Does not include amendments by: (not commenced — to commence on the commencement of the Health Practitioner Regulation Amendment Act 2010 No 34) Health Practitioner Regulation (Adoption of National Law) Act 2009 (LW 18.6.2010) (not commenced — to commence on 1.7.2010) Health Services Amendment (Clinical Education and Training Institute) Order 2010 (260)
Introduction— This Chapter contains provisions that are helpful in understanding the Act as a whole. It also contains some machinery provisions.
(cf AHS Act ss 6 and 8)
(cf AHS Act s 9) (1) The Governor may, by order published on the NSW legislation website:
(a) dissolve an area health service, or (b) amalgamate 2 or more area health services, or (c) change the name of an area health service, and may, in the order, amend Schedule 1 accordingly.
(1) An area health advisory council is to be established for each area health service. (2) An area health advisory council is to consist of between 9 and 13 members, appointed by the Minister, of whom:
(a) some must be persons having experience in the provision of health services, and (b) the others must be persons who can represent the interests of consumers of health services and the local community, and (c) at least one (who may be one of the members referred to in paragraph (a) or (b)) must be a person who has expertise, knowledge or experience in relation to Aboriginal health. (3) The membership of an area health advisory council must maintain a reasonable balance between persons of the kind referred to in subsection (2) (a) and persons of the kind referred to in subsection (2) (b), so that at all times the persons of one kind do not outnumber persons of the other kind by more than 2.
(1) The Minister may, by order in writing, establish a charter for area health advisory councils.
(cf AHS Act s 23)
(cf AHS Act s 30)
(cf AHS Act s 32) (1) Power to make by-laws An area health service may, with the approval of the Director-General, make by-laws, not inconsistent with this Act or the regulations, for or with respect to the following:
(a) the management of any public hospital, health institution, health service or health support service under its control, (b) the provision of hospital services and other health services to patients of any public hospital or health institution under its control and to other persons, (c) the appointment, control and governance of visiting practitioners in connection with public hospitals, health institutions and health services under its control, including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service, (d) (e) the custody and use of the seal of the area health service, (f) the keeping of records concerning its acts and decisions, (g) the appointment and functions of its councils and committees. (h)
(cf AHS Act s 34)
(cf AHS Act s 5, PH Act s 18 (1))
(cf AHS Act ss 9 and 21, PH Act ss 13A, 14 and 15) (1) The Governor may, by order published on the NSW legislation website:
(a) dissolve a statutory health corporation, or (b) transfer a statutory health corporation to an area health service, or (c) amalgamate 2 or more statutory health corporations, or (d) change the name or nature of governance of a statutory health corporation, and may, in the order, amend Schedules 1 and 2 accordingly.
(cf AHS Act s 15, PH Act s 22 (1A))
(1) There is to be a chief executive for each board governed health corporation. (2) If the position of chief executive is an executive position within the meaning of Part 3 of Chapter 9, the appointment and employment of the chief executive is subject to that Part.
(cf AHS Act s 18, PH Act s 26) (1) The Governor may at any time, for any reason or no reason and without notice, by order published in the Gazette:
(a) remove any member (including the chief executive) or all members of a health corporation board from office, or (b) remove all members of a health corporation board from office and appoint, as administrator of the board governed health corporation concerned, a person specified in the order for such period as may be specified in the order, or (c) remove all members of a health corporation board (other than the chief executive) from office and appoint, as administrator of the board governed health corporation concerned, the chief executive for such period as may be specified in the order. (2) The chief executive of a board governed health corporation ceases to hold office as chief executive if removed from office as a member of the health corporation board of the corporation.
(1) The Director-General may appoint a chief executive for each chief executive governed health corporation.
