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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2022-11-16 Daily Xml
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Health Care (Acquisition of Property) Amendment Bill

Introduction and First Reading

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (15:56): Obtained leave and introduced a bill for an act to amend the Health Care Act 2008. Read a first time.

Standing Orders Suspension

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (15:57): I move:

That standing orders be so far suspended as to enable the bill to pass through all remaining stages without delay.

The SPEAKER: It has been moved. An absolute majority is required. I have counted the house and a majority not being present, ring the bells.

An absolute majority of the whole number of members being present:

The Hon. J.A.W. GARDNER (Morialta—Deputy Leader of the Opposition) (15:58): Do members have the opportunity to talk on the motion?

The SPEAKER: Very well.

The Hon. J.A.W. GARDNER: The opposition will not oppose this suspension. I note that the last time we were here was at this time in the last sitting week and the government's motion on that occasion was opposed. We felt at that time that the bill in question was not of that level of urgency, a prediction that has borne true because the government has not seen fit to progress it, indeed, ahead of this one that has come two weeks later.

That one we opposed also because we were convinced that it was not necessary this year or potentially this decade; nevertheless, we have had a briefing from the government that suggests that there is a time constraint on this bill that requires its passage prior to 2030 and the government would like it by the end of this year, so we will take that in good faith.

While we have not had the opportunity to meet as a party room to discuss this bill, we have had a briefing and we will be able to put a position on the bill in the Legislative Council. That process in the Legislative Council can take a little bit longer than in the House of Assembly and for that reason we do not propose to oppose the suspension today.

Motion carried.

Second Reading

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (16:00): I move:

That this bill be now read a second time.

This legislation is a straightforward updating of the acquisition of property powers available to the government for healthcare purposes. As members will be aware, there are existing acquisition of property powers under the Health Care Act 2008. These powers are specifically for use in regard to incorporated hospitals; therefore, such powers are available for the purposes of acquisition of land for local health networks, however not for SA Ambulance stations or for other health services.

This bill will allow the minister responsible for the Health Care Act to acquire property where reasonably necessary subject to and in accordance with the Land Acquisition Act for the purposes of providing health services more broadly. This is especially important having regard to the current expansion of SA ambulance services and infrastructure currently underway to improve response times in emergencies to the South Australian community.

In developing the works program, the Department for Health and Wellbeing, in collaboration with SA Ambulance Service, have considered functional requirements. These include adequate property size, proximity to arterial roadways, avoiding known roadway bottlenecks and ensuring a spread of stations to enable the best possible ambulance response times in an emergency.

The bill by defining health services, rather than incorporated hospitals, also reflects the importance of community-based non-hospital setting health service delivery, with recent examples being the urgent mental healthcare centre or the proposal for the GP urgent care centres, although no specific proposal in relation to them is being considered at this time in relation to compulsory acquisition.

However, as opposed to other types of land purchases for local health networks, other health services, such as SA Ambulance or other health services, are currently excluded, limiting the government's options in obtaining the best possible sites to enable critical health service provision. Regarding any acquisition, the recent protections within the Land Acquisition Act apply regarding concerns of persons whose interest in property is sought to be acquired. This includes review, objection or appeal options that may be exercised at various stages of the acquisition process.

Of course, it is important to recognise that other planning protections still apply to any development after the acquisition process. The legislation includes a transitional provision to ensure that any acquisition process underway under the previous legislation would be able to be continued. Overall, the bill aligns with the government's approach to deliver effective and responsive public services to better meet the community need. I commend the bill to the house. I seek leave to have the second reading explanation of clauses inserted into Hansard without my reading it.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

Part 2—Amendment of Health Care Act 2008

2—Repeal of section 40

Section 40—delete the section

3—Insertion of section 90A

A new section 90A is proposed to be inserted:

90A—Acquisition of property

The Minister is authorised, subject to and in accordance with the Land Acquisition Act 1969, to acquire land if the Minister considers that the acquisition of the land is reasonably necessary for the purposes of the provision of health services. The proposed new section also provides that it does not limit or affect the power of the Minister, a HAC, an incorporated hospital or SAAS to acquire land, or an interest in land, by agreement.

Schedule 1—Transitional provision

1—Transitional provision

A transitional provision is included for the purposes of the measure.

Bill read a second time.

Third Reading

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (16:03): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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