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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
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Statutes Amendment (Health and Wellbeing) Bill

Introduction and First Reading

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (15:47): Obtained leave and introduced a bill for an act to amend the Advance Care Directives Act 2013, the Assisted Reproductive Treatment Act 1988, the Automated External Defibrillators (Public Access) Act 2022, the Blood Contaminants Act 1985, the Controlled Substances Act 1984, the Food Act 2001, the Guardianship and Administration Act 1993, the Health and Community Services Complaints Act 2004, the Health Care Act 2008, the Mental Health Act 2009, the Research Involving Human Embryos Act 2003, the Suicide Prevention Act 2021 and the Termination of Pregnancy Act 2021. Read a first time.

Second Reading

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (15:49): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the explanation of clauses inserted in Hansard without my reading them.

Leave granted.

This portfolio Bill provides an opportunity for the Parliament to efficiently make an array of amendments to update, modernise and enhance 13 pieces of legislation in the Health and Wellbeing portfolio.

Regarding the Assisted Reproductive Treatment Act 1988, the Bill makes minor amendments to the Assisted Reproductive Treatment Act 1988 to clarify that the register of assisted reproductive treatment providers maintained by the Minister for Health and Wellbeing is a register of applicants approved by the Minister and not merely a register of persons who hold a licence issued by the Reproductive Technology Accreditation Committee of the Fertility Society of Australia and New Zealand.

Regarding the Automated External Defibrillators (Public Access) Act 2022, the Bill makes a technical amendment to the heading of section 9 of the Automated External Defibrillators (Public Access) Act 2022 to ensure it accurately reflects the content of the section.

Regarding the Blood Contaminants Act 1985, the Bill makes a technical amendment to the Blood Contaminants Act 1985 to modernise the scientific nomenclature used in respect of prescribed contaminants.

Regarding the Controlled Substances Act 1984, the Bill makes sensible amendments to enhance regulatory practices under the Controlled Substances Act 1984, allowing suspension or revocation of a licence, authority or permit in circumstances of voluntary surrender by a holder or where the holder ceases to undertake the activity for which the licence, authority or permit was granted. Additional minor amendments will allow for notices of suspension, revocation or prohibitions to be served electronically, reflecting modern methods of communication.

Regarding the Food Act 2001, the Bill removes an unnecessary approval requirement on food analysts via the Minister, given approved laboratories employing food analysts are required to be approved and hold independent accreditation from the National Association of Testing Authorities Australia. This change removes an unnecessary duplication of approvals, removing the administrative burden on all parties.

Regarding the Health and Community Services Complaints Act 2004, the Bill includes amendments to clarify that in assisting the Health and Community Services Complaints Commissioner to resolve a complaint, a conciliator can request information from the relevant parties to assist the conciliation.

Regarding the Health Care Act 2008, the Bill makes amendments to allow for the transfer of restricted ambulance service licences and for standards to be prescribed to apply to licence holders.

Amendments are also provided to empower the Minister to exempt a person from being required to obtain a private hospital licence to provide health services, which may be appropriate in limited circumstances.

Administrative amendments are provided to expand the grounds on which personal information may be disclosed without breaching confidentiality obligations under the Act. These amendments will codify current practices and authorisations already in place to permit disclosure in specified circumstances, such as for the purposes of law enforcement, Coronial investigations, legal advice, or the Minister's handling of complaints about the provision of health services.

Additionally, the Bill will amend the Health Care Act 2008 to include new offences prohibiting the impersonation of SA Ambulance Service employees or volunteer ambulance officers and preventing the unlawful possession of SA Ambulance Service property. These new offences will address the absence of offences for impersonation and unlawful retention of property in relation to SA Ambulance, bringing the operation of the Act in this regard into line with similar offences existing in relation to police and police security officers under section 74 of the Police Act 1998 and other emergency services officers under section 126 of the Fire and Emergency Services Act 2005.

Regarding the Research Involving Human Embryos Act 2003, the Bill implements a recommendation of the Social Development Committee of Parliament to remove the requirement for amendments of guidelines issued by the National Health and Medical Research Council to be referred to the Committee for review and reporting.

