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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-02-03 Daily Xml
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MOUNT GAMBIER HOSPITAL HYDROTHERAPY POOL FUND BILL

Second Reading

Adjourned debate on second reading.

(Continued from 27 November 2008. Page 1052.)

The Hon. J.A. DARLEY (15:47): I rise to raise my concerns over this bill. Members may know that, immediately before I came to this place, I was the chairman for the Commissioners of Charitable Funds. There are three commissioners who are appointed under, and administer gifts, bequests and donations pursuant to, the Public Charities Funds Act 1935. The commissioners' role is to manage and invest these funds for the benefit of the proclaimed institutions under the act.

Currently, there are 14 proclaimed institutions, including the Royal Adelaide Hospital, the Queen Elizabeth Hospital, the Port Augusta Hospital and, more importantly for the purpose of this bill, the Mount Gambier Hospital. The commissioners currently hold in trust all the money donated towards the Mount Gambier hydrotherapy pool and have invested it in accordance with their act.

I see no reason why this bill should provide for the transfer of this money from the commissioners to Country Health SA when the commissioners have already invested the money for the benefit of the hospital and have the resources to advertise for donors who want their money returned, and when we have a body such as the Mount Gambier and Districts Health Advisory Council whose role under the Health Care Act 2008 is to consult with the community and to receive money to be spent on projects for its benefit.

We need to keep in mind that this is community money, not government money, and it should stay with those who have been appointed under the law to use it for community benefit. In time, it would be logical, in terms of the provisions contained in the Health Care Act, that the 42 health advisory councils that are charged with the responsibility of receiving gifts, donations and bequests on behalf of country hospitals also be proclaimed as institutions under the Public Charities Funds Act to avoid the need in the future for bills such as the one now before us.

My amendments to the bill have two main aims: first, to give the Commissioners of Charitable Funds the authority to pay out money to donors who would like their money back and who can prove the amount donated; and, secondly, for the local health advisory council—in this case the Mount Gambier and Districts Health Advisory Council Incorporated—to develop a plan in consultation with the community to determine how the balance money is to be spent, after which the commissioners will transfer the balance money to the council to be used for this project.

The commissioners are already holding the money raised for the hydrotherapy pool, and it is common sense to let them continue to hold the money in trust instead of transferring the money to Country Health SA. They can then transfer the balance to the health advisory council after it has consulted with the community.

I note that section 18(1)(j) of the Health Care Act 2008 states that the functions of a health advisory council may include:

...to participate in budget discussions and financial management or development processes; [and] to undertake fundraising activities.

Section 21 of the Health Care Act also refers to the account-keeping requirements of a health advisory council, indicating that it was intended for health advisory councils to receive and deal with gifts and donations.

The government has argued that health advisory councils do not have tax exemption status as yet and therefore cannot receive moneys. In view of the fact that the Health Care Act came into effect in 2008, it was the responsibility of Country Health SA to obtain tax exempt status for the 42 health advisory councils. If this has not already been achieved this is because of its own incompetence, negligence or both.

There seems to be absolutely no reason to involve Country Health SA in this refund process, given the existing statutory responsibilities of the Commissioners of Charitable Funds and the Mount Gambier and Districts Health Advisory Council. I would urge all honourable members to support my amendments and for the government to see the common sense in this to ensure the efficient and proper administration of these community funds.

Debate adjourned on motion of Hon. J.M. Gazzola.

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