Health Services Act 2016

In this section —

A health service provider must have a common seal.

A document is duly executed by a board governed provider that is not an administered provider if —

the common seal of the provider is affixed to it in accordance with subsections (4) and (5); or

it is signed on behalf of the provider by a person or persons authorised to do so under subsection (7).

A document is duly executed by a chief executive governed provider if —

the common seal of the provider is affixed to it in accordance with subsections (4) and (6); or

it is signed on behalf of the provider by a person or persons authorised to do so under subsection (8).

A document is duly executed by an administered provider if —

the common seal of the provider is affixed to it in accordance with subsections (4) and (6A); or

it is signed on behalf of the provider by a person or persons authorised to do so under subsection (8B).

The common seal of a health service provider must not be affixed to any document except as authorised by the health service provider.

The common seal of a board governed provider must be affixed to a document in the presence of the chairperson of the board and another member of the board, or the chairperson and a person employed in the provider, and each of them must sign the document to attest that the common seal was so affixed.

The common seal of a chief executive governed provider must be affixed to a document in the presence of the chief executive, and the chief executive must sign the document to attest that the common seal was so affixed.

The common seal of an administered provider must be affixed to a document in the presence of the administrator, and the administrator must sign the document to attest that the common seal was so affixed.

A board governed provider may, by writing under its common seal, authorise a member or members of its board or an employee or employees in the provider or another health service provider to execute deeds or other documents on its behalf, either generally or subject to such conditions or restrictions specified in the authorisation.

A chief executive governed provider may, by writing under its common seal, authorise an employee or employees in the provider or another health service provider to execute deeds or other documents on its behalf, either generally or subject to such conditions or restrictions specified in the authorisation.

A person authorised under subsection (7) ceases to be authorised if the board governed provider that authorised the person becomes an administered provider.

An administered provider may, by writing under its common seal, authorise an employee or employees in the provider or another health service provider to execute deeds or other documents on its behalf, either generally or subject to such conditions or restrictions specified in the authorisation.

A document purporting to be executed in accordance with this section is to be presumed to be duly executed unless the contrary is shown.

A document executed by a person under this section without the common seal of the health service provider is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (7), (8) or (8B).

When a document is produced bearing a seal purporting to be the common seal of a health service provider, it must be presumed that the seal is the common seal of the health service provider unless the contrary is shown.

For the purposes of this Act, a facsimile of any of the following may be used —

a health service provider’s common seal;

the signature of a member of a health service provider;

the signature of a person authorised under subsection (7), (8) or (8B) to execute deeds or other documents.

A deed or document purporting to be endorsed with a facsimile mentioned in subsection (12) must be regarded as bearing the facsimile under that subsection unless the contrary is shown.