{"id":"nsw:act-2003-014","name":"Cancer Institute (NSW) Act 2003","slug":"cancer-institute-nsw-act-2003","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"14 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175078,"registerId":"nsw-nsw:act-2003-014-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Cancer Institute (NSW) Act 2003](/view/html/inforce/current/act-2003-014).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act:\n> > \n> > Board means the Board of the Cancer Institute established under section 7.\n> > \n> > cancer control includes any cancer-related activity in the field of human health such as research, the practical application of research, innovation, treatment and care (including palliative care, supportive care and complementary health therapies), prevention, screening, diagnosis, provision of information, training and education.\n> > \n> > Cancer Institute means the Cancer Institute (NSW) constituted by this Act.\n> > \n> > Chief Cancer Officer means the Chief Cancer Officer appointed under section 10.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > public health organisation and public health system have the same meanings as in the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> > \n> > Secretary means the Secretary of the Ministry of Health.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2012 No 78, Sch 1 \\[1\\]; 2015 No 58, Sch 3.13 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Cancer Institute (NSW)","content":"# Part 2 Cancer Institute (NSW)\n\nPart 2 Cancer Institute (NSW)","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of Cancer Institute","content":"#### 4 Constitution of Cancer Institute\n\n4 Constitution of Cancer Institute\n\n> > (1) There is constituted by this Act a corporation with the corporate name of the Cancer Institute (NSW).\n> \n> > (2) The Cancer Institute is not and does not represent the Crown.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Objectives of Cancer Institute","content":"#### 5 Objectives of Cancer Institute\n\n5 Objectives of Cancer Institute\n\n> The objectives of the Cancer Institute are as follows:\n> \n> > (a) to increase the survival rate for cancer patients,\n> \n> > (b) to reduce the incidence of cancer in the community,\n> \n> > (c) to improve the quality of life of cancer patients and their carers,\n> \n> > (d) to operate as a source of expertise on cancer control for the government, health service providers, medical researchers and the general community.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Guiding principles","content":"#### 6 Guiding principles\n\n6 Guiding principles\n\n> In exercising its functions under this Act, the Cancer Institute is to have regard to the following principles:\n> \n> > (a) effective cancer control requires partnership between the public sector, the private sector and the general community,\n> \n> > (b) resources available for cancer control should be applied so as to maximise the benefit of those resources to the greatest number of people in the most expeditious, efficient and effective manner,\n> \n> > (c) there should be an equitable, evidence-based, seamless, patient-centred approach to the care and treatment of cancer patients,\n> \n> > (d) there should be timely, high quality, co-ordinated and multi-disciplinary care available for all cancer patients, with a focus on improving accessibility irrespective of geographic location, including appropriate networking of cancer-related services,\n> \n> > (e) there should be specific accountability for public funds applied by the Cancer Institute to new cancer control activities,\n> \n> > (f) there should be co-operation between State and national bodies engaged in cancer control,\n> \n> > (g) links between cancer control bodies in New South Wales and relevant bodies operating or located interstate or overseas should be developed or enhanced,\n> \n> > (h) up to date information about cancer control (including cancer-related philanthropic activities) should be publicly available and easily accessible,\n> \n> > (i) cancer-related research activities should be developed in a manner that maximises gains and builds optimal research depth in a number of key research institutions.\n> \n> **s 6:** Am 2003 No 82, Sch 2.1.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Management and staff of Cancer Institute","content":"# Part 3 Management and staff of Cancer Institute\n\nPart 3 Management and staff of Cancer Institute","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Board of Cancer Institute","content":"#### 7 Board of Cancer Institute\n\n7 Board of Cancer Institute\n\n> > (1) There is established by this section a Board of the Cancer Institute.\n> \n> > (2) The affairs of the Cancer Institute are to be governed by the Board.\n> \n> > (3) Any act, matter or thing done in the name of, or on behalf of, the Cancer Institute by the Board, or with the authority of the Board, is taken to have been done by the Cancer Institute.\n> \n> > (4) The Board is subject to the control and direction of the Minister, except in relation to a report or recommendation made by the Board to the Minister.