Health Services Act 2016

To facilitate the statutory transition, the Minister may, by order published in the Gazette (a transfer order), specify all or any of the following —

assets and liabilities of a hospital board that are to be assigned to a health service provider by operation of section 237;

proceedings in which the Ministerial Body is to be substituted for a hospital board as a party by operation of section 237;

agreements and instruments that, by operation of section 237, are to have effect as if references to the Ministerial Body were substituted, in accordance with the order, for references in the agreements and instruments to a hospital board.

A transfer order may also deal with any matter that is incidental or supplementary to a matter to which subsection (1) relates and the transfer order has effect accordingly.

A transfer order may specify things by reference to one or more schedules that —

need not be published in the Gazette; but

must be available for public inspection.

Anything specified in a schedule for a transfer order is to be taken to be specified in the transfer order.

A thing may be specified in a transfer order by describing the class to which it belongs.

Before a transfer order 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 for a 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 thing done by, under or for the purposes of this Part is not invalid merely because subsection (6) or (7) was not complied with.

The fact that a previous transfer order has been made does not prevent a further transfer order from being made.

The Minister may, by order published in the Gazette, amend a transfer order or a schedule for a transfer order.

A transfer order, or an amendment to a transfer order or to a schedule for a transfer order, can only be made before transition day.