(cf AHS Act s 24, PH Act s 13 (4))
(cf AHS Act s 30)
(cf AHS Act s 32, PH Act ss 28 and 28A) (1) Power to make by-laws A statutory health corporation may, with the approval of the relevant authority, make by-laws, not inconsistent with this Act or the regulations, for or with respect to the following:
(a) the management of any public hospital, health institution, health service or health support service under its control, (b) the provision of health services to patients of any public hospital or health institution under its control and to other persons, (c) the appointment, control and governance of visiting practitioners in connection with public hospitals, health institutions and health services under its control, including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service, (d) (e) the custody and use of the seal of the statutory health corporation, (f) the keeping of records concerning its acts and decisions, (g) in the case of a board governed health corporation:
(i) the keeping of records concerning the acts and decisions of the board, and (ii) the procedure for the calling of meetings of the board and for the conduct of business at those meetings, (h) the appointment and functions of its councils and committees. (2) Publication of model by-laws The relevant authority may publish an order in the Gazette setting out the terms of model by-laws.
(cf AHS Act s 34) (1) A statutory health corporation may delegate to any member of the NSW Health Service the exercise of any of its functions, other than:
(a) this power of delegation, or (b) the power to make by-laws. Note— Section 49 of the contains general provisions relating to the delegation of functions. Interpretation Act 1987
(cf PH Act s 29B) (1) An organisation or institution whose name is included in column 1 of Schedule 3 is an affiliated health organisation in respect of any of its recognised establishments and recognised services.
(1) The affiliated health organisations specified in the regulations under this section are declared affiliated health organisations for the purposes of this Act.
(cf PH Act s 29AE) (1) Power to make by-laws An affiliated health organisation may, with the approval of the Minister, make by-laws, not inconsistent with this Act or the regulations, for or with respect to the following:
(a) the management of any of its recognised establishments and recognised services, (b) the provision of health services to patients of any hospitals or health institutions that are its recognised establishments, (c) the provision to other persons of health services that are its recognised services, (d) the appointment, control and governance of visiting practitioners in connection with hospitals, health institutions and health services that are its recognised establishments or recognised services (including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service), (e) the appointment, control and governance of persons employed by it in respect of its recognised establishments and recognised services and any other matter or thing necessary or convenient to ensure the maintenance of discipline and efficiency in the service of the affiliated health organisation of any such employees or group or class of employees, (f) the keeping of records concerning the acts, decisions and proceedings of its governing body in respect of its recognised establishments and recognised services, (g) the procedure for the calling of meetings of its governing body and for the conduct of business at those meetings in respect of its recognised establishments and recognised services, (h) the appointment and functions of committees of the governing body in respect of its recognised establishments and recognised services. (1A) Subsection (1) (e) does not apply in relation to a declared affiliated health organisation.
(cf AHS Act ss 10 and 21) (1) The Governor may, by order published on the NSW legislation website, transfer to any area health service or statutory health corporation:
(a) any public hospital or health institution of an affiliated health organisation that is a recognised establishment of the organisation, or (b) any health service or health support service of an affiliated health organisation that is a recognised service of the organisation, or (c) any of the assets, rights or liabilities of an affiliated health organisation relating to a recognised establishment or recognised service of the organisation, and may amend Schedules 1, 2 and 3 accordingly.
(1) This section does not apply to or in respect of a declared affiliated health organisation.
(1) The Director-General may appoint a committee, board or other body as an appointed body for the purposes of this Chapter. (2) An appointed body is to consist of such members appointed by the Director-General as the Director-General thinks fit. (3) The procedure of an appointed body is to be determined by the Director-General or (subject to any determination of the Director-General) by the appointed body.
(1) There is established by this Act an Ambulance Services Advisory Council. (2) The members of the Advisory Council are as follows:
(a) the chief executive of the Ambulance Service of NSW, (b) not fewer than 8 and not more than 12 persons appointed by the Minister.
Introduction— This Chapter makes provision for the charging and collection of fees from certain patients and other clients of public health organisations.