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Membership of Board","content":"#### 8 Membership of Board\n\n8 Membership of Board\n\n> > (1) The Board is to consist of:\n> > \n> > > (a) at least 5, but not more than 11, persons appointed by the Minister, and\n> > \n> > > (b) the Chief Cancer Officer.\n> \n> > (2) Schedule 1 has effect with respect to the members and procedure of the Board.\n> \n> **s 8:** Am 2012 No 78, Sch 1 \\[2\\].","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Committees","content":"#### 9 Committees\n\n9 Committees\n\n> > (1) The Board is to establish the following committees:\n> > \n> > > (a) an Ethics Committee,\n> > \n> > > (b) a Clinical Services Advisory Committee,\n> > \n> > > (c) a Research Advisory Committee,\n> > \n> > > (d) a Quality and Clinical Effectiveness Advisory Committee,\n> > \n> > > (e) such other committees as the Board considers appropriate to provide advice and assistance to the Board in carrying out its functions.\n> \n> > (2) Each such committee has the function of providing advice, in its respective area of expertise, to the Board on:\n> > \n> > > (a) the priorities of the Cancer Institute in achieving its objectives, and\n> > \n> > > (b) such other matters as the Board from time to time requests.\n> \n> > (3) A committee of the Board is to consist of such persons (including health care professionals) with relevant expertise in the area in respect of which the committee is established.\n> \n> > (4) It does not matter that some or all of the members of a committee of the Board are not members of the Board.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Chief Cancer Officer","content":"#### 10 Chief Cancer Officer\n\n10 Chief Cancer Officer\n\n> > (1) There is to be a Chief Cancer Officer.\n> \n> > (2) If the position of Chief Cancer Officer is an executive position within the meaning of Part 3 of Chapter 9 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), the appointment and employment of the Chief Cancer Officer is subject to that Part.\n> \n> > (2A) If the position of Chief Cancer Officer is not an executive position within the meaning of Part 3 of Chapter 9 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154):\n> > \n> > > (a) the Chief Cancer Officer is to be appointed by the Minister, and\n> > \n> > > (b) the Chief Cancer Officer is, while holding that office, to be employed under Part 1 of Chapter 9 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) in the NSW Health Service.\n> \n> > (3) The Chief Cancer Officer is the chief executive officer of the Cancer Institute.\n> \n> > (4) The Chief Cancer Officer:\n> > \n> > > (a) is responsible for the management of the affairs of the Cancer Institute, subject to and in accordance with any directions of the Board, and\n> > \n> > > (b) has and may exercise such other functions as are conferred or imposed on the Chief Cancer Officer by or under this or any other Act.\n> \n> > (5)–(8) (Repealed)\n> \n> **s 10:** Am 2006 No 2, Sch 4.6 \\[1\\]; 2012 No 78, Sch 1 \\[3\\] \\[4\\].","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Removal of members and appointment of administrator","content":"#### 11 Removal of members and appointment of administrator\n\n11 Removal of members and appointment of administrator\n\n> > (1) The Governor may at any time, for any reason or no reason and without notice, by order published in the Gazette:\n> > \n> > > (a) remove any member (including the Chief Cancer Officer) or all members of the Board from office, or\n> > \n> > > (b) remove all members of the Board from office and appoint, as administrator of the Cancer Institute, a person specified in the order for such period as may be specified in the order, or\n> > \n> > > (c) remove all members of the Board (other than the Chief Cancer Officer) from office and appoint, as administrator of the Cancer Institute, the Chief Cancer Officer for such period as may be specified in the order.\n> \n> > (2) The Chief Cancer Officer ceases to hold office as Chief Cancer Officer if removed from office as a member of the Board.\n> \n> > (3) An administrator of the Cancer Institute has and may exercise, subject to any conditions that may be specified in the order by which the administrator was appointed, all the functions of the Board of the Cancer Institute.\n> \n> > (4) An administrator of the Cancer Institute is entitled to be paid from the funds of the Cancer Institute such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the administrator.\n> \n> > (5) The regulations may make provision with respect to administrators of the Cancer Institute.\n> \n> > (6) If the position of Chief Cancer Officer is an executive position within the meaning of Part 3 of Chapter 9 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154):\n> > \n> > > (a) the Chief Cancer Officer may not be removed from office under section 121N of that Act, and\n> > \n> > > (b) section 121N of that Act applies:\n> > > \n> > > > (i) to and in respect of a Chief Cancer Officer who is removed from office under this section, and\n> > > \n> > > > (ii) to and in respect of the executive position of a Chief Cancer Officer who is so removed,\n> > > \n> > > in the same way as it applies to and in respect of a health executive who is removed from office under section 121N and to and in respect of the executive position of a health executive who is so removed.