{"id":"nsw:act-1997-154","name":"Health Services Act 1997","slug":"health-services-act-1997","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"154 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105460,"registerId":"nsw-act-1997-154-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> Expressions used in this Act (or in a particular provision of this Act) that are defined in the Dictionary at the end of the Act have the meanings set out in the Dictionary.\n> \n> Note.\n> \n> Expressions used in this Act (or a particular provision of this Act) that are defined in the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) have the meanings set out in that Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"#### 4 Objects of Act\n\n4 Objects of Act\n\n> The objects of this Act are—\n> \n> > (a) to establish a system of local health districts for the whole of the State to deliver health services and to enable their recognition as health networks for the purposes of the National Health Reform Agreement, and\n> \n> > (b) to constitute statutory health corporations to deliver health services and health support services other than on the basis of a specified area, and\n> \n> > (c) to recognise as affiliated health organisations certain non-government institutions and organisations that provide health services and health support services within the State that contribute significantly to the public health system, and\n> \n> > (c1) to enable the recognition of some statutory health corporations and affiliated health organisations as health networks for the purposes of the National Health Reform Agreement, and\n> \n> > (d) to re-affirm the adoption of the Medicare Principles and Commitments as guidelines for the delivery of public hospital services (within the meaning of section 23E of the [Health Insurance Act 1973](http://www.legislation.gov.au/) of the Commonwealth) and to facilitate the collection of fees from patients of public health organisations in respect of services received by them that are not required to be provided free of charge under the Medicare Agreement, and\n> \n> > (e) to regulate the conditions of contracts of visiting medical officers appointed by public health organisations, and\n> \n> > (f) to facilitate transfers of staff within the public health system and to avoid unnecessary staff redundancies, and\n> \n> > (g) to require visiting practitioners and staff in the public health system to disclose any charge or conviction for a serious sex or violence offence or of a misconduct finding (such as findings of professional misconduct or unsatisfactory professional conduct), and\n> \n> > (h) to specify the action that may be taken in relation to convictions for serious sex or violence offences committed by visiting practitioners or staff in the public health system, and\n> \n> > (i) to make provision for the funding of public health organisations, and\n> \n> > (j) to facilitate the efficient and effective administration of the public health system generally by providing mechanisms for such matters as inquiries, inspections and transfers of resources.\n> \n> **s 4:** Am 2006 No 2, Sch 2 \\[1\\] \\[2\\]; 2010 No 97, Sch 1.1 \\[1\\] \\[2\\]; 2011 No 4, Sch 1.2 \\[2\\]; 2012 No 36, Sch 1 \\[1\\].","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Notes","content":"#### 5 Notes\n\n5 Notes\n\n> Introductions to Chapters and other notes included in this Act are explanatory notes and do not form part of this Act.\n> \n> **s 5:** Am 2004 No 92, Sch 2 \\[2\\]; 2015 No 58, Sch 3.41 \\[1\\].","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"What is the public health system?","content":"#### 6 What is the public health system?\n\n6 What is the public health system?\n\n> For the purposes of this Act, the public health system consists of—\n> \n> > (a) all the local health districts, and\n> \n> > (b) all the statutory health corporations, and\n> \n> > (c) all the affiliated health organisations in respect of their recognised establishments and recognised services, and\n> \n> > (d) the Health Secretary in respect of the provision of ambulance services under Chapter 5A and the provision of services under Part 1A of Chapter 10.\n> \n> **s 6:** Am 2004 No 87, Sch 2 \\[1\\]; 2006 No 2, Sch 2 \\[4\\]; 2010 No 97, Sch 1.1 \\[3\\].","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"What is a public health organisation?","content":"#### 7 What is a public health organisation?\n\n7 What is a public health organisation?\n\n> A public health organisation is—\n> \n> > (a) a local health district, or\n> \n> > (b) a statutory health corporation, or\n> \n> > (c) an affiliated health organisation in respect of its recognised establishments and recognised services.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"What is a local health district?","content":"#### 8 What is a local health district?\n\n8 What is a local health district?\n\n> > (1) A local health district is a local health district constituted under section 17 and specified from time to time in Schedule 1.\n> \n> > (2) The principal reason for constituting local health districts is to facilitate the conduct of public hospitals and health institutions and the provision of health services for residents of the areas of the State in respect of which the districts are constituted.\n> \n> **s 8:** Am 2010 No 97, Sch 1.1 \\[4\\], 1.2 \\[2\\].","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Primary purposes of local health districts","content":"#### 9 Primary purposes of local health districts\n\n9 Primary purposes of local health districts\n\n(cf AHS Act s 19)\n\n> The primary purposes of a local health district in its area are as follows—\n> \n> > (a) to provide relief to sick and injured persons through the provision of care and treatment,\n> \n> > (b) to promote, protect and maintain the health of the community.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Functions of local health districts","content":"#### 10 Functions of local health districts\n\n10 Functions of local health districts\n\n(cf AHS Act ss 19 and 20)\n\n> The functions of a local health district are as follows—\n> \n> > (a) generally to promote, protect and maintain the health of the residents of its area,\n> \n> > (b) to conduct and manage public hospitals, health institutions, health services and health support services under its control,\n> \n> > (c) to give residents outside its area access to such of the health services it provides as may be necessary or desirable,\n> \n> > (d) to achieve and maintain adequate standards of patient care and services,\n> \n> > (e) to ensure the efficient and economic operation of its health services and health support services and use of its resources,\n> \n> > (f) generally to consult and co-operate (as it considers appropriate) with any one or more of the following—\n> > \n> > > (i) the Health Care Complaints Commission constituted under the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105),\n> > \n> > > (ii) health professionals practising in its area,\n> > \n> > > (iii) other individuals and organisations (including voluntary agencies, private agencies and public or local authorities) concerned with the promotion, protection and maintenance of health,\n> \n> > (f1) to co-operate with other local health districts and the Health Secretary in relation to the provision of services involving more than one public health organisation or on a State-wide basis,\n> \n> > (g) to investigate and assess health needs in its area,\n> \n> > (h) to plan future development of health services in its area, and, towards that end—\n> > \n> > > (i) to consult and plan jointly with the Ministry of Health and such other organisations as it considers appropriate, and\n> > \n> > > (ii) to support, encourage and facilitate the organisation of community involvement in the planning of those services, and\n> > \n> > > (iii) to develop strategies to facilitate community involvement in the planning of those services and to report on the implementation of those strategies in annual reports and to the Minister,\n> \n> > (i) to establish and maintain an appropriate balance in the provision and use of resources for health protection, health promotion, health education and treatment services,\n> \n> > (j) to provide services to persons with whom it has contracted or entered into an agreement under section 37(2),\n> \n> > (k) to administer funding for recognised establishments and recognised services of affiliated health organisations where that function has been delegated to it by the Minister under section 129,\n> \n> > (l) to provide training and education relevant to the provision of health services,\n> \n> > (m) to undertake research and development relevant to the provision of health services,\n> \n> > (n) to make available to the public information and advice concerning public health and the health services available within its area,\n> \n> > (o) to carry out such other functions as are conferred or imposed on it by or under this or any other Act or as may be prescribed by the regulations.\n> \n> **s 10:** Am 2001 No 56, Sch 2.21; 2010 No 97, Sch 1.1 \\[5\\]; 2015 No 58, Sch 3.41 \\[2\\].","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"What is a statutory health corporation?","content":"#### 11 What is a statutory health corporation?\n\n11 What is a statutory health corporation?\n\n> > (1) A statutory health corporation is a statutory health corporation constituted under section 41 and specified from time to time in Schedule 2.\n> \n> > (2) The principal reason for constituting statutory health corporations is to enable certain health services and health support services to be provided within the State other than on an area basis.\n> \n> Note.\n> \n> Statutory health corporations are intended to replace the system of incorporated hospitals and corporatised boards of directors of associated organisations established under Part 4 and Division 2 of Part 5A of the [Public Hospitals Act 1929](/view/pdf/asmade/act-1929-8) respectively.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Functions of statutory health corporations","content":"#### 12 Functions of statutory health corporations\n\n12 Functions of statutory health corporations\n\n(cf PH Act ss 27A and 29I)\n\n> A statutory health corporation has the following functions—\n> \n> > (a) to conduct public hospitals or health institutions or to provide health services or health support services (or any combination of these),\n> \n> > (b) to conduct such public hospitals and health institutions and provide such health services or health support services as the Minister determines from time to time under section 53,\n> \n> > (c) to achieve and maintain an adequate standard in the conduct of any public hospital or health institution, or the provision of a health service or health support service, under its control,\n> \n> > (d) to ensure the efficient and economic operation of any such public hospital, health institution, health service or health support service,\n> \n> > (e) to carry out such other functions as are conferred or imposed on it by or under this or any other Act or as may be prescribed by the regulations.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"What is an affiliated health organisation?","content":"#### 13 What is an affiliated health organisation?\n\n13 What is an affiliated health organisation?\n\n> > (1) An affiliated health organisation is an organisation or institution that is an affiliated health organisation under section 62.\n> \n> > (2) An organisation or institution is an affiliated health organisation only in relation to any of its recognised establishments or recognised services.\n> > \n> > Note.\n> > \n> > The Dictionary defines a recognised establishment of an affiliated health organisation to mean a hospital or health institution of the organisation that is listed in column 2 of Schedule 3 next to its name. It also defines a recognised service of an affiliated health organisation to mean a health service or health support service of the organisation that is listed in column 2 of Schedule 3 next to its name.\n> \n> > (3) The principal reason for recognising affiliated health organisations is to enable certain non-profit, religious, charitable or other non-government organisations and institutions to be treated as part of the public health system where they control hospitals, health institutions, health services or health support services that significantly contribute to the operation of that system.\n> \n> Note.\n> \n> Affiliated health organisations are intended to replace the system of separate institutions and associated organisations recognised under Part 5AA and section 29B(1)(a) of the [Public Hospitals Act 1929](/view/pdf/asmade/act-1929-8), respectively.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Functions of affiliated health organisations","content":"#### 14 Functions of affiliated health organisations\n\n14 Functions of affiliated health organisations\n\n(cf PH Act s 29AD)\n\n> The functions of an affiliated health organisation are as follows—\n> \n> > (a) to achieve and maintain an adequate standard in the conduct of its recognised establishments and the provision of its recognised services,\n> \n> > (b) to ensure the efficient and economic operation of those establishments and services,\n> \n> > (c) to carry out such other functions as are conferred or imposed on it by or under this or any other Act or as may be prescribed by the regulations.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"What is a public hospital?","content":"#### 15 What is a public hospital?\n\n15 What is a public hospital?\n\n> A public hospital is—\n> \n> > (a) a hospital controlled by a local health district, or\n> \n> > (b) a hospital controlled by a statutory health corporation, or\n> \n> > (c) a hospital that is a recognised establishment of an affiliated health organisation, or\n> \n> > (d) a hospital controlled by the Crown (including the Minister or the Health Administration Corporation).\n> \n> Note.\n> \n> Clause 2 of Part 2 of the Dictionary provides that a reference in this Act to a hospital controlled by a public health organisation or any other body or person includes a reference to a hospital that is conducted by or on behalf of such an organisation, body or person.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16 (Repealed)","sortOrder":15},{"sectionNumber":"Part 1","sectionType":"part","heading":"Constitution of local health districts","content":"# Part 1 Constitution of local health districts\n\nPart 1 Constitution of local health districts","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Constitution of local health districts","content":"#### 17 Constitution of local health districts\n\n17 Constitution of local health districts\n\n> > (1) There are constituted by this section such local health districts as are specified from time to time in column 1 of Schedule 1.\n> \n> > (2) A local health district is a body corporate with the corporate name specified in column 1 of Schedule 1.\n> \n> **s 17:** Subst 2011 No 4, Sch 1.1 \\[1\\].","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Areas in respect of which local health districts constituted","content":"#### 18 Areas in respect of which local health districts constituted\n\n18 Areas in respect of which local health districts constituted\n\n(cf AHS Act ss 4 and 7)\n\n> > (1) The area in respect of which a local health district is constituted is—\n> > \n> > > (a) if the area comprises a local government area (or part of a local government area) or a local government area constituted as a city (or a part of such a city)—the local government area (or part of a local government area) or city (or part of a city) described in column 2 of Schedule 1 in relation to the local health district, or\n> > \n> > > (b) if the area comprises an area other than a local government area (or part of a local government area)—the area described in any manner (including by reference to a description contained in another document) in column 3 of Schedule 1 in relation to the local health district.\n> \n> > (2) A reference in column 2 of Schedule 1 to a part of a local government area is a reference to such part of the local government area as is described by the regulations for the purposes of that reference.\n> \n> > (3) A reference in column 3 of Schedule 1 to the unincorporated area is a reference to such part of the land within the Western Division of the State as is not within a local government area.","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Amendment of Schedule 1 (Names and areas of local health districts)","content":"#### 19 Amendment of Schedule 1 (Names and areas of local health districts)\n\n19 Amendment of Schedule 1 (Names and areas of local health districts)\n\n(cf AHS Act ss 6 and 8)\n\n> > (1) The Governor may, by order published on the NSW legislation website—\n> > \n> > > (a) amend column 1 of Schedule 1 by inserting, altering or omitting the name of a local health district, or\n> > \n> > > (b) amend column 2 or 3 (or both) of Schedule 1 by inserting, altering or omitting a description of the area in respect of which a local health district is (or was) constituted, or\n> > \n> > > (c) omit Schedule 1 and insert instead a Schedule containing the names of local health districts and descriptions of the areas in respect of which the local health districts are constituted.\n> \n> > (2) If an area in respect of which a local health district is constituted—\n> > \n> > > (a) is described by reference to a local government area that is constituted as a city, and\n> > \n> > > (b) the name of the city (but not the boundaries) is changed,\n> > \n> > a reference in column 2 of Schedule 1 to the old name of the city is taken to include a reference to the new name of the city.\n> \n> > (3) The boundaries of the area in respect of which a local health district that is described by reference to any local government area or part of any local government area are unaffected by a change in the boundaries of the local government area and, for that purpose, the boundaries of the local government area are taken to remain the same as they were when reference to the local government area was included in column 2 of Schedule 1.\n> \n> **s 19:** Am 2009 No 56, Sch 4.27.","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Dissolution, amalgamation or change of name of local health districts","content":"#### 20 Dissolution, amalgamation or change of name of local health districts\n\n20 Dissolution, amalgamation or change of name of local health districts\n\n(cf AHS Act s 9)\n\n> > (1) The Governor may, by order published on the NSW legislation website—\n> > \n> > > (a) dissolve a local health district, or\n> > \n> > > (b) amalgamate 2 or more local health districts, or\n> > \n> > > (c) change the name of a local health district,\n> > \n> > and may, in the order, amend Schedule 1 accordingly.