Health Care Act 2008

This

Act may be cited as the Health

Care Act 2008.

In this Act, unless the contrary intention appears—

ambulance means a vehicle that is equipped to provide medical treatment or to monitor a person's health and that is staffed by persons who are trained to provide medical attention during transportation;

ambulance service means the service of transporting by the use of an ambulance a person to a hospital or other place to receive medical treatment or from a hospital or other place at which the person has received medical treatment;

Chief

Executive means the Chief Executive of the Department and includes a person for the time being acting in that position;

Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this

Act;

domestic partner—a person is a domestic partner of another if the person is a domestic partner of the other within the meaning of the Family

Relationships Act 1975, whether declared as such under that Act or not;

emergency ambulance service means an ambulance service that—

responds to requests for medical assistance (whether made by 000 emergency telephone calls or other means) for persons who may have injuries or illnesses requiring immediate medical attention in order to maintain life or to alleviate suffering; and

is set up to provide medical attention to save or maintain a person's life or alleviate suffering while transporting the person to a hospital;

employing authority means—

subject to paragraph (b), the Chief Executive; or

if the Governor thinks fit, a person, or a person holding or acting in an office or position, designated by proclamation made for the purposes of this definition;

governing board—see section 33;

HAC means a Health Advisory Council established under Part

4;

health service means—

a service associated with:

the promotion of health and well‑being; or

the prevention of disease, illness or injury; or

intervention to address or manage disease, illness or injury; or

the management or treatment of disease, illness or injury; or

rehabilitation or on‑going care for persons who have suffered a disease, illness or injury; or

a paramedical or ambulance service; or

a residential aged care service; or

a research, pathology or diagnostic service associated with veterinary science; or

a service brought within the ambit of this definition by the regulations, but does not include a service excluded from the ambit of this definition by the regulations;

HPC means the Health Performance Council established under Part

3;

hospital means, according to the context—

an entity (whether corporate or unincorporated and including a partnership or other structure) by which health services are provided, being health services that include services provided to persons on a live-in basis;

a site at which activities of an incorporated hospital are undertaken;

hospital bed means the bed and associated facilities provided by a hospital for the provision of health services to a patient on a live-in basis;

incorporated health service means a health service incorporated under Part 5AA;

incorporated hospital means a hospital incorporated under this Act;

liability includes contingent liability;

medical treatment includes all medical or surgical advice, attendances, services, procedures and operations;

non-emergency ambulance service means an ambulance service other than an emergency ambulance service;

private day procedure centre means premises in respect of which a private day procedure centre licence is in force under Part

10A;

private day procedure centre licence—see section 89C;

private hospital means a hospital other than an incorporated hospital;

public sector agency has the same meaning as in the Public

Sector Act 2009;

relative—a person is a relative of another if the person is a spouse, domestic partner or parent of the other of or over 18 years of age and a brother, sister, son or daughter of the other;

relevant interest has the same meaning as in the Corporations

Law;

repealed

Act means the South

Australian Health Commission Act 1976;

restricted ambulance service licence means a licence under Part

6 Division 2 authorising the provision of non‑emergency ambulance services;

right includes a right of action;

SAAS means the SA Ambulance Service Inc;

spouse—a person is a spouse of another if they are legally married;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South

Australian Civil and Administrative Tribunal Act 2013;

vehicle includes an aircraft or a boat.

The

Governor may, for the purposes of the definition of employing authority—

designate different persons as employing authorities with respect to different classes of employees (or potential employees);

in making a designation under paragraph (a), include the Chief Executive;

from time to time as the Governor thinks fit, vary or revoke a proclamation, or make a new proclamation for the purposes of the definition.

The objects of the Act are—

to enable the provision of an integrated health system that provides optimal health outcomes for South Australians; and

to facilitate the provision of safe, high‑quality health services that are focussed on the prevention and proper management of disease, illness and injury and to facilitate efficiencies through the use of certain facilities for veterinary science; and

to facilitate a scheme for health services to meet recognised standards; and

to facilitate the efficient and effective governance and oversight of incorporated hospitals and incorporated health services through the establishment of governing boards.

