{"id":"nsw:act-1982-135","name":"Health Administration Act 1982","slug":"health-administration-act-1982","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"135 of 1982","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107946,"registerId":"nsw-act-1982-135-current","compilationNumber":null,"startDate":"2026-04-03","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 may be cited as the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Sections 1, 2, 33 and 34 and Schedule 3 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n3 (Repealed)","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > Corporation means the Health Administration Corporation constituted by section 9.\n> > \n> > Foundation means the New South Wales Health Foundation constituted by section 16.\n> > \n> > Health Secretary means the Secretary of the Ministry.\n> > \n> > health service means any medical, hospital, ambulance, paramedical, community health or environmental health service or any other service (including any service of a prescribed class or description) relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or injury to persons.\n> > \n> > local health district means a local health district constituted under the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> > \n> > Ministry means the Ministry of Health.\n> > \n> > regulations means regulations under this Act.\n> \n> > (1A) The expression “NSW Health” may be used to describe the Corporation, the Ministry and any other body and organisation under the control and direction of the Minister or the Health Secretary.\n> \n> > (2) A reference in this Act to an ambulance service is a reference to a service relating to the work of rendering first aid to, and the transport of, sick and injured persons.\n> \n> > (3) A reference in this Act to—\n> > \n> > > (a) a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> **s 4:** Am 1986 No 52, Sch 1 (1); 1990 No 16, Sch 2; 1991 No 17, Sch 1; 1996 No 30, Sch 2; 1997 No 154, Sch 6.16 \\[1\\]; 2006 No 2, Sch 3 \\[1\\]; 2010 No 52, Sch 3.3; 2010 No 97, Sch 2.10 \\[1\\]; 2011 No 4, Sch 2.12 \\[1\\]; 2016 No 45, Sch 1 \\[2\\] \\[3\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"# Part 2 Administration\n\nPart 2 Administration","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Minister","content":"## Division 1 The Minister\n\nDivision 1 The Minister","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Functions of the Minister","content":"#### 5 Functions of the Minister\n\n5 Functions of the Minister\n\n> > (1) The Minister may formulate general policies, in accordance with which the functions of the Minister, Ministry, Health Secretary, Corporation and Foundation are to be exercised, for the purpose of promoting, protecting, developing, maintaining and improving the health and well-being of the people of New South Wales to the maximum extent possible having regard to the needs of and financial and other resources available to the State.\n> \n> > (2) The Minister may—\n> > \n> > > (a) provide, conduct, operate and maintain and, where necessary, improve and extend any health service or any ancillary or incidental service and arrange for the construction of any buildings or works necessary for or in connection with any such service,\n> > \n> > > (b) enter into any agreement or arrangement for any other person to provide, conduct, operate and maintain any health service, and\n> > \n> > > (c) do such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of the functions under the foregoing provisions of this subsection.\n> \n> > (3) Nothing in this section takes away or affects any function that the Minister has apart from this section.\n> \n> **s 5:** Am 2016 No 45, Sch 1 \\[3\\].","sortOrder":8},{"sectionNumber":"5A","sectionType":"section","heading":"Exercise of Minister’s functions through Corporation, joint ventures or other associations","content":"#### 5A Exercise of Minister’s functions through Corporation, joint ventures or other associations\n\n5A Exercise of Minister’s functions through Corporation, joint ventures or other associations\n\n> > (1) A function of the Minister may, if the Minister so determines, be exercised—\n> > \n> > > (a) by the Corporation, or\n> > \n> > > (b) by the Minister (or by the Corporation) in a partnership, joint venture or other association with other persons or bodies.\n> \n> > (2) A function of the Minister that is exercisable in relation to anything belonging to, or controlled by, the Minister is also exercisable in relation to anything belonging to, or controlled by, the Corporation.\n> \n> > (3) Nothing in this section prevents the Minister from exercising a function in his or her capacity as the Minister and entering into contracts or doing other things on behalf of the Crown.\n> \n> **s 5A:** Ins 2006 No 2, Sch 3 \\[2\\].","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":null,"content":"## Division 2\n\nDivision 2\n\n6, 7 (Repealed)\n\n**pt 2, div 2:** Rep 2006 No 2, Sch 3 \\[3\\].\n\n**s 6:** Rep 2006 No 2, Sch 3 \\[3\\].\n\n**s 7:** Am 1986 No 52, Sch 1 (2); 1990 No 16, Sch 2; 1995 No 11, Sch 1; 1997 No 154, Sch 6.16 \\[2\\]. Rep 2006 No 2, Sch 3 \\[3\\].","sortOrder":10},{"sectionNumber":"Division 3","sectionType":"division","heading":"The Health Secretary","content":"## Division 3 The Health Secretary\n\nDivision 3 The Health Secretary","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Functions of the Health Secretary","content":"#### 8 Functions of the Health Secretary\n\n8 Functions of the Health Secretary\n\n> > (1) The Health Secretary shall have and may exercise such functions as are conferred or imposed on the Health Secretary by or under this or any other Act.\n> \n> > (2) The Health Secretary shall have and may exercise the following functions—\n> > \n> > > (a) to initiate, promote, commission and undertake surveys and investigations into—\n> > > \n> > > > (i) the health needs of the people of New South Wales,\n> > > \n> > > > (ii) the resources of the State available to meet those needs, and\n> > > \n> > > > (iii) the methods by which those needs should be met,\n> > \n> > > (b) to inquire into the nature, extent and standards of the health services, facilities and personnel required to meet the health needs of the people of New South Wales and to determine the cost of meeting those needs,\n> > \n> > > (c) to plan the provision of comprehensive, balanced and co-ordinated health services throughout New South Wales,\n> > \n> > > (d) to formulate the programs and methods by which the health needs of the people of New South Wales may be met,\n> > \n> > > (e) to undertake, promote and encourage research in relation to any health service,\n> > \n> > > (f) to facilitate the provision of health services by any council (within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)) or by any other body or person,\n> > \n> > > (g) to facilitate the provision by any Public Service agency, statutory authority, other body or person of social welfare services necessary or desirable to complement any health service,\n> > \n> > > (h) to promote and facilitate the provision of the professional, technical or other education or training of any persons employed or to be employed in the provision of any health service,\n> > \n> > > (i) to promote and facilitate a system of health care for the people of New South Wales provided by private bodies, institutions, associations and persons, as well as by the State and public bodies,\n> > \n> > > (j) to do such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of the Health Secretary’s functions under the foregoing provisions of this subsection.\n> \n> > (3) The Health Secretary is, in the exercise of functions conferred or imposed on the Health Secretary by or under any Act administered by the Minister for Health, subject to the control and direction of the Minister, except in relation to the contents of a recommendation or report made by the Health Secretary to the Minister.\n> \n> **s 8:** Am 1995 No 11, Sch 1; 2017 No 22, Sch 4.22 \\[1\\].","sortOrder":12},{"sectionNumber":"8A","sectionType":"section","heading":"Exercise of Health Secretary’s functions through Corporation, joint ventures or other associations","content":"#### 8A Exercise of Health Secretary’s functions through Corporation, joint ventures or other associations\n\n8A Exercise of Health Secretary’s functions through Corporation, joint ventures or other associations\n\n> > (1) A function of the Health Secretary may, if the Health Secretary so determines, be exercised—\n> > \n> > > (a) by the Corporation, or\n> > \n> > > (b) by the Health Secretary (or by the Corporation) in a partnership, joint venture or other association with other persons or bodies.\n> \n> > (2) A function of the Health Secretary that is exercisable in relation to anything belonging to, or controlled by, the Health Secretary is also exercisable in relation to anything belonging to, or controlled by, the Corporation.\n> \n> > (3) Nothing in this section prevents the Health Secretary from exercising a function in his or her capacity as the Health Secretary and entering into contracts or doing other things on behalf of the Crown.\n> \n> **s 8A:** Ins 2006 No 2, Sch 3 \\[4\\].","sortOrder":13},{"sectionNumber":"Division 4","sectionType":"division","heading":"The Corporation","content":"## Division 4 The Corporation\n\nDivision 4 The Corporation","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Corporation","content":"#### 9 Corporation\n\n9 Corporation\n\n> > (1) The Health Secretary is, for the purpose of exercising the functions expressed to be conferred or imposed on the Corporation by or under this or any other Act, hereby incorporated as a corporation sole with the corporate name “Health Administration Corporation”.\n> \n> > (2) The Corporation—\n> > \n> > > (a) has perpetual succession,\n> > \n> > > (b) shall have an official seal,\n> > \n> > > (c) may take proceedings, and be proceeded against in its corporate name,\n> > \n> > > (d) subject to this Act, may, for the purposes for which it is constituted, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property,\n> > \n> > > (e) may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the Corporation is constituted, and\n> > \n> > > (f) is, for the purpose of any Act, a statutory body representing the Crown.\n> \n> > (2A) However, the Corporation cannot employ any staff.\n> > \n> > Note—\n> > \n> > Staff may 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 to enable the Corporation to exercise its functions under this or any other Act.\n> \n> > (3) The regulations may make provision for or with respect to—\n> > \n> > > (a) the custody and use of the seal of the Corporation, and\n> > \n> > > (b) the keeping of records concerning the acts, decisions and proceedings of the Corporation.\n> \n> > (4) All courts and persons acting judicially—\n> > \n> > > (a) shall take judicial notice of the seal of the Corporation that has been affixed to any instrument or document, and\n> > \n> > > (b) shall, until the contrary is proved, presume that the seal was properly affixed.\n> \n> > (5) The Corporation is subject to the control and direction of the Minister.\n> \n> **s 9:** Am 2006 No 2, Sch 3 \\[5\\].","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Acquisition of land by Corporation","content":"#### 10 Acquisition of land by Corporation\n\n10 Acquisition of land by Corporation\n\n> > (1) The Corporation, with the approval of the Minister and subject to such terms and conditions as the Minister may attach to the approval, may, for the purpose of the exercise by the Minister, Ministry, Health Secretary, Corporation or Foundation of their functions, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) Without limiting the generality of subsection (1), the Corporation may acquire in any manner authorised by subsection (1)—\n> > \n> > > (a) any land of which that proposed to be acquired under this section forms part, and\n> > \n> > > (b) any land adjoining or in the vicinity of any land proposed to be acquired under this section.\n> \n> > (3) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition of land is taken to be for an authorised work and the Corporation is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (4) Sections 34, 35, 36 and 37 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of works constructed under this Act.