Regarding the Suicide Prevention Act 2021, the Bill makes administrative amendments reflecting the change of name of Wellbeing SA to Preventive Health SA. The renaming reflects the establishment of an agency focused on strengthening the health prevention agenda in South Australia. The Bill also replaces the membership of the Commissioner for Aboriginal Engagement (a position which no longer exists) with an additional member to be appointed by the Minister who has experience in a leadership position in the Aboriginal and Torres Strait Islander community.

Regarding the Advance Care Directives Act 2013, the Bill expands the current powers of substitute decision-makers to allow them to make decisions in relation to transferring admitted patients to regulated federal residential aged care facilities, including where additional support such as a Memory Support Unit is required to ensure that person's safety.

Similarly regarding the Guardianship and Administration Act 1993, the Bill clarifies the powers of a guardian to allow them to make decisions for transfer of patients who are admitted to hospital and need to be placed at a residential aged care facility and may need additional support such as a Memory Support Unit or Locked Ward for that person's safety.

In regard to both Acts, these changes are intended to increase consistency with other jurisdictions and alleviate any delays associated with administrative processes related to authorising a person to move to a federal residential aged care facility and avoid as much as possible the adverse effects associated with prolonged hospitalisations. Federal aged care facilities are regulated by the Australian Government's Aged Care Quality and Safety Commission, and facilities must adhere to the Aged Care Quality Standards.

Regarding the Health Care Act 2008, the Bill provides a new mechanism for entities to be established and designated to provide health services or health support services under the entity's own governance structure, rather than these services being required to be connected to an incorporated hospital (i.e. a Local Health Network). This model would allow, for example, health support services to be delivered statewide by a designated 'incorporated health service', rather than being assigned to one Local Health Network. While there is no immediate intent to utilise this governance mechanism, this amendment helps future–proof health system governance options and increases consistency with governance practices in other states.

Regarding the Mental Health Act 2009, the Bill makes amendments consequential to the amendment of the Health Care Act 2008 in respect the new 'incorporated health service' entity provision and the codification of certain exceptions to confidentiality obligations.

Regarding the Termination of Pregnancy Act 2021, the Bill makes administrative amendments consequential to the amendment of the Health Care Act 2008 in respect of the new 'incorporated health service' entity provision.

This Bill provides a mix of amendments that will modernise health legislation and facilitate a smoother patient journey for South Australians and their families.

I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Advance Care Directives Act 2013

3—Amendment of section 3—Interpretation

This clause inserts definitions for the purposes of proposed new Part 5A.

4—Insertion of Part 5A

This clause inserts new Part 5A as follows:

Part 5A—Powers of substitute decision-makers to place certain persons in residential aged care facility

39A—Persons to whom this Part applies

The proposed section provides that new Part 5A will apply to a person who—

has given an advance care directive; and

has impaired decision-making capacity; and

is admitted as an inpatient of an incorporated hospital.

39B—Powers of substitute decision-makers to place certain persons in residential aged care facility

The proposed section provides that a substitute decision-maker for a person may determine that the person, on being discharged from the incorporated hospital at which they are admitted, is to reside in a residential aged care facility determined by the substitute decision-maker.

The substitute decision-maker may authorise the detention of the person in the residential aged care facility if—

a guardian, being a guardian who has power to detain, or to authorise the detention of, the person in a residential aged care facility under section 31 of the Guardianship and Administration Act 1993, has not been appointed for the person under that Act; and

the detention is reasonably necessary to prevent or reduce a significant risk of serious harm that the person presents to themselves or to others; and

the advance care directive given by the person does not expressly exclude the operation of this proposed section in relation to the person.

An advance care directive given by a person may expressly exclude the operation of this proposed section in relation to the person.

39C—Review by Tribunal

The proposed section provides for review of a substitute decision-maker's detention authorisation by the South Australian Civil and Administrative Tribunal within 6 months of a referral by the incorporated hospital and thereafter at intervals of not more than 1 year.

5—Amendment of section 44—Application of Part

This clause amends section 44 of the Advance Care Directives Act 2013 to provide that the detention, or proposed detention, of a person who has given an advance care directive at a residential aged care facility under section 39B is a matter to which Part 7 (dealing with dispute resolution, reviews and appeals) applies.

Part 3—Amendment of Assisted Reproductive Treatment Act 1988

6—Amendment of section 5—Authorisation and registration required to provide assisted reproductive treatment

This clause amends section 5 of the Assisted Reproductive Treatment Act 1988 to remove the requirement that a person is authorised in accordance with the regulations as well as registered by the Minister under section 7 in order to provide assisted reproductive treatment.