\n> \n> > (2) An order under this section must specify the date (being a date that is on or after the date it is published on the NSW legislation website) on which it takes effect. However, if no date is specified in the order, the order is taken to have specified the date on which it is published on the NSW legislation website as the date on which it takes effect.\n> \n> > (3) An order is not to be made under this section unless the Minister is of the opinion that the order is in the public interest and has recommended to the Governor that the order be made.\n> \n> > (4) A dissolution, amalgamation or change of name under this section may be effected without holding an inquiry.\n> \n> Note.\n> \n> Part 3 of Chapter 10 provides for the transfer by order of the Governor of public hospitals, health institutions, health services, health support services and property between local health districts and statutory health corporations.\n> \n> Section 116 provides for the transfer of staff between public health organisations.\n> \n> **s 20:** Am 2009 No 56, Sch 4.27.","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Consequential and transitional provisions on the making of orders","content":"#### 21 Consequential and transitional provisions on the making of orders\n\n21 Consequential and transitional provisions on the making of orders\n\n(cf AHS Act s 10)\n\n> > (1) Schedule 4 has effect with respect to orders made under this Part.\n> \n> > (2) An order under this Part may contain provisions, not inconsistent with the provisions of or made under Schedule 4, of a savings and transitional nature consequent on the making of the order.","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Provisions relating to the corporate nature of local health districts","content":"#### 22 Provisions relating to the corporate nature of local health districts\n\n22 Provisions relating to the corporate nature of local health districts\n\n(cf AHS Act s 11)\n\n> > (1) A local health district—\n> > \n> > > (a) has perpetual succession, and\n> > \n> > > (b) is to have an official seal, and\n> > \n> > > (c) may take proceedings, and be proceeded against, in its corporate name, and\n> > \n> > > (d) 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 local health district is constituted, and\n> > \n> > > (e) does not represent the Crown.\n> > \n> > Note.\n> > \n> > Section 150(1) of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025) provides for judicial notice to be taken in relation to a seal of any body established under an Act.\n> \n> > (2) However, a local health district cannot employ any staff.\n> > \n> > Note.\n> > \n> > Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable a local health district to exercise its functions.\n> \n> **s 22:** Am 2006 No 2, Sch 2 \\[6\\].","sortOrder":23},{"sectionNumber":"Part 2","sectionType":"part","heading":"Control and management of local health districts","content":"# Part 2 Control and management of local health districts\n\nPart 2 Control and management of local health districts\n\n**ch 3, pt 2:** Subst 2004 No 92, Sch 1 \\[2\\].","sortOrder":24},{"sectionNumber":"Division 1","sectionType":"division","heading":"The chief executive","content":"## Division 1 The chief executive\n\nDivision 1 The chief executive\n\n**ch 3, pt 2, div 1, hdg:** Ins 2004 No 92, Sch 1 \\[2\\].","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Appointment of chief executive","content":"#### 23 Appointment of chief executive\n\n23 Appointment of chief executive\n\n> > (1) A chief executive is to be appointed for each local health district by the local health district board with the concurrence of the Health Secretary.\n> \n> > (2) Any such chief executive is employed in the NSW Health Service and is a NSW Health Service senior executive.\n> \n> **s 23:** Subst 2004 No 92, Sch 1 \\[2\\]. Am 2006 No 2, Sch 2 \\[7\\] \\[8\\]. Subst 2016 No 2, Sch 2 \\[1\\].","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Chief executive to manage and control affairs of local health district","content":"#### 24 Chief executive to manage and control affairs of local health district\n\n24 Chief executive to manage and control affairs of local health district\n\n> > (1) The affairs of a local health district are to be managed and controlled by the chief executive of the district.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, a local health district by its chief executive is taken to have been done by the district.\n> \n> **s 24:** Subst 2004 No 92, Sch 1 \\[2\\]. Am 2010 No 97, Sch 1.2 \\[3\\].","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Functions of chief executive generally","content":"#### 25 Functions of chief executive generally\n\n25 Functions of chief executive generally\n\n> The chief executive of a local health district—\n> \n> > (a) has, and may exercise, such functions as are conferred or imposed on the chief executive by or under this or any other Act, and\n> \n> > (b) is, in the exercise of his or her functions, accountable to the local health district board constituted for the district.\n> \n> **s 25:** Subst 2004 No 92, Sch 1 \\[2\\]. Am 2010 No 97, Sch 1.1 \\[6\\].","sortOrder":28},{"sectionNumber":"Division 2","sectionType":"division","heading":"Local health district boards","content":"## Division 2 Local health district boards\n\nDivision 2 Local health district boards\n\n**ch 3, pt 2, div 2, hdg:** Ins 2004 No 92, Sch 1 \\[2\\].","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Constitution of local health district boards","content":"#### 26 Constitution of local health district boards\n\n26 Constitution of local health district boards\n\n> > (1) A local health district board is to be established for each local health district.\n> \n> > (2) A local health district board is to consist of 6 to 13 persons appointed by the Minister, selected in accordance with subsections (3) and (4).\n> \n> > (3) The Minister is to select the membership of a local health district board so that the membership of the board has an appropriate mix of skills and expertise required to oversee and provide guidance to the district, including members who—\n> > \n> > > (a) have expertise and experience in health management, business management and financial management, and\n> > \n> > > (b) have expertise and experience in the provision of clinical and other health services, and\n> > \n> > > (c) where appropriate, are representatives of universities, clinical schools or research centres, and\n> > \n> > > (d) have knowledge and understanding of the community served by the district, and\n> > \n> > > (e) have other backgrounds, skills, expertise, knowledge or experience appropriate for the district.\n> \n> > (4) A local health district board is to have at least one member (who may also be one of the kinds of members referred to in subsection (3)(a)–(e)) who has expertise, knowledge or experience in relation to Aboriginal health.\n> \n> > (4A) At least 1 member of a local health district board must be a person who identifies as an Aboriginal person.\n> \n> > (5) A member of a local health district board holds office for such period (not exceeding 5 years) as may be specified in the member’s instrument of appointment.\n> \n> > (6) A member whose term of office expires is eligible (if otherwise qualified) for re-appointment, but may not be appointed so as to hold office for more than 10 years in total (whether or not the appointments are consecutive).\n> \n> > (7) One of the members of a local health district board is, by the relevant instrument of appointment or by a further instrument signed by the Minister, to be appointed as the Chairperson of the board.\n> \n> > (8) A member of a local health district board is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.\n> \n> > (9) Schedule 4A includes further provisions with respect to the constitution and procedure of local health district boards.\n> \n> **s 26:** Subst 2004 No 92, Sch 1 \\[2\\]. Am 2010 No 97, Sch 1.1 \\[7\\]. Subst 2011 No 4, Sch 1.1 \\[2\\]. Am 2016 No 45, Sch 2 \\[1\\]–\\[4\\]; 2025 No 30, Sch 4\\[1\\].","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":null,"content":"#### 27\n\n27 (Repealed)","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Functions of local health district boards","content":"#### 28 Functions of local health district boards\n\n28 Functions of local health district boards\n\n> > (1) The local health district board for a local health district has the following functions—\n> > \n> > > (a) to ensure effective clinical and corporate governance frameworks are established to support the maintenance and improvement of standards of patient care and services by the local health district and to approve those frameworks,\n> > \n> > > (b) to approve systems—\n> > > \n> > > > (i) to support the efficient and economic operation of the local health district, and\n> > > \n> > > > (ii) to ensure the district manages its budget to ensure performance targets are met, and\n> > > \n> > > > (iii) to ensure that district resources are applied equitably to meet the needs of the community served by the district,\n> > \n> > > (c) to ensure strategic plans to guide the delivery of services are developed for the local health district and to approve those plans,\n> > \n> > > (d) to provide strategic oversight of and monitor the local health district’s financial and operational performance in accordance with the State-wide performance framework against the performance measures in the performance agreement for the district,\n> > \n> > > (e) to appoint, and exercise employer functions in relation to, the chief executive of the local health district,\n> > \n> > > (e1) to ensure that the number of NSW Health Service senior executives employed to enable the local health district to exercise its functions, and the remuneration paid to those executives, is consistent with any direction by the Health Secretary or condition referred to in section 122(2),\n> > \n> > > (f) to confer with the chief executive of the local health district in connection with the operational performance targets and performance measures to be negotiated in the service agreement for the district under the National Health Reform Agreement,\n> > \n> > > (g) to approve the service agreement for the local health district under the National Health Reform Agreement,\n> > \n> > > (h) to seek the views of providers and consumers of health services, and of other members of the community served by the local health district, as to the district’s policies, plans and initiatives for the provision of health services, and to confer with the chief executive of the district on how to support, encourage and facilitate community and clinician involvement in the planning of district services,\n> > \n> > > (i) to advise providers and consumers of health services, and other members of the community served by the local health district, as to the district’s policies, plans and initiatives for the provision of health services,\n> > \n> > > (j) to endorse the local health district’s annual reporting information for the purposes of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055),\n> > \n> > > (k) to liaise with the boards of other local health districts and specialty network governed health corporations in relation to both local and State-wide initiatives for the provision of health services,\n> > \n> > > (l) such other functions as are conferred or imposed on it by the regulations.\n> \n> > (2) A local health district board must not exercise a function in a way that is inconsistent with the exercise of a function by the Health Secretary (including a function that has been delegated to the Health Secretary).\n> \n> **s 28:** Subst 2004 No 92, Sch 1 \\[2\\]; 2010 No 97, Sch 1.1 \\[9\\]. Am 2012 No 36, Sch 1 \\[1\\]; 2016 No 2, Sch 2 \\[2\\]; 2018 No 2, Sch 2 \\[1\\]; 2018 No 70, Sch 4.49\\[1\\].","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Removal of members of local health district board and appointment of administrator","content":"#### 29 Removal of members of local health district board and appointment of administrator\n\n29 Removal of members of local health district board and appointment of administrator\n\n> > (1) The Minister may at any time, for any reason or no reason and without notice, by order published in the Gazette—\n> > \n> > > (a) remove any member or all members of a local health district board from office, or\n> > \n> > > (b) remove all members of a local health district board from office and appoint, as administrator of the local health district concerned, the chief executive of the district or any other person specified in the order for such period as may be specified in the order.\n> \n> > (2) If the Minister appoints an administrator of a local health district under this section, the Minister is (as soon as is reasonably practicable after the appointment is made) to make a statement in Parliament concerning the basis for the appointment of the administrator.\n> \n> > (3) An administrator of a local health district has and may exercise, subject to any conditions that may be specified in the order by which the administrator is appointed, all the functions of the chief executive and board for that district.\n> \n> > (4) An administrator of a local health district is entitled to be paid from the funds of that district such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the administrator.\n> \n> > (5) The regulations may make provision with respect to administrators of local health districts.\n> \n> **s 29:** Subst 2004 No 92, Sch 1 \\[2\\]; 2010 No 97, Sch 1.1 \\[10\\].","sortOrder":34},{"sectionNumber":"29A","sectionType":"section","heading":null,"content":"#### 29A\n\n29A (Repealed)","sortOrder":35},{"sectionNumber":"Division 3","sectionType":"division","heading":"Other committees and councils","content":"## Division 3 Other committees and councils\n\nDivision 3 Other committees and councils\n\n**ch 3, pt 2, div 3 (s 29B):** Ins 2004 No 92, Sch 1 \\[2\\].","sortOrder":37},{"sectionNumber":"29B","sectionType":"section","heading":"Other committees and councils","content":"#### 29B Other committees and councils\n\n29B Other committees and councils\n\n> The chief executive may establish such committees and councils as he or she considers appropriate to assist the local health district in the exercise of its functions.\n> \n> **ch 3, pt 2, div 3 (s 29B):** Ins 2004 No 92, Sch 1 \\[2\\].","sortOrder":38},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of local health districts","content":"# Part 3 Functions of local health districts\n\nPart 3 Functions of local health districts","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Combined management or assistance in management of public hospitals, health institutions, health services or health support services","content":"#### 30 Combined management or assistance in management of public hospitals, health institutions, health services or health support services\n\n30 Combined management or assistance in management of public hospitals, health institutions, health services or health support services\n\n(cf AHS Act s 22)\n\n> > (1) Any two or more local health districts, or any one or more local health districts and any one or more non-district health organisations, may, by agreement, jointly control and manage any public hospital, health institution, health service or health support service.\n> \n> > (2) A local health district may, by agreement, manage any public hospital, health institution, health service or health support service under the control of another local health district or a non-district health organisation, or assist in that management, for and on behalf of that other local health district or non-district health organisation.\n> \n> > (3) A local health district must not enter into an agreement under this section without the approval of the Minister.\n> \n> > (4) A public hospital, health institution, health service or health support service is not, for the purposes of this or any other Act, to be regarded as being under the control of a local health district because the local health district manages, or assists in the management of, the hospital, health institution, health service or health support service for and on behalf of another local health district or of a non-district health organisation.\n> \n> > (5) In this section—\n> > \n> > non-district health organisation means—\n> > \n> > > (a) a statutory health corporation, or\n> > \n> > > (b) an affiliated health organisation.\n> \n> **s 30:** Am 2011 No 4, Sch 1.2 \\[3\\] \\[4\\].","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Opening and closing of hospitals, health institutions, health services or health support services","content":"#### 31 Opening and closing of hospitals, health institutions, health services or health support services\n\n31 Opening and closing of hospitals, health institutions, health services or health support services\n\n(cf AHS Act s 23)\n\n> > (1) A local health district may, subject to any direction under this Act, at any time establish such hospitals, health institutions, health services or health support services as it thinks necessary for the exercise of its functions.\n> \n> > (2) A local health district may, subject to any direction under this Act, at any time—\n> > \n> > > (a) close any public hospital or health institution, or cease to provide any health service or health support service, under its control, or\n> > \n> > > (b) restrict the range of health care or treatment provided by any public hospital, health institution, health service or health support service under its control.\n> \n> > (3) A local health district must, before implementing any decision to exercise its functions under subsection (1) or (2)—\n> > \n> > > (a) notify the Health Secretary of the decision, and\n> > \n> > > (b) ensure that the decision is appropriate having regard to the functions of the local health district.\n> \n> > (4) (Repealed)\n> \n> **s 31:** Am 2004 No 92, Sch 1 \\[3\\] \\[4\\].","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Determination of role, functions and activities of local health districts","content":"#### 32 Determination of role, functions and activities of local health districts\n\n32 Determination of role, functions and activities of local health districts\n\n> > (1) The Health Secretary may, from time to time, determine the role, functions and activities of any public hospital, health institution, health service or health support service under the control of a local health district and, for that purpose, give any necessary directions to the local health district.