\n> \n> > (5) (Repealed)\n> \n> > (6) Nothing in this section affects any operation that the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) would have if this section had not been enacted and the Corporation had not been constituted.\n> \n> **s 10:** Am 1992 No 34, Sch 2; 2016 No 45, Sch 1 \\[3\\].","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Disposal of land by Corporation","content":"#### 11 Disposal of land by Corporation\n\n11 Disposal of land by Corporation\n\n> > (1) The Corporation may, with the approval of the Minister and subject to such terms and conditions as the Minister may attach to the approval, sell, lease, exchange or otherwise deal with or dispose of land that has been acquired by the Corporation under this or any other Act, or any part thereof, and may, with the like approval and subject to the like terms and conditions, grant easements or rights-of-way over any such land so acquired or any part thereof.\n> \n> > (2) The Corporation may request the Minister to give approval to (and the Minister may approve) a disposition of land, being a disposition—\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> > (3) If the Minister has given an approval under this section to a disposition of land, the disposition of the land—\n> > \n> > > (a) is not to be regarded as a breach of any provision of, or any trust arising under, the Crown grant of that land, and\n> > \n> > > (b) does not make the land liable to be forfeited to the Crown.\n> \n> **s 11:** Am 2013 No 24, Sch 1 \\[1\\].","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Power to accept gifts etc","content":"#### 12 Power to accept gifts etc\n\n12 Power to accept gifts etc\n\n> > (1) The Corporation may acquire, for any purpose connected with—\n> > \n> > > (a) the provision of any health service, or\n> > \n> > > (b) any of the functions of the Minister, Ministry, Health Secretary or Corporation,\n> > \n> > any property by gift, devise or bequest and may agree to and carry out the conditions of any such gift, devise or bequest.\n> \n> > (2) The rule of law against remoteness of vesting shall not apply to any such condition to which the Corporation has agreed.\n> \n> **s 12:** Am 2016 No 45, Sch 1 \\[3\\].","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Contracts of Corporation","content":"#### 13 Contracts of Corporation\n\n13 Contracts of Corporation\n\n> > (1) The Corporation may make and enter into contracts or agreements with any person for the performance of services, or for the supply of goods, plant, machinery or material with respect to the exercise by the Minister, Ministry, Health Secretary, Corporation or Foundation of their functions under this or any other Act.\n> \n> > (2) Any such contract or agreement shall be deemed, 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.\n> \n> > (3) The Corporation may, on such terms and conditions as may be agreed upon, sell or let out on hire any goods, plant, machinery or material acquired by it under this or any other Act.\n> \n> **s 13:** Am 2016 No 45, Sch 1 \\[3\\].","sortOrder":19},{"sectionNumber":"13A","sectionType":"section","heading":"Corporation to manage accounts of health professional councils","content":"#### 13A Corporation to manage accounts of health professional councils\n\n13A Corporation to manage accounts of health professional councils\n\n> > (1) The Corporation is to establish in the Special Deposits Account in the Treasury a separate account in respect of each of the health professional councils established under section 41B of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> > (2) There is to be paid into each such account—\n> > \n> > > (a) the money transmitted to the Corporation in accordance with the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), and\n> > \n> > > (b) any other money which may lawfully be paid into the account.\n> \n> > (3) The Corporation may pay out of such an account—\n> > \n> > > (a) amounts required to meet the costs incurred in the administration or execution of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) and the regulations made under that Law, and\n> > \n> > > (b) amounts necessary to meet any costs associated with the employment of NSW Health Service staff to enable the Corporation to exercise its functions in respect of that council.\n> \n> > (3A) For the purposes of section 60 (1) of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), the Corporation is taken to be the statutory body in respect of which persons are employed under Part 4 of that Act to enable a health professional council established under section 41B of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) to exercise its functions. Accordingly, the Corporation is authorised to pay out of an account under this section any employment-related costs that the Corporation is directed to pay under section 60 (1) of that Act.\n> \n> > (4) The Corporation may invest money in such an account—\n> > \n> > > (a) if the Corporation 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 Corporation is permitted to invest money under that Part, or\n> > \n> > > (b) if the Corporation 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 approved by the Treasurer.\n> \n> > (5) The interest or profits accruing from any such investment are to be paid into the relevant account.\n> \n> **s 13A:** Ins 1990 No 12, Sch 2 (1). Am 2006 No 2, Sch 3 \\[6\\] \\[7\\]; 2007 No 89, Sch 2.4; 2010 No 34, Sch 2.21 \\[1\\]–\\[3\\]; 2017 No 22, Sch 4.22 \\[2\\]; 2017 No 50, Sch 5.14 \\[1\\]; 2018 No 70, Sch 3.30.","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14, 15 (Repealed)","sortOrder":21},{"sectionNumber":"Division 5","sectionType":"division","heading":"The Foundation","content":"## Division 5 The Foundation\n\nDivision 5 The Foundation","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Foundation","content":"#### 16 Foundation\n\n16 Foundation\n\n> > (1) There is hereby constituted a Corporation with the corporate name “New South Wales Health Foundation”.\n> \n> > (2) The affairs of the Foundation shall be managed by the Minister.\n> \n> > (3) Any act, matter or thing done in the name of, or on behalf of, the Foundation by the Minister, or with the authority of the Minister, shall be deemed to have been done by the Foundation.\n> \n> > (4) The Foundation—\n> > \n> > > (a) has perpetual succession,\n> > \n> > > (b) shall have an official seal,\n> > \n> > > (c) may take proceedings, and be proceeded against, in its corporate name,\n> > \n> > > (d) subject to this Act, may, for the purposes for which it is constituted, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property,\n> > \n> > > (e) may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the Foundation is constituted, and\n> > \n> > > (f) is, for the purposes of any Act, a statutory body representing the Crown.\n> \n> > (5) The regulations may make provision for or with respect to—\n> > \n> > > (a) the custody and use of the seal of the Foundation, and\n> > \n> > > (b) the keeping of records concerning the acts, decisions and proceedings of the Foundation.\n> \n> > (6) All courts and persons acting judicially—\n> > \n> > > (a) shall take judicial notice of the seal of the Foundation that has been fixed to any instrument or document, and\n> > \n> > > (b) shall, until the contrary is proved, presume that the seal was properly affixed.","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Functions of the Foundation","content":"#### 17 Functions of the Foundation\n\n17 Functions of the Foundation\n\n> > (1) The Foundation shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.\n> \n> > (2) The Foundation may provide funds and make grants, and provide other support, for any purpose connected with—\n> > \n> > > (a) the provision of any health service, or\n> > \n> > > (b) any of the functions of the Minister, Ministry, Health Secretary or Corporation.\n> \n> > (3) The Foundation may, subject to such terms and conditions as it thinks appropriate, give or make available real or personal property (with or without consideration) to or for any person, body or organisation who or which provides any health service.\n> \n> > (4) The Foundation may promote and facilitate the raising of funds by means of public appeal or otherwise by any body, institution, association or person for the purposes of subsection (2) or (3).\n> \n> **s 17:** Am 2016 No 45, Sch 1 \\[3\\].","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Power to accept gifts etc","content":"#### 18 Power to accept gifts etc\n\n18 Power to accept gifts etc\n\n> > (1) The Foundation may acquire, for the purposes for which it is constituted, any property by gift, devise or bequest and may agree to and carry out the conditions of any such gift, devise or bequest.\n> \n> > (2) The rule of law against remoteness of vesting shall not apply to any such condition to which the Foundation has agreed.\n> \n> > (3) The Foundation may act as trustee of money or other property vested in the Foundation upon trust.\n> \n> > (4) The Corporation may, with the approval of the Minister, declare, by instrument published in the Gazette, any specified property (including money) acquired by the Corporation under section 12 to be property to which this subsection applies, and the property thereupon becomes vested in the Foundation, and any relevant condition to which the Corporation has agreed shall be deemed to be a condition to which the Foundation has agreed.","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"New South Wales Health Foundation Fund","content":"#### 19 New South Wales Health Foundation Fund\n\n19 New South Wales Health Foundation Fund\n\n> > (1) There shall be established and kept in the Treasury an account in the Special Deposits Account to be called the “New South Wales Health Foundation Fund” (referred to in this section as the Fund).\n> \n> > (2) The Fund shall consist of any money received from any source by the Foundation.\n> \n> > (3) There may be paid out of the Fund—\n> > \n> > > (a) all charges, costs and expenses incurred by or with the authority of the Minister in the administration of the Foundation, and\n> > \n> > > (b) all funds and grants provided, and other payments made, by the Foundation in the exercise of its functions.\n> \n> > (4) Any money acquired by the Foundation is taken to be government money for the purposes of the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152) and [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> \n> **s 19:** Am 2021 No 70, Sch 4.46.","sortOrder":27},{"sectionNumber":"Division 6","sectionType":"division","heading":"Councils, committees and advisory bodies","content":"## Division 6 Councils, committees and advisory bodies\n\nDivision 6 Councils, committees and advisory bodies","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Appointment of advisory bodies","content":"#### 20 Appointment of advisory bodies\n\n20 Appointment of advisory bodies\n\n> > (1)–(3) (Repealed)\n> \n> > (4) The Minister may appoint such councils, committees and advisory bodies as the Minister may consider appropriate.\n> \n> > (5) A council, committee or advisory body appointed under this section shall have such functions as the Minister may from time to time direct.\n> \n> > (6) A council, committee or advisory body appointed under this section shall consist of a person appointed as Chairperson by the Minister and such other persons appointed by the Minister as the Minister thinks fit.\n> \n> > (7) The Chairperson and other members so appointed shall hold office for such term as the Minister may specify in respect of each of them in the instruments of their appointment and any such appointment may be terminated by the Minister at any time.\n> \n> > (8) The Chairperson and any other member of a council, committee or advisory body appointed under this section shall each be entitled to be paid such fees and allowances (if any) as may be from time to time determined in respect of the Chairperson or member by the Minister.\n> \n> > (9) The office of a member of a council, committee or advisory body appointed under this section shall, for the purposes of any Act, be deemed not to be an office or place of profit under the Crown.