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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-11-17 Daily Xml
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Health Care (Acquisition of Property) Amendment Bill

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (17:07): I move:

That this bill be now read a second time.

I seek leave to insert the second reading explanation and the explanation of clauses in Hansardwithout my reading them.

Leave granted.

This legislation is a straightforward updating of the acquisition of property powers available to government for health care purposes.

As members will be aware there are existing acquisition of property powers under the Health Care Act 2008.

These powers are specifically for the use in regard to incorporated hospitals.

Therefore such powers are available for the purposes of the 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 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 the SA Ambulance Service, has 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.

However as opposed to other types of land purchases for Local Health Networks, other health services such as SA Ambulance are currently excluded, limiting the Government's options in obtaining the best possible sites to enable critical health service provision.

Regarding any acquisition, the existing 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 this Bill aligns with the Government's approach to deliver effective and responsive public health services to better meet community need.

I commend the Bill to the House.

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.

Debate adjourned on motion of Hon. N.J. Centofanti.

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