7—Amendment of section 8—Registration

This clause amends section 8 of the Assisted Reproductive Treatment Act 1988 to require the register to include persons determined by the Minister to be eligible for registration.

Part 4—Amendment of Automated External Defibrillators (Public Access) Act 2022

8—Amendment of section 9—Maintenance and testing

This clause amends the section of section 9 of the Automated External Defibrillators (Public Access) Act 2022 to remove the reference to testing.

Part 5—Amendment of Blood Contaminants Act 1985

9—Amendment of section 3—Interpretation

This clause amends section 3 of the Blood Contaminants Act 1985 to substitute a new definition of prescribed contaminant to mean an organism or substance declared by the Minister by notice in the Gazette to be a prescribed contaminant for the purposes of the Act.

Part 6—Amendment of Controlled Substances Act 1984

10—Amendment of section 55—Licences, authorities and permits

This clause amends section 55 of the Controlled Substances Act 1984 to expand the specified circumstances in which the Minister may suspend or revoke a licence, authority or permit under that section.

This clause also expands the manner in which service of a notice under section 55(4), to suspend or revoke a licence, authority or permit may be effected. The clause provides that the notice may be—

given to the person personally; or

posted in an envelope addressed to the person's last known place of residence or business; or

transmitted by email to the person's email address (in which case the notice will be taken to have been given at the time of transmission); or

transmitted by fax to the person's fax number (in which case the notice will be taken to have been served at the time of transmission); or

left for the person at the person's place of residence or business with someone apparently over the age of 16 years.

11—Amendment of section 57—Power of Minister to prohibit certain activities

This clause amends section 57(3) of the Controlled Substances Act 1984 to expand the manner in which service of a copy of an order under that section may be effected. A copy of the order may be served on the person to whom it applies—

personally; or

by post to the person's last known place of residence or business; or

by email transmitted to the person's email address (in which case the notice will be taken to have been served at the time of transmission); or

by fax transmitted to the person's fax number (in which case the notice will be taken to have been served at the time of transmission); or

by being left for the person at the person's place of residence or business with someone apparently over the age of 16 years.

Part 7—Amendment of Food Act 2001

12—Amendment of section 4—Definitions

This clause updates definitions due to the change in name of Australia New Zealand Food Authority to Food Standards Australia New Zealand under the Food Standards Australia New Zealand Act 1991 of the Commonwealth.

This clause also deletes the definition of approved analyst consequential on the amendments under clause 15.

13—Amendment of section 5—Meaning of food

This clause updates section 5 of the Food Act 2001 consequential on changes to the Food Standards Australia New Zealand Act 1991 of the Commonwealth.

14—Amendment of section 60—Certificate of analysis

This clause amends section 60 of the Food Act 2001 to remove references to approved analysts and is consequential on the repeal of Part 6 Division 6 under clause 15.

15—Repeal of Part 6 Division 4

This clause repeals Part 6 Division 4 of the Food Act 2001.

16—Amendment of section 92—Exercise of functions by enforcement agencies

This clause updates section 92 of the Food Act 2001 consequential on changes to the Food Standards Australia New Zealand Act 1991 of the Commonwealth.

17—Amendment of section 102—Presumptions

This clause amends section 102 of the Food Act 2001 to remove references to approved analysts and is consequential on the repeal of Part 6 Division 6 under clause 15.

18—Amendment of section 103—Certificate evidence and evidence of analysts

This clause substitutes section 103(3) of the Food Act 2001 to remove references to approved analysts and is consequential on the repeal of Part 6 Division 6 under clause 15.

19—Amendment of section 111—Disclosure of certain confidential information

This clause updates section 111 of the Food Act 2001 consequential on changes to the Food Standards Australia New Zealand Act 1991 of the Commonwealth.

Part 8—Amendment of Guardianship and Administration Act 1993

20—Amendment of section 3—Interpretation

This clause amends section 3 of the Guardianship and Administration Act 1993 to insert definitions of incorporated hospital and residential aged care facility for the purposes of the amendments to section 31 by clause 21.