\n> \n> **s 20:** Am 2000 No 53, Sch 2.8 \\[1\\]–\\[4\\].","sortOrder":29},{"sectionNumber":"Division 6A","sectionType":"division","heading":"Medical Services Committee","content":"## Division 6A Medical Services Committee\n\nDivision 6A Medical Services Committee\n\n**pt 2, div 6A:** Ins 1984 No 109, Sch 1 (2).","sortOrder":30},{"sectionNumber":"20A","sectionType":"section","heading":"Definitions","content":"#### 20A Definitions\n\n20A Definitions\n\n> In this Division—\n> \n> Committee means the Medical Services Committee established under section 20B.\n> \n> legislation means legislation of New South Wales, and includes regulations or by-laws made under any Act.\n> \n> patient means a patient or prospective patient of a medical practitioner or of a hospital.\n> \n> subcommittee means a subcommittee of the Committee.\n> \n> **s 20A:** Ins 1984 No 109, Sch 1 (2).","sortOrder":31},{"sectionNumber":"20B","sectionType":"section","heading":"Establishment of Medical Services Committee","content":"#### 20B Establishment of Medical Services Committee\n\n20B Establishment of Medical Services Committee\n\n> > (1) There is hereby established a committee, to be called the “Medical Services Committee”.\n> \n> > (2) The Committee shall consist of 10 medical practitioners, being—\n> > \n> > > (a) a Chairperson appointed as such by the Minister on the nomination of the Committee, and\n> > \n> > > (b) 9 other members appointed by the Minister, of whom—\n> > > \n> > > > (i) 4 shall be appointed on the nomination of the Council of the Australian Medical Association (NSW) Limited, one of whom shall be a general practitioner and one of whom shall be a salaried medical officer,\n> > > \n> > > > (ii) 2 shall be appointed on the nomination of the New South Wales State Committee of the Australian Association of Surgeons, one of whom shall be a salaried specialist,\n> > > \n> > > > (iii) 1 shall be appointed on the nomination of the New South Wales State Committee of the Australian Society of Orthopaedic Surgeons,\n> > > \n> > > > (iv) 1 shall be appointed on the nomination of the New South Wales Section of the Australian Society of Anaesthetists or the appropriate executive body of that Section, and\n> > > \n> > > > (v) 1 shall be appointed on the nomination of the Internal Medicine Society of Australia & New Zealand Incorporated.\n> \n> > (3) The Committee may, after consultation with the Minister, appoint subcommittees of the Committee for the purpose of advising, consulting with and assisting the Committee, and persons may be appointed as members of such a subcommittee whether or not they are members of the Committee.\n> \n> > (4) The members of a subcommittee shall hold office for such term as the Committee may specify in respect of each of them in the instruments of their appointment and any such appointment may be terminated by the Committee at any time.\n> \n> > (5) The office of a member of the Committee or of a subcommittee shall, for the purposes of any Act, be deemed not to be an office or place of profit under the Crown.\n> \n> > (6) Schedule 4 has effect with respect to the Committee.\n> \n> **s 20B:** Ins 1984 No 109, Sch 1 (2). Am 1991 No 17, Sch 1; 1999 No 85, Sch 2.27; 2001 No 112, Sch 1.14.","sortOrder":32},{"sectionNumber":"20C","sectionType":"section","heading":"Functions of Medical Services Committee etc","content":"#### 20C Functions of Medical Services Committee etc\n\n20C Functions of Medical Services Committee etc\n\n> > (1) The functions of the Committee are to advise and consult with the Minister and employees of the Ministry as to—\n> > \n> > > (a) matters affecting the practice of medicine in New South Wales (other than matters arising under State industrial instruments and other industrial matters within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)), and\n> > \n> > > (b) in particular—\n> > > \n> > > > (i) existing and proposed legislation, including proposed amendments to existing legislation, affecting or likely to affect patients or medical practitioners or both, in their respective capacities as such, and\n> > > \n> > > > (ii) existing and proposed administrative arrangements, including proposed changes to existing administrative arrangements, affecting or likely to affect patients or medical practitioners or both, in their respective capacities as such.\n> \n> > (2) The Committee shall have such other functions as the Minister may from time to time determine or as are conferred on it by or under this or any other Act.\n> \n> > (3) A notice may be served on the Committee in any of the following ways—\n> > \n> > > (a) by instrument in writing served on the Chairperson of the Committee,\n> > \n> > > (b) in such manner as the Committee from time to time determines and communicates to the Minister,\n> > \n> > > (c) in such manner as may be prescribed.\n> \n> **s 20C:** Ins 1984 No 109, Sch 1 (2). Am 1996 No 121, Sch 4.26 \\[1\\]; 2016 No 45, Sch 1 \\[3\\]; 2017 No 22, Sch 4.22 \\[3\\].","sortOrder":33},{"sectionNumber":"Division 6B","sectionType":"division","heading":"Quality assurance committees","content":"## Division 6B Quality assurance committees\n\nDivision 6B Quality assurance committees\n\n**pt 2, div 6B:** Ins 1989 No 207, sec 3.","sortOrder":34},{"sectionNumber":"20D","sectionType":"section","heading":"Definitions","content":"#### 20D Definitions\n\n20D Definitions\n\n> In this Division—\n> \n> Committee means a committee declared to be an approved quality assurance committee under section 20E.\n> \n> prescribed establishment means—\n> \n> > (a) any public hospital or public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), or\n> \n> > (b) (Repealed)\n> \n> > (c) an establishment, college, association or other body (other than an industrial or trade union) prescribed by the regulations.\n> \n> service means a health service, and includes any administrative or other service related to a health service.\n> \n> **s 20D:** Ins 1989 No 207, sec 3. Am 1997 No 154, Sch 6.16 \\[3\\].","sortOrder":35},{"sectionNumber":"20E","sectionType":"section","heading":"Approved quality assurance committees","content":"#### 20E Approved quality assurance committees\n\n20E Approved quality assurance committees\n\n> > (1) The Minister may, by order published in the Gazette, declare that a specified committee established by a prescribed establishment is an approved quality assurance committee for the purposes of this Division.\n> \n> > (2) The Minister is not to make such a declaration unless the Minister is satisfied that—\n> > \n> > > (a) the committee is established by or within a prescribed establishment in accordance with the rules or official procedures of the establishment, and\n> > \n> > > (b) its functions are to assess and evaluate services provided by one or more prescribed establishments (whether or not provided by the establishment which established the committee), to report and make recommendations concerning those services and to monitor the implementation of its recommendations, and\n> > \n> > > (c) the committee comprises individuals with training and experience appropriate to the services to be assessed and evaluated by the committee, and\n> > \n> > > (d) the exercise of those functions would be facilitated by the provision of immunities and protections afforded by this Division, and\n> > \n> > > (e) it is in the public interest to restrict the disclosure of information compiled by the committee in the course of the exercise of those functions.\n> \n> **ss 20E–20J:** Ins 1989 No 207, sec 3.","sortOrder":36},{"sectionNumber":"20F","sectionType":"section","heading":"Restrictions on Committees","content":"#### 20F Restrictions on Committees\n\n20F Restrictions on Committees\n\n> > (1) A Committee does not have authority to conduct an investigation relating to the competence of an individual in providing services.\n> \n> > (2) A report furnished or information made available by a Committee must not disclose the identity of an individual who is a provider or recipient of services unless the individual has consented in writing to that disclosure.\n> \n> > (3) A Committee is to have regard to the rules of natural justice in so far as they are relevant to the functions of a Committee.\n> \n> **ss 20E–20J:** Ins 1989 No 207, sec 3.","sortOrder":37},{"sectionNumber":"20G","sectionType":"section","heading":"Disclosure etc of information","content":"#### 20G Disclosure etc of information\n\n20G Disclosure etc of information\n\n> A person who is or was a member of a Committee must not make a record of, or divulge or communicate to any person, any information acquired by the person as such a member, except—\n> \n> > (a) for the purpose of exercising the functions of a member, or\n> \n> > (b) in accordance with the provisions of the regulations as to the furnishing of reports to the Minister or to a prescribed establishment or the making available of information to the public.\n> \n> Maximum penalty—50 penalty units.\n> \n> **ss 20E–20J:** Ins 1989 No 207, sec 3.","sortOrder":38},{"sectionNumber":"20H","sectionType":"section","heading":"Information not to be given in evidence","content":"#### 20H Information not to be given in evidence\n\n20H Information not to be given in evidence\n\n> > (1) A person who is or was a member of a Committee is neither competent nor compellable—\n> > \n> > > (a) to produce before any court, tribunal, board or person any document in his or her possession or under his or her control that was created by, at the request of or solely for the purpose of the Committee, or\n> > \n> > > (b) to divulge or communicate to any court, tribunal, board or person any matter or thing that came to the person’s notice as such a member.\n> \n> > (2) Subsection (1) does not apply to a requirement made in proceedings in respect of any act or omission by a Committee or by a member of a Committee as a member.\n> \n> **ss 20E–20J:** Ins 1989 No 207, sec 3.","sortOrder":39},{"sectionNumber":"20I","sectionType":"section","heading":"Findings of Committee not evidence of certain matters","content":"#### 20I Findings of Committee not evidence of certain matters\n\n20I Findings of Committee not evidence of certain matters\n\n> A finding or recommendation by a Committee as to the need for changes or improvements in relation to a procedure or practice is not admissible as evidence in any proceedings that the procedure or practice is or was careless or inadequate.\n> \n> **ss 20E–20J:** Ins 1989 No 207, sec 3.","sortOrder":40},{"sectionNumber":"20J","sectionType":"section","heading":"Personal liability of members etc","content":"#### 20J Personal liability of members etc\n\n20J Personal liability of members etc\n\n> > (1) Anything done by a Committee, a member of a Committee or any person acting under the direction of a Committee, in good faith for the purposes of the exercise of the Committee’s functions, does not subject such a member or person personally to any action, liability, claim or demand.\n> \n> > (2) Without limiting subsection (1), a member of a Committee has qualified privilege in proceedings for defamation in respect of—\n> > \n> > > (a) any statement made orally or in writing in the exercise of the functions of a member, or\n> > \n> > > (b) the contents of any report or other information published by the Committee.\n> \n> > (3) The members of a Committee are, and are entitled to be, indemnified by the prescribed establishment that established the Committee in respect of any costs incurred in defending proceedings in respect of a liability against which they are protected by this section.\n> \n> **ss 20E–20J:** Ins 1989 No 207, sec 3.","sortOrder":41},{"sectionNumber":"20K","sectionType":"section","heading":"Regulations relating to Committees","content":"#### 20K Regulations relating to Committees\n\n20K Regulations relating to Committees\n\n> The regulations may make provision for or with respect to—\n> \n> > (a) the procedure of Committees and the manner in which they are to exercise their functions, and\n> \n> > (b) permitting or requiring Committees to make specified information available to the public, and\n> \n> > (c) permitting or requiring Committees to furnish reports concerning their activities to the Minister and to prescribed establishments.