Introduction— In this Chapter, Part 1 defines a visiting practitioner to be a medical practitioner or dentist appointed by a public health organisation (otherwise than as an employee) to practise as a medical practitioner or dentist at its hospitals or health institutions or in relation to its health services (as specified in the appointment). It also makes it clear that a visiting medical officer and an honorary medical officer are visiting practitioners appointed under a service contract with a public health organisation. Part 2 explains, and provides for the prerequisites for the entry into, service contracts. It also enables the relevant Minister, on application from the Australian Medical Association (NSW) Limited or the Minister (or both), to appoint an arbitrator to determine certain matters involving fee-for-service contracts or sessional contracts of visiting medical officers (or both) throughout the public health system generally. Part 3 requires visiting practitioners to report to the public health organisation that appointed them the fact that they have been charged with committing, or have been convicted of, a serious sex or violence offence or have had a finding of professional misconduct or unsatisfactory professional conduct made against them under the or the Medical Practice Act 1992 . A public health organisation must terminate the appointment of a visiting practitioner convicted of a serious sex or violence offence if the Director-General so directs. A public health organisation cannot terminate the appointment of a visiting practitioner of its own motion under the Part unless the Director-General has confirmed the organisation’s proposal to terminate the appointment. These provisions mirror those provided in Part 2 of Chapter 9 for employees in the NSW Health Service. Dentists Act 1989 Part 4 enables individual visiting practitioners to appeal to the Minister (who must then appoint a Committee of Review) concerning decisions of public health organisations to reduce their clinical privileges, to refuse to re-appoint them or to suspend or terminate their appointments under service contracts. Part 5 makes it clear that any agreement between a public health organisation and a visiting practitioner relating to the performance of work is not affected by this Act except as provided by Parts 2, 3 and 4 of this Chapter.
(1) A medical practitioner who a public health organisation wishes to appoint as a visiting medical officer may elect to be appointed under a service contract entered into between the organisation and the medical practitioner’s practice company.
(cf PH Act s 29L)
(cf PH Act s 29O) (1) The Minister and the Association may appear before and be heard by an arbitrator by their respective representatives in any proceedings before the arbitrator.
(cf PH Act s 33K) (1) On receipt of a notice under section 107, the Minister must appoint a Committee of Review to determine the appeal.
(cf PH Act s 33O) (1) Subject to this Part and the regulations, a Committee must determine the appeal and may make such orders with respect to the matter being appealed as the Committee considers proper.
(1) The Government of New South Wales may employ staff under this Part:
(a) to enable area health services and statutory health corporations, and the public hospitals that they control, to exercise their functions, and (b) to enable declared affiliated health organisations to exercise their functions in relation to their recognised establishments and recognised services, and (c) to enable the Director-General to exercise his or her functions under Chapter 5A in relation to ambulance services, and (d) to enable the Director-General to exercise his or her functions under Part 1A of Chapter 10 in relation to the provision of health support services to public health organisations and the public hospitals that they control, and (e) to enable the Health Administration Corporation to exercise its functions under this or any other Act.
(1) The Director-General may fix the salary, wages and conditions of employment of staff employed under this Part in so far as they are not fixed by or under any other law.
(1) The Director-General may, on the ground of redundancy, direct the transfer of a member of the NSW Health Service ( the staff member ) from one position in the NSW Health Service to another position in the Service at a salary in accordance with any general determination under section 116A (1), but only if:
(a) the Director-General is satisfied that:
(i) the number of persons who are employed in or in connection with the public health organisation concerned exceeds the number that appears to be necessary for the effective, efficient and economical management of the functions and activities of the organisation, either generally or at a particular location, or (ii) the mix of skills or other expertise of the persons who are employed in or in connection with the public health organisation concerned appears to be unsuitable for the effective, efficient and economical management of the functions and activities of the organisation, either generally or at a particular location, and (b) the Director-General is satisfied that the staff member possesses the essential qualifications specified for the other position and the work assigned to the other position is appropriate to the skills and qualifications of the staff member, and (c) if the staff member is to be transferred to a position in connection with a declared affiliated health organisation—the affiliated health organisation has been consulted by the Director-General as to the suitability of the staff member to carry out duties in connection with the organisation having regard to the health care philosophy of the organisation.
