HEALTH SERVICES CHARITABLE GIFTS BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 15, page 7, lines 18 and 19—

Clause 15(c)—Delete 'the Investment Advisory Committee established in Schedule 2 and any other body' and substitute:

No. 2. Clause 15, page 7, line 22—

Clause 15(d)—Before 'body' first occurring insert:

person or

No. 3. Clause 18, page 9, line 2—

Clause 18(1)—Delete 'The' and substitute:

Subject to this Act, the

No. 4. Clause 18, page 9, line 4—

Clause 18(2)—Delete 'a public health entity' and substitute:

an entity or body (the donee)

No. 5. Clause 18, page 9, lines 11 to 16—

Clause 18(3)—Delete subclause (3) and substitute:

(3) In managing and applying a portion of the charitable assets attributable to a particular donor, the Board—

(a) must consider the intent, as far as it may be reasonably ascertained, of the donor; and

(b) so far as is reasonably practicable, must apply the portion in a manner that the Board considers is most likely to achieve the intention of the donor; and

(c) if the donee remains in existence at the relevant time as a public health entity or prescribed research body—may only apply the portion to some other public health entity or prescribed research body if the Board first consults the donee in such manner as the Board thinks fit.

No. 6. Clause 20, page 10, line 17—

Clause 20(4)—Delete 'property specified in Schedule 1 clause 2' and substitute:

prescribed property

No. 7. Clause 20, page 10, lines 22 to 27—

Clause 20(5)—Delete subclause (5)

No. 8. Clause 20, page 10, after line 39—

Clause 20—After subclause (9) insert:

(10) In this section—

prescribed property means property that—

(a) is prescribed by regulation and was given in a manner prescribed by regulation; and

(b) was held by the Commissioners of Charitable Funds immediately before the commencement of Schedule 3 (and vested in the Board as part of the charitable assets on the commencement of Schedule 3),

but does not include property given (or purportedly given) to or for the benefit of a body specified in Schedule 1 clause 1.

No. 9. New clause, page 11, after line 5—

After clause 22 insert:

22A—Board to meet with public sector employee nominated by Minister

(1) The Minister must, with the agreement of the Treasurer, nominate a public sector employee (with expertise, knowledge or experience deemed suitable by the Minister) for the purposes of this section.

(2) The Board must, on a quarterly basis, meet with the person nominated by the Minister for the purpose of receiving advice and recommendations from the nominee on the exercise of the Board's functions in relation to the Board's investment portfolio, investment objectives and strategies, and related matters.

(3) For the purposes of a meeting under subsection (2), the Board must provide the nominee with such information or records in the possession or control of the Board as the nominee may require in such manner and form as the nominee may require, by no later than 1 month prior to the meeting.

No. 10. Clause 23, page 11, lines 8 to 12—

Clause 23(1)—Delete subclause (1) and substitute:

(1) The Board may, subject to subsection (2), establish committees to provide advice on any matter affecting the administration of this Act as the Board thinks fit.

No. 11. Clause 23, page 11, line 15—

Clause 23(2)—Delete 'under subsection (1)(b)' and substitute:

(and the regulations may make provision in relation to the establishment of the committee and any procedure to be followed by the committee)

No. 12. Clause 23, page 11, line 16—

Clause 23(3)—Delete 'established under subsection (1)(b)'

No. 13. Clause 23, page 11, line 21—

Clause 23(4)—Delete 'established under subsection (1)(b)'

No. 14. Clause 23, page 11, after line 21—

Clause 23(4)—Before paragraph (a) insert:

(aa) as prescribed by regulation; or

No. 15. Clause 23, page 11, line 22—

Clause 23(4)(a)—Before 'as' insert:

insofar as the procedure is not prescribed under paragraph (aa),

No. 16. Clause 23, page 11, line 23—

Clause 23(4)(b)—After 'is not' insert:

prescribed under paragraph (aa) or

No. 17. Clause 29, page 12, lines 29 to 31—

Clause 29(3)—Delete subclause (3) and substitute:

(3) The report on the operations of the Board under subsection (1)(a) must include the following:

(a) if the Board has, in the relevant financial year, applied a portion of the charitable assets that is attributable to a gift to or for the benefit of an entity or body to some other entity or body, a statement of reasons for the Board's decision to so apply the portion;

(b) a summary of any advice given, or recommendations made, by the public sector employee under section 22A in the relevant financial year;

(c) any other information prescribed by regulation.