\n> \n> **s 20K:** Ins 1989 No 207, sec 3. Am 1990 No 108, Sch 2.","sortOrder":42},{"sectionNumber":"Division 6C","sectionType":"division","heading":null,"content":"## Division 6C\n\nDivision 6C\n\n20L–20U (Repealed)\n\n**pt 2, div 6C:** Ins 2004 No 98, Sch 4.2 \\[2\\]. Rep 2018 No 2, Sch 1\\[1\\].\n\n**s 20L:** Ins 2004 No 98, Sch 4.2 \\[2\\]. Am 2005 No 82, Sch 1; 2006 No 2, Sch 3 \\[9\\]; 2010 No 97, Sch 2.10 \\[2\\]; 2011 No 4, Sch 2.12 \\[2\\]; 2014 No 88, Sch 1.12. Rep 2018 No 2, Sch 1\\[1\\].\n\n**s 20M:** Ins 2004 No 98, Sch 4.2 \\[2\\]. Am 2010 No 52, Sch 2.1 \\[1\\] \\[2\\]. Rep 2018 No 2, Sch 1\\[1\\].\n\n**s 20N:** Ins 2004 No 98, Sch 4.2 \\[2\\]. Am 2010 No 52, Sch 2.1 \\[3\\]. Rep 2018 No 2, Sch 1\\[1\\].\n\n**s 20O:** Ins 2004 No 98, Sch 4.2 \\[2\\]. Am 2006 No 2, Sch 3 \\[10\\] \\[11\\]; 2010 No 52, Sch 2.1 \\[2\\] \\[4\\]–\\[8\\]. Rep 2018 No 2, Sch 1\\[1\\].\n\n**s 20P:** Ins 2004 No 98, Sch 4.2 \\[2\\]. Am 2010 No 52, Sch 2.1 \\[9\\]. Rep 2018 No 2, Sch 1\\[1\\].\n\n**s 20Q:** Ins 2004 No 98, Sch 4.2 \\[2\\]. Am 2010 No 52, Sch 2.1 \\[10\\] \\[11\\]. Rep 2018 No 2, Sch 1\\[1\\].\n\n**s 20R:** Ins 2004 No 98, Sch 4.2 \\[2\\]. Subst 2010 No 52, Sch 2.1 \\[12\\]. Rep 2018 No 2, Sch 1\\[1\\].\n\n**s 20S:** Ins 2004 No 98, Sch 4.2 \\[2\\]. Rep 2018 No 2, Sch 1\\[1\\].\n\n**s 20T:** Ins 2004 No 98, Sch 4.2 \\[2\\]. Am 2010 No 52, Sch 2.1 \\[5\\] \\[13\\]. Rep 2018 No 2, Sch 1\\[1\\].\n\n**s 20U:** Ins 2004 No 98, Sch 4.2 \\[2\\]. Rep 2010 No 52, Sch 2.1 \\[14\\].","sortOrder":43},{"sectionNumber":"Division 7","sectionType":"division","heading":"Delegation","content":"## Division 7 Delegation\n\nDivision 7 Delegation","sortOrder":44},{"sectionNumber":"21","sectionType":"section","heading":"Delegation","content":"#### 21 Delegation\n\n21 Delegation\n\n> > (1) The Minister, Health Secretary or Corporation may, by instrument in writing, under seal (in the case of the Corporation), delegate such of their functions (other than this power of delegation) conferred or imposed by or under this or any other Act as are specified in the instrument to any person, and may, by such an instrument, revoke wholly or in part any such delegation.\n> \n> > (2) A delegation under subsection (1) may be made to—\n> > \n> > > (a) a specified person (whether a natural person or a corporation), or\n> > \n> > > (b) a person for the time being holding a specified office.\n> \n> > (3) Except in so far as the instrument of delegation otherwise provides, a person to whom a function has been delegated under subsection (1) may—\n> > \n> > > (a) in the case of a natural person—by writing under the person’s hand, or\n> > \n> > > (b) in the case of a corporation—by writing under its seal,\n> > \n> > authorise another person to exercise the function so delegated, and may, in like manner, revoke wholly or in part any such authority.\n> \n> > (4) An authority under subsection (3) may be given to—\n> > \n> > > (a) a specified person, or\n> > \n> > > (b) a person for the time being holding a specified office.\n> \n> > (5) Any act or thing done or suffered in the exercise of a function by a person to whom the function has been delegated under subsection (1) or by a person authorised by the delegate under subsection (3) to exercise the function has the same force and effect as if it had been done or suffered by the Minister, Health Secretary or Corporation, as the case may require, and shall be deemed to have been done or suffered by the Minister, Health Secretary or Corporation, as the case may require.\n> \n> > (6) A delegation under subsection (1) does not prevent the exercise of a function by the Minister, Health Secretary or Corporation, as the case may require.\n> \n> > (7) The giving of an authority under subsection (3) does not prevent the exercise of a function by the person by whom the authority was given.\n> \n> > (8) A document purporting to be signed by a person as a delegate of the Minister, Health Secretary or Corporation shall be deemed, unless the contrary is established, to have been signed by such a delegate and to have been so signed pursuant to the exercise of a function duly delegated to the person under subsection (1).\n> \n> > (9) A document purporting to be signed by a person authorised by a delegate of the Minister, Health Secretary or Corporation to sign the document shall be deemed, unless the contrary is established, to have been signed by a person so authorised and to have been so signed pursuant to the exercise of a function that the person is duly authorised by such a delegate to exercise.\n> \n> > (10) A delegation or authority under this section may be made or given subject to such conditions or such limitations as to the exercise of any of the functions delegated, or as to time or circumstances, as may be specified in the instrument of delegation or authority.\n> \n> > (11) The provisions of this section are in addition to and not in derogation of any other provision which authorises or provides for the authorisation of a person to exercise any function of the Minister, Health Secretary or Corporation.\n> \n> > (12) This section does not authorise the delegation of any of the following powers—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) the power to conduct an inquiry referred to in section 123 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154),\n> > \n> > > (c) the power to make determinations under section 127 (3) of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> \n> **s 21:** Am 1997 No 154, Sch 6.16 \\[4\\]; 2003 No 40, Sch 1.16; 2020 No 30, Sch 1.22\\[1\\].","sortOrder":45},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Response to incidents","content":"# Part 2A Response to incidents\n\nPart 2A Response to incidents\n\n**pt 2A:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":46},{"sectionNumber":"21A","sectionType":"section","heading":"Definitions","content":"#### 21A Definitions\n\n21A Definitions\n\n> In this Part—\n> \n> assessor means an assessor appointed under Division 2.\n> \n> health practitioner has the same meaning it has in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> health service includes any administrative or other service related to a health service.\n> \n> impairment has the same meaning it has in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> incident reviewer—see section 21L.\n> \n> performance or impairment issue, in relation to a health practitioner, means—\n> \n> > (a) professional misconduct, unsatisfactory professional conduct or unsatisfactory professional performance by the health practitioner, or\n> \n> > (b) the health practitioner suffering from an impairment.\n> \n> professional misconduct and unsatisfactory professional conduct have the same meanings as they have in Part 8 of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> relevant health services organisation—see section 21B.\n> \n> reportable incident means an incident of a type prescribed by the regulations or set out in a document adopted by the regulations.\n> \n> serious adverse event review means a root cause analysis or any other type of review prescribed by the regulations.\n> \n> serious adverse event review team means a serious adverse event review team appointed under Division 3.\n> \n> unsatisfactory professional performance means professional performance that is unsatisfactory within the meaning of Division 5 of Part 8 of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> **s 21A:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":48},{"sectionNumber":"21B","sectionType":"section","heading":"Incidents to which Part applies","content":"#### 21B Incidents to which Part applies\n\n21B Incidents to which Part applies\n\n> This Part applies to the following incidents—\n> \n> > (a) an incident involving the provision of a health service by a local health district, in which case the relevant health services organisation in respect of the incident is the local health district,\n> \n> > (b) an incident involving the provision of a health service by a statutory health corporation prescribed by the regulations, in which case the relevant health services organisation in respect of the incident is the statutory health corporation,\n> \n> > (c) an incident involving the provision of a health service by an affiliated health organisation prescribed by the regulations, in which case the relevant health services organisation in respect of the incident is the affiliated health organisation,\n> \n> > (d) an incident involving the provision of a health service under Chapter 5A (Ambulance services) of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) or the provision of a service under Part 1A of Chapter 10 of that Act, in which case the relevant health services organisation in respect of the incident is the Health Secretary.\n> \n> **s 21B:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":49},{"sectionNumber":"21C","sectionType":"section","heading":"Appointment of assessors to assess incidents","content":"#### 21C Appointment of assessors to assess incidents\n\n21C Appointment of assessors to assess incidents\n\n> > (1) When an incident is reported to the relevant health services organisation in respect of the incident, the organisation must appoint one or more assessors to carry out a preliminary risk assessment of the incident if—\n> > \n> > > (a) it is of the opinion that the incident is (or may be) a reportable incident, or\n> > \n> > > (b) the incident is not a reportable incident but may be the result of a serious systemic problem and the organisation is of the opinion that a preliminary risk assessment of the incident should be carried out.\n> \n> > (2) Assessors may be appointed in response to a particular incident or otherwise.\n> \n> > (3) The persons appointed as assessors in respect of an incident must (subject to the regulations) be persons that the relevant health services organisation reasonably considers can properly carry out a preliminary risk assessment of the incident.\n> \n> **s 21C:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":51},{"sectionNumber":"21D","sectionType":"section","heading":"Functions of assessors in relation to incidents","content":"#### 21D Functions of assessors in relation to incidents\n\n21D Functions of assessors in relation to incidents\n\n> An assessor is to carry out a preliminary risk assessment of the incident and is to provide advice (in writing or otherwise) to the relevant health services organisation to assist the organisation in understanding the events comprising the incident and the measures required to appropriately manage the incident and remove or mitigate any risk.\n> \n> **s 21D:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":52},{"sectionNumber":"21E","sectionType":"section","heading":"Immediate notification if person at risk","content":"#### 21E Immediate notification if person at risk\n\n21E Immediate notification if person at risk\n\n> An assessor must immediately advise the relevant health services organisation in writing if the assessor is of the opinion that the incident in respect of which the assessor was appointed raises matters that indicate a problem giving rise to a risk of serious or imminent harm to a person.\n> \n> **s 21E:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":53},{"sectionNumber":"21F","sectionType":"section","heading":"Outcome of assessment of incidents","content":"#### 21F Outcome of assessment of incidents\n\n21F Outcome of assessment of incidents\n\n> > (1) A relevant health services organisation may only disclose an advice of an assessor or any information obtained from the advice as follows—\n> > \n> > > (a) to provide the advice to the Health Secretary,\n> > \n> > > (b) to notify any person or body authorised under section 23 of the incident,\n> > \n> > > (c) to advise a serious adverse event review team appointed to carry out a serious adverse event review of the incident to which the advice relates,\n> > \n> > > (d) to provide relevant information to a patient involved in the incident, a family member or carer of the patient or a person nominated by any such patient, family member or carer,\n> > \n> > > (e) to a law enforcement agency or regulatory body,\n> > \n> > > (f) in any other manner as may be prescribed by the regulations.