Health Care Act 2008

An incorporated health service 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 health service 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 health service 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 veterinary surgeons in private practice, or other veterinary services provided by a public sector agency within the meaning of the Public

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 the incorporated health service's facilities and resources.

An incorporated health service 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 health service is an instrumentality of the Crown.

Subject to subsection (6), an incorporated health service holds its property on behalf of the

Subsection (5) does not apply to the extent that an incorporated health service holds any property on trust.

Without limiting subsection (6), 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 health service as a trustee, the provisions of this

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

An incorporated health service may exercise its powers within or outside the State.

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