General powers
36 General powers
In this section —
acquire includes taking on lease or licence or in any other manner in which an interest in property may be acquired;
business arrangement means a company, a partnership, a trust, a joint venture or an arrangement or agreement for sharing profits;
dispose of includes disposing of by way of a lease or licence or in any other manner in which an interest in property may be disposed of;
participate in a business arrangement includes form, promote, establish, enter into, manage, dissolve, wind‑up and do anything incidental to the business arrangement.
Subject to sections 37 and 38 and any relevant policy framework, a health service provider has all the powers it needs to perform its functions.
Subject to sections 37 and 38 and any relevant policy framework, a health service provider may, for the purpose of performing any of its functions —
acquire, hold, manage, improve, develop or dispose of and otherwise deal in property;
enter into a contract or other arrangement, including a contract or arrangement for the provision of services to the health service provider;
participate in any business arrangement and acquire, hold and dispose of, shares, units, or other interests in, or relating to a business arrangement;
produce and publish information on matters relating to its functions, including results for research and development undertaken by the health service provider, alone or collaboratively;
produce and deal in any equipment, facilities or system associated with the performance of its functions;
develop and turn to account any technology, software or other intellectual property that relates to its functions and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights;
sell advertising opportunities and enter into arrangements for sponsorship;
use its expertise and resources to provide consultancy, advisory or other services for profit.
Subsection (3) does not limit subsection (2) or any of the health service provider’s other powers.
Subject to sections 37 and 38 and any relevant policy framework, the health service provider may —
make any gift or act of grace payment —
for a charitable purpose or any other purpose of benefit to the community or a section of the community; or
that it considers to be in the health service provider’s interest;
or
[(b) deleted]
accept any gift, bequest or other payment if it is absolute, or subject to conditions that the health service provider would be able to satisfy.
[Section 36 amended: No. 1 of 2023 s. 19.]
This Act’s bill:Explanatory memorandumSecond reading speech
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