21—Amendment of section 31—Powers of guardian

This clause amends section 31 of the Guardianship and Administration Act 1993 to provide that, if a protected person is admitted as an inpatient at an incorporated hospital, the guardian for the protected person may, subject to the terms of the guardianship order—

determine that the protected person is, on being discharged from the incorporated hospital, to reside at a specified residential aged care facility; and

authorise the detention of the protected person for the purposes of transporting the protected person between the incorporated hospital and that residential aged care facility; and

authorise the detention of the protected person at that residential aged care facility.

22—Amendment of section 32—Special powers to place and detain etc protected persons

The amendment to the heading to section 32 of the Guardianship and Administration Act 1993 in this clause is consequential on the grant of powers to a guardian under clause 21.

This clause also amends section 32 of the Guardianship and Administration Act 1993 to provide that the section is in addition to, and does not limit or derogate from, section 31(2) (as inserted under clause 21) or Part 5A of the Advance Care Directives Act 2013.

Part 9—Amendment of Health and Community Services Complaints Act 2004

23—Amendment of section 9—Functions

This clause amends section 9 of the Health and Community Services Complaints Act 2004 to replace references to special needs groups with references to priority consumer groups.

24—Amendment of section 35—Function of conciliator

This clause amends section 35 of the Health and Community Services Complaints Act 2004 to provide that, for the purposes of undertaking a conciliation, a conciliator may request the parties to provide specified information or information of a specified kind that may be relevant for the settlement of the complaint to the conciliator. The clause further provides that a party to a conciliation may provide information in response to a request by a conciliator but is under no obligation to do so.

25—Amendment of section 40—Privilege and confidentiality

This clause amends section 40 of the Health and Community Services Complaints Act 2004 to provide that information provided for the purposes of conciliation will be covered by the privilege and confidentiality provisions under that section.

Part 10—Amendment of Health Care Act 2008

26—Amendment of section 3—Interpretation

This clause inserts a definition of incorporated health service which is consequential to the insertion of new Part 5AA under clause 40.

This clause inserts a definition of public sector agency to consolidate references throughout the Act under a single definition.

27—Amendment of section 4—Objects of Act

This clause amends the objects of the Act in section 4 to refer to incorporated health services which is consequential to the insertion of new Part 5AA under clause 40.

28—Amendment of section 7—Chief Executive

This clause amends the functions and powers of the Chief Executive of the Department under section 7 to refer to incorporated health services, thereby giving the Chief Executive the same functions and powers as the Chief Executive has in relation to incorporated hospitals.

29—Amendment of section 11—Functions of HPC

This clause amends section 11 to provide that the health Performance Council should, in the performance of its functions, seek to obtain, to such extent as is reasonable and relevant in the circumstances, the views of governing boards of incorporated health services.

This clause also amends section 11 to provide that the Health Performance Council cannot, in the performance of its functions, give directions to the governing boards of incorporated health services.

30—Amendment of section 15—Establishment of Councils

This clause amends section 15 to provide that a Health Advisory Council may be established in relation to an incorporated health service.

31—Amendment of section 18—Functions

This clause amends section 18 to provide that the functions of a Health Advisory Council may include to provide advice to the governing board for an incorporated health service about any matter referred to it by the board.

32—Amendment of section 20—Specific provisions in relation to property

This clause amends section 20 to provide that the assets, rights and liabilities of a Health Advisory Council may be transferred by the Minister to an incorporated health service.

33—Amendment of section 28B—Service agreement with Chief Executive

This clause amends section 28B to provide that the Chief Executive of the Department must enter into a service agreement relating to the provision of health services with each incorporated health service and that any such agreement is binding on the Chief Executive and the relevant incorporated health service.

34—Amendment of section 28C—General provisions about service agreements

This clause amends section 28C to provide that a service agreement is entered into by an incorporated health service by the chief executive officer of the incorporated health service signing the service agreement with the approval of the governing board for the incorporated health service.

35—Amendment of section 31—General powers of incorporated hospital

The amendment to section 31 is consequential to the insertion of the definition of public sector agency under clause 26.

36—Amendment of heading to Part 5 Division 1A

This clause amends the heading to Part 5 Division 1A consequential to the amendment to the Division under clause 37.