\n> \n> **s 11:** Rep 2006 No 2, Sch 4.6 \\[2\\]. Ins 2012 No 78, Sch 1 \\[5\\].","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Functions of Cancer Institute","content":"# Part 4 Functions of Cancer Institute\n\nPart 4 Functions of Cancer Institute","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"General functions of Cancer Institute","content":"#### 12 General functions of Cancer Institute\n\n12 General functions of Cancer Institute\n\n> > (1) The Cancer Institute may do and perform all acts and things that are necessary or convenient for giving effect to its objectives.\n> \n> > (2) Without limiting subsection (1), the Cancer Institute has the following functions:\n> > \n> > > (a) to undertake, commission or sponsor cancer-related research and development,\n> > \n> > > (b) to facilitate collaboration and co-operation between bodies involved in cancer-related research and development and in doing so, to establish a publicly available register of such bodies,\n> > \n> > > (c) to provide a system that facilitates expeditious ethical approval for multi-centre clinical trials and other cancer-related research,\n> > \n> > > (d) to foster and support best practice in, and an evidence-based approach to, cancer control, including participating in the development, evaluation, recommendation or endorsement of guidelines, protocols and practices for cancer control,\n> > \n> > > (e) to accredit programs relating to cancer control, including prevention and screening programs,\n> > \n> > > (f) to review, monitor, evaluate and recommend improvements to cancer-related programs and proposed initiatives in the public health system in relation to cancer control,\n> > \n> > > (g) to facilitate improvements in the effectiveness of cancer control and to develop or endorse strategies to achieve such improvements,\n> > \n> > > (h) to review, develop or commission innovative programs for cancer control,\n> > \n> > > (i) to develop, in conjunction with the Ministry of Health and public health organisations, a State Cancer Plan by 30 June 2004 for consideration by the Minister for Health and, in conjunction with the Ministry of Health and public health organisations, to review and recommend changes (if any) to the Plan for consideration by the Minister for Health at least every 2 years after that date (or within such other period as may be determined by the Minister for Health),\n> > \n> > > (j) to advise and make recommendations to the Minister on the manner in which that portion of the money appropriated from the Consolidated Fund in any financial year to the Minister for Health, and which the Minister for Health has specifically designated to be administered by the Cancer Institute, is to be expended,\n> > \n> > > (k) to advise the Minister and the Secretary on such matters in relation to cancer control as may be required by the Minister or the Secretary from time to time,\n> > \n> > > (l) to undertake the assessment of any cancer control service or program in the public health system as may be required by the Minister for Health or the Secretary from time to time and to report to the Minister for Health or the Secretary on the outcome of that assessment,\n> > \n> > > (m) to investigate, evaluate and advise on complementary therapies in the care and treatment of cancer patients, having regard to their clinical effectiveness, safety and effect on quality of life,\n> > \n> > > (n) to obtain, collate, maintain and analyse information relating to cancer control,\n> > \n> > > (o) to disseminate information and advice about cancer control,\n> > \n> > > (p) to provide training and education relevant to cancer control,\n> > \n> > > (q) to consult, collaborate and co-operate with public health organisations, consumers, health professionals, government agencies, non-government organisations and other persons or bodies involved in cancer control,\n> > \n> > > (r) to engage in fund raising activities for cancer-related purposes and to establish a publicly available register of the bodies that conduct any such fund raising activities,\n> > \n> > > (s) to exercise such other functions in relation to cancer control as may be prescribed by the regulations.\n> \n> > (3) The Cancer Institute has such other functions as are conferred or imposed on it by or under this or any other Act or law.\n> \n> > (4) However, the Cancer Institute cannot employ any staff.\n> > \n> > Note—\n> > \n> > Staff may be employed under Chapter 9 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) in the NSW Health Service to enable the Cancer Institute to exercise its functions under this or any other Act.\n> \n> **s 12:** Am 2006 No 2, Sch 4.6 \\[3\\]; 2012 No 78, Sch 1 \\[6\\]; 2015 No 58, Sch 3.13 \\[2\\] \\[3\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Collection of cancer control information","content":"#### 13 Collection of cancer control information\n\n13 Collection of cancer control information\n\n> > (1) The Cancer Institute may request any person or body to provide the Cancer Institute with any information about cancer control that is held by the person or body.