Health Services Act 1997

The following provisions have effect in relation to the assets, rights and liabilities of an existing local health network on its dissolution—

the assets of the network vest in the network’s successor by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

the rights or liabilities of the network become by virtue of this clause the rights or liabilities of the network’s successor,

all proceedings relating to the assets, rights or liabilities commenced before the network’s dissolution by or against the network or a predecessor of the network and pending immediately before the network’s dissolution are taken to be proceedings pending by or against the network’s successor,

any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the network’s dissolution by, to or in respect of the network is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the network’s successor,

the network’s successor has all the entitlements and obligations of the network in relation to those assets, rights and liabilities that the network would have had but for its dissolution, whether or not those entitlements and obligations were actual or potential at the time the dissolution took effect.

Without limiting subclause (1)—

any agreement between an existing local health network and any person that was in force (or taken to be in force) immediately before the dissolution of the network is taken on and from that dissolution to have been entered into between the network’s successor and the person, and

any delegation given (or taken to have been given) by an existing local health network in force immediately before the dissolution of that network is taken on and from that dissolution to have been given by the network’s successor.

The operation of this clause is not to be regarded—

as a breach of contract or confidence or otherwise as a civil wrong, or

as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or

as an event of default under any contract or other instrument.

No attornment to an existing local health network’s successor by a lessee from the network is required.

No compensation is payable to any person or body in connection with the transfer of any asset, right or liability by operation of this clause.

State tax is not payable in relation to—

an exempt matter, or

anything done because of, or for a purpose connected with or arising out of, an exempt matter.

The Minister may, by notice in writing, confirm that particular assets, rights or liabilities have become the assets, rights or liabilities of an initial local health district by operation of this clause. Such a notice is conclusive evidence of that fact.

In this clause—

the transfer of any assets, rights or liabilities by operation of this clause (including, without limitation, any instrument executed only for a purpose ancillary to or consequential on the operation of this clause),

anything certified by the Minister in writing as having been done in consequence of such a transfer (for example, the transfer or registration of an interest in land).