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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
No Privatisation of Hospitals and Schools Bill
2010
CONTENTS
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Policy of Act 3
5. Hospitals and Health Services Act 1927 and
School Education Act 1999 4
6. Prohibition on Privatisation of Public Hospitals 4
7. Prohibition on Privatisation of Public Hospital
Services 4
8. Prohibition on Privatisation of Public Schools 4
9. Prohibition on Privatisation of Public School
Services 4
10. Maintenance of Existing Private Hospitals and
Hospital Services 4
11. Maintenance of Existing Private Schools and
School Services 5
12. Regulations 5
13. Contracts in Contravention of this Act 5
127--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Cook, MLA)
No Privatisation of Hospitals and Schools Bill
2010
A Bill for
An Act to implement a policy that public hospitals and public schools
in Western Australia be owned and operated publicly and not by
private entities.
The Parliament of Western Australia enacts as follows:
page 1
No Privatisation of Hospitals and Schools Bill 2010
s. 1
1 1. Short title
2 This is the No Privatisation of Hospitals and Schools Act 2010.
3 2. Commencement
4 This Act comes into operation upon Royal Assent.
5 3. Terms used
6 (1) Unless the context otherwise requires, terms and expressions
7 used in this Act shall have the same meaning as they have in the
8 Hospitals and Health Services Act 1927 and the School
9 Education Act 1999.
10 (2) In this Act --
11 Privatisation of Hospitals means any arrangement whereby the
12 ownership, management, administration or employment of staff
13 of a public hospital is undertaken by a private sector entity;
14 Privatisation of Hospital Services means any arrangement
15 whereby any of the following hospital functions are undertaken
16 by a private sector entity --
17 (a) cleaning;
18 (b) catering;
19 (c) orderly services;
20 (d) sterilization services;
21 (e) patient care assistant [however named] services;
22 (f) nursing;
23 (g) general administration;
24 (h) hospital management;
25 (i) gardening;
26 (j) stores;
27 (k) security;
28 (l) linen;
page 2
No Privatisation of Hospitals and Schools Bill 2010
s. 4
1 (m) Allied Health Services;
2 (n) Mental Health Services;
3 (o) records management;
4 (p) corporate services; and
5 (q) medical imaging;
6 Privatisation of Schools means any arrangement whereby the
7 ownership, management, administration or employment of staff
8 of a public school is undertaken by a private sector entity;
9 Privatisation of School Services means any arrangement
10 whereby any of the following school functions are undertaken
11 by a private sector entity --
12 (a) cleaning;
13 (b) gardening;
14 (c) education assistants;
15 (d) teaching;
16 (e) security;
17 (f) administration;
18 (g) library services;
19 (h) information technology;
20 (i) psychological support services; and
21 (j) Dental Services.
22 4. Policy of Act
23 The legislative policies which this Act seeks to implement
24 are --
25 (a) to prohibit and preclude the Government of Western
26 Australia from privatising public hospitals and public
27 schools in whole or in part; and
28 (b) to ensure the highest standard of public health care and
29 public education in Western Australia.
page 3
No Privatisation of Hospitals and Schools Bill 2010
s. 5
1 5. Hospitals and Health Services Act 1927 and School Education
2 Act 1999
3 The Hospitals and Health Services Act 1927 and the School
4 Education Act 1999 are to be read subject to this Act, with the
5 consequence that any inconsistency between those Acts and this
6 Act is to be resolved in favour of this Act.
7 6. Prohibition on Privatisation of Public Hospitals
8 The privatisation of public hospitals is prohibited in Western
9 Australia.
10 7. Prohibition on Privatisation of Public Hospital Services
11 The privatisation of any public hospital services is prohibited in
12 Western Australia.
13 8. Prohibition on Privatisation of Public Schools
14 The privatisation of public schools is prohibited in Western
15 Australia.
16 9. Prohibition on Privatisation of Public School Services
17 The privatisation of any public school services is prohibited in
18 Western Australia.
19 10. Maintenance of Existing Private Hospitals and Hospital
20 Services
21 (1) Nothing in this Act is to be taken to affect anything done under
22 the Hospitals and Health Services Act 1927 or the privatisation
23 of any hospitals or health services effected before the
24 commencement of this Act.
25 (2) Nothing in this Act shall prohibit the continuing provision of
26 hospital services by a private entity where that service had
27 immediately prior to 21 April 2010 been provided by a private
28 sector entity as a matter of existing practise and these practices
29 may continue in future facilities.
page 4
No Privatisation of Hospitals and Schools Bill 2010
s. 11
1 11. Maintenance of Existing Private Schools and School
2 Services
3 (1) Nothing in this Act is to be taken to affect anything done under
4 the School Education Act 1999 or the privatisation of any
5 schools or school services effected before the commencement of
6 this Act.
7 (2) Nothing in this Act shall prohibit the continuing provision of
8 school services by a private entity where that service had
9 immediately prior to change to 21 April 2010 been provided by
10 a private sector entity as a matter of existing practise and these
11 practices may continue in future facilities.
12 12. Regulations
13 The Governor may make regulations that are necessary or
14 convenient to be prescribed for giving effect to the purposes of
15 this Act.
16 13. Contracts in Contravention of this Act
17 Contracts entered into by the State Government in contravention
18 of this Act shall be void and have no effect.
19
20
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