Joint arrangements
36A Joint arrangements
A health service provider may enter into a joint arrangement with the Minister or Ministerial Body in relation to health property.
If a health service provider enters into a joint arrangement in relation to health property, the health service provider may deal with the property the subject of the joint arrangement, including by entering into leases, subleases, or licences in relation to the property, on behalf of —
if the health property is a health reserve — the management body of the health reserve; or
in any other case — the Minister or Ministerial body in which the health property is vested or held.
A health service provider dealing with health property under subsection (2) is not valid if it is inconsistent with —
the joint arrangement; or
any written law that relates to or affects how the property may be dealt with; or
if the health property is a lease — the lease; or
if the health property is a health reserve —
the Land Administration Act 1997; or
the management order in relation to the reserve, or a condition imposed by the order.
Example for paragraph (d)(ii):
If the management order does not empower the management body to enter into a lease, the health service provider cannot enter into a lease in relation to the health reserve.
A valid dealing with health property by a health service provider in accordance with the joint arrangement is —
taken to be done by the Minister or Ministerial body that entered into the joint arrangement with the health service provider; and
binding on the Minister or Ministerial body and the health service provider the subject of the joint arrangement.
[Section 36A inserted: No. 1 of 2023 s. 20.]
This Act’s bill:Explanatory memorandumSecond reading speech
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