\n> \n> > (2) A relevant health services organisation must take reasonable steps to not disclose information that identifies a person (other than the patient involved in the incident) when it provides information under subsection (1) (d).\n> \n> **s 21F:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":54},{"sectionNumber":"21G","sectionType":"section","heading":"Appointment of team to review incidents","content":"#### 21G Appointment of team to review incidents\n\n21G Appointment of team to review incidents\n\n> > (1) The relevant health services organisation in respect of an incident must appoint one or more persons as a serious adverse event review team to carry out a serious adverse event review of the incident if—\n> > \n> > > (a) following the preliminary risk assessment, the organisation is satisfied—\n> > > \n> > > > (i) the incident is a reportable incident, or\n> > > \n> > > > (ii) the incident is not a reportable incident but may be the result of a serious systemic problem and in the organisation’s opinion a serious adverse event review of the incident should be carried out, or\n> > \n> > > (b) the Health Secretary—\n> > > \n> > > > (i) considers the incident is a reportable incident, or may be the result of a serious systemic problem, and\n> > > \n> > > > (ii) directs the organisation to carry out a serious adverse event review of the incident.\n> \n> > (2) Despite subsection (1), a relevant health services organisation may, but is not required to, appoint a serious adverse event review team to carry out a serious adverse event review of an incident—\n> > \n> > > (a) in circumstances prescribed by the regulations, or\n> > \n> > > (b) if the Health Secretary has informed the organisation that the Health Secretary intends to conduct a review of, or an inquiry into, the incident.\n> \n> > (3) The persons appointed as a serious adverse event review team in respect of an incident must (subject to the regulations) be persons that the relevant health services organisation reasonably considers can properly carry out a serious adverse event review of the incident.\n> \n> > (3A) The relevant health services organisation may—\n> > \n> > > (a) replace a member of a serious adverse event review team if the member is unable to complete the serious adverse event review, or\n> > \n> > > (b) appoint one or more additional members to a serious adverse event team if satisfied the appointments are necessary to allow the team to complete the serious adverse event review in a timely and effective way.\n> \n> > (4) The relevant health services organisation is to cause a written record to be kept of the persons appointed as a serious adverse event review team.\n> \n> > (5) The Health Secretary may issue directions setting out the type of serious adverse event review, and the manner in which the serious adverse event review is to be carried out, in respect of an incident or a class of incidents.\n> \n> **s 21G:** Ins 2018 No 2, Sch 1\\[2\\]. Am 2023 No 37, Sch 1\\[1\\] \\[2\\].","sortOrder":56},{"sectionNumber":"21H","sectionType":"section","heading":"Serious adverse event review of incident","content":"#### 21H Serious adverse event review of incident\n\n21H Serious adverse event review of incident\n\n> > (1) A serious adverse event review team is to carry out a serious adverse event review of the incident in respect of which it was appointed.\n> \n> > (2) A serious adverse event review team must, on completion of the serious adverse event review of an incident, provide a report in writing to the relevant health services organisation that sets out a description of the incident and details of the following findings identified by the team—\n> > \n> > > (a) how the incident occurred,\n> > \n> > > (b) any factors that caused or contributed to the incident,\n> > \n> > > (c) any procedures, practices or systems that could be reviewed (areas for review findings) for the purposes of a recommendations report.\n> \n> > (3) After considering the findings of the serious adverse event review team, the relevant health services organisation may (and must if the findings include areas for review findings) direct the team to prepare a report (a recommendations report) setting out its recommendations (if any) as to the need for changes or improvements in relation to a procedure, practice or system (including clinical redesign) arising out of the incident.\n> \n> > (4) The relevant health services organisation may, for the purposes of the preparation of a recommendations report, appoint additional persons to the serious adverse event review team.\n> \n> > (5) The serious adverse event review team must provide the recommendations report in writing to the relevant health services organisation.\n> \n> > (6) Subject to section 21O (Information not to be given in evidence), the contents of a report of a reviewer under this section may be disclosed to any person and used for any purpose.\n> \n> **s 21H:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":57},{"sectionNumber":"21I","sectionType":"section","heading":"Immediate notification if person at risk","content":"#### 21I Immediate notification if person at risk\n\n21I Immediate notification if person at risk\n\n> A serious adverse event review team must immediately advise the relevant health services organisation in writing if it is of the opinion that the incident in respect of which it was appointed raises matters that indicate a problem giving rise to a risk of serious or imminent harm to a person.\n> \n> **s 21I:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":58},{"sectionNumber":"21J","sectionType":"section","heading":"Notification about performance or impairment of health practitioner","content":"#### 21J Notification about performance or impairment of health practitioner\n\n21J Notification about performance or impairment of health practitioner\n\n> > (1) A serious adverse event review team must advise the relevant health services organisation in writing as soon as practicable once it is of the opinion that the incident in respect of which it was appointed raises matters that may involve a performance or impairment issue (other than unsatisfactory professional performance) in relation to a health practitioner.\n> \n> > (2) A serious adverse event review team may advise the relevant health services organisation in writing if it is of the opinion that the incident raises matters that may involve unsatisfactory professional performance by a health practitioner.\n> \n> > (3) A written advice under this section must disclose the identity of the health practitioner to whom the notification relates (regardless of whether the health practitioner consents to the disclosure) and the nature of the concern, and specify whether the notification relates to—\n> > \n> > > (a) professional misconduct, unsatisfactory professional conduct or unsatisfactory professional performance by the health practitioner, or\n> > \n> > > (b) the health practitioner suffering from an impairment.\n> \n> **s 21J:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":59},{"sectionNumber":"21K","sectionType":"section","heading":"Discontinuing serious adverse event review","content":"#### 21K Discontinuing serious adverse event review\n\n21K Discontinuing serious adverse event review\n\n> > (1) The relevant health services organisation may authorise a serious adverse event review team to discontinue taking any further steps in relation to a serious adverse event review of an incident—\n> > \n> > > (a) if advice has been provided to the organisation under section 21J (Notification about performance or impairment of health practitioner) and the organisation is of the opinion that the incident was substantially caused by a performance or impairment issue in relation to a health practitioner and the team is not likely to identify any other root causes, contributory factors or system improvements, or\n> > \n> > > (b) in circumstances prescribed by the regulations.\n> \n> > (2) A serious adverse event review team that is authorised under this section may, if it considers it to be appropriate, determine to take no further steps in relation to the serious adverse event review and in such a case may discontinue the review.\n> \n> **s 21K:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":60},{"sectionNumber":"21L","sectionType":"section","heading":"Meaning of “incident reviewer”","content":"#### 21L Meaning of “incident reviewer”\n\n21L Meaning of “incident reviewer”\n\n> In this Part—\n> \n> incident reviewer means a member of a serious adverse event review team or an assessor.\n> \n> **s 21L:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":62},{"sectionNumber":"21M","sectionType":"section","heading":"Restrictions on incident reviewers","content":"#### 21M Restrictions on incident reviewers\n\n21M Restrictions on incident reviewers\n\n> > (1) An incident reviewer does not have authority to carry out an investigation relating to the competence of an individual in providing services.\n> \n> > (2) Except as otherwise provided by or under this Part, an advice or report furnished by a serious adverse event review team must not disclose—\n> > \n> > > (a) the name or address of an individual who is a provider or recipient of services unless the individual has consented in writing to that disclosure, or\n> > \n> > > (b) as far as is practicable, any other material that identifies, or may lead to the identification of, such an individual.\n> \n> > (3) An incident reviewer is to act in a fair and reasonable manner in the exercise of his or her functions as an incident reviewer.\n> \n> **s 21M:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":63},{"sectionNumber":"21N","sectionType":"section","heading":"Disclosure of information","content":"#### 21N Disclosure of information\n\n21N Disclosure of information\n\n> A person who is or was an incident reviewer must not make a record of, or divulge or communicate to any person, any information acquired by the person as such a reviewer, except—\n> \n> > (a) for the purpose of exercising the functions of an incident reviewer, or\n> \n> > (b) for the purpose of any advice provided as an incident reviewer, or\n> \n> > (c) for the purpose of any advice or report under this Part, or\n> \n> > (d) in accordance with the regulations.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 21N:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":64},{"sectionNumber":"21O","sectionType":"section","heading":"Information not to be given in evidence","content":"#### 21O Information not to be given in evidence\n\n21O Information not to be given in evidence\n\n> > (1) A person is neither competent nor compellable to produce any document or disclose any communication (or to disclose any information that the person obtained from any such document or communication) to a court, tribunal, board, person or body if the document was prepared, or the communication was made, for the dominant purpose of the exercise of a function under this Part by an incident reviewer.\n> \n> > (2) This section does not apply to a requirement made—\n> > \n> > > (a) in proceedings in respect of any act or omission by an incident reviewer, or\n> > \n> > > (b) by a person or body who has been approved by the Health Secretary to carry out a review or audit of an assessment or review by an incident reviewer.\n> \n> **s 21O:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":65},{"sectionNumber":"21P","sectionType":"section","heading":"Advice and reports not to be admitted in evidence","content":"#### 21P Advice and reports not to be admitted in evidence\n\n21P Advice and reports not to be admitted in evidence\n\n> > (1) Evidence as to the contents of an advice or report of an incident reviewer cannot be adduced or admitted in any proceedings.\n> \n> > (2) Subsection (1) does not apply to proceedings in respect of any act or omission by an incident reviewer.\n> \n> **s 21P:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":66},{"sectionNumber":"21Q","sectionType":"section","heading":"Personal liability of incident reviewers","content":"#### 21Q Personal liability of incident reviewers\n\n21Q Personal liability of incident reviewers\n\n> > (1) Anything done by an incident reviewer or any person acting under the direction of an incident reviewer, in good faith for the purposes of the exercise of the incident reviewer’s functions, does not subject the incident reviewer or person personally to any action, liability, claim or demand.