\n> \n> > (2) If any such request is made with respect to the Ministry of Health or a public health organisation, the request must be complied with if the Secretary consents to the provision of the information concerned.\n> \n> **s 13:** Am 2015 No 58, Sch 3.13 \\[2\\] \\[3\\].","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Report on activities of Cancer Institute","content":"#### 14 Report on activities of Cancer Institute\n\n14 Report on activities of Cancer Institute\n\n> > (1) The Cancer Institute is required to report to the Minister within 4 months after the end of each financial year on the activities of the Cancer Institute for the previous financial year.\n> \n> > (2) The first such report is required to be provided in respect of the financial year ending 30 June 2004.\n> \n> > (3) A report under this section is to include the following information in respect of the financial year to which the report relates:\n> > \n> > > (a) the outcomes achieved from the initiatives of the Cancer Institute,\n> > \n> > > (b) details about the trends in the incidence of cancer and the mortality and survival rates for cancer in New South Wales,\n> > \n> > > (c) an overview of cancer-related research and philanthropic activities in New South Wales.\n> \n> > (4) The Minister is to cause each report provided under this section to be tabled in both Houses of Parliament within one month after receiving it.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Powers in relation to property","content":"#### 15 Powers in relation to property\n\n15 Powers in relation to property\n\n> > (1) The Cancer Institute may:\n> > \n> > > (a) acquire land (including an interest in land), for the purpose of the exercise of its functions, by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022), and\n> > \n> > > (b) acquire any other property for the purpose of the exercise of its functions, and\n> > \n> > > (c) sell, lease, mortgage or otherwise dispose of land or any other property.\n> \n> > (2) However, the Cancer Institute must not:\n> > \n> > > (a) acquire land by any means, or\n> > \n> > > (b) dispose of land by sale, lease, mortgage or otherwise,\n> > \n> > except with the approval of the Minister.\n> \n> > (3) The Cancer Institute may request the Minister to give approval to (and the Minister may approve) a disposition or dedication of land or a use of land, being a disposition, dedication or use:\n> > \n> > > (a) that is contrary to a provision of, or a trust arising under, the Crown grant of that land, or\n> > \n> > > (b) that, if this section had not been enacted, may make the land liable to be forfeited to the Crown.\n> \n> > (4) If the Minister has given an approval under this section to a disposition or dedication of land, or to a use of land, neither the disposition or dedication of the land (or its subsequent use) nor the use of the land:\n> > \n> > > (a) is to be regarded as a breach of any provision of, or any trust arising under, the Crown grant of that land, or\n> > \n> > > (b) is to make the land liable to be forfeited to the Crown.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Power to accept gifts, devises or bequests","content":"#### 16 Power to accept gifts, devises or bequests\n\n16 Power to accept gifts, devises or bequests\n\n> > (1) The Cancer Institute has power to acquire by gift, devise or bequest any property for the purposes of this Act and to agree to, and carry out, the conditions (if any) of the gift, devise or bequest.\n> \n> > (2) The rule of law against remoteness of vesting does not apply to any condition of a gift, devise or bequest to which the Cancer Institute has agreed.\n> \n> > (3) If the Cancer Institute accepts a gift or bequest of securities which are comprised of debentures, debenture stock, preference or ordinary stock or preference or ordinary shares, of a company under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, and the securities are not subject to any liability for calls or other payments other than a call or calls within a limited period, the Cancer Institute may:\n> > \n> > > (a) retain the securities, and\n> > \n> > > (b) pay any calls or other payment in respect of the securities, and\n> > \n> > > (c) exercise any rights to participate in an issue of securities accruing to the Cancer Institute as the holder of the securities retained.\n> \n> > (4) The [Duties Act 1997](/view/html/inforce/current/act-1997-123) does not apply to or in respect of any gift to, or bequest or devise in favour of, the Cancer Institute.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Contracts of Cancer Institute","content":"#### 17 Contracts of Cancer Institute\n\n17 Contracts of Cancer Institute\n\n> > (1) The Cancer Institute may make and enter into contracts or agreements with any person for the performance of services, or for the supply of any goods, by that person with respect to the exercise by the Cancer Institute of its functions.\n> \n> > (2) Any contract or agreement under this section is taken, for the purposes of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032), to be a contract or agreement for or on account of the Public Service of New South Wales.