37—Amendment of section 32A—Transfer of functions etc between incorporated hospitals

This clause amends section 32A to provide that:

the functions of an incorporated hospital may be transferred to an incorporated health service; and

the assets, rights and liabilities of an incorporated hospital may be transferred to an incorporated health service,

by proclamation made by the Governor under the section.

38—Amendment of section 34—Employed staff

This clause amends section 34 to:

update reference to the Commissioner for Public Sector Employment; and

include incorporated health services in the entities where an employing authority under the section may direct an incorporated hospital employee to undertake employment functions; and

delete a definition of public sector agency consequential to the insertion of the definition of public sector agency under clause 26.

39—Amendment of section 45—Interpretation

This clause amends section 45 to include incorporated health services in the definition of designated entity for the purposes of Part 5 Division 9 of the Health Care Act 2008.

40—Insertion of Part 5AA

This clause inserts new Part 5AA relating to the establishment of incorporated health services.

Part 5AA—Incorporated Health Services

Division 1—Incorporation

48BA—Incorporation

This proposed section provides for the establishment and dissolution of incorporated health services by the Governor by proclamation.

48BB—General powers of incorporated health service

This proposed section provides for the general powers of incorporated health services as a body corporate.

This proposed section further provides a range of activities that an incorporated health service may provide in addition to providing health services.

An incorporated health service is an instrumentality of the Crown and holds its property on behalf of the Crown (other than property held on trust).

48BC—Common seal

This proposed section provides that where an apparently genuine document purports to bear the common seal of an incorporated health service, it will be presumed, in the absence of proof to the contrary, that the common seal of that incorporated health service was duly affixed to that document.

Division 2—Functions of incorporated health service

48BD—Functions

This proposed section provides for the functions of an incorporated health service, the main functions being—

health services stated in the service agreements for the incorporated health service; and

teaching, training and research that supports the provision of health services as agreed with the Chief Executive; and

any other services agreed with the Chief Executive.

48BE—Transfer of functions etc

This proposed section provides that the Governor may, by proclamation—

transfer all or some of the functions of an incorporated health service to another incorporated health service or to an incorporated hospital;

transfer the assets, rights and liabilities of an incorporated health service to another incorporated health service or to an incorporated hospital;

make other provisions that in the opinion of the Governor are necessary or expedient in connection with a transfer under this section.

Division 3—Management arrangements

48BF—Governance and management arrangements

This proposed section provides that each incorporated health service is to be governed by a governing board and provides for the functions of a governing board.

The governing board for an incorporated health service must comply with any directions of the Minister and any directions of the Chief Executive and must comply with any policies of the Department specified by the Minister or the Chief Executive to apply to a governing board in the performance of its functions.

48BG—Composition of governing boards for incorporated health services

This proposed section provides for the composition of governing boards for incorporated health services.

A governing board for an incorporated health service must consist of 6 or more members (but not more than 8) appointed by the Minister, being persons who collectively have, in the opinion of the Minister, knowledge, skills and experience necessary to enable the board to carry out its functions effectively. The proposed section provides details on requirements in respect of individual members of a governing board.

48BH—Members of governing boards for incorporated health services to act in public interest

This proposed clause provides that a member of a governing board for an incorporated health service is to act impartially and in the public interest in performing the member's duties.

48BI—Disclosure of pecuniary or personal interest

This proposed section provides for the disclosure and management of pecuniary and personal interests of governing board members and committee members where the interest is in a matter being considered or about to be considered by the board or the committee.

48BJ—Chief executive officer for incorporated health service

This proposed section provides for the appointment of the chief executive officer of an incorporated health service by reference to a specified person or a person occupying a specified office or position.

The section further provides that the chief executive officer of an incorporated health service is responsible for managing the operations and affairs of the health service and is accountable to, and subject to the direction of, the governing board for the health service. An act done or decision made by the chief executive officer of an incorporated health service in the course of official functions and duties is an act or decision of the incorporated health service.

48BK—Provisions relating to members, procedures, committees and subcommittees etc

This proposed section provides that Schedule 3 applies in respect of governing boards for incorporated health services.

Division 4—Employed staff

48BL—Employed staff

This proposed section provides that an employing authority may employ persons to perform functions in connection with the operations or activities of an incorporated health service. The terms and conditions of employment of a person under the section will be fixed by the Chief Executive and approved by the Commissioner for Public Sector Employment.

A person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009).