\n> \n> > (2) The Minister may direct a local health district to do any of the following if the Minister is satisfied that it is in the public interest to do so—\n> > \n> > > (a) establish any hospital, health institution, health service or health support service,\n> > \n> > > (b) close any public hospital or health institution, or cease to provide any health service or health support service, under its control,\n> > \n> > > (c) restrict the range of health care or treatment provided by any public hospital, health institution or health service under its control.\n> \n> **s 32:** Subst 2004 No 92, Sch 1 \\[5\\]. Am 2010 No 97, Sch 1.1 \\[11\\].","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":null,"content":"#### 33\n\n33 (Repealed)","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Powers in relation to property","content":"#### 34 Powers in relation to property\n\n34 Powers in relation to property\n\n(cf AHS Act s 27)\n\n> > (1) A local health district may do all or any of the following—\n> > \n> > > (a) acquire land (including an interest in land), for the purpose of the exercise of its functions, by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) and acquire any other property (whether or not the land or other property is required for the purposes of any public hospital, health institution, health service or health support service under the control of the local health district),\n> > \n> > > (b) sell, lease, mortgage or otherwise dispose of land or any other property,\n> > \n> > > (c) dedicate land as a public road under the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (2) A local health district must not, without the approval of the Minister, do any of the following—\n> > \n> > > (a) acquire land by any means,\n> > \n> > > (b) dispose of land by sale, lease, mortgage or otherwise,\n> > \n> > > (c) dedicate land as a public road.\n> \n> > (3) A local health district may request the Minister to give approval to (and the Minister may approve) a disposition or dedication of land or a use of land, being a disposition, dedication or use—\n> > \n> > > (a) that is contrary to a provision of, or a trust arising under, the Crown grant of that land, or\n> > \n> > > (b) that, if this section had not been enacted, may make the land liable to be forfeited to the Crown.\n> \n> > (4) If the Minister has given an approval under this section to a disposition or dedication of land, or to a use of land, neither the disposition or dedication of the land (or its subsequent use) nor the use of the land—\n> > \n> > > (a) is to be regarded as a breach of any provision of, or any trust arising under, the Crown grant of that land, or\n> > \n> > > (b) is to make the land liable to be forfeited to the Crown.","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Application of Public Works Act 1912","content":"#### 35 Application of Public Works Act 1912\n\n35 Application of [Public Works Act 1912](/view/html/inforce/current/act-1912-045)\n\n(cf AHS Act s 28)\n\n> > (1) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any acquisition of land under section 34(1)(a) is taken to be for an authorised work and the local health district concerned is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (2) 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.","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Power to accept property by gifts, devises and bequests","content":"#### 36 Power to accept property by gifts, devises and bequests\n\n36 Power to accept property by gifts, devises and bequests\n\n(cf AHS Act s 29)\n\n> > (1) A local health district may acquire any property by gift, devise or bequest and may agree to and carry out the conditions of any such gift, devise or bequest, but only if the carrying out of any such conditions is not inconsistent with the purposes and functions of the district.\n> \n> > (2) The rule of law against remoteness of vesting does not apply to any such condition to which a local health district has agreed.\n> \n> > (3) A local health district may act as trustee of money or other property vested in the local health district on trust.\n> \n> **s 36:** Am 2010 No 97, Sch 1.2 \\[4\\].","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Contracts of local health district","content":"#### 37 Contracts of local health district\n\n37 Contracts of local health district\n\n(cf AHS Act s 30)\n\n> > (1) A local health district 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, by that person with respect to the exercise by the local health district of its functions conferred or imposed by or under this or any other Act.\n> \n> > (2) A local health district may also, with the approval of the Health Secretary, make and enter into contracts or agreements with any person for the provision of any service by the local health district to that person. Any such contract or agreement may extend to the provision of the service outside the area of the local health district.\n> \n> > (3) Any contract or agreement under this section is taken, for the purposes of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032), to be a contract or agreement for or on account of the Public Service of New South Wales.\n> \n> **s 37:** Am 2004 No 92, Sch 1 \\[6\\].","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Investments","content":"#### 38 Investments\n\n38 Investments\n\n(cf AHS Act s 31)\n\n> > (1) A local health district may invest money held by it—\n> > \n> > > (a) if the local health district 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 local health district is permitted to invest money under that Part, or\n> > \n> > > (b) if the local health district is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.\n> \n> > (2) A local health district may at any time dispose of any of its investments and apply the proceeds for the purpose of exercising its functions.\n> \n> > (3) This section is, in relation to the investment of any funds, subject to the terms of any trust applying to those funds.\n> \n> **s 38:** Am 2018 No 70, Sch 3.31 \\[1\\].","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Local health district by-laws","content":"#### 39 Local health district by-laws\n\n39 Local health district by-laws\n\n> > (1) Power to make model by-laws The Health Secretary may make model by-laws, not inconsistent with this Act or the regulations, for or with respect to the following—\n> > \n> > > (a) the management of any public hospital, health institution, health service or health support service under the control of a local health district,\n> > \n> > > (b) the provision of hospital services and other health services to patients of any public hospital or health institution under the control of a local health district and to other persons,\n> > \n> > > (c) the appointment, control and governance of visiting practitioners in connection with public hospitals, health institutions and health services under the control of a local health district, including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service,\n> > \n> > > (d) regulating or prohibiting smoking at any public hospital, health institution or health service under the control of a local health district, including by designating an area as a smoke-free area for the purposes of section 6A (Smoke-free areas—outdoor public places) of the [Smoke-free Environment Act 2000](/view/html/inforce/current/act-2000-069),\n> > \n> > > (e) the custody and use of the seal of a local health district,\n> > \n> > > (f) the keeping of records concerning a local health district’s acts and decisions,\n> > \n> > > (g) the appointment and functions of the councils and committees of a local health district.\n> \n> > (2) Publication of model by-laws The Health Secretary may publish an order on the NSW legislation website setting out the terms of model by-laws.\n> \n> > (3) Adoption of model by-laws A local health district may make by-laws that adopt the provisions of the model by-laws as published on the NSW legislation website in respect of the area in which the local health district is constituted with such additions, omissions or other modifications (if any) as may be made by it in accordance with this section.\n> \n> > (4) Modification to, and omission of, provisions of model by-laws A local health district may make modifications to, or omit, a provision of the model by-laws only with the approval of the Health Secretary.\n> \n> > (5) Additional by-laws A local health district may make additional by-laws in relation to matters specified in subsection (1) but not covered by the model by-laws provided the additional by-laws are not inconsistent with the model by-laws. A copy of any such additional by-laws are to be provided to the Health Secretary within 30 days of the making of the by-laws.\n> \n> > (6) Precondition for making of certain by-laws A model by-law or by-law may not be made for or with respect to any matter referred to in subsection (1)(c) unless the Health Secretary or local health district (as the case requires) has received advice from the Medical Services Committee in relation to the substance of the model by-law or by-law proposed to be made.\n> \n> > (7) Exception to precondition Subsection (6) does not apply to a model by-law or by-law if the Medical Services Committee does not furnish advice to the Health Secretary or local health district (as the case requires) in relation to the relevant model by-law or by-law—\n> > \n> > > (a) within 30 days after a notice from the Health Secretary or local health district requesting such advice has been served on the Committee, or\n> > \n> > > (b) within such further period as the Health Secretary or local health district may specify in the notice or in another notice served on the Committee.\n> \n> > (8) What by-laws may provide for A provision of a model by-law or by-law may do any one or any combination of the following—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind,\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.\n> \n> > (9) Power to amend or repeal by-laws A power to make model by-laws or by-laws includes the power to amend or repeal any model by-law or by-law made in the exercise of that power.\n> \n> > (10) Judicial notice Judicial notice is to be taken of a by-law authenticated by the seal of the local health district concerned or in accordance with section 135. It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of the by-law have been complied with and performed.\n> \n> **s 39:** Am 2004 No 92, Sch 1 \\[7\\] \\[8\\]; 2006 No 2, Sch 2 \\[10\\]; 2012 No 56, Sch 2 \\[1\\]. Subst 2016 No 45, Sch 2 \\[5\\].","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Delegations by local health district","content":"#### 40 Delegations by local health district\n\n40 Delegations by local health district\n\n(cf AHS Act s 34)\n\n> > (1) A local health district may delegate any of its functions (other than a function set out in subsection (1A)) to—\n> > \n> > > (a) any member of the NSW Health Service, or\n> > \n> > > (b) a visiting practitioner, council or committee appointed by the local health district, or\n> > \n> > > (c) a body appointed by the Minister or Health Secretary under this or any other Act, or\n> > \n> > > (d) a person or body of a class prescribed by the regulations.\n> > \n> > Note.\n> > \n> > Section 49 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains general provisions relating to the delegation of functions.\n> \n> > (1A) A local health district cannot delegate—\n> > \n> > > (a) its power of delegation under this section, or\n> > \n> > > (b) its functions under section 31(2), or\n> > \n> > > (c) the power to make by-laws.\n> \n> > (2) The Health Secretary may give any direction to a local health district concerning delegations under this section that the Health Secretary thinks fit.\n> \n> > (3) Nothing in this section authorises a local health district to delegate the whole of its functions to another person.\n> \n> > (4) (Repealed)\n> \n> **s 40:** Am 2004 No 92, Schs 1 \\[9\\], 2 \\[7\\]; 2006 No 2, Sch 2 \\[11\\] \\[12\\]; 2010 No 52, Sch 3.4 \\[1\\].","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Constitution of statutory health corporations","content":"#### 41 Constitution of statutory health corporations\n\n41 Constitution of statutory health corporations\n\n(cf AHS Act s 5, PH Act s 18(1))\n\n> > (1) There are constituted by this section such statutory health corporations as are specified from time to time in Schedule 2.\n> \n> > (2) A statutory health corporation is a body corporate with the corporate name specified in Schedule 2.\n> \n> > (3) A statutory health corporation is to be a chief executive governed health corporation, a board governed health corporation or a specialty network governed health corporation, as specified from time to time in Schedule 2.\n> \n> **s 41:** Am 2004 No 92, Sch 1 \\[10\\]; 2010 No 97, Sch 1.1 \\[12\\]; 2011 No 4, Sch 1.1 \\[3\\].","sortOrder":53},{"sectionNumber":"42","sectionType":"section","heading":"Amendment of Schedule 2 (Statutory health corporations)","content":"#### 42 Amendment of Schedule 2 (Statutory health corporations)\n\n42 Amendment of Schedule 2 (Statutory health corporations)\n\n(cf AHS Act s 6, PH Act s 18(2) and (2A))\n\n> The Governor may, by order published on the NSW legislation website—\n> \n> > (a) amend Schedule 2 by inserting, altering or omitting the name of a statutory health corporation, or\n> \n> > (a1) amend Schedule 2 by changing its governance from—\n> > \n> > > (i) chief executive governance to board governance or specialty network governance, or\n> > \n> > > (ii) board governance to chief executive governance or specialty network governance, or\n> > \n> > > (iii) specialty network governance to chief executive governance or board governance, or\n> \n> > (b) omit Schedule 2 and insert instead a Schedule containing the names of statutory health corporations and the nature of their governance.\n> \n> **s 42:** Am 2004 No 92, Sch 1 \\[11\\] \\[12\\]; 2009 No 56, Sch 4.27; 2010 No 97, Sch 1.1 \\[13\\]; 2011 No 4, Sch 1.1 \\[4\\].","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Dissolution, transfer, amalgamation or change of name or nature of governance of statutory health corporations","content":"#### 43 Dissolution, transfer, amalgamation or change of name or nature of governance of statutory health corporations\n\n43 Dissolution, transfer, amalgamation or change of name or nature of governance of statutory health corporations\n\n(cf AHS Act ss 9 and 21, PH Act ss 13A, 14 and 15)\n\n> > (1) The Governor may, by order published on the NSW legislation website—\n> > \n> > > (a) dissolve a statutory health corporation, or\n> > \n> > > (b) transfer a statutory health corporation to a local health district, or\n> > \n> > > (c) amalgamate 2 or more statutory health corporations, or\n> > \n> > > (d) change the name or nature of governance of a statutory health corporation,\n> > \n> > and may, in the order, amend Schedules 1 and 2 accordingly.\n> \n> > (2) An order under this section must specify the date (being a date that is on or after the date it is published on the NSW legislation website) on which it takes effect. However, if no date is specified in the order, the order is taken to have specified the date on which it is published on the NSW legislation website as the date on which it takes effect.\n> \n> > (3) An order is not to be made under this section unless the Minister is of the opinion that the order is in the public interest and has recommended to the Governor that the order be made.\n> \n> > (4) A dissolution, transfer, amalgamation or change of name or nature of governance under this section may be effected without holding an inquiry.\n> \n> Note.\n> \n> Part 3 of Chapter 10 provides for the transfer by order of the Governor of public hospitals, health institutions, health services, health support services and property between local health districts and statutory health corporations.\n> \n> Section 116 provides for the transfer of staff between public health organisations.\n> \n> **s 43:** Am 2004 No 92, Sch 2 \\[10\\] \\[11\\]; 2009 No 56, Sch 4.27.","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Consequential and transitional provisions on the making of orders","content":"#### 44 Consequential and transitional provisions on the making of orders\n\n44 Consequential and transitional provisions on the making of orders\n\n(cf AHS Act ss 10 and 21 and Sch 6, PH Act ss 14, 15 and 19)\n\n> > (1) Schedule 4 has effect with respect to orders made under this Part.\n> \n> > (2) An order under this Part may contain provisions, not inconsistent with the provisions of or made under Schedule 4, of a savings and transitional nature consequent on the making of the order.","sortOrder":56},{"sectionNumber":"45","sectionType":"section","heading":"Provisions relating to the corporate nature of statutory health corporations","content":"#### 45 Provisions relating to the corporate nature of statutory health corporations\n\n45 Provisions relating to the corporate nature of statutory health corporations\n\n(cf AHS Act s 11, PH Act s 18(3))\n\n> > (1) A statutory health corporation—\n> > \n> > > (a) has perpetual succession, and\n> > \n> > > (b) is to have an official seal, and\n> > \n> > > (c) may take proceedings, and be proceeded against, in its corporate name, and\n> > \n> > > (d) 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> > > (e) does not represent the Crown.\n> > \n> > Note.\n> > \n> > Section 150(1) of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025) provides for judicial notice to be taken in relation to a seal of any body established under an Act.\n> \n> > (2) However, a statutory health corporation cannot employ any staff.\n> > \n> > Note.\n> > \n> > Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable a statutory health corporation to exercise its functions.\n> \n> **s 45:** Am 2006 No 2, Sch 2 \\[13\\].","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Constitution of health corporation boards","content":"#### 46 Constitution of health corporation boards\n\n46 Constitution of health corporation boards\n\n(cf AHS Act s 12, PH Act s 22)\n\n> > (1) There is constituted a health corporation board for each board governed health corporation.\n> \n> > (2) A health corporation board is to be called the “\\[*name of board governed health corporation*\\] Board”.