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Investments","content":"#### 18 Investments\n\n18 Investments\n\n> > (1) The Cancer Institute may invest money held by it:\n> > \n> > > (a) if the Cancer Institute is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Cancer Institute is permitted to invest money under that Part, or\n> > \n> > > (b) if the Cancer Institute is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.\n> \n> > (2) The Cancer Institute may at any time dispose of any of its investments and apply the proceeds for the purpose of exercising its functions.\n> \n> > (3) This section is, in relation to the investment of any funds, subject to the terms of any trust applying to those funds.\n> \n> **s 18:** Am 2018 No 70, Sch 3.8.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"By-laws","content":"#### 19 By-laws\n\n19 By-laws\n\n> > (1) The Cancer Institute 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:\n> > \n> > > (a) the keeping of records concerning the acts, decisions and proceedings of the Board,\n> > \n> > > (b) the procedure for the calling of meetings of the Board and for the conduct of business at those meetings,\n> > \n> > > (c) the appointment and functions of committees of the Board,\n> > \n> > > (d) the custody and use of the seal of the Cancer Institute.\n> \n> > (2) A provision of a by-law may do any one or more of the following:\n> > \n> > > (a) apply generally or be limited in its application to reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind,\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.\n> \n> > (3) Judicial notice is to be taken of a by-law authenticated by the seal of the Cancer Institute or in accordance with section 23. It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of the by-law have been complied with and performed.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Delegations by Cancer Institute","content":"#### 20 Delegations by Cancer Institute\n\n20 Delegations by Cancer Institute\n\n> > (1) The Cancer Institute may delegate to any member of staff of the Cancer Institute the exercise of any of its functions other than:\n> > \n> > > (a) this power of delegation, and\n> > \n> > > (b) the power to make by-laws.\n> \n> > (2) The Minister may give any direction to the Cancer Institute concerning delegations under this section that the Minister thinks appropriate.\n> \n> > (3) Nothing in this section authorises the Cancer Institute to delegate the whole of its functions to another person.\n> \n> > (4) For the purposes of this section, the functions of the Cancer Institute include the functions of the Board.","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":null,"content":"#### 21\n\n21 (Repealed)","sortOrder":25},{"sectionNumber":"21A","sectionType":"section","heading":"Relationship with Chapter 10 of Health Services Act 1997","content":"#### 21A Relationship with Chapter 10 of Health Services Act 1997\n\n21A Relationship with Chapter 10 of [Health Services Act 1997](/view/html/inforce/current/act-1997-154)\n\n> > (1) Chapter 10 (Administration of the public health system) of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) extends to the Cancer Institute as if it were a statutory health corporation.\n> \n> > (2) To the extent of any inconsistency, that Chapter (as extended by subsection (1)) prevails over this Act.\n> \n> **s 21A:** Ins 2012 No 78, Sch 1 \\[8\\].","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Personal liability","content":"#### 22 Personal liability\n\n22 Personal liability\n\n> A matter or thing done or omitted to be done by:\n> \n> > (a) the Cancer Institute, or\n> \n> > (b) a member of staff of the Cancer Institute, or\n> \n> > (c) the Board or a committee of the Board, or\n> \n> > (d) a member of the Board, a member of a committee of the Board or any person acting under the direction of the Board or a committee of the Board,\n> \n> does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject the member or a person so acting personally to any action, liability, claim or demand.","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Authentication of certain documents","content":"#### 23 Authentication of certain documents\n\n23 Authentication of certain documents\n\n> Any document requiring authentication by the Cancer Institute may be sufficiently authenticated without the seal of the Cancer Institute if signed by the Chief Cancer Officer or by any other member of staff of the Cancer Institute authorised to do so by the Chief Cancer Officer.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Service of documents on Cancer Institute","content":"#### 24 Service of documents on Cancer Institute\n\n24 Service of documents on Cancer Institute\n\n> > (1) A document may be served on the Cancer Institute by leaving it at, or by sending it by post to:\n> > \n> > > (a) the office of the Cancer Institute, or\n> > \n> > > (b) if it has more than one office, any one of its offices.\n> \n> > (2) Nothing in subsection (1) affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the Cancer Institute in a manner not provided for by subsection (1).","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Regulations","content":"#### 25 Regulations\n\n25 Regulations\n\n> > (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.