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HOSPITAL FOUNDATIONS ACT 2018


- As at 1 February 2024 
- Act 5 of 2018 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Main purpose of Act
   4.      How main purpose is primarily achieved
   5.      Act binds all persons
   6.      Definitions

   PART 2 - FOUNDATIONS GENERALLY

           Division 1 - Objects

   7.      Objects for which foundation may hold and manage property

           Division 2 - Establishment

   8.      Applying for establishment of foundation
   9.      Requirements for application
   10.     Minister may ask for additional information or documents
   11.     Deciding application
   12.     Establishment of foundations
   13.     Legal status of foundations

           Division 3 - Functions and powers

   14.     Functions
   15.     Performance of functions
   16.     Powers
   17.     Particular powers

           Division 4 - Administration

   18.     Employment of staff
   19.     Alternative staffing arrangements
   20.     Use of Hospital and Health Service premises
   21.     Authentication of documents
   22.     Change of registered objects

           Division 5 - Application of particular Acts

   23.     Foundation is statutory body
   24.     Application of Crime and Corruption Act 2001
   25.     Application of Collections Act 1966
   26.     Application of Property Law Act 1974, pt 14

   PART 3 - BOARDS

           Division 1 - Establishment, functions, powers and membership of boards

   27.     Establishment
   28.     Functions
   29.     Powers of board
   30.     Membership
   31.     Chairperson and deputy chairperson
   32.     Term of appointment
   33.     Disqualification from becoming member
   34.     Removal from office
   35.     Vacancy in office

           Division 2 - Criminal history

   36.     Criminal history report
   37.     Changes in criminal history must be disclosed
   38.     Confidentiality of criminal history information

           Division 3 - Business and meetings

   39.     Conduct of business
   40.     Presiding at meetings
   41.     Quorum at meetings
   42.     Conduct of meetings
   43.     Minutes
   44.     Validity of decisions

           Division 4 - Other provisions about boards and members

   45.     Disclosure of interests at board meeting
   46.     Member to act in foundation’s interest

   PART 4 - OVERSIGHT OF FOUNDATIONS AND BOARDS

           Division 1 - Interaction between Minister and foundations

   47.     Board must notify Minister about particular matters
   48.     Minister may require information or documents

           Division 2 - Administrators

   49.     Removal of all board members
   50.     Appointment of administrator
   51.     Term and role of administrator

   PART 5 - FINANCIAL PROVISIONS

           Division 1 - Preliminary

   52.     Definitions for part

           Division 2 - Special financial arrangements

   53.     Foundation may enter into special financial arrangement

           Division 3 - Derivative transactions

   54.     Derivative transactions permitted only for certain foundations
   55.     Requirement to report to Minister about derivative transactions

           Division 4 - Minister’s approval for special financial arrangements or derivative transactions

              Subdivision 1 - General approvals

   56.     Approval may be general in nature

              Subdivision 2 - Specific approvals

   57.     Application for approval
   58.     Minister may ask for information or documents
   59.     Deciding application
   60.     Minister may give approval for other foundations
   61.     Minister may amend or repeal approval
   62.     Register about approvals

           Division 5 - Offence

   63.     False or misleading documents

           Division 6 - Miscellaneous

   64.     Management of foundation’s funds by funds manager
   65.     Money borrowed other than under Statutory Bodies Financial Arrangements Act 1982
   66.     Disposal of particular property

   PART 6 - LEGAL PROCEEDINGS

   67.     Application of part
   68.     Proceedings for offences
   69.     Appointments and authority
   70.     Signatures
   71.     Other evidentiary aids

   PART 7 - ENDING FOUNDATIONS

   72.     Removal from register
   73.     Dissolution
   74.     Status of particular property on dissolution of foundation
   75.     Property held on trust on dissolution of foundation
   76.     Distribution of surplus property
   77.     Effect of dissolution on offices

   PART 8 - MISCELLANEOUS

   78.     Amalgamation of foundations
   79.     Register of foundations
   80.     Delegations
   81.     Protection of members from civil liability
   82.     Approval of forms
   83.     Regulation-making power

   PART 9 - REPEAL AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal provision

   84.     Repeal

           Division 2 - Transitional provisions

   85.     Definitions for division
   86.     Continuation of body corporate established under repealed Act as foundation
   87.     Continuation of register
   88.     Replacement of objects registered under repealed Act
   89.     Continuation of boards and members
   90.     Assets and liabilities
   91.     Property previously given
   92.     Status of particular land
           SCHEDULE 1


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