(1) A reference in this section to a public health organisation does not include a reference to an affiliated health organisation unless it is a declared affiliated health organisation. (2) Part 5 of the applies to work injury damages recoverable from the Government of New South Wales, and to work injury damages recoverable from a public health organisation, by or in respect of a person employed in the NSW Health Service to enable the public health organisation to exercise its functions. That Part so applies as if the public health organisation: Workers Compensation Act 1987
(a) were an employer of the person in addition to the Government, and (b) were an employer liable to pay compensation under that Act.
(1) The chief executive of a public health organisation is, within 30 days (or such further period as may be agreed to by the Director-General) of becoming aware that a member of staff has been convicted (whether before or during his or her employment) of a serious sex or violence offence, to notify the Director-General of the staff member’s conviction. (2) On being notified under subsection (1), the Director-General is to afford the member of staff concerned a reasonable opportunity to make written submissions concerning any matter relevant to the conviction that the staff member wishes to have considered in determining what (if any) disciplinary action should be taken in relation to the staff member.
(1)
(cf PSE&M Act ss 17 and 24) (1) Appointments to vacant executive positions are to be made by the Director-General.
(cf PSE&M Act s 69) (1) The employment of a health executive is to be governed by a contract of employment between the executive and the Director-General.
(cf PSE&M Act s 72) (1) In this section, a reference to the employment of a health executive is a reference to:
(a) the appointment of, or failure to appoint, a person to a vacant executive position, or (b) the removal, retirement, termination of employment or other cessation of office of a health executive, or (c) any disciplinary proceedings or disciplinary action taken against a health executive, or (d) the remuneration or conditions of employment of a health executive. (2) The employment of a health executive, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the . Industrial Relations Act 1996 (3) Subsection (2) applies whether or not any person has been appointed to a vacant executive position.
(cf PSE&M Act s 74) (1) Health executives are entitled to monetary remuneration at such rate, and employment benefits of such kinds, as are provided in their contract of employment. (2) Contributions payable to a superannuation scheme by the Director-General in respect of a health executive that are required to be made by the Director-General under a law of the State relating to superannuation are, until provided for by the executive’s contract of employment, taken to be an employment benefit provided in the contract. (3) The total amount of:
(a) the annual rate of monetary remuneration for a health executive, and (b) the annual cost of employment benefits provided for a health executive under the relevant contract of employment, is to be equal to the amount of the remuneration package for the executive.
(cf PSE&M Act s 77) (1) The Director-General may remove a health executive from an executive position at any time for any or no reason and without notice. (2) The Director-General:
(a) may declare a health executive who is removed from an executive position by the Director-General under subsection (1) to be an unattached officer, and (b) may revoke any such declaration.
(cf PSE&M Act s 78) (1) This section applies to the following persons:
(a) a health executive who is removed from office under section 121N (1) and ceases to be a health executive because of section 121N (4), (b) a health executive who is otherwise removed from office (except for misbehaviour after due inquiry), (c) a health executive who was employed in the NSW Health Service when first appointed as a health executive, whose term of office as a health executive expires and who is not re-appointed. However, this section does not apply to or in respect of a health executive who consents to a transfer at a lower level of remuneration. (2) A person to whom this section applies is entitled to such compensation (if any) as the Statutory and Other Offices Remuneration Tribunal determines.
(cf PSE&M Act s 80) (1) A person who:
(a) was a chief executive of a statutory health corporation, or was employed in the public sector, when appointed to an executive position, and (b) had a right to accrued extended or annual leave with pay immediately before that appointment, and (c) has not taken that leave before taking up duties in the executive position, is entitled, on taking up those duties, to be paid instead of that leave (or any part of that leave) the money value of that leave (or part) as a gratuity if the person so elects.
(cf PSE&M Act s 81)
(cf PH Act s 11A)
(1) The Director-General may provide health support services to public health organisations and the public hospitals that they control. (2) The Director-General may also, with the approval of the Minister, make and enter into contracts or agreements with any person other than a public health organisation for the provision of health support services or corporate or other services to that person. (3) The Director-General may determine the fees and charges payable for any service provided by or on behalf of the Director-General under this section.