\n> \n> > (2)–(4) (Repealed)\n> \n> **s 25:** Am 2012 No 78, Sch 1 \\[9\\].","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Provisions relating to New South Wales Cancer Council","content":"#### 26 Provisions relating to New South Wales Cancer Council\n\n26 Provisions relating to New South Wales Cancer Council\n\n> Schedule 2 has effect.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Repeal of New South Wales Cancer Council Act 1995 No 43","content":"#### 27 Repeal of New South Wales Cancer Council Act 1995 No 43\n\n27 Repeal of [New South Wales Cancer Council Act 1995 No 43](/view/html/repealed/current/act-1995-043)\n\n> On or after the registration date referred to in Schedule 2, the Governor may, by proclamation, repeal the [New South Wales Cancer Council Act 1995](/view/html/repealed/current/act-1995-043) (or any specified provision or provisions of that Act).","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":null,"content":"#### 28\n\n28 (Repealed)","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Review of Act","content":"#### 29 Review of Act\n\n29 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 3 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.","sortOrder":36},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of Board","content":"# Schedule 1 Provisions relating to members and procedure of Board\n\nSchedule 1 Provisions relating to members and procedure of Board\n\n(Section 8 (2))\n\n**sch 1:** Am 2012 No 78, Sch 1 \\[10\\]; 2015 No 58, Sch 3.13 \\[4\\].","sortOrder":37},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Registration of New South Wales Cancer Council as a company","content":"# Schedule 2 Registration of New South Wales Cancer Council as a company\n\nSchedule 2 Registration of New South Wales Cancer Council as a company\n\n(Section 26)","sortOrder":57},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n**sch 3:** Am 2005 No 64, Sch 2.4. Rep 2006 No 58, Sch 4. Ins 2012 No 78, Sch 1 \\[11\\].","sortOrder":63}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and governing the Cancer Institute (NSW). While amendments have refined operational details (particularly staff employment arrangements in 2012 and investment powers in 2018), the core scope — cancer control through research, clinical services, and strategic planning — has not expanded beyond the original intent. The Schedule 2 provisions regarding the Cancer Council were part of the original 2003 Act's design to restructure cancer organisations, not a later expansion."},"complexity_factors":["Multiple cross-references to other Acts (Health Services Act 1997, Government Sector Finance Act 2018, Corporations Act 2001, Land Acquisition Act 1991, Duties Act 1997)","Conditional employment provisions for Chief Cancer Officer depending on whether position is classified as 'executive' under Health Services Act (section 10)","Schedule 2 contains complex transitional provisions for converting the NSW Cancer Council into a company limited by guarantee under Commonwealth corporations law","Nested governance structure: Board → Committees → Chief Cancer Officer, with specific procedural rules in Schedule 1","Ministerial approval required for land transactions (section 15) and by-laws (section 19)","Repealed and substituted sections (e.g., section 11, section 21) with savings provisions in Schedule 3 to preserve existing appointments","Dual investment powers depending on GSF agency status (section 18)"],"plain_english_summary":"This law creates the **Cancer Institute (NSW)** — a government body dedicated to fighting cancer in New South Wales.\n\n**What it does:**\n- **Establishes the Institute** as an independent corporation (not part of the Crown/government) with its own Board and Chief Cancer Officer.\n- **Sets four main goals:** increase cancer survival rates, reduce how many people get cancer, improve quality of life for patients and carers, and act as the go-to expert on cancer control.\n- **Defines \"cancer control\" broadly** — covering everything from research and treatment to prevention, screening, palliative care, and even complementary therapies.\n- **Gives the Institute specific powers:**\n  - Fund and conduct cancer research\n  - Accredit cancer programs and screening services\n  - Develop a State Cancer Plan (and review it every two years)\n  - Maintain registers of cancer research bodies and fundraising organisations\n  - Provide ethical approval for multi-centre clinical trials\n  - Accept donations and gifts (with tax exemptions)\n  - Buy and sell property (with ministerial approval)\n- **Structures governance:** A Board of 5–11 appointed members plus the Chief Cancer Officer, supported by mandatory advisory committees (Ethics, Clinical Services, Research, and Quality).\n- **Protects staff and members** from personal liability when acting in good faith.\n- **Transforms the old NSW Cancer Council** into a company limited by guarantee (\"The Cancer Council NSW\"), transferring its functions to the new corporate structure.