\n> \n> > (2) Without limiting subsection (1), an incident reviewer has qualified privilege in proceedings for defamation in respect of—\n> > \n> > > (a) any statement made orally or in writing in the exercise of the functions of an incident reviewer, or\n> > \n> > > (b) the contents of any advice or report or other information published by an incident reviewer.\n> \n> > (3) An incident reviewer is, and is entitled to be, indemnified in respect of any costs incurred in defending proceedings in respect of a liability against which the reviewer is protected by this section by the relevant health services organisation in respect of the incident for which the incident reviewer was appointed.\n> \n> **s 21Q:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":67},{"sectionNumber":"21R","sectionType":"section","heading":"When incident is reported to relevant health services organisation","content":"#### 21R When incident is reported to relevant health services organisation\n\n21R When incident is reported to relevant health services organisation\n\n> > (1) An incident is reported to a relevant health services organisation (other than the Health Secretary) when the incident is reported to—\n> > \n> > > (a) the chief executive of the organisation, or\n> > \n> > > (b) if the incident reporting procedures of the organisation specify another person to whom incidents are to be reported—that other person.\n> \n> > (2) An incident is reported to the Health Secretary when it is reported to the Health Secretary or to a person nominated by the Health Secretary for the purposes of this Part.\n> \n> **s 21R:** Ins 2018 No 2, Sch 1\\[2\\].","sortOrder":69},{"sectionNumber":"21S","sectionType":"section","heading":"Regulations for purposes of Part","content":"#### 21S Regulations for purposes of Part\n\n21S Regulations for purposes of Part\n\n> The regulations may make provision for or with respect to the following—\n> \n> > (a) the appointment of persons as members of a serious adverse event review team or as assessors,\n> \n> > (b) the functions of incident reviewers and the manner in which they are to exercise those functions,\n> \n> > (c) the procedures of a preliminary risk assessment or a serious adverse event review,\n> \n> > (d) permitting or requiring incident reviewers or a relevant health services organisation to make specified information (including personal information and health information) available to the public,\n> \n> > (e) permitting or requiring incident reviewers to furnish reports concerning their activities to the Minister and to relevant health services organisations,\n> \n> > (f) the carrying out of reviews or audits of any preliminary risk assessment or serious adverse event review,\n> \n> > (g) the notification by relevant health services organisations of incidents to persons or bodies who may be required to exercise functions under this Part or Part 4 of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009),\n> \n> > (h) the exchange of information between a relevant health services organisation and persons or bodies who may be required to exercise functions under this Part or Part 4 of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009) for the purposes of the exercise of those functions.\n> \n> **s 21S:** Ins 2018 No 2, Sch 1\\[2\\]. Am 2018 No 73, Sch 2\\[1\\].","sortOrder":70},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":71},{"sectionNumber":"22","sectionType":"section","heading":"Disclosure of information","content":"#### 22 Disclosure of information\n\n22 Disclosure of information\n\n> If a person discloses any information obtained in connection with the administration or execution of this Act or any other Act conferring or imposing responsibilities or functions on the Minister, Ministry, Health Secretary, Corporation or Foundation and the disclosure is not made—\n> \n> > (a) with the consent of the person from whom the information was obtained,\n> \n> > (b) in connection with the administration or execution of this Act or any such other Act,\n> \n> > (c) for the purposes of any legal proceedings arising out of this Act or any such other Act or of any report of any such proceedings,\n> \n> > (d) with other lawful excuse, or\n> \n> > (e) in any other prescribed circumstances,\n> \n> that person is guilty of an offence against this Act and, on conviction by a court of summary jurisdiction, liable to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months.\n> \n> **s 22:** Am 1990 No 11, Sch 2; 1992 No 112, Sch 1; 2016 No 45, Sch 1 \\[3\\].","sortOrder":72},{"sectionNumber":"23","sectionType":"section","heading":"Specially privileged information","content":"#### 23 Specially privileged information\n\n23 Specially privileged information\n\n> > (1) The Minister may, by order published in the Gazette, authorise any specified person or body, including a council, committee or advisory body appointed under section 20(4), to conduct research or conduct investigations into morbidity or mortality occurring within New South Wales.\n> \n> > (2) An authorisation under this section may be of general application or be limited by reference to specified factors or exceptions.\n> \n> > (3) If a person discloses any information obtained in connection with the conduct of research or investigations in accordance with an authorisation under this section (whether or not the authorisation is still in force at the time of the disclosure) and the disclosure is not made—\n> > \n> > > (a) with the consent of the person from whom the information was obtained, or\n> > \n> > > (b) with the approval of the Minister,\n> > \n> > that person is guilty of an offence against this Act and, on conviction by a court of summary jurisdiction, liable to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months.\n> \n> > (4) Notwithstanding anything in subsection (3), a person who has obtained any information in connection with the conduct of research or investigations in accordance with an authorisation under this section is neither competent nor compellable in any proceedings to answer any question, or to produce any documents, relating to any such information (whether or not the authorisation is still in force at the time of the proceedings), except with the approval of the Governor.\n> \n> > (5) Notwithstanding anything in subsection (3), a direction under section 53 (1) of the [Coroners Act 2009](/view/html/inforce/current/act-2009-041), in relation to a person who died or may have died as referred to in paragraph (e) of the definition of reportable death in section 6 (1) of that Act, does not require the production of a document or writing containing information obtained in connection with the conduct of research or investigations in accordance with an authorisation under this section (whether or not the authorisation is still in force at the time the order is served), where the information was obtained from a person who administered or was involved in the administration of the anaesthetic concerned.\n> \n> > (6) Without limiting the operation of this section, this section has effect notwithstanding anything in the [Coroners Act 2009](/view/html/inforce/current/act-2009-041).\n> \n> > (7) An authorisation may be given under this section so as to operate retrospectively, but not so as thereby to affect a disclosure already made.\n> \n> **s 23:** Am 1992 No 112, Sch 1; 1998 No 120, Sch 1.20 \\[1\\] \\[2\\]; 2009 No 41, Schs 3.6 and 4; 2020 No 30, Sch 1.22\\[2\\].","sortOrder":73},{"sectionNumber":"23A","sectionType":"section","heading":"Exchange of information between health officials","content":"#### 23A Exchange of information between health officials\n\n23A Exchange of information between health officials\n\n> > (1) A health official may disclose information that the health official obtains in the exercise of the health official’s functions to another health official for the purposes of enabling the other health official to exercise the other health official’s functions.\n> \n> > (2) A health official may disclose information under this section only if the health official considers that the public interest in disclosing the information outweighs the public interest in protecting the confidentiality of the information and the privacy of any person to whom the information relates.\n> \n> > (3) Nothing in this section limits the ability of a heath official to disclose information under any other Act or law.\n> \n> > (4) In this section—\n> > \n> > health official means a person or body that exercises functions under any of the following—\n> > \n> > > (a) the [Assisted Reproductive Technology Act 2007](/view/html/inforce/current/act-2007-069),\n> > \n> > > (b) the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105),\n> > \n> > > (c) the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a),\n> > \n> > > (d) the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031),\n> > \n> > > (e) the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009),\n> > \n> > > (f) the [Public Health Act 2010](/view/html/inforce/current/act-2010-127),\n> > \n> > > (g) an Act or instrument, or a provision of an Act or instrument, prescribed by the regulations.\n> \n> **s 23A:** Ins 2018 No 73, Sch 2 \\[2\\].","sortOrder":74},{"sectionNumber":"24","sectionType":"section","heading":"Proceedings for offences","content":"#### 24 Proceedings for offences\n\n24 Proceedings for offences\n\n> Proceedings for an offence against this Act may be taken only before the Local Court.\n> \n> **s 24:** Am 1999 No 31, Sch 4.38; 2007 No 94, Sch 4.","sortOrder":75},{"sectionNumber":"25","sectionType":"section","heading":"Protection from liability","content":"#### 25 Protection from liability\n\n25 Protection from liability\n\n> No matter or thing done in good faith for the purposes of executing this Act or any other Act conferring or imposing functions on the Minister, Ministry, Health Secretary, Corporation or Foundation shall subject any person personally to any action, liability, claim or demand.\n> \n> **s 25:** Am 2016 No 45, Sch 1 \\[3\\].","sortOrder":76},{"sectionNumber":"26","sectionType":"section","heading":"Service of documents","content":"#### 26 Service of documents\n\n26 Service of documents\n\n> Any notice, summons, writ or other proceeding required to be served on the Health Secretary, Corporation or Foundation may be served by being left at an office of the Ministry, or, in the case of a notice, by posting it addressed to the Health Secretary, Corporation or Foundation, as the case may be, at an office of the Ministry.\n> \n> **s 26:** Am 2016 No 45, Sch 1 \\[3\\].","sortOrder":77},{"sectionNumber":"27","sectionType":"section","heading":"Authentication of certain documents","content":"#### 27 Authentication of certain documents\n\n27 Authentication of certain documents\n\n> Every summons, process, demand, order, notice, statement, direction or document requiring authentication by the Corporation or Foundation may be sufficiently authenticated without the seal of the Corporation or Foundation if signed by a person authorised to do so by the Corporation or Foundation.","sortOrder":78},{"sectionNumber":"28","sectionType":"section","heading":"Annual report","content":"#### 28 Annual report\n\n28 Annual report\n\n> > (1) As soon as practicable after 30 June, but not later than 31 December, in each year, the Health Secretary shall prepare and furnish to the Minister a report of the work and activities of the Ministry, Corporation and Foundation for the year ending on 30 June in that year.\n> \n> > (2) The Minister shall lay the report, or cause it to be laid, before both Houses of Parliament as soon as practicable after the receipt by the Minister of the report.\n> \n> > (3) A report under subsection (1) may include any report required to be made annually in respect of the Ministry, Corporation or Foundation under any other Act.\n> \n> > (4) In so far as a report under subsection (1) includes any matter that relates to a period in respect of which a report is so required to be made under any other Act, the provision of that other Act which requires the report to be made in respect of that period has no operation.