Health Care Act 2008

An incorporated hospital is a body corporate with perpetual succession and a common seal and, subject to any determination of the Minister—

is capable of holding, acquiring, dealing with, and disposing of, real and personal property (including the power to enter into a lease);

is capable of acquiring or incurring other assets, rights or liabilities; and

is capable of entering into contracts; and

is capable of suing and being sued; and

is able to promote the formation of a company under the Corporations

is capable of administering any property on trust or accepting gifts (and, if any gift is affected by a trust, is empowered to carry out the terms of the trust); and

has the functions, rights, powers, authorities, duties and obligations conferred, imposed or prescribed under this or any other Act (and including such powers necessary or expedient for, or incidental to, the performance of any function).

Without limiting subsection (1), an incorporated hospital may undertake the following functions:

to undertake or facilitate—

the commercial exploitation of knowledge arising from its activities; or

the commercial development of its services, functions or expertise;

to produce and sell instruments or other equipment for use in—

the provision of medical services, including medical diagnostic services; or

the teaching of medical science; or

scientific research;

to provide consultancy services;

to provide and maintain a drug and alcohol testing service for such persons as the hospital thinks fit;

to conduct a testing service for the purpose of determining parentage or other human genetic relationships;

to provide and maintain such services or facilities as a Minister may require in relation to—

veterinary laboratory services, or services to veterinarians in private practice, or other veterinary services provided by a public sector agency; or

research in the field of veterinary science;

to conduct such other activities considered appropriate by the Minister that can be efficiently or effectively managed through the use of hospital facilities and resources.

An incorporated hospital may hold a licence or any other form of authority or accreditation (including a licence, authority or accreditation issued under a law of the Commonwealth or of another

An incorporated hospital is an instrumentality of the Crown.

Subject to subsection (5), an incorporated hospital holds its property on behalf of the Crown.

Subsection (4) does not apply to the extent that an incorporated hospital holds any property on trust.

Without limiting subsection (5), in the event of an inconsistency between the operation or effect of a provision under this Part and the duties or responsibilities of an incorporated hospital as a trustee, the provisions of this Part will not apply in a particular case to the extent of the inconsistency.

Without limiting any other provision, an incorporated hospital may establish any fund (including a gift fund) or account.

An incorporated hospital may exercise its powers within or outside the

An incorporated hospital may not exercise its power under subsection (1)(e) without the approval of the Governor.