\n\n**Who it affects:**\n- Cancer patients and their families (through improved care coordination and access to information)\n- Medical researchers and health professionals (through funding, ethical approval systems, and research collaboration)\n- Public hospitals and health services (through accreditation and program evaluation)\n- Charities and fundraising bodies (through registration requirements)\n- The NSW Government (which provides funding and oversight)\n\n**Why it matters:**\nThis Act centralises cancer expertise in one body, ensuring a coordinated, evidence-based approach to cancer care across NSW. It bridges the gap between research and practical treatment, ensures public accountability for cancer funding, and creates a single point of contact for cancer information and strategy. The 2012 amendments integrated the Institute's staff into the NSW Health Service, streamlining employment arrangements while maintaining the Institute's independent corporate status."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has been amended since enactment (see amendment notes). Key scope changes in the text: the Institute’s relationship with the Health Services Act (s21A) was formalised; investment rules were updated (s18); board membership and appointment mechanics were amended (s8, Schedule 1); staff employment and transfers were addressed (s12, Schedule 3); and the New South Wales Cancer Council was converted into a company (Schedule 2). These amendments alter administrative, financial and institutional arrangements set out in the original Act."},"complexity_factors":["Cross‑references and interaction with other statutes (Health Services Act 1997, Government Sector Finance Act 2018, Corporations Act 2001) increase interpretive complexity","Significant ministerial discretion (appointment, removal, approvals for land transactions and oversight of delegations) concentrates decision points","Detailed governance rules for Board composition, committees, conflicts of interest and meeting procedure (Schedule 1)","Limits on employment (Institute cannot directly employ staff) require reliance on NSW Health employment structures (s12)","Data collection powers subject to consent of Secretary for some public bodies (s13) create conditional compliance paths","Property, gifts and investment powers with statutory constraints and trust‑term exceptions (ss15–18)","Transitional and savings provisions, including conversion of the New South Wales Cancer Council into a company (Schedule 2) and staff transfers (Schedule 3), add implementation steps","Delegation, by‑law and regulation-making powers delegate operational detail and create layers of secondary instruments (ss19–20, 25)"],"plain_english_summary":"This Act creates the Cancer Institute (NSW) as a statutory corporation, sets its objectives (research, prevention, treatment, information and coordination), establishes a Minister‑appointed Board and a Chief Cancer Officer, and gives the Institute powers to contract, hold property, accept gifts, invest funds and collect cancer‑related data.\n\nThe Minister appoints and may remove Board members (s7, s11); the Institute cannot directly employ staff (s12) and must report annually (s14). Funding comes from designated public appropriations and donations; ministerial approvals are required for land transactions (s15) and certain delegations and rules shape operational discretion."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act has been amended nine times between 2003 and 2018, suggesting its scope and functions have expanded or been refined over time. The involvement of three separate Ministers (Health, Regional Health, and Mental Health) in its current administration indicates the Institute's remit has broadened beyond its original focus, likely incorporating regional health equity considerations and potentially links to psycho-oncology or mental health support for cancer patients — areas not prominent in the 2003 original."},"complexity_factors":["Primarily an enabling/establishing Act — sets up a body rather than imposing complex obligations on individuals","Governance provisions (board composition, ministerial oversight, financial accountability) add some structural complexity","Multiple amendments over 15+ years mean the current version differs from the original, requiring version tracking to understand its evolution","Interaction with broader NSW health legislation (e.g., Health Services Act) may create cross-referencing complexity for practitioners","Limited direct impact on ordinary citizens — complexity is mainly administrative and institutional"],"plain_english_summary":"The Act creates the Cancer Institute NSW as the state’s lead agency for cancer control, coordinating research, prevention (including screening and anti-smoking programs), and improvements in treatment and care.  \n\nIt affects NSW residents (patients and those at risk), healthcare providers, researchers and the Health Minister by centralising funding, data and policy to reduce cancer incidence and improve outcomes."}},"importantCases":[],"_links":{"self":"/api/acts/cancer-institute-nsw-act-2003","history":"/api/acts/cancer-institute-nsw-act-2003/history","analysis":"/api/acts/cancer-institute-nsw-act-2003/analysis","conflicts":"/api/acts/cancer-institute-nsw-act-2003/conflicts","importantCases":"/api/acts/cancer-institute-nsw-act-2003/important-cases","documents":"/api/acts/cancer-institute-nsw-act-2003/documents"}}