\n> \n> **s 46:** Am 2004 No 92, Sch 2 \\[13\\].","sortOrder":60},{"sectionNumber":"47","sectionType":"section","heading":"Health corporation board to control affairs of board governed health corporation","content":"#### 47 Health corporation board to control affairs of board governed health corporation\n\n47 Health corporation board to control affairs of board governed health corporation\n\n(cf AHS Act s 13, PH Act s 22(1))\n\n> > (1) The affairs of a board governed health corporation are to be controlled by the health corporation board for that corporation.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, a board governed health corporation by the health corporation board for that corporation, or with the authority of that board, is taken to have been done by that corporation.\n> \n> **s 47:** Am 2004 No 92, Sch 2 \\[13\\].","sortOrder":61},{"sectionNumber":"48","sectionType":"section","heading":"Health corporation board subject to control and direction of Minister","content":"#### 48 Health corporation board subject to control and direction of Minister\n\n48 Health corporation board subject to control and direction of Minister\n\n(cf AHS Act s 14, PH Act s 22A(1))\n\n> A health corporation board is subject to the control and direction of the Minister, except in relation to the contents of a recommendation or report made by the board to the Minister.","sortOrder":62},{"sectionNumber":"49","sectionType":"section","heading":"Membership of health corporation board","content":"#### 49 Membership of health corporation board\n\n49 Membership of health corporation board\n\n(cf AHS Act s 15, PH Act s 22(1A))\n\n> > (1) A health corporation board is to consist of the following persons—\n> > \n> > > (a) the chief executive of the board governed health corporation (who holds office as an ex-officio member),\n> > \n> > > (b) persons (not being less than 5 or more than 11) appointed by the Minister.\n> \n> > (2) One of the persons appointed by the Minister is to be a member of the NSW Health Service who is employed in connection with the board governed health corporation concerned.\n> \n> > (3) Subsection (2) does not apply to a health corporation board if less than 50 members of the NSW Health Service are employed to enable the board governed health corporation concerned to exercise its functions.\n> \n> **s 49:** Am 2003 No 52, Sch 1 \\[1\\]; 2004 No 92, Sch 2 \\[13\\]; 2006 No 2, Sch 2 \\[14\\]; 2009 No 15, Sch 1.4 \\[1\\].","sortOrder":63},{"sectionNumber":"50","sectionType":"section","heading":"Provisions relating to members and procedure of boards","content":"#### 50 Provisions relating to members and procedure of boards\n\n50 Provisions relating to members and procedure of boards\n\n(cf AHS Act s 16, PH Act ss 23–27B)\n\n> Schedule 5 has effect with respect to the members and procedure of health corporation boards.","sortOrder":64},{"sectionNumber":"51","sectionType":"section","heading":"Appointment of chief executive of board governed health corporation","content":"#### 51 Appointment of chief executive of board governed health corporation\n\n51 Appointment of chief executive of board governed health corporation\n\n> > (1) A chief executive is to be appointed by the Health Secretary for each board governed health corporation.\n> \n> > (2) Any such chief executive is employed in the NSW Health Service.\n> \n> > (3)–(5) (Repealed)\n> \n> > (6) The affairs of a board governed health corporation are to be managed by the chief executive of the corporation.\n> \n> > (7) The chief executive of a board governed health corporation—\n> > \n> > > (a) has, and may exercise, such functions as are conferred or imposed on the chief executive by or under this or any other Act, and\n> > \n> > > (b) is, in the exercise of his or her functions, subject to the control and direction of the health corporation board for the corporation.\n> \n> **s 51:** Subst 2004 No 92, Sch 1 \\[13\\]. Am 2006 No 2, Sch 2 \\[15\\]; 2009 No 15, Sch 1.4 \\[2\\]; 2016 No 2, Sch 2 \\[3\\].","sortOrder":65},{"sectionNumber":"52","sectionType":"section","heading":"Removal of members and appointment of administrator","content":"#### 52 Removal of members and appointment of administrator\n\n52 Removal of members and appointment of administrator\n\n(cf AHS Act s 18, PH Act s 26)\n\n> > (1) The Governor may at any time, for any reason or no reason and without notice, by order published in the Gazette—\n> > \n> > > (a) remove any member (including the chief executive) or all members of a health corporation board from office, or\n> > \n> > > (b) remove all members of a health corporation board from office and appoint, as administrator of the board governed health corporation concerned, a person specified in the order for such period as may be specified in the order, or\n> > \n> > > (c) remove all members of a health corporation board (other than the chief executive) from office and appoint, as administrator of the board governed health corporation concerned, the chief executive for such period as may be specified in the order.\n> \n> > (2) The chief executive of a board governed health corporation ceases to hold office as chief executive if removed from office as a member of the health corporation board of the corporation.\n> \n> > (3) An administrator of a board governed health corporation has and may exercise, subject to any conditions that may be specified in the order by which the administrator was appointed, all the functions of the health corporation board for that corporation.\n> \n> > (4) An administrator of a board governed health corporation is entitled to be paid from the funds of that corporation such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the administrator.\n> \n> > (5) The regulations may make provision with respect to administrators of board governed health corporations.\n> \n> > (6) If the chief executive of a board governed health corporation is a NSW Health Service senior executive, the removal of the chief executive from office under this section is taken to be a termination of employment under section 121H.\n> \n> > (7) (Repealed)\n> \n> **s 52:** Am 2004 No 92, Schs 1 \\[14\\] \\[15\\], 2 \\[13\\] \\[14\\]; 2006 No 2, Sch 2 \\[16\\]; 2016 No 2, Sch 2 \\[4\\].","sortOrder":66},{"sectionNumber":"52A","sectionType":"section","heading":"Appointment of chief executive of chief executive governed health corporation","content":"#### 52A Appointment of chief executive of chief executive governed health corporation\n\n52A Appointment of chief executive of chief executive governed health corporation\n\n> > (1) A chief executive is to be appointed by the Health Secretary for each chief executive governed health corporation.\n> \n> > (2) Any such chief executive is employed in the NSW Health Service.\n> \n> > (3) If any such chief executive is not a NSW Health Service senior executive, the provisions of Part 3 of Chapter 9 relating to the termination of employment of senior executives extend to the chief executive.\n> \n> **s 52A:** Ins 2004 No 92, Sch 1 \\[16\\]. Am 2006 No 2, Sch 2 \\[17\\]. Subst 2016 No 2, Sch 2 \\[5\\].","sortOrder":68},{"sectionNumber":"52B","sectionType":"section","heading":"Chief executive to manage and control affairs of chief executive governed health corporation","content":"#### 52B Chief executive to manage and control affairs of chief executive governed health corporation\n\n52B Chief executive to manage and control affairs of chief executive governed health corporation\n\n> > (1) The affairs of a chief executive governed health corporation are to be managed and controlled by the chief executive of the corporation.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, a chief executive governed health corporation by its chief executive is taken to have been done by the corporation.\n> \n> **s 52B:** Ins 2004 No 92, Sch 1 \\[16\\].","sortOrder":69},{"sectionNumber":"52C","sectionType":"section","heading":"Functions of chief executive generally","content":"#### 52C Functions of chief executive generally\n\n52C Functions of chief executive generally\n\n> The chief executive of a chief executive governed health corporation has, and may exercise, such functions as are conferred or imposed on the chief executive by or under this or any other Act.\n> \n> **s 52C:** Ins 2004 No 92, Sch 1 \\[16\\]. Subst 2010 No 97, Sch 1.1 \\[15\\].","sortOrder":70},{"sectionNumber":"52D","sectionType":"section","heading":"Advisory councils","content":"#### 52D Advisory councils\n\n52D Advisory councils\n\n> > (1) The Minister may establish an advisory council for each chief executive governed health corporation.\n> \n> > (2) The constitution, procedure and functions of an advisory council are to be as determined by the Minister.\n> \n> **s 52D:** Ins 2004 No 92, Sch 1 \\[16\\].","sortOrder":71},{"sectionNumber":"52E","sectionType":"section","heading":"Other committees and councils","content":"#### 52E Other committees and councils\n\n52E Other committees and councils\n\n> The chief executive may establish such committees and councils as he or she considers appropriate to assist the chief executive governed health corporation in the exercise of its functions.\n> \n> **s 52E:** Ins 2004 No 92, Sch 1 \\[16\\].","sortOrder":72},{"sectionNumber":"52F","sectionType":"section","heading":"Boards of specialty network governed health corporations","content":"#### 52F Boards of specialty network governed health corporations\n\n52F Boards of specialty network governed health corporations\n\n> > (1) A board is to be established for each specialty network governed health corporation.\n> \n> > (2) The provisions of Division 2 of Part 2 of Chapter 3 (except section 26(1)) apply in relation to a board of a specialty network governed health corporation in the same way as they apply to a local health district board, subject to the following modifications—\n> > \n> > > (a) a reference in those provisions (however expressed) to a local health district board is to be read as if it were a reference to the board for a specialty network governed health corporation,\n> > \n> > > (b) a reference in those provisions (however expressed) to a local health district is to be read as if it were a reference to a specialty network governed health corporation,\n> > \n> > > (c) a reference in those provisions (however expressed) to the chief executive of a local health district is to be read as if it were a reference to the chief executive of a specialty network governed health corporation,\n> > \n> > > (d) such other modifications as may be prescribed by the regulations.\n> \n> **s 52F:** Ins 2010 No 97, Sch 1.1 \\[16\\]. Subst 2011 No 4, Sch 1.1 \\[5\\].","sortOrder":74},{"sectionNumber":"52G","sectionType":"section","heading":"Appointment of chief executive of specialty network governed health corporations","content":"#### 52G Appointment of chief executive of specialty network governed health corporations\n\n52G Appointment of chief executive of specialty network governed health corporations\n\n> > (1) A chief executive is to be appointed for each specialty network governed health corporation by the board for the specialty network with the concurrence of the Health Secretary.\n> \n> > (1A) Any such chief executive is employed in the NSW Health Service and is a NSW Health Service senior executive.\n> \n> > (2) Sections 24 and 25 apply in relation to a chief executive of a specialty network governed health corporation in the same way as they apply to a chief executive of a local health district, subject to the following modifications—\n> > \n> > > (a) a reference in those sections to the chief executive of a local health district is to be read as if it were a reference to the chief executive of a specialty network governed health corporation,\n> > \n> > > (b) a reference in those sections to a local health district is to be read as if it were a reference to a specialty network governed health corporation,\n> > \n> > > (c) a reference in those sections to a local health district board is to be read as if it were a reference to the board of a specialty network governed health corporation,\n> > \n> > > (d) such other modifications as may be prescribed by the regulations.\n> \n> **s 52G:** Ins 2010 No 97, Sch 1.1 \\[16\\]. Am 2016 No 2, Sch 2 \\[6\\]–\\[8\\].","sortOrder":75},{"sectionNumber":"53A","sectionType":"section","heading":"Combined management or assistance in management of public hospitals, health institutions, health services or health support services","content":"#### 53A Combined management or assistance in management of public hospitals, health institutions, health services or health support services\n\n53A Combined management or assistance in management of public hospitals, health institutions, health services or health support services\n\n> > (1) Any two or more statutory health corporations may, by agreement, jointly control and manage any public hospital, health institution, health service or health support service.\n> \n> > (2) A statutory health corporation may, by agreement, manage any public hospital, health institution, health service or health support service under the control of another statutory health corporation, or assist in that management, for and on behalf of that other statutory health corporation.\n> \n> > (3) A statutory health corporation must not enter into an agreement under this section without the approval of the Minister.\n> \n> > (4) A public hospital, health institution, health service or health support service is not, for the purposes of this or any other Act, to be regarded as being under the control of a statutory health corporation because the statutory health corporation manages, or assists in the management of, the public hospital, health institution, health service or health support service for and on behalf of another statutory health corporation.\n> \n> **s 53A:** Ins 2010 No 52, Sch 3.4 \\[2\\].","sortOrder":77},{"sectionNumber":"53","sectionType":"section","heading":"Determination of functions of statutory health corporations","content":"#### 53 Determination of functions of statutory health corporations\n\n53 Determination of functions of statutory health corporations\n\n(cf AHS Act s 24, PH Act s 13(4))\n\n> > (1) The relevant authority may, from time to time, determine the role, functions and activities of any public hospital, health institution, health service or health support service under the control of a statutory health corporation and, for that purpose, give any necessary directions—\n> > \n> > > (a) in the case of a chief executive governed health corporation, to the chief executive of that corporation, or\n> > \n> > > (b) in the case of a board governed health corporation, to the health corporation board for that corporation, or\n> > \n> > > (c) in the case of a specialty network governed health corporation, to the corporation.\n> \n> > (2) Without limiting subsection (1), the Minister may direct a statutory health corporation to do any of the following if the Minister is satisfied that it is in the public interest to do so—\n> > \n> > > (a) establish any hospital, health institution, health service or health support service,\n> > \n> > > (b) close any public hospital or health institution, or cease to provide any health service or health support service, under its control,\n> > \n> > > (c) restrict the range of health care or treatment provided by any public hospital, health institution or health service under its control.\n> \n> > (3) In this section, relevant authority means—\n> > \n> > > (a) in relation to a board governed health corporation, the Minister, and\n> > \n> > > (b) in relation to a chief executive governed health corporation or specialty network governed health corporation, the Health Secretary.\n> \n> **s 53:** Am 2004 No 92, Sch 1 \\[17\\] \\[18\\]; 2010 No 97, Sch 1.1 \\[17\\] \\[18\\].","sortOrder":78},{"sectionNumber":"54","sectionType":"section","heading":"Other committees and councils","content":"#### 54 Other committees and councils\n\n54 Other committees and councils\n\n> The chief executive may establish such committees and councils as he or she considers appropriate to assist the statutory health corporation in the exercise of its functions.\n> \n> **s 54:** Am 2004 No 92, Sch 2 \\[15\\]. Rep 2006 No 2, Sch 2 \\[18\\]. Ins 2016 No 45, Sch 2 \\[6\\].","sortOrder":79},{"sectionNumber":"55","sectionType":"section","heading":"Powers in relation to property","content":"#### 55 Powers in relation to property\n\n55 Powers in relation to property\n\n(cf AHS Act s 27, PH Act s 20)\n\n> > (1) A statutory health corporation may do all or any of the following—\n> > \n> > > (a) acquire land (including an interest in land), for the purpose of the exercise of its functions, by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) and acquire any other property (whether or not the land or other property is required for the purposes of any public hospital, health institution, health service or health support service under the control of the statutory health corporation),\n> > \n> > > (b) sell, lease, mortgage or otherwise dispose of land or any other property,\n> > \n> > > (c) dedicate land as a public road under the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (2) A statutory health corporation must not, without the approval of the Minister, do any of the following—\n> > \n> > > (a) acquire land by any means,\n> > \n> > > (b) dispose of land by sale, lease, mortgage or otherwise,\n> > \n> > > (c) dedicate land as a public road.\n> \n> > (3) A statutory health corporation may request the Minister to give approval to (and the Minister may approve) a disposition or dedication of land or a use of land, being a disposition, dedication or use—\n> > \n> > > (a) that is contrary to a provision of, or a trust arising under, the Crown grant of that land, or\n> > \n> > > (b) that, if this section had not been enacted, may make the land liable to be forfeited to the Crown.