SCHEDULE 6 - Transitional and Savings Provisions

Section 81

1.    Interpretation of this Schedule

In this Schedule –

commencement day means the day on which section 6 commences;

transferring employee means a person who, immediately before the commencement day, was a State Service employee, or State Service officer, appointed or employed for the purposes of the department responsible for the administration of the Health Act 1997 .

2.    Interim chairperson

(1) If, by 31 March 2012, section 6 has not commenced, the responsible Ministers, by instrument in writing, may appoint a person to be the interim chairperson for a Tasmanian Health Organisation.

(2) A person may be appointed to be the interim chairperson for more than one Tasmanian Health Organisation.

(3) The interim chairperson for a Tasmanian Health Organisation is entitled to be paid the remuneration and allowances that the responsible Ministers determine and specify in the interim chairperson's instrument of appointment.

(4) The interim chairperson for a Tasmanian Health Organisation who is a State Service officer or State Service employee is not entitled to remuneration or allowances under this clause except with the approval of the Minister administering the State Service Act 2000 .

(5) The interim chairperson for a Tasmanian Health Organisation holds office on the conditions specified in his or her instrument of appointment.

(6) The interim chairperson for a Tasmanian Health Organisation may, before 30 June 2012 –

(a) negotiate, and agree to, under section 44 , the service agreement for the Tasmanian Health Organisation for the following financial year; and

(b) provide to the responsible Ministers under section 46 a draft corporate plan for the Tasmanian Health Organisation or an amendment to such a plan under section 47 ; and

(c) produce under section 50 an annual business plan for the Tasmanian Health Organisation for the following financial year –

as if the Tasmanian Health Organisation had been established before the commencement day and as if he or she were the governing council of the organisation.

(7) A person who has been appointed to be the interim chairperson for a Tasmanian Health Organisation ceases to hold that office –

(a) if the person dies or resigns from that office; or

(b) if the Minister terminates the appointment of the person to that office; or

(c) when section 6 commences –

whichever occurs first.

3.    Minister may transfer employees to another Agency

(1) The Minister, by notice published in the Gazette , may specify that, on and after the commencement day or a later day specified in the notice –

(a) a particular transferring employee who is specified in the notice; or

(b) a transferring employee who is a member of a class that is specified in the notice –

is to be taken to have been appointed under the State Service Act 2000 for the purposes of the Tasmanian Health Organisation specified in the notice.

(2) The Minister, by notice published in the Gazette , may provide for any matters that are incidental to the transfer of employment of transferring employees to a Tasmanian Health Organisation.

(3) A person who is specified in, or a member of a class specified in, a notice under subclause (1) to be taken to have been appointed under the State Service Act 2000 for the purposes of a Tasmanian Health Organisation, is to be taken, on and after the commencement day or the later day, as specified in the notice, to have been appointed under the State Service Act 2000 for those purposes.

(4) Nothing in subclause (3) is to be taken to prevent the transfer or termination of the appointment or employment of a person, to whom that subclause applies, under the State Service Act 2000 .

(5) A notice for the purposes of subclause (1) may be combined with any other notice under this Schedule.

4.    Property

(1) The Minister, by notice published in the Gazette , may –

(a) transfer, to a Tasmanian Health Organisation specified in the notice, on the day specified in the notice as the day on which the transfer is to occur, any property or right vested in the Crown and any liability of the Crown or obligation of the Crown, whether actual, prospective or contingent; and

(b) provide for any matters that are incidental to the transfer of any such property, right, liability or obligation.

(2) On the day specified in the notice under subclause (1)  –

(a) property specified in that notice vests in the Tasmanian Health Organisation specified in the notice in accordance with the transfer specified in the notice; and

(b) a right specified in that notice becomes a right of the Tasmanian Health Organisation specified in the notice in accordance with the transfer specified in the notice; and

(c) liabilities specified in that notice become the liabilities of the Tasmanian Health Organisation specified in the notice in accordance with the transfer specified in the notice; and

(d) an obligation specified in that notice becomes an obligation of the Tasmanian Health Organisation specified in the notice in accordance with the transfer specified in the notice.

(3) A notice for the purposes of subclause (1) may be combined with any other notice under this Schedule.

5.    Legal matters

(1) In this clause –

transfer notice means a notice under clause 4 .

(2) On and after the day, specified in a transfer notice, on which transferred property vests in, or transferred liabilities become the liabilities of, a Tasmanian Health Organisation, unless otherwise specified in a transfer notice, a legal proceeding that –

(a) had been instituted by or against the Crown and was pending immediately before that day; and

(b) relates to that transferred property or transferred liability –

may be continued by or against the Crown.

(3) On and after the day, specified in a transfer notice, on which transferred property vests in, or transferred liabilities become the liabilities of, a Tasmanian Health Organisation, a legal proceeding that –

(a) had been instituted by or against the Crown and was pending immediately before that day; and

(b) relates to that transferred property or transferred liability –

may be continued by or against the organisation if a transfer notice specifies that that legal proceeding is, or legal proceedings of a class which includes that legal proceeding are, to be continued by or against the organisation.

(4) On and after the day, specified in a transfer notice, on which transferred property vests in, or transferred liabilities become the liabilities of, a Tasmanian Health Organisation, unless otherwise specified in a transfer notice, a legal proceeding that –

(a) could have been instituted by or against the Crown to enforce a right that had accrued, and was in existence, immediately before that day; and

(b) relates to that transferred property or transferred liability –

may be continued by or against the Crown.

(5) On and after the day, specified in a transfer notice, on which transferred property vests in, or transferred liabilities become the liabilities of, a Tasmanian Health Organisation, a legal proceeding that –

(a) could have been instituted by or against the Crown to enforce a right that had accrued, and was in existence, immediately before that day; and

(b) relates to that transferred property or transferred liability –

may be instituted by or against the organisation if a transfer notice specifies that that legal proceeding is, or legal proceedings of a class which includes that legal proceeding are, to be continued by or against the organisation.

(6) On and after the day, specified in a transfer notice, on which transferred property vests in, or transferred liabilities become the liabilities of, a Tasmanian Health Organisation, unless otherwise specified in a transfer notice, a judgment or order of a court obtained by or against the Crown before that day in relation to that transferred property or transferred liability may be enforced by or against the Crown.

(7) On and after the day, specified in a transfer notice, on which transferred property vests in, or transferred liabilities become the liabilities of, a Tasmanian Health Organisation, a judgment or order of a court obtained by or against the Crown before that day in relation to that transferred property or transferred liability may be enforced by or against the organisation, if a transfer notice specifies that that judgment or order is, or judgments or orders of a court of a class which includes that judgment or order are, to be enforced by or against the organisation.