A person employed under this section may be directed by the employing authority to perform functions in connection with the operations or activities of another incorporated health service, an incorporated hospital, or any other public sector agency, specified by the employing authority.

48BM—Superannuation and accrued rights etc

This proposed section provides that an employing authority may enter into arrangements contemplated by section 5 of the Superannuation Act 1988 with respect to a person employed at an incorporated health service.

This proposed section also provides for the circumstances in which a person's existing and accruing rights in previous employment in respect of recreation leave, sick leave and long service leave carry over to their employment at an incorporated health service.

Division 5—Accounts, audits and reports

48BN—Accounts and audit

This proposed section provides that an incorporated health service must cause proper accounts to be kept of its financial affairs and financial statements to be prepared in respect of each financial year.

This proposed section also provides that the Auditor-General may at any time, and must in respect of each financial year, audit the accounts and financial statements of an incorporated health service.

48BO—Annual report

This proposed section provides that an incorporated health service must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of the incorporated health service during that financial year. The report must incorporate the audited accounts and financial statements of the incorporated health service for the financial year.

The Minister must, within 12 sitting days after the receipt of a report under this proposed section, cause a copy of the report to be laid before both Houses of Parliament.

Division 6—Sites, facilities and property

48BP—Ability to operate at various sites

This proposed section provides that an incorporated health service may be established or undertake its activities—

in relation to specified health services or a specified class, or classes, of health services;

in relation to 1 or more sites or the State generally.

48BQ—Ability to provide a range of services and facilities

This proposed section provides for flexibility in the provision of health services and related services by an incorporated health services and the sites and facilities at which those services are provided. The Minister may establish guidelines about those services or facilities.

Division 7—Delegations

48BR—Delegations

This proposed section provides for delegations by an incorporated health service.

Division 8—Fees

48BS—Fees

This proposed section provides that the Minister may, by notice in the Gazette, set fees (including differential fees) to be charged by any incorporated health service in respect of any service provided by it and also provides for the recovery of the fees that are payable to an incorporated health service.

Division 9—Inspectors

48BT—Inspectors

This proposed section provides for the appointment of inspectors for the purposes of inspecting, investigating and assessing the administration, operations and governance of incorporated health services.

A person must not refuse or fail to comply with a requirement made by an inspector under the proposed section and also must not hinder or obstruct an inspector, or a person assisting an inspector, in the exercise of the powers conferred by the proposed section. A maximum penalty of $10,000 will apply in each case.

41—Amendment of section 52—Employed staff

This clause amends section 52 to:

(a) update reference to the Commissioner for Public Sector Employment; and

(b) include incorporated health services in the entities where an employing authority under the section may direct an SA Ambulance Service employee to undertake employment functions; and

(c) delete a definition of public sector agency consequential to the insertion of the definition of public sector agency under clause 26.

42—Amendment of section 58—Licence to provide non-emergency ambulance services

This clause amends section 58 to provide that the Minister may, on application and payment of the fee fixed by the Minister, transfer a restricted ambulance service licence to a proposed transferee if the Minister is satisfied (in such manner as the Minister may determine) as to the suitability of the person to hold the licence.

43—Amendment of section 60—Holding out etc

This clause amends section 60 to provide 2 additional offences in relation to SA Ambulance Service as follows:

(a) a person must not falsely hold themself out to be a member of the staff of SAAS;

(b) a person must not, without lawful excuse, be in possession of—

(i) property of SAAS; or

(ii) an item that is, or is part of, an official uniform reserved for members of the staff of SAAS.

In each case a maximum penalty of $10,000 applies.

44—Amendment of section 68—Preliminary

This clause amends section 68 to correct references to health services entity.

45—Amendment of section 78—Testamentary gifts and trusts

This clause amends section 78 to provide that the section applies in relation to incorporated health services in the same way it applies in relation to incorporated hospitals.

46—Amendment of section 79—Prohibition of operating private hospitals unless licensed

This clause amends section 79 to provide that the restriction on private hospitals providing health services under the section does not apply in relation to health services provided under an exemption granted by the Minister under Part 10.

47—Insertion of section 88A

This clause inserts proposed new section 88A which provides that the Minister may, on such conditions as the Minister thinks fit, grant exemptions from Part 10 or specified provisions of Part 10—

(a) on specified persons or persons of a specified class; or

(b) in relation to specified services or services of a specified class.