\n> \n> > (4) If the Minister has given an approval under this section to a disposition or dedication of land, or to a use of land, neither the disposition or dedication of the land (or its subsequent use) nor the use of the land—\n> > \n> > > (a) is to be regarded as a breach of any provision of, or any trust arising under, the Crown grant of that land, or\n> > \n> > > (b) is to make the land liable to be forfeited to the Crown.","sortOrder":80},{"sectionNumber":"56","sectionType":"section","heading":"Application of Public Works Act 1912","content":"#### 56 Application of Public Works Act 1912\n\n56 Application of [Public Works Act 1912](/view/html/inforce/current/act-1912-045)\n\n(cf AHS Act s 28, PH Act s 21)\n\n> > (1) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any acquisition of land under section 55(1)(a) of this Act is taken to be for an authorised work and the statutory health corporation concerned is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (2) 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.","sortOrder":81},{"sectionNumber":"57","sectionType":"section","heading":"Power to accept property by gifts, devises and bequests","content":"#### 57 Power to accept property by gifts, devises and bequests\n\n57 Power to accept property by gifts, devises and bequests\n\n(cf AHS Act s 29)\n\n> > (1) A statutory health corporation may acquire any property by gift, devise or bequest and may agree to and carry out the conditions of any such gift, devise or bequest, but only if the carrying out of any such conditions is not inconsistent with the purposes and functions of the corporation.\n> \n> > (2) The rule of law against remoteness of vesting does not apply to any such condition to which a statutory health corporation has agreed.\n> \n> > (3) A statutory health corporation may act as trustee of money or other property vested in the statutory health corporation on trust.","sortOrder":82},{"sectionNumber":"58","sectionType":"section","heading":"Contracts of statutory health corporations","content":"#### 58 Contracts of statutory health corporations\n\n58 Contracts of statutory health corporations\n\n(cf AHS Act s 30)\n\n> > (1) A statutory health 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, by that person with respect to the exercise by the statutory health corporation of its functions conferred or imposed by or under this or any other Act.\n> \n> > (2) A statutory health corporation may also, with the approval of the relevant authority, make and enter into contracts or agreements with any person for the provision of any service by the statutory health corporation to that person.\n> \n> > (3) Any contract or agreement under this section is taken, for the purposes of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032), to be a contract or agreement for or on account of the Public Service of New South Wales.\n> \n> > (4) In this section, relevant authority means—\n> > \n> > > (a) in relation to a board governed health corporation, the Minister, and\n> > \n> > > (b) in relation to a chief executive governed health corporation or specialty network governed health corporation, the Health Secretary.\n> \n> **s 58:** Am 2004 No 92, Sch 1 \\[19\\] \\[20\\]; 2010 No 97, Sch 1.1 \\[19\\].","sortOrder":83},{"sectionNumber":"59","sectionType":"section","heading":"Investments","content":"#### 59 Investments\n\n59 Investments\n\n(cf AHS Act s 31, PH Act s 29)\n\n> > (1) A statutory health corporation may invest money held by it—\n> > \n> > > (a) if the statutory health 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 statutory health corporation is permitted to invest money under that Part, or\n> > \n> > > (b) if the statutory health 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 authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.\n> \n> > (2) A statutory health corporation may at any time dispose of any of its investments and apply the proceeds for the purpose of exercising its functions.\n> \n> > (3) This section is, in relation to the investment of any funds, subject to the terms of any trust applying to those funds.\n> \n> **s 59:** Am 2018 No 70, Sch 3.31 \\[2\\].","sortOrder":84},{"sectionNumber":"60","sectionType":"section","heading":"Statutory health corporation by-laws","content":"#### 60 Statutory health corporation by-laws\n\n60 Statutory health corporation by-laws\n\n> > (1) Power to make model by-laws The relevant authority may make model by-laws, not inconsistent with this Act or the regulations, for or with respect to the following—\n> > \n> > > (a) the management of any public hospital, health institution, health service or health support service under the control of a statutory health corporation,\n> > \n> > > (b) the provision of health services to patients of any public hospital or health institution under the control of a statutory health corporation and to other persons,\n> > \n> > > (c) the appointment, control and governance of visiting practitioners in connection with public hospitals, health institutions and health services under the control of a statutory health corporation, including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service,\n> > \n> > > (d) regulating or prohibiting smoking at any public hospital, health institution or health service under the control of a statutory health corporation, including by designating an area as a smoke-free area for the purposes of section 6A (Smoke-free areas—outdoor public places) of the [Smoke-free Environment Act 2000](/view/html/inforce/current/act-2000-069),\n> > \n> > > (e) the custody and use of the seal of a statutory health corporation,\n> > \n> > > (f) the keeping of records concerning the acts and decisions of a statutory health corporation,\n> > \n> > > (g) in the case of a board governed health corporation—\n> > > \n> > > > (i) the keeping of records concerning the acts and decisions of the board, and\n> > > \n> > > > (ii) the procedure for the calling of meetings of the board and for the conduct of business at those meetings,\n> > \n> > > (h) the appointment and functions of the councils and committees of a statutory health corporation.\n> \n> > (2) Publication of model by-laws The relevant authority may publish an order on the NSW legislation website setting out the terms of model by-laws.\n> \n> > (3) Adoption of model by-laws A statutory health corporation may make by-laws that adopt the provisions of the model by-laws as published on the NSW legislation website with such additions, omissions or other modifications (if any) as may be made by it in accordance with this section.\n> \n> > (4) Modification to, and omission of, provisions of model by-laws A statutory health corporation may make modifications to, or omit, a provision of the model by-laws only with the approval of the relevant authority.\n> \n> > (5) Additional by-laws for specialty network governed health corporation A statutory health corporation that is a specialty network governed health corporation may make additional by-laws in relation to matters specified in subsection (1) but not covered by the model by-laws provided the additional by-laws are not inconsistent with the model by-laws. A copy of any such additional by-laws are to be provided to the relevant authority within 30 days of the making of the by-laws.\n> \n> > (6) Precondition for making of certain by-laws A model by-law or by-law may not be made for or with respect to any matter referred to in subsection (1)(c) unless the relevant authority or specialty network governed health corporation (as the case requires) has received advice from the Medical Services Committee in relation to the substance of the model by-law or by-law proposed to be made.\n> \n> > (7) Exception to precondition Subsection (6) does not apply to a model by-law or by-law if the Medical Services Committee does not furnish advice to the relevant authority or specialty network governed health corporation (as the case requires) in relation to the relevant model by-law or by-law—\n> > \n> > > (a) within 30 days after a notice from the relevant authority or specialty network governed health corporation requesting such advice has been served on the Committee, or\n> > \n> > > (b) within such further period as the relevant authority or specialty network governed health corporation may specify in the notice or in another notice served on the Committee.\n> \n> > (8) What by-laws may provide for A provision of a model by-law or by-law may do any one or any combination of the following—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind,\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.\n> \n> > (9) Power to amend or repeal by-laws A power to make model by-laws or by-laws includes the power to amend or repeal any model by-law or by-law made in the exercise of that power.\n> \n> > (10) Judicial notice Judicial notice is to be taken of a by-law authenticated by the seal of the statutory health corporation concerned or in accordance with section 135. It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of the by-law have been complied with and performed.\n> \n> > (11) In this section, relevant authority means—\n> > \n> > > (a) in relation to a board governed health corporation, the Minister, and\n> > \n> > > (b) in relation to a chief executive governed health corporation or specialty network governed health corporation, the Health Secretary.\n> \n> **s 60:** Am 2004 No 92, Sch 1 \\[21\\]–\\[23\\]; 2006 No 2, Sch 2 \\[19\\], 2010 No 97, Sch 1.1 \\[20\\]; 2012 No 56, Sch 2 \\[2\\]. Subst 2016 No 45, Sch 2 \\[7\\].","sortOrder":85},{"sectionNumber":"61","sectionType":"section","heading":"Delegations by statutory health corporations","content":"#### 61 Delegations by statutory health corporations\n\n61 Delegations by statutory health corporations\n\n(cf AHS Act s 34)\n\n> > (1) A statutory health corporation may delegate to any member of the NSW Health Service the exercise of any of its functions, other than—\n> > \n> > > (a) this power of delegation, or\n> > \n> > > (b) the power to make by-laws.\n> > \n> > Note.\n> > \n> > Section 49 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains general provisions relating to the delegation of functions.\n> \n> > (2) The relevant authority may give any direction to a statutory health corporation concerning delegations under this section that the relevant authority thinks fit.\n> \n> > (3) Nothing in this section authorises a statutory health corporation to delegate the whole of its functions to another person.\n> \n> > (4) For the purposes of this section, the functions of a board governed health corporation include the functions of its health corporation board.\n> \n> > (5) In this section, relevant authority means—\n> > \n> > > (a) in relation to a board governed health corporation, the Minister, and\n> > \n> > > (b) in relation to a chief executive governed health corporation or specialty network governed health corporation, the Health Secretary.\n> \n> **s 61:** Am 2004 No 92, Sch 1 \\[24\\]–\\[26\\]; 2006 No 2, Sch 2 \\[20\\] \\[21\\]; 2010 No 97, Sch 1.1 \\[21\\].","sortOrder":86},{"sectionNumber":"62","sectionType":"section","heading":"Recognition of affiliated health organisations","content":"#### 62 Recognition of affiliated health organisations\n\n62 Recognition of affiliated health organisations\n\n(cf PH Act s 29B)\n\n> > (1) An organisation or institution whose name is included in column 1 of Schedule 3 is an affiliated health organisation in respect of any of its recognised establishments and recognised services.\n> \n> > (2) The Governor may, by order published on the NSW legislation website—\n> > \n> > > (a) amend column 1 of Schedule 3 by inserting the name of any organisation or institution (other than a local health district or statutory health corporation) that controls any hospital, health institution, health service or health support service, or\n> > \n> > > (b) amend column 2 of Schedule 3 by inserting a description of any hospital, health institution, health service or health support service under the control of the organisation or institution, or\n> > \n> > > (c) amend Schedule 3 by omitting or altering any such name or description, or\n> > \n> > > (d) omit Schedule 3 and insert instead a Schedule containing the names of any organisations or institutions (other than local health districts or statutory health corporations) and descriptions of any hospital, health institution, health service or health support service under their control.\n> \n> > (3) An order made under subsection (2) may amend column 2 of Schedule 3 to describe an organisation or institution by reference to some or all of the hospitals, health institutions, health services or health support services it controls.\n> \n> > (4) An order cannot be made under this section—\n> > \n> > > (a) inserting or altering the name of an organisation or institution in column 1 of Schedule 3 unless the organisation or institution (or its governing body) consents to it, or\n> > \n> > > (b) inserting or altering a description of any hospital, health institution, health service or health support service under the control of an organisation or institution in column 2 of Schedule 3 unless the organisation or institution (or its governing body) consents to it.\n> \n> > (5) In this section, governing body of an organisation or institution means the person or the board or other body that is responsible for the management of the organisation or institution.\n> \n> **s 62:** Am 2009 No 56, Sch 4.27.","sortOrder":87},{"sectionNumber":"62A","sectionType":"section","heading":"Declared affiliated health organisations","content":"#### 62A Declared affiliated health organisations\n\n62A Declared affiliated health organisations\n\n> > (1) The affiliated health organisations specified in the regulations under this section are declared affiliated health organisations for the purposes of this Act.\n> \n> > (2) Any such regulation may apply only to such of the recognised establishments or recognised services (or parts of them) of an affiliated health organisation as are specified in the regulation. In any such case, the organisation concerned is a declared affiliated health organisation for the purposes of this Act only to the extent of its recognised establishments or services (or parts of them) that are so specified.\n> \n> > (3) A declared affiliated health organisation must not employ any staff in respect of its recognised establishments and recognised services.\n> > \n> > Note.\n> > \n> > Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable a declared affiliated health organisation to exercise its functions in respect of its recognised establishments and recognised services.\n> \n> > (4) However, nothing in this section prevents a declared affiliated health organisation from entering into arrangements for the management, on its behalf, of its recognised establishments or recognised services.\n> \n> > (5) A regulation cannot be made under this section in relation to an affiliated health organisation except with the concurrence of the affiliated health organisation.\n> \n> **s 62A:** Ins 2006 No 2, Sch 2 \\[22\\].","sortOrder":88},{"sectionNumber":"62B","sectionType":"section","heading":"Recognition of networked affiliated health organisations","content":"#### 62B Recognition of networked affiliated health organisations\n\n62B Recognition of networked affiliated health organisations\n\n> > (1) The Minister may, by order published in the Gazette, declare that one or more affiliated health organisations are to be treated as a network for the purposes of the National Health Reform Agreement in respect of some or all of their recognised establishments or recognised services.\n> \n> > (2) Such an order may be made—\n> > \n> > > (a) on the application of one or more affiliated health organisations, or\n> > \n> > > (b) on the Minister’s own initiative.\n> \n> > (3) The Minister may make an order pursuant to the application of one or more affiliated health organisations only if the Minister is satisfied that—\n> > \n> > > (a) in the case of an application by one affiliated health organisation—\n> > > \n> > > > (i) the affiliated health organisation has more than one recognised establishment or service, or\n> > > \n> > > > (ii) the affiliated health organisation provides State wide services or services of State significance, or\n> > \n> > > (b) in the case of an application by two or more affiliated health organisations, the affiliated health organisations have agreed to form a health network.\n> \n> > (4) An order under this section may specify a name for the network.\n> \n> > (5) An order cannot be made under this section in relation to an affiliated health organisation except with the concurrence of the organisation (or its governing body).\n> \n> Editorial note.\n> \n> For orders under this section, see Gazette No 9 of 28.1.2011, p 300. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.\n> \n> **s 62B:** Ins 2010 No 97, Sch 1.1 \\[22\\]. Am 2012 No 36, Sch 1 \\[1\\].","sortOrder":89},{"sectionNumber":"63","sectionType":"section","heading":"Affiliated health organisations may make by-laws","content":"#### 63 Affiliated health organisations may make by-laws\n\n63 Affiliated health organisations may make by-laws\n\n(cf PH Act s 29AE)\n\n> > (1) Power to make by-laws An affiliated health organisation may, with the approval of the Minister, make by-laws, not inconsistent with this Act or the regulations, for or with respect to the following—\n> > \n> > > (a) the management of any of its recognised establishments and recognised services,\n> > \n> > > (b) the provision of health services to patients of any hospitals or health institutions that are its recognised establishments,\n> > \n> > > (c) the provision to other persons of health services that are its recognised services,\n> > \n> > > (d) the appointment, control and governance of visiting practitioners in connection with hospitals, health institutions and health services that are its recognised establishments or recognised services (including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service),\n> > \n> > > (e) the appointment, control and governance of persons employed by it in respect of its recognised establishments and recognised services and any other matter or thing necessary or convenient to ensure the maintenance of discipline and efficiency in the service of the affiliated health organisation of any such employees or group or class of employees,\n> > \n> > > (f) the keeping of records concerning the acts, decisions and proceedings of its governing body in respect of its recognised establishments and recognised services,\n> > \n> > > (g) the procedure for the calling of meetings of its governing body and for the conduct of business at those meetings in respect of its recognised establishments and recognised services,\n> > \n> > > (h) the appointment and functions of committees of the governing body in respect of its recognised establishments and recognised services.\n> \n> > (1A) Subsection (1)(e) does not apply in relation to a declared affiliated health organisation.\n> \n> > (2) Publication of model by-laws The Minister may publish an order in the Gazette setting out the terms of model by-laws.