Hospital Foundations Act 2018

This Act may be cited as the Hospital Foundations Act 2018.

This Act, other than the following provisions, commences on a day to be fixed by proclamation—

part 10, division 2, subdivisions 1 and 2;

part 10, division 3, subdivisions 1 and 2;

part 10, divisions 5 to 8.

The main purpose of this Act is to establish a legislative framework under which entities may support and improve public health in Queensland.

The main purpose is primarily achieved by providing for—

the objects for which a foundation may hold and manage property; and

the establishment of foundations and boards for foundations; and

matters relating to the administration and oversight of foundations and boards.

This Act binds all persons, including the State.

Nothing in this Act makes the State liable to be prosecuted for an offence.

The dictionary in schedule 1 defines particular words used in this Act.

The objects for which a foundation may hold and manage property are as follows—

to support, improve or promote an existing public sector hospital, public sector health service facility or public sector health service;Examples—

1 buying medical equipment

2 funding the improvement of a building from which public sector health services are provided

to support or promote a proposed public sector hospital, public sector health service facility or public sector health service;

to give financial support for the education, training or development of the employees of a Hospital and Health Service or persons working as volunteers for a Hospital and Health Service;Example—funding educational or professional development courses

to give financial support for persons studying or teaching medical or health science, allied health or health administration;

to give financial support for research in medical or health science or to promote the results of that research;Example—funding research centres or research projects

to support or promote the objectives of preventing illness and improving the health and wellbeing of the Queensland population;

to do anything else that is likely to support, improve or promote public health.

Examples—

1 funding a preventative health program

2 providing a patient transport service

3 subsidising the provision of car parking for patients of a public sector hospital and their support persons

A person may apply to the Minister for approval to establish a foundation under this Act for an object mentioned in section 7.

The application must state—

the proposed name of the foundation; and

the objects for which the foundation will hold and manage property; and

either—

if the foundation is proposed to perform its functions in association with Health and Wellbeing Queensland—that fact; or

otherwise—the name of the Hospital and Health Service proposed to be the associated Hospital and Health Service for the foundation.

Subsection (3) applies if the foundation is to be established for an existing or proposed public sector hospital, public sector health service facility or public sector health service.

The application must also state the name of the existing or proposed public sector hospital, public sector health service facility or public sector health service.

The Minister may, by notice given to the applicant, ask the applicant to give the Minister within a stated reasonable period information or documents the Minister considers necessary to decide the application.

The Minister must consider the application and decide to approve or not approve the application.

In considering the application, the Minister may have regard to—

the financial standing of the applicant; and

whether the stated objects of the proposed foundation are consistent with the objects mentioned in section 7; and

whether the applicant has a sufficient understanding of legislation applying to foundations; and

other matters the Minister considers appropriate.

The Minister must recommend to the Governor in Council the making of a regulation under section 12 to establish the foundation if the Minister is satisfied—

the foundation is likely to support or improve public health; and

it is in the public interest to establish the foundation.

The Minister must as soon as practicable give the applicant notice of the Minister’s decision.

A regulation may establish a foundation.

The regulation must state the name of the foundation.