The following principles are to be applied in connection with the operation and administration of this Act:

the protection of the public and the interests of people in need of care related to their health should be the highest priorities in the provision of health services;

Aboriginal people and Torres Strait Islanders should be recognised as having a special heritage and the health system should, in interacting with

Aboriginal people and Torres Strait Islanders, support values that respect their historical and contemporary cultures;

the planning and provision of health services should take into account the situation and needs of people who live or work in the country or regional areas of the State, including through the support of health professionals who provide services in those areas;

support should be given to encouraging responsibility at community and individual levels for the promotion and development of healthy communities and individuals, and to ensure that people are able to make informed decisions about their health;

health services or programs should be accessible on a State‑wide or community basis;

health services should be provided as part of an integrated system—

that includes all aspects of health promotion and disease, illness and injury prevention so as to maximise community health and well‑being;

and

that supports services or programs designed to promote early intervention in detecting and responding to disease, illness or injury; and

that provides for the effective and safe management and treatment of disease, illness or injury, including through self‑management of chronic or other diseases; and

that supports improved health outcomes for communities with particular health needs; and

that is inclusive of primary health care networks, Aboriginal and Torres

Strait Islander health services and public health services provided in local government, aged care and disability sectors; and

that promotes a whole of Government approach to advance and improve health status within the community; and

that seeks to reduce in‑patient hospitalisation and dependence on emergency and out‑patient services within hospitals; and

that promotes the efficient and economic provision of services; and

that achieves an effective balance between local decision-making in relation to incorporated hospitals and health system planning, integration and management;

health services should meet the highest levels of quality and safety;

service providers should seek to engage with the community in the planning and provision of health services, including through the encouragement or involvement of volunteers;

recognition should be given to the fact that there is a significant public benefit in having a single emergency ambulance service that provides an efficient use of assets, a highly-responsive service, and high levels of integration with other health services provided within the public health system.

The

Minister considers appropriate):

to ascertain the requirements of the community, or sections of the community, in the field of health and health services and to determine how those requirements should be met to the best advantage of the community;

to plan, implement or support the provision of a system of health services that is comprehensive, co‑ordinated and readily accessible to the public;

to establish health services within the community;

to act to ensure that hospitals established under this Act, or that hospitals or other health services established, maintained or operated by or with the assistance of the Government of the State, are operated in an efficient and economical manner;

to ensure the proper allocation of resources across health services established under this Act;

to ensure that emergency ambulance services are provided in an efficient and effective manner through SAAS;

to promote or support—

research in the field of health and health services, including through the provision of facilities or other forms of support to a university or other institution, authority or person considered to be appropriate by the Minister; and

the collection of data, statistics and other information in relation to health and health services; and

the provision of education, instruction or training in professional or other fields associated with health and the provision of health services;

to promote and encourage the participation of volunteers in the provision of health services;

to disseminate information and knowledge for the benefit of the health of the public;

to establish mechanisms to keep the policies and standards of health and health services developed by the Department under evaluation and review;

to promote a positive relationship between the public, private and other health sectors;

to provide and maintain such services or facilities as another Minister may request in connection with the field of veterinary science;

such other functions assigned to the Minister by or under this or any other Act, or considered by the Minister to be relevant to the operation of this or any other relevant Act.

The

Minister has the power to do anything necessary, expedient or incidental to—

performing the functions of the Minister under this Act; or

administering this Act; or

furthering the objects of this Act.

The

Minister cannot give a direction concerning the clinical treatment of a particular person.

The

Chief Executive's functions in connection with the operation of this

Act include the following:

to assist the Minister in connection with the administration of this

Act and to exercise statutory powers conferred by this Act;

to assist and advise the Minister in relation to—

the provision of health services within the State; and

the protection or promotion of public health within the State;

to assist and advise the Minister in the development and implementation of planning for the health system statewide;

to provide strategic leadership and direction for the provision of public health services in the State;

to promote the effective and efficient use of available resources in the provision of public health services in the State;

to engage with consumer representatives and other interested parties in the development of health care policy, planning and service delivery;

to contribute to and implement statewide service plans that apply to incorporated hospitals, incorporated health services and SAAS;

to undertake workforce planning for the health system statewide;

to ensure that a highly trained workforce is valued within the health system;

to oversee, monitor and promote improvements in the safety and quality of health services provided by incorporated hospitals, incorporated health services and SAAS;

to develop and issue policies and directives to apply to the

Department, incorporated hospitals, incorporated health services and

SAAS;

to develop and issue policies on workforce harassment and bullying;

to monitor the performance of incorporated hospitals, incorporated health services and SAAS, and to take remedial action if agreed performance measures and operational targets are not met;

to receive and evaluate performance data and other data provided by incorporated hospitals, incorporated health services and SAAS;

at the request of the Minister, to provide advice on any other matter in relation to which the Minister considers that the advice of the

Chief Executive should be available;

to facilitate the provision of laboratory, research or other similar facilities, including on account of a request by a Minister under section 6(1)(ka);

such other functions assigned to the Chief Executive by or under this or any other Act, or assigned to the Chief Executive by the Minister in connection with the operation of this or any other Act.