\n> \n> > (3) Precondition for making of by-laws A by-law may not be made by an affiliated health organisation for or with respect to any matter referred to in subsection (1)(d) unless—\n> > \n> > > (a) it is in substance the same as a model by-law under an order for the time being in force under subsection (2) and the Minister has received advice from the Medical Services Committee in relation to the substance of the model by-law, or\n> > \n> > > (b) the Minister has received advice from the Medical Services Committee in relation to the substance of the by-law proposed to be made by the affiliated health organisation.\n> \n> > (4) Exception to precondition Subsection (3) does not apply to a by-law if the Medical Services Committee does not furnish advice to the Minister in relation to the relevant model by-law or the by-law—\n> > \n> > > (a) within 30 days after a notice from the Minister requesting such advice has been served on the Committee, or\n> > \n> > > (b) within such further period as the Minister may specify in the notice or in another notice served on the Committee.\n> \n> > (5) What by-laws may provide for A provision of a by-law may do any one or any combination of the following—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind,\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.\n> \n> > (6) Judicial notice Judicial notice is to be taken of a by-law authenticated by the seal of the affiliated health organisation concerned or in accordance with section 135. It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of the by-law have been complied with and performed.\n> \n> **s 63:** Am 2006 No 2, Sch 2 \\[23\\].","sortOrder":90},{"sectionNumber":"63A","sectionType":"section","heading":"Criminal and disciplinary matters concerning employees of non-declared affiliated health organisations","content":"#### 63A Criminal and disciplinary matters concerning employees of non-declared affiliated health organisations\n\n63A Criminal and disciplinary matters concerning employees of non-declared affiliated health organisations\n\n> > (1) In this section, non-declared organisation means an affiliated health organisation that is not a declared affiliated health organisation.\n> \n> > (2) The provisions of Part 2 of Chapter 9 apply, with such modifications as are necessary, to and in respect of a non-declared organisation and its employees in the same way as those provisions apply to and in respect of a declared affiliated health organisation and the members of the NSW Health Service who are employed under Part 1 of Chapter 9 in connection with the declared affiliated health organisation.\n> \n> **s 63A:** Ins 2006 No 2, Sch 2 \\[24\\].","sortOrder":91},{"sectionNumber":"64","sectionType":"section","heading":"Transfer of recognised establishments and recognised services of affiliated health organisations","content":"#### 64 Transfer of recognised establishments and recognised services of affiliated health organisations\n\n64 Transfer of recognised establishments and recognised services of affiliated health organisations\n\n(cf AHS Act ss 10 and 21)\n\n> > (1) The Governor may, by order published on the NSW legislation website, transfer to any local health district or statutory health corporation—\n> > \n> > > (a) any public hospital or health institution of an affiliated health organisation that is a recognised establishment of the organisation, or\n> > \n> > > (b) any health service or health support service of an affiliated health organisation that is a recognised service of the organisation, or\n> > \n> > > (c) any of the assets, rights or liabilities of an affiliated health organisation relating to a recognised establishment or recognised service of the organisation,\n> > \n> > and may amend Schedules 1, 2 and 3 accordingly.\n> \n> > (2) However, such an order cannot be made unless the affiliated health organisation consents to the transfer.\n> \n> > (3) An order under this section is to specify the date (being a date that is on or after the date it is published on the NSW legislation website) on which it takes effect. However, if no date is specified in the order, the order is taken to have specified the date on which is it published on the NSW legislation website as the date on which it takes effect.\n> \n> > (4) Schedule 4 has effect with respect to orders made under this section.\n> \n> > (5) An order under this section may contain provisions, not inconsistent with the provisions of or made under Schedule 4, of a savings and transitional nature consequent on the making of the order.\n> \n> Note.\n> \n> Part 3 of Chapter 10 provides for the transfer by order of the Governor of public hospitals, health institutions, health services, health support services and property between local health districts and statutory health corporations.\n> \n> Section 116 provides for the transfer of staff between public health organisations.\n> \n> **s 64:** Am 2009 No 56, Sch 4.27.","sortOrder":92},{"sectionNumber":"64A","sectionType":"section","heading":"Regulations relating to movement of staff between NSW Health Service and non-declared affiliated health organisations","content":"#### 64A Regulations relating to movement of staff between NSW Health Service and non-declared affiliated health organisations\n\n64A Regulations relating to movement of staff between NSW Health Service and non-declared affiliated health organisations\n\n> > (1) This section does not apply to or in respect of a declared affiliated health organisation.\n> \n> > (2) The regulations may make provision for or with respect to the movement of staff between affiliated health organisations and the NSW Health Service.\n> \n> > (3) Without limiting subsection (2), any such regulations may provide for—\n> > \n> > > (a) the retention by any such staff of their accrued leave entitlements, and\n> > \n> > > (b) the apportioning of the liability for the cost of accrued leave entitlements of staff who move between affiliated health organisations and the NSW Health Service.\n> \n> > (4) The Minister may give directions to an affiliated health organisation for the purpose of making due allowance and appropriate adjustments for liabilities incurred by reason of the operation of any regulation made under this section (or liabilities with respect to accrued leave entitlements generally). Any such direction has effect despite any determination made in respect of the affiliated health organisation under section 127.\n> \n> **s 64A:** Ins 2006 No 2, Sch 2 \\[25\\].","sortOrder":93},{"sectionNumber":"65","sectionType":"section","heading":"Minister may determine role, functions and activities of affiliated health organisations","content":"#### 65 Minister may determine role, functions and activities of affiliated health organisations\n\n65 Minister may determine role, functions and activities of affiliated health organisations\n\n> > (1) The Minister may, from time to time, determine the role, functions and activities of any recognised establishment or recognised service of an affiliated health organisation and, for that purpose, give the organisation any necessary directions.\n> \n> > (2) Before making a determination under subsection (1), the Minister is to consult with the affiliated health organisation concerned having regard to the health care philosophy of the organisation.","sortOrder":94},{"sectionNumber":"66","sectionType":"section","heading":"Appointment of chief executives of public hospitals and health services of affiliated health organisations","content":"#### 66 Appointment of chief executives of public hospitals and health services of affiliated health organisations\n\n66 Appointment of chief executives of public hospitals and health services of affiliated health organisations\n\n(cf PH Act s 40B)\n\n> > (1) A person cannot be appointed as the chief executive of a public hospital that is a recognised establishment, or health service that is a recognised service, of an affiliated health organisation unless the Health Secretary consents to the appointment.\n> \n> > (2) In this section—\n> > \n> > chief executive means the person (however described) who is responsible to the affiliated health organisation for the management, supervision or administration of the public hospital or health service concerned.","sortOrder":95},{"sectionNumber":"67","sectionType":"section","heading":"Liability of affiliated health organisations in relation to recognised establishments and recognised services","content":"#### 67 Liability of affiliated health organisations in relation to recognised establishments and recognised services\n\n67 Liability of affiliated health organisations in relation to recognised establishments and recognised services\n\n> A matter or thing done in relation to any of an affiliated health organisation’s recognised establishments or recognised services by—\n> \n> > (a) the organisation, or\n> \n> > (b) the governing body of the organisation, or\n> \n> > (c) a member of the governing body of the organisation, or\n> \n> > (d) any person acting under the direction of that organisation or governing body,\n> \n> does not, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject the member or the person so acting personally to any action, liability, claim or demand.","sortOrder":96},{"sectionNumber":"67AA","sectionType":"section","heading":"Definitions","content":"#### 67AA Definitions\n\n67AA Definitions\n\n> In this Chapter—\n> \n> ambulance fee means a fee for ambulance services charged by the Health Secretary under this Chapter.\n> \n> appointed body means a committee, board or other body appointed by the Health Secretary under section 67AB.\n> \n> Chief Commissioner has the same meaning as in the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011).\n> \n> child means a person under 16 years of age.\n> \n> debt notice—see section 67Q.\n> \n> debt recovery order has the same meaning as in the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011).\n> \n> fee invoice means a fee invoice issued by the Health Secretary under section 67P.\n> \n> fee review means a review of a decision to charge an ambulance fee conducted under Part 6.\n> \n> payment rules means the payment rules made by the Health Secretary under section 67O.\n> \n> scale of fees means the scale of fees for the provision of ambulance services fixed by the Minister under section 67L.\n> \n> **s 67AA:** Ins 2007 No 89, Sch 2.5 \\[1\\]. Subst 2014 No 60, Sch 1 \\[1\\]. Am 2018 No 11, Sch 3.6 \\[1\\].","sortOrder":98},{"sectionNumber":"67AB","sectionType":"section","heading":"Appointed body","content":"#### 67AB Appointed body\n\n67AB Appointed body\n\n> > (1) The Health Secretary may appoint a committee, board or other body as an appointed body for the purposes of this Chapter.\n> \n> > (2) An appointed body is to consist of such members appointed by the Health Secretary as the Health Secretary thinks fit.\n> \n> > (3) The procedure of an appointed body is to be determined by the Health Secretary or (subject to any determination of the Health Secretary) by the appointed body.\n> \n> > (4) A member of an appointed body holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.\n> \n> > (5) The Health Secretary may terminate the appointment of a member of an appointed body at any time for any or no reason by notice in writing to the member.\n> \n> > (6) A member of an appointed body is entitled to such fees and allowances as the Health Secretary may determine from time to time.\n> \n> > (7) A member of an appointed body is not personally liable for any act or omission done or omitted to be done in good faith for the purposes of this Chapter.\n> \n> > (8) If subsection (7) prevents liability attaching to a member of an appointed body, the liability attaches instead to the Health Secretary.\n> \n> **s 67AB:** Ins 2007 No 89, Sch 2.5 \\[1\\].","sortOrder":100},{"sectionNumber":"67A","sectionType":"section","heading":"Ambulance Service of NSW","content":"#### 67A Ambulance Service of NSW\n\n67A Ambulance Service of NSW\n\n> > (1) The Ambulance Service of NSW comprises those staff of the NSW Health Service who are employed primarily in connection with the provision of ambulance services under this Chapter.\n> \n> > (2) A chief executive of the Ambulance Service of NSW may be appointed by the Health Secretary.\n> \n> > (3) Any such chief executive is employed in the NSW Health Service and is a NSW Health Service senior executive.\n> \n> **s 67A:** Ins 2006 No 2, Sch 2 \\[26\\]. Am 2016 No 2, Sch 2 \\[9\\].","sortOrder":101},{"sectionNumber":"67B","sectionType":"section","heading":"Provision etc of ambulance services","content":"#### 67B Provision etc of ambulance services\n\n67B Provision etc of ambulance services\n\n> > (1) The Health Secretary has, on behalf of the Crown, the following functions—\n> > \n> > > (a) to provide, conduct, operate and maintain ambulance services,\n> > \n> > > (b) to co-operate with or provide assistance to any person or organisation for the purposes of providing, conducting, operating and maintaining ambulance services,\n> > \n> > > (c) in connection with ambulance services referred to in paragraph (a), to protect persons from injury or death, whether or not those persons are sick or injured,\n> > \n> > > (d) to adopt and implement all necessary measures (including systems of planning, management and quality control) as will best ensure the efficient and economic operation and use of resources in the provision of ambulance services,\n> > \n> > > (e) to consult and co-operate with individuals and organisations (including voluntary agencies, private agencies and public or local authorities) concerned with the provision of ambulance services,\n> > \n> > > (f) to co-ordinate and plan the future development of ambulance services, and towards that end, to support, encourage and facilitate the organisation of community involvement in the planning of those services,\n> > \n> > > (g) to set objectives and determine priorities in relation to the provision of ambulance services and to monitor whether those objectives are achieved,\n> > \n> > > (h) to achieve and maintain adequate standards of ambulance services,\n> > \n> > > (i) to make available to the public reports, information and advice concerning the operation of ambulance services,\n> > \n> > > (j) to provide assistance to, or co-operate with, any person or organisation in connection with the depiction of ambulance services in the news or entertainment media,\n> > \n> > > (k) to exercise such other functions in relation to ambulance services as may be conferred or imposed on the Health Secretary by the regulations.\n> \n> > (2) The exercise of functions under this section in emergencies and rescue operations is subject to the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165).\n> \n> > (3) The Health Secretary may delegate the exercise of any function of the Health Secretary under this section (other than this power of delegation) to an appointed body.\n> \n> **s 67B:** Ins 2006 No 2, Sch 2 \\[26\\]. Am 2007 No 89, Sch 2.5 \\[2\\].","sortOrder":102},{"sectionNumber":"67C","sectionType":"section","heading":"Ambulance Service Advisory Board","content":"#### 67C Ambulance Service Advisory Board\n\n67C Ambulance Service Advisory Board\n\n> > (1) There is established by this Act an Ambulance Service Advisory Board (the Advisory Board).\n> \n> > (2) The members of the Advisory Board are as follows—\n> > \n> > > (a) the chief executive of the Ambulance Service of NSW,\n> > \n> > > (b) not fewer than 8 and not more than 12 persons appointed by the Health Secretary.\n> \n> > (3) The persons appointed as members of the Advisory Board are to be persons who, in the opinion of the Health Secretary, have expertise and experience in one or more of the following areas—\n> > \n> > > (a) health management,\n> > \n> > > (b) financial management,\n> > \n> > > (c) clinical paramedic services or other health services,\n> > \n> > > (d) business management.\n> \n> > (4) (Repealed)\n> \n> > (5) The function of the Advisory Board is to provide advice to the Health Secretary or to an appointed body in relation to the exercise of functions under this Chapter in respect of the provision of ambulance services.\n> \n> > (6) The Advisory Board has such other functions as may be conferred or imposed on it by the Health Secretary.\n> \n> > (7) Schedule 6 has effect with respect to the members and procedure of the Advisory Board.\n> \n> **s 67C:** Ins 2006 No 2, Sch 2 \\[26\\]. Am 2007 No 89, Sch 2.5 \\[3\\]; 2018 No 2, Sch 2 \\[2\\]–\\[5\\].","sortOrder":103},{"sectionNumber":"67D","sectionType":"section","heading":null,"content":"#### 67D\n\n67D (Repealed)","sortOrder":104},{"sectionNumber":"67E","sectionType":"section","heading":"Unauthorised provision of ambulance transport","content":"#### 67E Unauthorised provision of ambulance transport\n\n67E Unauthorised provision of ambulance transport\n\n> > (1) A person must not—\n> > \n> > > (a) directly or indirectly provide or take part in the provision of transport for sick or injured persons for fee or reward, or\n> > \n> > > (b) conduct for fee or reward any operations similar to the operations carried on by the Health Secretary under this Chapter,\n> > \n> > without the consent of the Health Secretary and except in accordance with such conditions (if any) as the Health Secretary may from time to time impose.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) The Health Secretary may revoke any consent given, or revoke or vary any condition imposed, under this section.\n> \n> > (3) This section does not apply to—\n> > \n> > > (a) the St John Ambulance Australia (NSW) in respect of operations similar to the operations lawfully carried on by that body immediately before the day on which this section commences, or\n> > \n> > > (b) the Royal Flying Doctor Service of Australia (NSW Section), or\n> > \n> > > (c) the mines rescue company, within the meaning of the [Coal Industry Act 2001](/view/html/inforce/current/act-2001-107), (or a member, director or employee of that company) in the exercise of mines rescue functions under Division 3 of Part 3, or Part 4, of that Act, or\n> > \n> > > (d) a member of the New South Wales Mines Rescue Brigade established under the [Coal Industry Act 2001](/view/html/inforce/current/act-2001-107), or\n> > \n> > > (e) any person (or class of persons) prescribed by the regulations.\n> \n> **s 67E:** Ins 2006 No 2, Sch 2 \\[26\\].","sortOrder":106},{"sectionNumber":"67F","sectionType":"section","heading":"Unauthorised collections","content":"#### 67F Unauthorised collections\n\n67F Unauthorised collections\n\n> > (1) A person must not organise, conduct or take part in the collection or soliciting of money or property from the public for, towards or in return for the provision of ambulance services without the consent of the Health Secretary and except in accordance with such conditions (if any) as the Health Secretary may from time to time impose.