HOSPITALS AND HEALTH SERVICES

COMMISSION (REPEAL) ACT 1978

No. 91 of 1978

An Act to repeal the Hospitals and Health Services Commission Act 1973, and for related purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Hospitals and Health Services Commission (Repeal) Act 1978.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Repeal

3. The Hospitals and Health Services Commission Act 1973 is repealed.

Interpretation

4. In this Act, unless the contrary intention appears—

“commencing day” means the day on which this Act comes into operation;

“Commission” and “Commissioner” have the same respective meanings as they had for the purposes of the repealed Act immediately before the commencing day;

“health services” has the same meaning as it had for the purposes of the repealed Act immediately before the commencing day;

“repealed Act” means the Hospitals and Health Services Commission Act 1973.

Transfer of assets, liabilities, &c.

5. On the commencing day—

(a) any rights, property or assets that immediately before that day were vested in the Commission are, by force of this section, vested in the Commonwealth; and

(b) the Commonwealth becomes, by force of this section, liable to pay and discharge any debts, liabilities or obligations of the Commission that existed immediately before that day.

Conditions of grants under repealed Act

6. (1) Where, immediately before the commencing day, a grant under the repealed Act is subject to conditions determined by the Commission—

(a) those conditions continue to apply, on and after the commencing day, to that grant;

(b) a reference in those conditions to the Commission shall, on and after the commencing day, be read as a reference to the Minister; and

(c) a reference in those conditions to the Principal Executive Officer of the Commission shall, on and after the commencing day, be read as a reference to a person authorized by the Minister.

(2) If the Minister notifies an organization to which a grant has been made under the repealed Act that he is satisfied that the organization or a grantee has failed to fulfil a condition to which the grant is subject, the organization becomes, by force of this sub-section, liable to repay the amount of the grant, or such part of that amount as the Minister specifies, to the Commonwealth.

(3) Paragraph (1)(b) does not apply in relation to a condition to the effect that a publication of results achieved from research carried out with the assistance of a grant under the repealed Act should state that that research had been supported by a grant from the Commission.

Engagements, arrangements and contracts

7. An engagement, arrangement or contract entered into by the Commission and in force immediately before the commencing day is not affected by the repeal of the Hospitals and Health Services Commission Act 1973, but that engagement, arrangement or contract has effect, on and after the commencing day, as if any reference in the engagement, arrangement or contract to—

(a) the Commission;

(b) the Chairman of the Commission; or

were (except in relation to matters that occurred before that day) a reference to the Minister or to a person authorized by the Minister.

Disposal of documents in possession of Commissioner, &c.

8. Where a document was, immediately before the commencing day, in the possession or custody of—

(a) a Commissioner;

(b) a member of a Committee appointed under section 20 of the repealed Act; or

by reason of his office or employment under or for the purposes of the repealed Act (including a document drawn up by, or under the instructions of, the Commissioner or member), the Minister or a person authorized by the Minister may, by writing signed by him, give directions as to the disposal of the document.

Secrecy

9. (1) This section applies to—

(a) every person who has been a Commissioner, a member of a Committee appointed under section 20 of the repealed Act or a member of the staff of the Commission; and

(b) a person who is, or has been, an officer of the Australian Public Service.

(2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly—

(a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by the first-mentioned person by reason of his office or employment under or for the purposes of the repealed Act or by virtue of the operation of this Act; or

(b) produce to any person a document relating to the affairs of another person furnished for the purposes of the repealed Act or under an engagement, arrangement or contract referred to in section 7 of this Act.

Penalty: $1,000 or imprisonment for 3 months.

(3) Sub-section (2) does not apply in relation to—

(a) any act or thing done for purposes connected with the operation of this Act; or

(b) any act or thing done in the performance of the duties of a person as an officer of the Australian Public Service.

(4) The Minister may, by writing signed by him, authorize the doing by a person of an act or thing that, but for the authorization, would be a contravention of sub-section (2) if the Minister is satisfied that the doing of the act or thing is—

(a) necessary for the promotion of, or proper planning in relation to, health services;

(b) necessary for the proper performance of a function in relation to health care; or

(5) A person to whom this section applies shall not be required—

(a) to produce in a court any document relating to the affairs of another person of which he has the possession or custody by reason of his office or employment under or for the purposes of the repealed Act or of which he has the possession or custody, or to which he has access, by virtue of the operation of this Act; or

(b) to divulge or communicate to a court any information concerning the affairs of another person obtained by him by reason of his office or employment under or for the purposes of the repealed Act or by virtue of the operation of this Act.

(6) In this section—

“court” includes any tribunal, authority or person having power to require the production of documents or the answering of questions;

“produce” includes permit access to and “production” has a corresponding meaning.

Exemption from taxation

10. An instrument or document that a person authorized by the Minister for the purpose certifies to have been made, executed or given by reason of, or for a purpose connected with or arising out of, the operation of this Act is not liable to stamp duty or other tax under a law of the Commonwealth or of a State or Territory.

Pending proceedings

11. Where, immediately before the commencing day, proceedings to which the Commission was a party were pending in any court, the Commonwealth is, by force of this section, substituted for the Commission as a party to the proceedings.