No. 18. Clause 29, page 12, line 34—

Clause 29(5)—Delete subclause (5)

No. 19. Heading to Schedule 1, page 13, line 15—

Schedule 1, heading—Delete 'and parts of the charitable assets'

No. 20. Schedule 1, clause 2, page 13, lines 23 to 35—Delete the clause

No. 21. Schedule 2, page 14, line 1 to page 15, line 33—Delete the Schedule

No. 22. Schedule 3, clause 6(1)(b), page 17, lines 1 to 4—Delete paragraph (b) and substitute:

(b) for the benefit of Metropolitan Domiciliary Care, including funds held in the Metropolitan Domiciliary Care fund in the 23 series accounts.

Consideration in committee.

The Hon. J.D. HILL: I move:

That the Legislative Council's amendments be agreed to.

I indicate that the government supports the legislation as amended in the other place. The amendments were moved by our colleague the Hon. John Darley in relation to a number of matters. I had some very good discussions with Mr Darley, who, as members would know, is not only a member of the other place but is also a former chair of the board of the Charitable Gifts Trust. He raised some quite sensible, practical issues with me and, through negotiation with him, we arranged some amendments which gave him some certainty about the protocols that were being put in place.

I understand that, when it went to the other place, this was agreed to by all parties. There was no contention about it, so that is a good thing. The bill is strengthened. This is a bit of legislation that has been around for a very, very long time. There has been a desire by members of the board to have amendments made over a long period of time, and I am very pleased that this parliament has now been able to deal with it. It creates a new institution based on the old. It gives it a lot more flexibility, greater clarity about its roles and responsibilities, and it allows it to get on with its job in a modern context. I can explain any of the amendments to members if they would like detail, but I am assuming they are familiar with what was agreed to in the other place. I commend this to the house and once again thank all members for their support.

Dr McFETRIDGE: I am pleased that the government has agreed to the amendments put up in the other place. I, too, spoke to Mr Darley and used his experience as the former commissioner to look at what was happening with this bill because many people were concerned that this was a cash grab by the government.

I have had long discussions with Mr Darley and others involved, and the opposition is confident that the bill will achieve its aim to ensure that endowments and gifts are used to the best advantage not only of the medical profession and hospitals in South Australia but also in the way that was initially intended by the donors and those bequeathing moneys and properties to be used for the benefit of hospitals and others. With that, the opposition looks forward to watching the act at work.

Ms CHAPMAN: I made a rather long, I think healthy—the minister might not think very helpful—contribution to this debate because I felt it was important that we ensure some independence of whatever structure is the modern version of the commissioners of charitable funds, and the new board is to come into effect. I thank the Hon. John Darley for introducing these amendments, many of which flowed from significant reform and concerns that the opposition raised about the extent to which there would be an obligation on the board to take instruction/direction/advice from people under the control of Treasury. That having been, I think, watered down by these amendments, I welcome them. As I say, I thank the Hon. John Darley for his insistence on such amendments, which we supported in another place.

I have previously thanked the retiring members of the board as a result of this legislation coming to pass, so I won't progress that again. But there was thorough consideration in the other place, and on this occasion I thank the minister for accepting those amendments so that we can proceed to the new structure.

The Hon. J.D. HILL: I thank the honourable member for Bragg for her shortest-on-record speech in the history of this parliament—congratulations!

Ms Chapman: No, my shortest is, 'I support that.'

The Hon. J.D. HILL: That might be a slight exaggeration, but I do thank her for her contribution, and I thank members for their support. It is all good news from here.

Motion carried.

At 17:47 the house adjourned until Wednesday 18 May 2011 at 11:00.