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) The Health Secretary may revoke any consent given, or revoke or vary any condition imposed, under this section.\n> \n> > (3) This section does not apply to—\n> > \n> > > (a) any person engaged in the conduct or operation of the State Ambulance Insurance Plan established under the [Health Insurance Levies Act 1982](/view/html/inforce/current/act-1982-159), or\n> > \n> > > (b) an insurer under a policy of insurance to the extent that the money or the property represents consideration for an indemnity provided in that policy against the cost of the transport of a sick or injured person, being an indemnity incidental to the risks insured under that policy, or\n> > \n> > > (c) any person (or class of persons) prescribed by the regulations, or\n> > \n> > > (d) any person acting as authorised by this Act.\n> \n> **s 67F:** Ins 2006 No 2, Sch 2 \\[26\\]. Am 2014 No 60, Sch 1 \\[3\\].","sortOrder":107},{"sectionNumber":"67G","sectionType":"section","heading":"False calls for provision of ambulance services","content":"#### 67G False calls for provision of ambulance services\n\n67G False calls for provision of ambulance services\n\n> A person who requests the provision of an ambulance service knowing that no ambulance service is in the circumstances required or likely to be required by any person is guilty of an offence.\n> \n> Maximum penalty—50 penalty units.\n> \n> **ss 67G–67I:** Ins 2006 No 2, Sch 2 \\[26\\].","sortOrder":108},{"sectionNumber":"67H","sectionType":"section","heading":"Honorary ambulance officers","content":"#### 67H Honorary ambulance officers\n\n67H Honorary ambulance officers\n\n> > (1) The Health Secretary may appoint such persons as the Health Secretary thinks fit to be honorary ambulance officers.\n> > \n> > Note.\n> > \n> > Honorary ambulance officers are not members of the NSW Health Service employed under Part 1 of Chapter 9.\n> \n> > (2) Honorary ambulance officers—\n> > \n> > > (a) may carry out, without remuneration, such of the functions of the Health Secretary under this Act as the Health Secretary may from time to time direct, and\n> > \n> > > (b) are subject to the control and supervision of the Health Secretary.\n> \n> **ss 67G–67I:** Ins 2006 No 2, Sch 2 \\[26\\].","sortOrder":109},{"sectionNumber":"67I","sectionType":"section","heading":"Exculpation from personal liability","content":"#### 67I Exculpation from personal liability\n\n67I Exculpation from personal liability\n\n> A member of staff of the Ambulance Service of NSW or an honorary ambulance officer is not liable for any injury or damage caused by the member of staff or officer in the carrying out, in good faith, of any of the member’s or officer’s duties relating to—\n> \n> > (a) the provision of ambulance services, or\n> \n> > (b) the protection of persons from injury or death, whether or not those persons are or were sick or injured.\n> \n> **ss 67G–67I:** Ins 2006 No 2, Sch 2 \\[26\\].","sortOrder":110},{"sectionNumber":"67J","sectionType":"section","heading":null,"content":"#### 67J\n\n67J (Repealed)","sortOrder":111},{"sectionNumber":"67K","sectionType":"section","heading":"Health Secretary may charge fee for ambulance services","content":"#### 67K Health Secretary may charge fee for ambulance services\n\n67K Health Secretary may charge fee for ambulance services\n\n> > (1) The Health Secretary may charge a fee for ambulance services provided by or on behalf of the Health Secretary.\n> \n> > (2) An ambulance fee may be charged to any person liable for payment of the ambulance fee.\n> \n> > (3) An ambulance fee is not to exceed the fee fixed for the relevant service by the scale of fees in force at the time that the fee is charged.\n> \n> **s 67K:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":114},{"sectionNumber":"67KA","sectionType":"section","heading":"Health Secretary may charge booking and cancellation fees","content":"#### 67KA Health Secretary may charge booking and cancellation fees\n\n67KA Health Secretary may charge booking and cancellation fees\n\n> > (1) The Health Secretary may charge a private provider a fee for the following activities—\n> > \n> > > (a) making a booking for ambulance services,\n> > \n> > > (b) cancelling a booking for ambulance services within—\n> > > \n> > > > (i) 4 hours before the time the service was to be provided, or\n> > > \n> > > > (ii) 1 hour after the time the service was to be provided.\n> \n> > (2) A fee charged under this section must be the fee set out for the activity in the scale of fees published under section 67L.\n> \n> > (3) A service that is not provided because the patient was not ready or available to be transported within 1 hour after the time the services were to be provided is taken to have been cancelled for subsection (1)(b).\n> \n> > (4) In this section—\n> > \n> > residential care home has the same meaning as in the [Aged Care Act 2024](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > private provider means the following—\n> > \n> > > (a) the licensee of a private health facility,\n> > \n> > > (b) the operator of a residential care home,\n> > \n> > > (c) a provider, or a class of provider, of health services prescribed by the regulations.\n> \n> **s 67KA:** Ins 2025 No 30, Sch 4\\[2\\].","sortOrder":115},{"sectionNumber":"67L","sectionType":"section","heading":"Scale of fees","content":"#### 67L Scale of fees\n\n67L Scale of fees\n\n> The Minister may, by order published in the Gazette—\n> \n> > (a) fix a scale of fees in respect of ambulance services provided by the Health Secretary, and\n> \n> > (b) amend or revoke any scale of fees so fixed.\n> \n> **s 67L:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":116},{"sectionNumber":"67M","sectionType":"section","heading":"Who is liable for payment of ambulance fee","content":"#### 67M Who is liable for payment of ambulance fee\n\n67M Who is liable for payment of ambulance fee\n\n> > (1) A person is liable for payment of an ambulance fee for ambulance services provided to the person.\n> \n> > (2) A person is not liable for payment of an ambulance fee if the person is a child.\n> \n> > (3) However, if ambulance services are provided to a child, each parent or guardian of the child is jointly and severally liable for payment of an ambulance fee for the provision of those ambulance services.\n> \n> > (4) A parent or guardian of a child who pays an ambulance fee for the provision of ambulance services to that child is entitled to recover a contribution from any other parent or guardian who is also liable for payment of that fee.\n> \n> > (5) The contribution payable—\n> > \n> > > (a) is to be determined as if each parent or guardian of the child were liable for an equal share of the ambulance fee, and\n> > \n> > > (b) is recoverable as a debt in a court of competent jurisdiction.\n> \n> > (6) A court may reduce a person’s contribution, or exempt a person from making a contribution, if the court considers it just and equitable in the circumstances.\n> \n> **s 67M:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":117},{"sectionNumber":"67N","sectionType":"section","heading":"Exemptions","content":"#### 67N Exemptions\n\n67N Exemptions\n\n> A person is exempt from the requirement to pay an ambulance fee if—\n> \n> > (a) a fee is not payable for ambulance services provided to the person under section 17 of the [Health Insurance Levies Act 1982](/view/html/inforce/current/act-1982-159), or\n> \n> > (b) the person is the holder of a concession card of a kind prescribed by the regulations, or\n> \n> > (c) the person is otherwise exempt from payment under the regulations or the payment rules.\n> \n> Note.\n> \n> Under section 17 of the [Health Insurance Levies Act 1982](/view/html/inforce/current/act-1982-159), a fee is not payable if the person was, at the time the service was provided—\n> \n> > (a) a contributor to a health benefits fund conducted by an organisation to which section 10 of that Act applies, or\n> \n> > (b) a contributor to the State Ambulance Insurance Plan.\n> \n> **s 67N:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":118},{"sectionNumber":"67O","sectionType":"section","heading":"Payment rules","content":"#### 67O Payment rules\n\n67O Payment rules\n\n> > (1) The Health Secretary may, by order published in the Gazette, make rules about the payment of ambulance fees (payment rules).\n> \n> > (2) The payment rules may provide for the following—\n> > \n> > > (a) exemptions from the payment of ambulance fees,\n> > \n> > > (b) waiver or reduction of ambulance fees,\n> > \n> > > (c) extension of time to pay,\n> > \n> > > (d) payment by instalments,\n> > \n> > > (e) fee reviews,\n> > \n> > > (f) any other matters permitted by this Act.\n> \n> > (3) The payment rules must not be inconsistent with this Act or the regulations.\n> \n> **s 67O:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":119},{"sectionNumber":"Part 4","sectionType":"part","heading":"How ambulance fees are charged","content":"# Part 4 How ambulance fees are charged\n\nPart 4 How ambulance fees are charged\n\n**ch 5A, pt 4:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":120},{"sectionNumber":"67P","sectionType":"section","heading":"How fee is charged—fee invoices","content":"#### 67P How fee is charged—fee invoices\n\n67P How fee is charged—fee invoices\n\n> > (1) The Health Secretary charges an ambulance fee by—\n> > \n> > > (a) issuing an invoice (a fee invoice) for the ambulance fee, and\n> > \n> > > (b) serving the fee invoice on a person liable for payment of the fee.\n> \n> > (2) The fee invoice must—\n> > \n> > > (a) specify the amount of the ambulance fee and the ambulance services for which the fee is payable (including the date on which the services were provided), and\n> > \n> > > (b) specify a due date for payment of the ambulance fee, and\n> > \n> > > (c) include the required information about fee reviews, and\n> > \n> > > (d) include any other information that the regulations require to be included in the fee invoice.\n> \n> > (3) The regulations may prescribe a form in which a fee invoice is to be given.\n> \n> > (4) Information required to be included in a fee invoice may be incorporated in the fee invoice or accompany the fee invoice.\n> \n> **s 67P:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":121},{"sectionNumber":"67Q","sectionType":"section","heading":"Debt notice may be issued if fee not paid","content":"#### 67Q Debt notice may be issued if fee not paid\n\n67Q Debt notice may be issued if fee not paid\n\n> > (1) If an ambulance fee specified in a fee invoice served on a person is not paid in full by the date that is 7 days after the due date for payment specified in the fee invoice, the Health Secretary may—\n> > \n> > > (a) issue a notice (a debt notice) for the outstanding amount, and\n> > \n> > > (b) serve the debt notice on the person.\n> \n> > (2) The debt notice must—\n> > \n> > > (a) specify the amount of the ambulance fee that is unpaid and the ambulance services for which the fee is payable (including the date on which the services were provided), and\n> > \n> > > (b) specify a due date for payment of the ambulance fee, and\n> > \n> > > (c) include advice to the effect that, if the ambulance fee is not paid in full by the due date—\n> > > \n> > > > (i) the Health Secretary can refer the matter to the Chief Commissioner for the taking of debt recovery action under the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011), and\n> > > \n> > > > (ii) debt recovery costs may be payable by the person if debt recovery action is taken under that Act, and\n> > \n> > > (d) include the required information about fee reviews, and\n> > \n> > > (e) include advice to the effect that the Health Secretary is not required to conduct a fee review if the application for review is received after the date for payment of the ambulance fee specified in the debt notice, and\n> > \n> > > (f) include any other information that the regulations require to be included in the debt notice.\n> \n> > (3) The date specified in a debt notice as the due date for payment of the ambulance fee has effect as the due date for payment of the ambulance fee instead of the date specified as the due date in the relevant fee invoice.\n> \n> > (4) The regulations may prescribe a form in which a debt notice is to be given.\n> \n> > (5) Information required to be included in a debt notice may be incorporated in the debt notice or accompany the debt notice.\n> \n> > (6) A debt notice under this Act is declared to be a debt notice for the purposes of the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011).\n> \n> **s 67Q:** Ins 2014 No 60, Sch 1 \\[4\\]. Am 2018 No 11, Sch 3.6 \\[2\\]–\\[4\\].","sortOrder":122},{"sectionNumber":"67R","sectionType":"section","heading":"Required information about fee reviews","content":"#### 67R Required information about fee reviews\n\n67R Required information about fee reviews\n\n> For the purposes of a fee invoice or debt notice, the required information about fee reviews is the following information—\n> \n> > (a) advice to the effect that the person served with the fee invoice or debt notice can apply for a review by the Health Secretary of the decision to charge the ambulance fee, in accordance with the payment rules, if the person seeks an exemption, waiver or reduction of the fee, extension of time to pay or to pay by instalments,\n> \n> > (b) the process for applying for such a review,\n> \n> > (c) the circumstances in which a person is exempt from payment of an ambulance fee under this Act or the regulations or the payment rules,\n> \n> > (d) advice to the effect that any decision to waive or reduce the fee, extend the time to pay or permit payment by instalments will be made in accordance with the payment rules,\n> \n> > (e) information on how a copy of the payment rules can be obtained.\n> \n> **s 67R:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":123},{"sectionNumber":"67S","sectionType":"section","heading":"Due date for payment of ambulance fee","content":"#### 67S Due date for payment of ambulance fee\n\n67S Due date for payment of ambulance fee\n\n> > (1) The due date for payment of an ambulance fee specified in a fee invoice or debt notice must be at least 21 days after it is served on the person.\n> \n> > (2) A fee invoice or debt notice served by post is not invalid merely because it specifies as the due date a date that is less than 21 days after it was served on the person.\n> \n> > (3) In such a case however, the due date is extended to a date that is 21 days after the fee invoice or debt notice was served and the fee invoice or debt notice is taken to specify that date as the due date.\n> \n> **s 67S:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":124},{"sectionNumber":"67T","sectionType":"section","heading":"Change of payment arrangements","content":"#### 67T Change of payment arrangements\n\n67T Change of payment arrangements\n\n> > (1) The Health Secretary may, in accordance with the payment rules, change the payment arrangements for an ambulance fee charged to a person by—\n> > \n> > > (a) reducing the amount payable, or\n> > \n> > > (b) extending the time to pay, or\n> > \n> > > (c) permitting the fee to be paid by instalments or reducing instalments.\n> \n> > (2) The Health Secretary changes the payment arrangements for an ambulance fee by serving notice in writing of the change on the person who has been charged the fee.\n> \n> > (3) Any fee invoice or debt notice served on the person before notice of the change is taken to be amended in accordance with the changed payment arrangements.\n> \n> > (4) If the Health Secretary permits payment of an ambulance fee by instalment and an instalment of the ambulance fee is not paid by a due date for payment of an instalment, the remaining instalments immediately become payable.\n> \n> > (5) The Health Secretary must not change payment arrangements for an ambulance fee after the matter has been referred to the Chief Commissioner for the making of a debt recovery order, unless the referral is revoked.\n> > \n> > Note.\n> > \n> > The Chief Commissioner must withdraw a debt recovery order made in relation to an ambulance fee if the referral is revoked.\n> \n> **s 67T:** Ins 2014 No 60, Sch 1 \\[4\\]. Am 2018 No 11, Sch 3.6 \\[5\\] \\[6\\].","sortOrder":125},{"sectionNumber":"Part 5","sectionType":"part","heading":"Recovery of ambulance fees","content":"# Part 5 Recovery of ambulance fees\n\nPart 5 Recovery of ambulance fees\n\n**ch 5A, pt 5:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":126},{"sectionNumber":"67U","sectionType":"section","heading":"Ambulance fee is debt payable to Health Secretary","content":"#### 67U Ambulance fee is debt payable to Health Secretary\n\n67U Ambulance fee is debt payable to Health Secretary\n\n> > (1) An ambulance fee specified in a debt notice served on a person is a debt payable by the person to the Health Secretary.\n> \n> > (2) The Health Secretary may recover the debt from the person in proceedings in a court of competent jurisdiction.\n> \n> > (3) Subsection (2) ceases to apply if the matter is referred to the Chief Commissioner for the making of a debt recovery order under the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011), unless the referral is revoked.\n> \n> **s 67U:** Ins 2014 No 60, Sch 1 \\[4\\]. Subst 2018 No 11, Sch 3.6 \\[7\\].","sortOrder":127},{"sectionNumber":"67V","sectionType":"section","heading":null,"content":"#### 67V\n\n67V (Repealed)","sortOrder":128},{"sectionNumber":"67W","sectionType":"section","heading":"Information to be provided if debt is referred to Chief Commissioner","content":"#### 67W Information to be provided if debt is referred to Chief Commissioner\n\n67W Information to be provided if debt is referred to Chief Commissioner\n\n> > (1) If the Health Secretary refers a matter to the Chief Commissioner for debt recovery action under the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011), the Health Secretary must provide to the Chief Commissioner the following information for the purposes of enabling the Chief Commissioner to exercise functions under that Act—\n> > \n> > > (a) identifying information about the person who was provided with the ambulance services and, if that person was a child, about any parent or guardian of the child,\n> > \n> > > (b) the date the ambulance services were provided,\n> > \n> > > (c) the time the ambulance services were provided,\n> > \n> > > (d) the location or pick up address at which ambulance services were provided,\n> > \n> > > (e) the destination to which the person was taken after pick up,\n> > \n> > > (f) the distance travelled as part of the ambulance services,\n> > \n> > > (g) the unique identifying number allocated to the ambulance services by the Health Secretary,\n> > \n> > > (h) any other information of a kind prescribed by the regulations.