It will be an offence for a person to contravene or fail to comply with a condition imposed under the section and a maximum penalty of $20,000 will apply.

48—Amendment of section 89—Preliminary

This clause amends section 89 to provide that incorporated health services will be excluded from the definition of declared day hospital for the purposes of Part 10A.

49—Amendment of section 89B—Prohibition on providing prescribed health services unless licensed

This clause amends section 89B to provide that the prohibition in section 89B against providing prescribed health services does not apply in relation to an incorporated health service.

50—Amendment of section 89C—Private day procedure centre licence

This clause amends section 89C to correct a reference to a private day procedure centre licence.

51—Amendment of section 89D—Conditions of licence

This clause amends section 89D to correct a reference to a private day procedure centre licence.

52—Amendment of section 89L—

This clause amends section 89L to update reference to the Commissioner for Public Sector Employment.

53—Amendment of section 90—Recognised organisations

This clause amends section 90 to provide that recognised organisations under the section has the right to make submissions to an incorporated health service on any matter arising out of, or in relation to, the performance or exercise of any of its functions or powers under the Act.

54—Amendment of section 90A—Acquisition of property

This clause amends section 90A to provide that the section does not limit or affect the power of an incorporated health service to acquire land, or an interest in land, by agreement.

55—Amendment of section 91—Duty of Registrar-General

This clause amends section 91 to provide that an incorporated health service, where an interest in land has vested in the incorporated health service, may apply to the Registrar-General for the issue of new certificates of title, or for entries and notations to be made on existing certificates of title, as may be necessary to evidence the vesting of the relevant interest.

56—Amendment of section 92—Conflict of interest

This clause amends section 92 to provide that a person employed at an incorporated health service will be a health employee for the purposes of section 92.

57—Amendment of section 93—Confidentiality

This clause amends section 93 as follows:

section 93(1) is amended to provide that for the purposes of the section person is engaged in connection with the operation of this Act if the person is a member of the governing board for an incorporated health service or is engaged to work at an incorporated health service in a manner not otherwise listed in section 93(1);

section 93(1) is amended to provide that it will be an exception to the offence of disclosure of information obtained in the course of administration of this Act while working at an incorporated health service where the incorporated health service has authorised or required the disclosure of the information;

section 93(3)(d)(iii) is amended to provide that the offence in subsection (1) does not prevent a person from disclosing information to such extent as is reasonably required in connection with the management or administration of an incorporated health service;

section 93(3) is amended to provide that the offence in subsection (1) does not prevent a person from—

disclosing information to South Australia Police if there are reasonable grounds to suspect that an offence has been, or may be, committed and the disclosure is reasonably required for the purpose of reporting the matter to South Australia Police; or

disclosing information to the State Coroner, or to a person who is an investigator under the Coroners Act 2003 investigating a death on behalf of the State Coroner; or

disclosing information to a legal practitioner engaged by or on behalf of the Minister, the Department, an attached office to the Department, an incorporated hospital, an incorporated health service, SAAS or the South Australian Government Financing Authority (acting in its function as insurer to an entity referred to in this paragraph) to provide legal representation or legal advice; or

disclosing information to the Minister or persons employed or engaged to work for the Minister for the purposes of the Minister handling a complaint made by the person to whom the information relates (or by their personal representative) about mental health services the person has received.

58—Amendment of section 100—Regulations

This clause amends section 100 to provide that the regulation making power in the section will apply in relation to incorporated health services in the same way that it applies in relation to incorporated hospitals.

This clause also amends section 100 to provide that the regulations may prescribe standards to be observed by the holder of a restricted ambulance service licence in the provision of health services.

59—Amendment of Schedule 3—Governing boards for incorporated hospitals

This clause amends Schedule 3 consequential to the application of the Schedule in relation to incorporated health services under inserted new Part 5AA under clause 40.

Part 11—Amendment of Mental Health Act 2009

60—Amendment of section 3—Interpretation

This clause amends section 3 of the Mental Health Act 2009 to insert definitions of incorporated hospital and incorporated health service both to be defined as having the same meaning as in the Health Care Act 2008.

