Software company Global Health Limited (GHL) is suing the South Australian Government for continuing to use the CHIRON patient management program without a valid licence.

Hospitals have been running CHIRON despite their licence with the company expiring months ago, and the SA Health Minister says they are entitled to do so.

But GHL has now filed legal proceedings against the state for a breaches of contract and infringements of copyright.

GHL said in a statement this week that initiating documents had been served on behalf of its subsidiary, Working Systems Software, claiming “Working Systems seeks relief by way of damages, declarations and a permanent injunction restraining the state from continuing use of CHIRON.”

SA Health Minister Jack Snelling told a recent budget estimates hearing that the department was entitled to keep using the software.

“We are operating outside of licence, that is factually correct, but it is also true that our advice, our legal advice to the department, is that we are within our rights to continue to operate the system,” he said.

He said a new electronic medical records system known as EPAS was planned for the new Royal Adelaide Hospital (RAH), but it will not have its full set of functions when the hospital opens in April next year.

He also said told the hearing that the big new hospital would be running at around 50 per cent capacity when it opens next year.

The Opposition has used it as a new chance to poke holes in the Government’s handling of the new RAH project, but Mr Snelling said some patients would be moved to other metropolitan hospitals (including the old RAH) to help the new hospital open safely.