may, by notice furnished to the Chief Executive within the designated period in a manner and form determined by the Chief Executive, elect to be incorporated into the Department as a redeployee (and will then be so incorporated by force of this clause). (3) If a person is incorporated into the Department under a preceding subclause— (a) the person will be incorporated into the Department on a date to be determined by the Chief Executive; and (b) the person's existing and accruing rights immediately before cessation of the person's employment with a prescribed body or the National Agency in respect of recreation leave, sick leave and long service leave continue in full force and effect as if his or her previous employment with a prescribed body or the National Agency were employment with the Department (and the person is not entitled to payment in lieu of those rights) and the person will be taken to have continuity of employment without a termination of the person's service. (4) In this clause— designated period means a period prescribed by the regulations for the purposes of this definition; qualifying member of the staff of a prescribed body means a person who, on a date prescribed by the regulations for the purposes of this definition in relation to the particular prescribed body (which may be a date that precedes the commencement of this clause)— (a) is employed on a permanent basis by a prescribed body— (i) on a salary not exceeding $120 000; or (ii) on a salary package valued at an amount not exceeding $120 000 (and for the purposes of this subparagraph a salary package is to be valued in accordance with any principles prescribed by the regulations); or (b) is employed or engaged by a prescribed body and is brought within the ambit of this paragraph by proclamation. Division 4—Provision of information and assistance 38—Provision of information and assistance (1) Despite any other Act or law, a prescribed body is authorised, on its own initiative or at the request of the national body— (a) to provide a national body, or a person nominated by a national body, with such documents and other information (including data and records and including information given in confidence) in the possession or control of the prescribed body that is reasonably required in connection with the performance or exercise of a function or power of the national body; and (b) to provide a national body, or a person nominated by a national body, with such assistance as is reasonably required in connection with the performance or exercise of a function or power of the national body. (2) Despite any other Act or law, a prescribed body or the Minister may authorise a national body, or a person nominated by a national body, to disclose information provided under subclause (1) even if the information was given to a prescribed body in confidence. Division 5—References 39—References to members of professions (1) Unless the contrary intention appears or the context requires a different interpretation, a reference within an Act or another instrument within the ambit of column 1 of the following table will have effect as if it were the corresponding reference in column 2 of the table. Table Column 1 Column 2 chiropractor a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student) dental practitioner a person registered under the Health Practitioner Regulation National Law to practise in the dental profession (including, if appropriate, a dental therapist, dental hygienist, dental prosthetist or oral health therapist but not including a student) dentist (a) to practise in the dental profession as a dentist (other than as a student); and (b) in the dentists division of that profession enrolled nurse (a) to practise in the nursing profession as a nurse (other than as a student); and (b) in the enrolled nurses division of that profession legally qualified medical practitioner a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) medical practitioner a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) midwife a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession as a midwife (other than as a student) nurse a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession as a nurse (other than as a student) occupational therapist a person registered under the Health Practitioner Regulation National Law to practise in the occupational therapy profession (other than as a student) optometrist a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student) osteopath a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student) pharmacist a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student) physiotherapist a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student) podiatrist a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student) psychologist a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student) registered nurse (a) to practise in the nursing profession as a nurse (other than as a student); and (b) in the registered nurses division of that profession (2) Unless the contrary intention appears or the context requires a different interpretation, a reference in an Act or another instrument to a registered health practitioner will have effect as if it were a reference to a health practitioner registered in the relevant health profession under the Health Practitioner Regulation National Law. Division 6—Complaints, notifications and disciplinary proceedings 40—Extended application of disciplinary proceedings