The

Chief Executive may issue policies and directives that are to be complied with by the Department, incorporated hospitals, incorporated health services and SAAS.

The

Chief Executive has the power to do anything necessary, expedient or incidental to performing the functions of the Chief Executive.

Subject to this Act, the Chief Executive is, in the performance and exercise of the Chief Executive's functions and powers, subject to the control and direction of the Minister.

The

Chief Executive cannot give a direction concerning the clinical treatment of a particular person.

The

Minister may delegate a function or power conferred on the Minister under this Act—

to a specified person or body; or

to a person occupying or acting in a specified office or position.

The

Chief Executive may delegate a function or power conferred on the

Chief Executive under this Act—

to a specified person or body; or

to a person occupying or acting in a specified office or position.

A delegation—

may be made subject to conditions or limitations specified in the instrument of delegation; and

if the instrument of delegation so provides, may be further delegated by the delegate; and

is revocable at will and does not prevent the delegator from acting personally in a matter.

The

Health

Performance Council (HPC) is established.

HPC is to consist of up to 15 persons appointed by the Governor on the recommendation of the Minister who together, in the opinion of the

Minister—

have a high level of knowledge of, and expertise in, the provision of health care or the administration of health services; and

are able to represent the diversities of South Australia's communities;

and

have such experience, skills and qualifications to enable HPC to carry out its functions effectively.

The

Minister must consult with prescribed bodies, in accordance with the regulations, before making a recommendation under subsection (2).

The

Minister must ensure, as far as practicable, that the persons appointed under subsection (2) consist of equal numbers of women and men.

An act or proceeding of HPC is not invalid by reason only of a vacancy in its membership or a defect or irregularity in, or in connection with, the appointment of a member.

Schedule

1 has effect with respect to HPC.

The functions of HPC are—

to provide advice to the Minister about—

the operation of the health system; and

health outcomes for South Australians and, as appropriate, for particular population groups; and

the effectiveness of methods used within the health system to engage communities and individuals in improving their health outcomes; and

to provide reports to the Minister in accordance with the requirements of this Act; and

to provide advice to the Minister about any matter referred to it by the Minister or any matter it sees fit to advise the Minister about in connection with its responsibilities under this Act; and

such other functions assigned to HPC under this or any other Act, or assigned to HPC by the Minister.

HPC should, in the performance of its functions, seek to obtain, to such extent as is reasonable and relevant in the circumstances, the views of—

Health

Advisory Councils; and

governing boards of incorporated hospitals; and

governing boards of incorporated health services; and

advisory committees established by the Minister to assist HPC in the performance of its functions.

HPC must, in the performance of its functions, take into account the strategic objectives that have been set or adopted within the

Government's health portfolios.

Without limiting subsection (3),

HPC must, in providing any advice with respect to the provision of any health services (including proposed services), take into account—

the net benefit provided by the services, the cost effectiveness of services, and available resources; and

the net impact that the adoption of the advice would have on other services, or on the community more generally; and

the value placed on any relevant services by members of the public who use those services.

The

Minister must establish arrangements to meet with HPC on a regular basis.

HPC cannot, in the performance of its functions, give directions to the

Chief Executive, the Department, the governing board for an incorporated hospital or an incorporated health service, a hospital or a HAC.

HPC may request the Chief Executive to provide it with specified information in order to assist it in the performance of its functions.

The

Chief Executive may impose conditions that HPC must observe in relation to the receipt, use or disclosure of information provided under subsection (7).

HPC must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of HPC during that financial year.

The

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

HPC must, on a 4‑yearly basis, furnish to the Minister a report that assesses the health of South Australians and changes in health outcomes over the reporting period.

The report must—

identify significant trends in the health status of South Australians and consider future priorities for the health system having regard to trends in health outcomes, including trends that relate to particular illnesses or population groups; and

review the performance of the various health systems established within the

State in achieving the objects of this Act; and

identify any other significant issues considered relevant by HPC; and

conform with any requirements of the Minister as to the form of the report and other matters to be addressed by the report.

The

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

The

Minister must, within 6 months after receipt of a report under this section, cause a formal response to the report to be laid before both Houses of Parliament.

The first report under this section must be completed by a day to be fixed by the regulations.