Minister may order transfer of assets, rights or liabilities
194 Minister may order transfer of assets, rights or liabilities
In this section —
associated interest, in relation to a health asset that is land, means a lease, easement, occupancy right, contract, agreement, asset, liability, licence, instrument or other right, function or obligation associated with the land;
earlier transfer order includes a transfer order under section 194 or 238 as in force before the Health Services Amendment Act 2023 section 71 comes into operation;
health asset means land or an asset, right or liability held for —
the purposes of this Act or the former Act; or
the purpose of providing a health service; or
a purpose associated with, or in relation to, the purposes of this Act, the former Act or providing a health service;
Example for paragraph (c):
Land used for accommodating staff who work on land used to provide a health service.
health entity means —
the Crown; and
the State; and
the Minister; and
the body corporate established under the Health (Miscellaneous Provisions) Act 1911; and
the Ministerial Body; and
a health service provider; and
another Minister, including a Minister to whom the administration of the former Act was committed; and
another person who holds land for or on behalf of the State.
The Minister may, by order (a section 194 transfer order) published in the Gazette —
transfer a health asset held by a health entity to the State, the Ministerial Body or a health service provider; or
transfer an associated interest in relation to a health asset that is land held by a health entity to the State, the Ministerial Body or a health service provider.
A section 194 transfer order may specify things by reference to 1 or more schedules that —
need not be published in the Gazette; but
must be available for public inspection.
Anything specified in a schedule to a section 194 transfer order is taken to be specified in the order.
A thing may be specified in a section 194 transfer order by describing the class to which it belongs.
A section 194 transfer order takes effect on a day stated in the order.
Before a section 194 transfer order relating to a health asset that is land or an associated interest in relation to a health asset that is land is made specifying anything by reference to a schedule, the Minister must consult with each relevant lands official about the form and content of the schedule.
To the extent to which a schedule to a section 194 transfer order relates to the functions of the Registrar of Titles, the schedule must be in a form that meets the requirements of the Registrar.
A section 194 transfer order may amend an earlier transfer order or a schedule to a section 194 transfer order, or a further section 194 transfer order may be made, to correct an error in an earlier transfer order or a schedule to a section 194 transfer order.
A reference in a written law, contract or other document to the health entity from whom a health asset or associated interest in relation to a health asset that is land is transferred under a section 194 transfer order is taken, on and after the day stated in the order, to be a reference to a person to whom the health asset or associated interest is transferred in the order.
A section 194 transfer order may contain provisions of a savings or transitional nature consequent on the making of the order.
A thing done by, under or for the purposes of this Part is not invalid merely because subsection (7) or (8) was not complied with.
[Section 194 inserted: No. 1 of 2023 s. 71.]
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