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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Health Care (Country Health) Amendment
Bill 2008
A BILL FOR
An Act to amend the Health Care Act 2008.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Health Care
Act 2008
3 Insertion of Part 5 Division 5A
Division 5A—Special provisions relating to services delivered in the
country
40A Interpretation
40B Closure
of a country hospital site
40C Reduction in emergency
services
40D Annual report on steps to expand
services
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Health Care (Country Health) Amendment
Act 2008.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Health Care
Act 2008
3—Insertion of
Part 5 Division 5A
After section 40 insert:
Division 5A—Special provisions relating to services
delivered in the country
40A—Interpretation
In this Division—
country area of the State means an area of the State outside
Metropolitan Adelaide;
country hospital means the undertaking of an incorporated
hospital undertaken at a site in a country area of the State;
Metropolitan Adelaide means Metropolitan Adelaide within the
meaning of the Development Act 1993.
40B—Closure of a country hospital
site
(1) A country hospital cannot be closed except in accordance with the
following provisions of this section.
(2) The Minister must first give notice of a proposal to close a country
hospital —
(a) by publishing a notice—
(i) in a newspaper circulating generally throughout the State;
and
(ii) in a newspaper circulating in the area where the country hospital is
situated; and
(b) by giving notice, in accordance with the regulations,
to—
(i) persons who provide health services at the country hospital, whether
as employees, contractors, consultants or visiting health professionals;
and
(ii) persons who are receiving ongoing or regular health services provided
at or by the country hospital; and
(iii) local community bodies, organisations or groups that the Minister
assesses as having a reasonable level of connection with the country
hospital.
(3) The notice must set out or include—
(a) a statement indicating that it is proposed to close the country
hospital; and
(b) the grounds for the proposed closure; and
(c) information relating to—
(i) where replacement or ongoing health services will be provided to the
local community; and
(ii) the likely effect that the closure of the country hospital will have
on the local community; and
(d) an invitation for interested persons or bodies to make representations
in writing to the Minister in relation to the proposed closure within a period
(of at least 28 days) specified by the Minister.
(4) The Minister must also, within the period specified under
subsection (3)(d), cause a public meeting to be held in the local area in
relation to the matter.
(5) The Minister must consider any representations received by the
Minister within the period specified under subsection (3)(d) or made at the
meeting under subsection (4).
(6) The Minister must then prepare a report on the proposal and ensure
that the report includes responses to the representations considered under
subsection (5).
(7) The Minister must cause a copy of the report to be laid before both
Houses of Parliament.
(8) If it is still proposed that the country hospital be closed, the
closure cannot occur without the approval of both Houses of
Parliament.
(9) This section does not apply to the temporary closure of a country
hospital in an emergency, for health or safety reasons, or for the purposes of
carrying out building work.
40C—Reduction in emergency
services
(1) Emergency services provided at a country hospital cannot be
discontinued or reduced to a significant degree except in accordance with the
following provisions of this section.
(2) The Minister must first give notice of the proposed discontinuance or
reduction—
(a) by publishing a notice—
(i) in a newspaper circulating generally throughout the State;
and
(ii) in a newspaper circulating in the area where the country hospital is
situated; and
(b) by giving notice, in accordance with the regulations, to persons who
provide health services at the country hospital, whether as employees,
contractors, consultants or visiting health professionals.
(3) The notice must set out or include—
(a) a statement indicating that it is proposed to discontinue or reduce
emergency services provided at the country hospital; and
(b) the grounds for the proposed course of action; and
(c) information as to where and how emergency services will continue to be
provided to the local community; and
(d) an invitation for interested persons or bodies to make representations
in writing to the Minister in relation to the proposed course of action within a
period (of at least 28 days) specified by the Minister.
(4) The Minister must consider any representations received under
subsection (3)(d) or otherwise received by the Minister in relation to the
matter.
(5) The Minister must then prepare a report on the proposal and ensure
that the report includes responses to the representations considered under
subsection (4).
(6) The Minister must then cause a copy of the report to be laid before
both Houses of Parliament.
(7) If it is still proposed that emergency services at the country
hospital be discontinued or reduced, that course of action cannot occur unless
the Minister has prepared a statement in relation to the matter and caused that
statement to be laid before both Houses of Parliament.
(8) This section does not apply—
(a) in a case that is also within the ambit of section 40B;
or
(b) to the temporary discontinuance or reduction of emergency services in
an emergency, for health or safety reasons, or for the purposes of carrying out
building work.
40D—Annual report on steps to expand
services
(1) The Minister must, within 2 months after the end of each financial
year, cause a report to be prepared that sets out, in relation to that financial
year—
(a) a statement of the amounts spent on expanding health services
delivered to the country areas of the State, and an assessment of the
effectiveness of that expenditure in providing improved health outcomes for
communities within those areas; and
(b) information about the steps taken to support health professionals who
provide services in the country areas of the State, and to attract health
professionals to those areas; and
(c) information about the number of health professionals who are estimated
to work (in some capacity) in the country areas of the State, as at the end of
the financial year (expressed as a number of Full Time
Equivalents).
(2) The Minister must cause a copy of the report to be laid before both
Houses of Parliament.