\n> \n> **s 28:** Am 2016 No 45, Sch 1 \\[3\\].","sortOrder":79},{"sectionNumber":"29","sectionType":"section","heading":null,"content":"#### 29\n\n29–31 (Repealed)","sortOrder":80},{"sectionNumber":"32","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 32 Savings, transitional and other provisions\n\n32 Savings, transitional and other provisions\n\n> Schedule 2 has effect.","sortOrder":82},{"sectionNumber":"33","sectionType":"section","heading":"Transfer of health employees","content":"#### 33 Transfer of health employees\n\n33 Transfer of health employees\n\n> Schedule 3 has effect.","sortOrder":83},{"sectionNumber":"34","sectionType":"section","heading":"Regulations","content":"#### 34 Regulations\n\n34 Regulations\n\n> 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.","sortOrder":84},{"sectionNumber":"Part 4","sectionType":"part","heading":null,"content":"# Part 4\n\nPart 4\n\n35 (Repealed)\n\n**pt 4 (s 35):** Ins 1994 No 2, sec 3. Rep 1997 No 154, Sch 6.16 \\[5\\].","sortOrder":85},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 2018 No 73, Sch 2 \\[4\\].","sortOrder":86},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n(Section 32)\n\n**sch 2:** Am 1997 No 154, Sch 6.16 \\[6\\]; 2009 No 15, Sch 1.2 \\[1\\]–\\[4\\]; 2010 No 52, Sch 2.1 \\[15\\] \\[16\\]; 2018 No 73, Sch 2 \\[5\\]; 2018 No 2, Sch 1\\[3\\] \\[4\\].","sortOrder":87},{"sectionNumber":"6","sectionType":"section","heading":"Disposal of certain land by Corporation","content":"#### 6 Disposal of certain land by Corporation\n\n6 Disposal of certain land by Corporation\n\n> For the purposes of section 11, any land that was acquired by the Commission and that becomes land of the Corporation by virtue of this Schedule shall be deemed to have been acquired by the Corporation.","sortOrder":94},{"sectionNumber":"7","sectionType":"section","heading":"Property acquired by gift etc","content":"#### 7 Property acquired by gift etc\n\n7 Property acquired by gift etc\n\n> For the purposes of section 18, any property that was held by the Commission immediately before the appointed day by way of gift, devise or bequest, whether pursuant to section 19A of the [Health Commission Act 1972](/view/pdf/asmade/act-1972-63) or otherwise, and that becomes property of the Corporation by virtue of this Schedule shall be deemed to have been acquired by the Corporation under section 12 of this Act, and any condition subject to which it was so held by the Commission shall be deemed to be a condition to which the Corporation has agreed.","sortOrder":95},{"sectionNumber":"15","sectionType":"section","heading":"Definition","content":"#### 15 Definition\n\n15 Definition\n\n> In this Part—\n> \n> amending Act means the [Health Legislation Amendment Act 2010](/view/html/repealed/current/act-2010-052).","sortOrder":105},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provisions consequent on enactment of Health Legislation Amendment Act (No 3) 2018","content":"# Part 5 Provisions consequent on enactment of Health Legislation Amendment Act (No 3) 2018\n\nPart 5 Provisions consequent on enactment of [Health Legislation Amendment Act (No 3) 2018](/view/html/repealed/current/act-2018-073)","sortOrder":118},{"sectionNumber":"Schedule 2A","sectionType":"schedule","heading":null,"content":"# Schedule 2A\n\nSchedule 2A (Repealed)\n\n**sch 2A, hdg:** Subst 1990 No 108, Sch 2; 2010 No 34, Sch 2.21 \\[4\\]\n\n**sch 2A:** Ins 1990 No 12, Sch 2 (3). Am 2001 No 15, Sch 6.1; 2001 No 16, Sch 6.1; 2001 No 67, Sch 6.2; 2002 No 30, Sch 6.1; 2003 No 45, Sch 2.3; 2003 No 69, Sch 6.1; 2009 No 61, Sch 4.1. Subst 2010 No 34, Sch 2.21 \\[4\\]. Am 2013 No 47, Sch 1.13; 2013 No 111, Sch 1.5. Rep 2017 No 50, Sch 5.14 \\[2\\].","sortOrder":120},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Transfer of health employees","content":"# Schedule 3 Transfer of health employees\n\nSchedule 3 Transfer of health employees\n\n(Section 33)\n\n**sch 3:** Am 1986 No 52, Sch 1 (4); 1990 No 16, Sch 2; 1991 No 94, Sch 1; 1994 No 32, Sch 1; 1996 No 121, Sch 4.26 \\[2\\]; 1997 No 154, Sch 6.16 \\[7\\]; 2016 No 45, Sch 1 \\[3\\].","sortOrder":121},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Medical Services Committee","content":"# Schedule 4 Medical Services Committee\n\nSchedule 4 Medical Services Committee\n\n(Section 20B)\n\n**sch 4:** Ins 1984 No 109, Sch 1 (3). Am 1991 No 17, Sch 1; 2009 No 15, Sch 1.2 \\[5\\] \\[6\\]; 2013 No 24, Sch 1 \\[2\\]; 2016 No 45, Sch 1 \\[5\\]; 2017 No 22, Sch 4.22 \\[3\\].","sortOrder":133}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Enacted to replace the former Health Commission with a streamlined Corporation sole and a dedicated Foundation, the Act has grown well beyond its 1982 administrative focus. Amendments added comprehensive quality-assurance immunities (1989), the Medical Services Committee (1984), management of health-professional council accounts (1990), and an entirely new Part 2A in 2018 that replaced repealed root-cause-analysis rules with a broader incident-review regime. The statute now functions as core clinical-governance legislation, embedding protected serious-adverse-event reviews, mandatory notifications about practitioner performance or impairment (s 21J), and information-exchange powers (s 23A) that extend to multiple regulatory statutes."},"complexity_factors":["Extensive cross-references to at least 15 other Acts including the Health Services Act 1997, Health Practitioner Regulation National Law (NSW), Land Acquisition (Just Terms Compensation) Act 1991, Government Sector Finance Act 2018 and Public Works Act 1912","Layered confidentiality and immunity regimes in Division 6B (quality assurance committees) and Part 2A (incident response) with multiple exceptions and overriding provisions","Numerous repealed sections, divisions and schedules (e.g. former Division 6C, ss 6-7, 14-15, 29-31, Schedule 1) that require tracking amendment history","Defined terms (s 4) that expressly incorporate definitions from other statutes and contain conditional carve-outs","Transitional provisions in Schedule 2 spanning five separate amending Acts with savings for existing RCA teams and retrospective application rules","Nested appointment, delegation and reporting requirements across Minister, Health Secretary, Corporation and review teams"],"plain_english_summary":"**The Health Administration Act 1982** sets up the main government bodies and rules for running public health services across New South Wales.\n\nIt creates the **Health Administration Corporation** (a single legal person that can own land, sign contracts, and hold money on behalf of the government) and the **NSW Health Foundation** (a body that raises donations and gives grants to improve health services). The Act spells out what the Minister for Health, the Health Secretary (the top public servant in the Ministry of Health), local health districts, and other organisations are allowed to do.\n\nIn plain terms it lets the Minister set statewide health policies, buy or sell land for hospitals and clinics, accept gifts, and run or fund health services (including ambulance, community health, and environmental health). It also creates protected processes for reviewing serious incidents and quality of care so staff can speak openly about what went wrong without those discussions being used in court or disciplinary hearings. Advisory committees, including the Medical Services Committee, give doctors a formal voice on how laws and rules affect patients and medical practice.\n\nThe law matters because it balances delivering better health care with protecting honest internal reviews, while making sure public money and land are used properly. It affects every public hospital, ambulance service, health worker, and patient in the NSW public system by shaping how mistakes are examined and how services are planned and funded."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered since its original enactment by several insertions, repeals and amendments recorded within the text. Notable scope changes evident in the source include the later insertion of a comprehensive incident-review regime (Part 2A was inserted in 2018; see heading to Pt 2A and s 21A), repeal of earlier divisions (for example Division 2 repealed, pt 2, div 2: Rep 2006 No 2), and multiple amendments to definitions and functions across the Act (see amendment notes to s 4, s 5, s 9, s 13A and others). The amendments introduced new confidentiality, evidence-exclusion and reviewer-immunity rules (see ss 20G–20J and ss 21N–21Q) and created or adjusted transfer and transitional arrangements for staff (Schedule 3). These textual annotations in the Act show that both operational procedures (incident review, committee roles) and institutional arrangements (delegation, Corporation/Foundation powers, employee transfer mechanisms) have been expanded or reshaped from the Act as originally enacted."},"complexity_factors":["Multiple institutional actors with overlapping roles: Minister, Health Secretary, Corporation (corporation sole), Foundation, local health districts and designated bodies (s 5, s 8, s 9, s 16, s 21B).","Extensive cross-references to other legislation (Health Services Act 1997, Land Acquisition (Just Terms Compensation) Act 1991, Government Sector Finance/Audit Acts, Health Practitioner Regulation National Law) increasing interpretive dependencies (e.g. s 4 definitions, s 10, s 13A).","Layered confidentiality, evidence-exclusion and immunity regimes for committees and incident reviewers with multiple exceptions (s 20F–20J, s 21N–21Q, s 21O–21P, s 23).","A separate, detailed incident-review regime (Part 2A) with stages (preliminary risk assessment, serious adverse event review), reporting duties and notification rules (s 21C–21K, s 21G–21H).","Extensive delegation power with specified non-delegable exceptions and evidentiary presumptions about delegations (s 21).","Transitional and staff-transfer provisions in Schedule 3 preserving employment, leave and superannuation entitlements across organisational transfers (Sch 3 cl 2–7), which add administrative complexity.","Regulatory discretion: the Governor may make regulations for many procedural and information matters (s 34, s 21S, Sch 2 cl 13), meaning many operational details live in delegated instruments.","Multiple repeals and amendments recorded in the text (repairs and insertions noted beside many sections) complicate tracing original vs current scope."],"plain_english_summary":"## What this Act does, who it affects, and how it works (plain English)\n\n- Creates the institutional framework for New South Wales health administration. The Act sets out the roles, powers and relationships of the Minister for Health, the Health Secretary, the Health Administration Corporation (a corporation sole made up of the Health Secretary) and the New South Wales Health Foundation. (See s 5, s 8, s 9, s 16.)\n\n- Gives the Minister express policy and delivery powers. The Minister can set general health policy and may provide, operate, maintain or arrange for others to provide health services and related buildings or works. The Minister may exercise functions directly or through the Corporation, joint ventures or other associations. (See s 5, s 5A.)\n\n- Defines the Health Secretary’s planning, research and facilitation role. The Health Secretary is responsible for needs surveys, planning services, promoting training, encouraging research and facilitating both public and private provision of services. The Secretary is subject to the Minister’s direction except for the content of the Secretary’s recommendations and reports. (See s 8, s 8A.)\n\n- Constitutes the Health Administration Corporation and sets its basic powers and limits. The Corporation (the Health Secretary as a corporation sole) can hold property, sue and be sued, enter contracts and manage functions for the State, but it cannot directly employ staff (staffing is provided under the Health Services Act). The Minister controls and directs the Corporation. (See s 9, note to s 9(2A), s 9(5).)