(1) The Director-General may appoint a committee, board or other body for the purposes of this Part. (2) An appointed body is to consist of such members appointed by the Director-General as the Director-General thinks fit. (3) The procedure of an appointed body is to be determined by the Director-General or (subject to any determination of the Director-General) by the appointed body.
(cf PH Act s 17) (1) In determining what amount of money (if any) is to be paid to each area health service out of money appropriated from the Consolidated Fund, the Minister is to have regard to the following matters:
(a) the size and health needs of the population resident within the area of the area health service concerned, (b) the health services provided to patients from outside the area of the area health service concerned, (c) the net receipts and expenditures of the area health service for the financial year, (d) probable requirements for capital maintenance and expenditure of the area health service for the financial year, (e) such other matters as are prescribed by the regulations or as the Minister thinks fit.
(1) The Minister may determine that an amount of money is to be lent to an area health service, statutory health corporation or affiliated health organisation, out of money appropriated from the Consolidated Fund to the Minister.
(cf AHS Act s 21) (1) The Governor may, by order published on the NSW legislation website, transfer to any statutory health organisation:
(a) any public hospital or health institution under the control of another statutory health organisation, or (b) any health service or health support service under the control of another statutory health organisation, or (c) any public hospital or health service controlled by the Crown (including any hospital or health service controlled by the Minister or the Health Administration Corporation), or (d) any of the assets, rights or liabilities of another statutory health organisation, and may amend Schedules 1 and 2 accordingly.
Introduction— This Chapter contains various provisions relating to the general operation of the Act. For instance, it provides for an offence of obstructing or hindering the performance of functions under the Act and facilitates the proof of certain matters in legal proceedings. A general regulation-making power is also provided. Public health organisations are also authorised to retain and realise certain unclaimed assets of former or deceased patients that have been left at their premises, the proceeds of which are to be used to establish Samaritan Funds for the benefit of needy patients of the organisation. The Chapter also repeals the and the Area Health Services Act 1986 . Public Hospitals Act 1929
(1) This section applies with respect to the provision of expert advice or assistance by a person, for or on behalf of a public health organisation or the Director-General and in the person’s professional capacity, in connection with:
(a) a review of the performance or conduct of, or (b) a review to determine whether to take disciplinary action in relation to, any visiting practitioner or relevant employee.
(cf AHS Act s 38, PH Act s 42) (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), the regulations may provide for the following:
(a) accounts to be kept by public health organisations and the auditing of those accounts, (b) records to be kept by public health organisations or public hospitals, (c) the furnishing of information and reports to the Minister, Director-General or other person by public health organisations, (d) the furnishing of information to a patient in the care of a public health organisation and the inspection of records by such a patient in connection with the treatment of the patient by the organisation, (e) the appointment, control and governance of visiting practitioners, including the conditions subject to which they perform work, (f) in the case of public hospitals controlled by area health services or statutory health corporations—the admission and discharge of patients and the payment and collection of fees payable by patients for health services, (g) the authorisation, prohibition and control of fundraising by public appeal or otherwise for the purposes of public hospitals, (h) the administration and management of any affiliated health organisation in relation to its recognised establishments and recognised services, (i) the disposal of unclaimed property of patients in the care of a public health organisation, (j) the control and governance of members of staff of the NSW Health Service and any other matter or thing necessary or convenient to ensure the maintenance of discipline and efficiency of that staff, (k) the conditions of employment (including salaries and wages) of persons employed by affiliated health organisations (other than declared affiliated health organisations) in respect of their recognised establishments and recognised services, (l) the management of, and accounting for, any funds (including the amount of any subsidy determined under section 127) paid by or on behalf of the State to a public health organisation to meet the employment-related costs and liabilities in relation to those members of the NSW Health Service who are employed in connection with the organisation, (m) the recognition of prior government service or public health system service for the purposes of calculating the long service leave entitlements of employees in the public health system.
(Sections 21, 44, 64 and 132)
(Section 50)
(Section 67C (7))
(Section 141)
(Section 3)