61—Amendment of section 51—Community visitors' functions and powers

This clause amends section 51(3) of the Mental Health Act 2009—

consequential to the insertion of the definition of incorporated hospital; and

to provide that community visitors will have the authority to conduct inspections of the premises and operations of any incorporated health service.

62—Amendment of section 90—Chief Psychiatrist's functions

This clause amends section 90 of the Mental Health Act 2009—

consequential to the insertion of the definition of incorporated hospital; and

to provide that standards issued by the Chief Psychiatrist under the section will be binding on an incorporated health service; and

provides that the Chief Psychiatrist will have the authority to conduct inspections of the premises and operations of any incorporated health service and for that purpose will have the powers specified in section 90(5).

63—Amendment of section 106—Confidentiality and disclosure of information

This clause amends section 106 of the Mental Health Act 2009 as follows:

section 106(1) is amended to provide that an exception to the offence of disclosure of information obtained in the course of administration of this Act while working at an incorporated health service where the incorporated health service has authorised or required the disclosure of the information;

section 106(2)(a) is amended to provide that the offence in subsection (1) does not prevent a person from disclosing information as authorised by law;

section 106(2)(d)(iii) is amended to provide that the offence in subsection (1) does not prevent a person from disclosing information to such extent as is reasonably required in connection with the management or administration of an incorporated health service;

section 106(2) is amended to provide that the offence in subsection (1) does not prevent a person from—

disclosing information to South Australia Police if there are reasonable grounds to suspect that an offence has been, or may be, committed and the disclosure is reasonably required for the purpose of reporting the matter to South Australia Police; or

disclosing information to the State Coroner, or to a person who is an investigator under the Coroners Act 2003 investigating a death on behalf of the State Coroner; or

disclosing information to a legal practitioner engaged by or on behalf of the Minister, the Department, an attached office to the Department, an incorporated hospital, an incorporated health service, SAAS or the South Australian Government Financing Authority (acting in its function as insurer to an entity referred to in this paragraph) to provide legal representation or legal advice; or

disclosing information to the Minister or persons employed or engaged to work for the Minister for the purposes of the Minister handling a complaint made by the person to whom the information relates (or by their personal representative) about mental health services the person has received.

Part 12—Amendment of Research Involving Human Embryos Act 2003

64—Amendment of section 3—Interpretation

This clause amends section 3 of the Research Involving Human Embryos Act 2003 to update a reference to The Fertility Society of Australia and New Zealand in paragraph (a) of the definition of accredited ART centre.

65—Amendment of section 30—NHMRC guidelines

This clause repeals section 30(3) of the Research Involving Human Embryos Act 2003.

Part 13—Amendment of Suicide Prevention Act 2021

66—Amendment of section 3—Interpretation

This clause substitutes a definition of Preventive Health SA in the place of the definition for Wellbeing SA given the change in name of the attached office. This clause also deletes the definition of Commissioner for Aboriginal Engagement.

67—Amendment of section 9—Establishment of Suicide Prevention Council

This clause amends section 9 consequential on the change of the name of Wellbeing SA to Preventive Health SA. This clause also amends section 9 to remove the Commissioner for Aboriginal Engagement as an ex officio member of the Suicide Prevention Council and to instead include an additional member appointed by the Minister who must have experience in a leadership position in the Aboriginal and Torres Strait Islander community.

Part 14—Amendment of Termination of Pregnancy Act 2021

68—Amendment of section 3—Interpretation

This clause inserts a definition of incorporated health service to have the same meaning as in the Health Care Act 2008.

69—Amendment of section 19—Confidentiality

This clause amends section 19 of the Termination of Pregnancy Act 2021 as follows:

section 19(1)(b) is amended to provide that an exception to the offence of disclosure of information obtained in the course of administration of this Act while working at an incorporated health service where the incorporated health service has authorised or required the disclosure of the information;

section 19(2)(c)(iii) is amended to provide that the offence in subsection (1) does not prevent a person from disclosing information to such extent as is reasonably required in connection with the management or administration of an incorporated health service.

70—Amendment of section 21—Regulations

This clause amends section 21(2)(a) of the Termination of Pregnancy Act 2021 to include incorporated health services in the list of entities that the regulations may require to collect and provide the Minister, the Department, or an attached office attached to the Department with data and statistics in relation to services connected with the performance of terminations.

Debate adjourned on motion of Mr Batty.