\n\n- Establishes a charitable-style Foundation to receive donations and make grants for health purposes. The Foundation is managed by the Minister; it can accept gifts, act as a trustee and pay out funds from a dedicated Treasury-held account (the New South Wales Health Foundation Fund). Donations held by the Foundation are treated as government money for audit and finance law purposes. (See s 16–19.)\n\n- Authorises land transactions and contracting by the Corporation with Ministerial approval. The Corporation may acquire land (including by compulsory process under the Land Acquisition (Just Terms Compensation) Act) and dispose of land, subject to Ministerial approval and any attached terms. It may enter contracts for goods and services for health functions. (See s 10, s 11, s 13.)\n\n- Provides a structured incident-review regime for health service incidents. Part 2A creates roles and processes for assessors and serious adverse event review teams, sets when a relevant health services organisation must appoint assessors or review teams, requires written reports and sets strict confidentiality, evidence-exclusion and immunity rules for reviewers and their reports. The regime applies to incidents in local health districts, some statutory health corporations, affiliated organisations and some ambulance services. (See Pt 2A: s 21A–21S, particularly s 21B, s 21C–21H, s 21N–21Q.)\n\n- Protects confidentiality of research and some committee work, and limits admissibility of reviewer findings in legal proceedings. The Minister can authorise specified persons or bodies to conduct morbidity/mortality research and then limit disclosure (s 23). Committees and incident reviewers are generally not competent or compellable to produce committee-prepared documents or communications in courts, and advice/reports of reviewers are not admissible in proceedings (subject to limited exceptions). (See s 20G–20J, s 21O–21P, s 23.)\n\n- Regulates exchange of information between health officials with a public-interest test. Health officials may disclose information to other health officials for function-related purposes only where the public interest in disclosure outweighs confidentiality and privacy interests. (See s 23A.)\n\n- Provides for employee transfers and transitional arrangements. Schedule 3 enables the Governor to transfer positions from legacy bodies to designated persons, preserves salary, leave, superannuation rights and other entitlements for transferred employees during transition periods, and prevents termination for redundancy because of the transfers. (See Sch 3, cl 2–9.)\n\n- Allows delegation and sets limits. The Minister, Health Secretary and Corporation may delegate most functions in writing (with conditions), but certain powers cannot be delegated (for example some inquiry and determination powers under the Health Services Act). (See s 21.)\n\nOfficial purpose claims and an evidence-grounded test of their trade-offs\n\n- Official rationale in the text: the Minister may formulate policies and carry out functions \"for the purpose of promoting, protecting, developing, maintaining and improving the health and well-being of the people of New South Wales to the maximum extent possible having regard to the needs of and financial and other resources available to the State\" (s 5(1)). That states a delivery and resource-constrained policy objective.\n\n- How that aim is delivered mechanically: the Act concentrates operational capability in the Minister, the Health Secretary (corporation sole) and the Foundation, and gives them tools — contracting powers (s 5(2)(b), s 13), land acquisition/disposal powers (s 10–11), and finance and gift-management (s 12, s 13A, s 19). It also creates processes to identify and review serious incidents (Pt 2A) to produce findings and recommendations for system change (s 21H).\n\n- Costs, incentives and trade-offs implied by the mechanics:\n  - Who pays: costs are met from State resources and from funds held in Treasury for the Foundation; the Corporation may accept gifts (s 12) and the Foundation’s receipts are held in a Treasury Special Deposits account (s 19(1)–(3)). The State therefore bears baseline costs; private donors can direct some resources into the Foundation (s 17–19). (See s 12, s 19.)\n  - Who decides: the Minister controls policy and the Corporation and manages the Foundation (s 5, s 9(5), s 16(2)). The Health Secretary performs planning functions but is subject to Ministerial direction except for the content of recommendations (s 8(3)). Delegation is broadly available but limited for certain statutory powers (s 21). These provisions concentrate decision-making authority within executive offices. (See s 5, s 8(3), s 9(5), s 21.)\n  - Incentives and private-sector effects: the Act explicitly permits contracting out (s 5(2)(b)), joint ventures and other associations (s 5A, s 8A) and directs the Health Secretary to promote private provision (s 8(2)(i)). Mechanically, that lowers legal barriers to outsourcing and partnership with private bodies, affecting how public services are supplied and who benefits from procurement decisions. (See s 5(2)(b), s 5A, s 8(2)(i).)\n  - Compliance burden and procedural cost: the Act establishes appointment, reporting and confidentiality obligations for committees, reviewers and health organisations (s 20, s 21C–21H, s 21F, s 21S). Organisations must run preliminary risk assessments, conduct reviews when directed and maintain records and reports (s 21C–21H, s 21G(4)). This creates ongoing administrative work and record-keeping costs for public health entities.\n  - Bureaucratic discretion and implementation risk: Ministerial approvals are required for land acquisition/disposal (s 10–11) and Ministerial control is asserted over the Corporation (s 9(5)). Those approvals and directions permit political or executive discretion in major asset and organisational decisions; implementation depends on internal governance and delegated arrangements (s 21). Failure to exercise appropriate controls could create execution risk in procurement, land deals or incident-review follow-up.\n  - Confidentiality and legal risk-shifting: strong evidence-protection and immunity rules for reviewers and committees (s 20H–20J, s 21O–21Q) are designed to encourage candid internal review. The trade-off is reduced availability of review materials in litigation and potential limits on third-party access. The Act also criminalises unauthorised disclosure of information obtained under administration (s 22, s 23(3)).\n  - Concentrated benefits vs diffuse costs: grants, contracts and land transactions create identifiable beneficiaries (contractors, grantees, transferees), while costs (state spending, constraints on legal evidence) are spread across the public and potential litigants. The Act’s mechanics enable concentrated allocation of funds and assets subject to Ministerial approval (s 11, s 17). (See s 11, s 17.)\n\n- Opportunity costs and substitution effects: because the Act permits contracting, joint ventures and the Foundation to fund service providers (s 5A, s 13, s 17), some service delivery that might otherwise be provided directly by public staff could be substituted by private or third-party suppliers. That shifts resources from direct public employment to contracts and grants, with related effects on wages, workforce composition and procurement oversight.\n\n- Compliance and enforcement: breaches of confidentiality attract penalties (s 22, s 23(3)); incident reviewers and committee members have limited compellability but are indemnified when acting in good faith (s 20J, s 21Q), so internal compliance depends on following the Part 2A and committee rules and any regulations the Governor makes (s 34, s 21S).\n\nIn short: the Act establishes a central executive-led health administration structure (Minister, Health Secretary/Corporation and Foundation), enables contracting and private participation, creates formal incident-review and confidentiality regimes, and preserves statutory protections for reviewer candour. The mechanics allocate decision authority to the Minister and Health Secretary (s 5, s 8, s 9), place primary financial responsibility on the State with scope for donated funding (s 12, s 19), and create administrative and legal trade-offs between internal review candour and the availability of review material in external proceedings (s 20H–20J, s 21O–21P)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has clearly evolved well beyond its original 1982 scope. The split of ministerial responsibility across Health, Regional Health, and Mental Health suggests the Act now covers a much broader and more differentiated health system than would have existed at its creation. The many amendments over 40+ years, and the pending integration of medicines and poisons regulation, indicate significant expansion and refinement of scope from what was originally a simpler administrative framework."},"complexity_factors":["The Act has been amended over 35 times since 1982, meaning its current form is a product of layered legislative changes that are difficult to track without reviewing the full text","Responsibility is split across three ministers, creating potential ambiguity about who is accountable for which parts of the health system","Pending amendments from the Medicines, Poisons and Therapeutic Goods Act 2022 are not yet in force, meaning the current version is incomplete relative to what has been legislated","The Act operates as an administrative framework law, meaning its real impact depends heavily on subordinate legislation (regulations, orders, directions) made under it — none of which are visible in this document","Multiple title changes to the top official (Secretary → Director-General → Health Secretary) across different versions creates confusion when reading older documents that reference this Act","Only metadata and version history are provided — the actual substantive provisions of the Act are not visible in the provided content, making full analysis impossible"],"plain_english_summary":"## Health Administration Act 1982 (NSW)\n\n**What is this law?**\nThis is a NSW law that sets up the administrative framework for running the public health system in New South Wales. Essentially, it's the legal backbone that tells the government *how* to organise and manage health services in the state.\n\n**Who is responsible for it?**\nThree ministers share responsibility:\n- The **Minister for Health** (main responsibility)\n- The **Minister for Regional Health**\n- The **Minister for Mental Health**\n\nThis tells you something important: the Act covers a broad range of health services, from city hospitals to rural clinics to mental health facilities.\n\n**Who does it affect?**\n- **Everyone who uses NSW public health services** — this law shapes how those services are organised and delivered\n- **NSW Health workers** — it defines how the health bureaucracy is structured and who is in charge\n- **Health administrators and managers** — it sets out powers, responsibilities, and accountability requirements\n\n**Key things to know:**\n- The law has been amended (updated) **many times** since 1982 — over 35 times based on the version history. This reflects how much the public health system has evolved over four decades.\n- A notable upcoming change: amendments from the *Medicines, Poisons and Therapeutic Goods Act 2022* have been passed but **haven't yet taken effect** — so further changes to how medicines and drugs are regulated within the health system are coming.\n- The title of the top health bureaucrat has changed twice: from 'Secretary' → 'Director-General' → 'Health Secretary' (the current title). This reflects organisational restructures within NSW Health over the years.\n\n**Bottom line:** This law is the engine room of NSW's public health administration. Most ordinary people won't read it directly, but it underpins every interaction you have with a NSW public hospital, community health centre, or mental health service."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/health-administration-act-1982","history":"/api/acts/health-administration-act-1982/history","analysis":"/api/acts/health-administration-act-1982/analysis","conflicts":"/api/acts/health-administration-act-1982/conflicts","importantCases":"/api/acts/health-administration-act-1982/important-cases","documents":"/api/acts/health-administration-act-1982/documents"}}