\n> \n> > (2) A requirement to provide information is a requirement to provide so much of that information as is known to the Health Secretary.\n> \n> > (3) This section applies in addition to any requirement to provide information under the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011).\n> \n> > (4) In this section—\n> > \n> > identifying information has the meaning given by the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011).\n> \n> **s 67W:** Ins 2014 No 60, Sch 1 \\[4\\]. Subst 2018 No 11, Sch 3.6 \\[9\\].","sortOrder":130},{"sectionNumber":"67X","sectionType":"section","heading":"Suspension of debt recovery action","content":"#### 67X Suspension of debt recovery action\n\n67X Suspension of debt recovery action\n\n> The Health Secretary may, at any time, by notice in writing to the Chief Commissioner—\n> \n> > (a) request the Chief Commissioner to suspend debt recovery action in relation to an ambulance fee that has been referred to the Chief Commissioner, or\n> \n> > (b) request the Chief Commissioner to revoke the suspension of debt recovery action in relation to an ambulance fee referred to the Chief Commissioner.\n> \n> Note.\n> \n> Under Part 8 of the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011), the Chief Commissioner is required to suspend debt recovery action if a request for suspension is made.\n> \n> **s 67X:** Ins 2014 No 60, Sch 1 \\[4\\]. Subst 2018 No 11, Sch 3.6 \\[10\\].","sortOrder":131},{"sectionNumber":"Part 6","sectionType":"part","heading":"Fee reviews","content":"# Part 6 Fee reviews\n\nPart 6 Fee reviews\n\n**ch 5A, pt 6:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":132},{"sectionNumber":"67Y","sectionType":"section","heading":"Application for review of ambulance fee","content":"#### 67Y Application for review of ambulance fee\n\n67Y Application for review of ambulance fee\n\n> > (1) A person who is charged an ambulance fee may apply to the Health Secretary for a review of the decision to charge the ambulance fee.\n> \n> > (2) An application for a review is to be made in accordance with the payment rules.\n> \n> > (3) An applicant for review must provide to the Health Secretary, in support of an application, any supporting information or evidence that the payment rules require.\n> \n> **s 67Y:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":133},{"sectionNumber":"67Z","sectionType":"section","heading":"Review by Health Secretary","content":"#### 67Z Review by Health Secretary\n\n67Z Review by Health Secretary\n\n> > (1) If an application for a fee review is duly made to the Health Secretary, the Health Secretary must, subject to this section, conduct a review of the decision to charge an ambulance fee.\n> \n> > (2) The Health Secretary is not required to conduct a review—\n> > \n> > > (a) if a review of the decision has already been conducted under this Part, or\n> > \n> > > (b) if the application is received more than 7 days after the due date for payment specified in a debt notice served on the person, or\n> > \n> > > (c) if the applicant has failed to provide any supporting information or evidence required to be provided by the payment rules, or\n> > \n> > > (d) in such other circumstances as may be prescribed by the regulations.\n> \n> > (3) The Health Secretary may also conduct a review of a decision to charge an ambulance fee of his or her own motion.\n> \n> > (4) A review under this Part is a statutory internal review for the purposes of the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011).\n> \n> **s 67Z:** Ins 2014 No 60, Sch 1 \\[4\\]. Am 2018 No 11, Sch 3.6 \\[11\\].","sortOrder":134},{"sectionNumber":"67ZA","sectionType":"section","heading":"Extension of time to pay—on-time review application","content":"#### 67ZA Extension of time to pay—on-time review application\n\n67ZA Extension of time to pay—on-time review application\n\n> > (1) During the period in which an on-time review application is before the Health Secretary—\n> > \n> > > (a) the Health Secretary must not issue a debt notice for the ambulance fee (if a debt notice has not yet been issued) or refer the matter to the Chief Commissioner for the making of a debt recovery order, and\n> > \n> > > (b) the requirement to pay the ambulance fee is suspended.\n> \n> > (2) The period in which an on-time review application is before the Health Secretary is the period starting on (and including) the day on which the application is received by the Health Secretary and ending on (and including) the day on which notice of the outcome of the review application is served on the person charged the ambulance fee.\n> > \n> > Note.\n> > \n> > Notice served by post is taken to be served on the person 7 days after it is sent, unless the person establishes otherwise.\n> \n> > (3) After conducting the review or deciding not to conduct the review, the Health Secretary must change the payment arrangements for the ambulance fee by extending the time for payment of the ambulance fee by at least the number of days in the period in which the application was before the Health Secretary.\n> \n> > (4) Subsection (3) does not apply if the Health Secretary decides to revoke the decision to charge the ambulance fee or waive the ambulance fee.\n> \n> > (5) In this section—\n> > \n> > on-time review application means an application for review of a decision to charge an ambulance fee that is duly made to the Health Secretary and received by the Health Secretary—\n> > \n> > > (a) before the issue of a debt notice for the ambulance fee, or\n> > \n> > > (b) no later than 7 days after the due date for payment of the ambulance fee specified in a debt notice for the ambulance fee.\n> \n> Note.\n> \n> If the Health Secretary decides to conduct a review in relation to an application that is not an on-time review application, the Health Secretary may request the Chief Commissioner to suspend debt recovery action in relation to the ambulance fee.\n> \n> **s 67ZA:** Ins 2014 No 60, Sch 1 \\[4\\]. Am 2018 No 11, Sch 3.6 \\[12\\] \\[13\\].","sortOrder":135},{"sectionNumber":"67ZB","sectionType":"section","heading":"Request for additional information","content":"#### 67ZB Request for additional information\n\n67ZB Request for additional information\n\n> > (1) The Health Secretary may, for the purpose of conducting a fee review, request additional information from an applicant for review.\n> \n> > (2) The applicant must provide the additional information to the Health Secretary within 14 days of the request or within such greater period as the Health Secretary specifies.\n> \n> > (3) If the information is not provided within the time specified, the review may be conducted without that information.\n> \n> **s 67ZB:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":136},{"sectionNumber":"67ZC","sectionType":"section","heading":"Actions to be taken after review","content":"#### 67ZC Actions to be taken after review\n\n67ZC Actions to be taken after review\n\n> > (1) After conducting a fee review, the Health Secretary may—\n> > \n> > > (a) revoke the decision to charge the ambulance fee, or\n> > \n> > > (b) waive payment of the ambulance fee, or\n> > \n> > > (c) confirm the decision to charge the ambulance fee with or without changing the payment arrangements for the fee.\n> \n> > (2) The Health Secretary must, after conducting a fee review, revoke the decision to charge an ambulance fee—\n> > \n> > > (a) if the person charged the fee is exempt from payment of the ambulance fee under this Act, the regulations or the payment rules, or\n> > \n> > > (b) if the issue of the fee invoice or debt notice involved a mistake of identity, or\n> > \n> > > (c) if the amount of the fee charged is incorrect, or\n> > \n> > > (d) in any circumstances prescribed by the regulations.\n> \n> > (3) The Health Secretary must, after conducting a fee review, change the payment arrangements for the ambulance fee if that action is required by this Act or the payment rules.\n> \n> > (4) The payment rules may also make provision for circumstances in which the Health Secretary may, at his or her discretion, revoke a decision to charge an ambulance fee, waive payment of an ambulance fee or change the payment arrangements for an ambulance fee.\n> \n> > (5) If the Health Secretary revokes a decision to charge a person with an ambulance fee, or waives payment of an ambulance fee, the Health Secretary must—\n> > \n> > > (a) withdraw the fee invoice and any debt notice issued for the fee, and\n> > \n> > > (b) if the matter has already been referred to the Chief Commissioner for the making of a debt recovery order, revoke the referral.\n> \n> > (6) If a decision is revoked because of a mistake of identity, the Health Secretary may issue a new fee invoice for the fee to a person who is liable for payment of the fee.\n> \n> > (7) If a decision is revoked because the amount of the fee charged was incorrect, the Health Secretary may issue a new fee invoice for the correct amount.\n> \n> > (8) The regulations may provide for other circumstances in which a new fee invoice can be issued.\n> \n> **s 67ZC:** Ins 2014 No 60, Sch 1 \\[4\\]. Am 2018 No 11, Sch 3.6 \\[14\\].","sortOrder":137},{"sectionNumber":"67ZD","sectionType":"section","heading":"Notice of outcome of application","content":"#### 67ZD Notice of outcome of application\n\n67ZD Notice of outcome of application\n\n> > (1) The Health Secretary is to notify an applicant for a fee review in writing of the outcome of the application within 42 days of receipt of the application.\n> \n> > (2) If the Health Secretary requests additional information from the applicant, the 42-day period is extended by the number of days specified by the Health Secretary in the request as the period in which the additional information must be provided to the Health Secretary.\n> \n> > (3) A reference to the outcome of an application includes a reference to a decision not to conduct a review on an application.\n> \n> **s 67ZD:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":138},{"sectionNumber":"Part 6A","sectionType":"part","heading":null,"content":"# Part 6A\n\nPart 6A\n\n67ZDA (Repealed)\n\n**ch 5A, pt 6A (s 67ZDA):** Ins 2016 No 21, sec 3. Rep 2017 No 50, Sch 3 \\[1\\].","sortOrder":139},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous\n\n**ch 5A, pt 7:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":140},{"sectionNumber":"67ZE","sectionType":"section","heading":"Unpaid fees may be written off","content":"#### 67ZE Unpaid fees may be written off\n\n67ZE Unpaid fees may be written off\n\n> > (1) The Health Secretary may write off an unpaid ambulance fee, in whole or in part.\n> \n> > (2) If the ambulance fee has already been referred to the Chief Commissioner for the making of a debt recovery order under the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011), the Health Secretary must not write off the unpaid ambulance fee unless the referral has been revoked or debt recovery action has been suspended or cancelled.\n> \n> **s 67ZE:** Ins 2014 No 60, Sch 1 \\[4\\]. Am 2018 No 11, Sch 3.6 \\[15\\].","sortOrder":141},{"sectionNumber":"67ZF","sectionType":"section","heading":"Service of notices","content":"#### 67ZF Service of notices\n\n67ZF Service of notices\n\n> > (1) A fee invoice, debt notice or notice of the outcome of an application for a fee review may be served on a person personally or by post.\n> \n> > (2) Any other notice or other document required to be served on a person by this Chapter may be served—\n> > \n> > > (a) personally, or\n> > \n> > > (b) by post, or\n> > \n> > > (c) by electronic transmission.\n> \n> > (3) A notice or other document may be served by electronic transmission only if the person has consented to service of notices or other documents under this Chapter by electronic transmission. If a notice or other document is served electronically, the address for service is the address provided by the person.\n> \n> > (4) It is to be presumed that a notice or other document sent to a person under this Chapter by post is served on the person 7 days after it is posted, unless the person establishes that it was not served within that 7-day period.\n> \n> **s 67ZF:** Ins 2014 No 60, Sch 1 \\[4\\].","sortOrder":142},{"sectionNumber":"67ZG","sectionType":"section","heading":"Form of notices given to Chief Commissioner","content":"#### 67ZG Form of notices given to Chief Commissioner\n\n67ZG Form of notices given to Chief Commissioner\n\n> Any notice given by the Health Secretary to the Chief Commissioner under this Chapter may be given by post, by means of document exchange or by electronic transmission.\n> \n> **s 67ZG:** Ins 2014 No 60, Sch 1 \\[4\\]. Am 2018 No 11, Sch 3.6 \\[16\\].","sortOrder":143},{"sectionNumber":"68","sectionType":"section","heading":"Medicare Principles and Commitments","content":"#### 68 Medicare Principles and Commitments\n\n68 Medicare Principles and Commitments\n\n> > (1) The Medicare Principles and Commitments are adopted as guidelines for the provision of public hospital services to eligible persons in New South Wales.\n> \n> > (2) The Medicare Principles and Commitments are as follows—\n> > \n> > MEDICARE PRINCIPLES\n> > \n> > The Commonwealth and the States are committed to the following principles in the provision of public hospital services—\n> > \n> > Explanatory note.\n> > \n> > The Principles focus on the provision of public hospital services to eligible persons, but operate in an environment where eligible persons have the right to choose private health care in public and private hospitals supported by private health insurance.\n> > \n> > Choices of services\n> > \n> > *Principle 1*: Eligible persons must be given the choice to receive public hospital services free of charge as public patients\n> > \n> > Explanatory note 1.\n> > \n> > Hospital services include in-patient, out-patient, emergency services (including primary care where appropriate) and day patient services consistent with currently acceptable medical and health service standards.\n> > \n> > Explanatory note 2.\n> > \n> > At the time of admission to a hospital, or as soon as practicable after that, an eligible person will be required to elect or confirm whether he or she wishes to be treated as a public or private patient.\n> > \n> > Universality of services\n> > \n> > *Principle 2*: Access to public hospital services is to be on the basis of clinical need\n> > \n> > Explanatory note 1.\n> > \n> > None of the following factors are to be a determinant of an eligible person’s priority for receiving hospital services—\n> > \n> > > •\n> > > \n> > > whether or not an eligible person has health insurance,\n> > \n> > > •\n> > > \n> > > an eligible person’s financial status or place of residence,\n> > \n> > > •\n> > > \n> > > whether or not an eligible person intends to elect, or elects, to be treated as a public or private patient.\n> > \n> > Explanatory note 2.\n> > \n> > This principle applies equally to waiting times for elective surgery.\n> > \n> > Equity in service provision\n> > \n> > *Principle 3*: To the maximum practicable extent, a State will ensure the provision of public hospital services equitably to all eligible persons, regardless of their geographical location\n> > \n> > Explanatory note 1.\n> > \n> > This principle does not require a local hospital to be equipped to provide eligible persons with every hospital service they may need.\n> > \n> > Explanatory note 2.\n> > \n> > In rural and remote areas, a State should ensure provision of reasonable public access to a basic range of hospital services which are in accord with clinical practices.\n> > \n> > COMMITMENTS\n> > \n> > In order to achieve Principles 1 to 3, the Commonwealth and States make the following Commitments regarding public hospital services for eligible persons—\n> > \n> > Information about service provision\n> > \n> > *Commitment 1*: The Commonwealth and a State must make available information on the public hospital services eligible persons can expect to receive as public patients\n> > \n> > Explanatory note 1.\n> > \n> > The State development of a Public Patients’ Hospital Charter in consultation with the Commonwealth will be a vehicle for the public dissemination of this information.\n> > \n> > Explanatory note 2.\n> > \n> > The Charter will set out the public hospital services available to public patients.\n> > \n> > Efficiency and quality of service provision\n> > \n> > *Commitment 2*: The Commonwealth and the States are committed to making improvements in the efficiency, effectiveness and quality of hospital service delivery\n> > \n> > Explanatory note.\n> > \n> > This includes a commitment to quality improvement, outcome measurement, management efficiency and effort to integrate the delivery of hospital and other health and health-related community services.\n> \n> > (3) Expressions used in the Medicare Principles and Commitments (and the notes to them) set out in subsection (2) have the same meanings they have in the Medicare Principles and Commitments (and the notes to them) set out in section 26 of the [Health Insurance Act 1973](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (4) Nothing in this section gives rise to, or can be taken into account in, any civil cause of action, and, without limiting the generality of the foregoing, nothing in this section operates to create in any person legal rights not in existence before the enactment of this section.","sortOrder":144},{"sectionNumber":"69","sectionType":"section","heading":"Scale of fees","content":"#### 69 Scale of fees\n\n69 Scale of fees\n\n(cf PH Act s 30(8) and (9))\n\n> > (1) The Minister may, from time to time, by order published in the Gazette—\n> > \n> > > (a) fix a scale of fees for hospital services and other health services received from any public health organisation, and\n> > \n> > > (b) amend or revoke any scale of fees so fixed.\n> \n> > (2) A scale of fees may be fixed, amended or revoked by the adoption by reference of any scale of fees (as in force at a particular time or as in force from time to time) fixed or determined by a Commonwealth authority or body. Any such adoption may be wholly or in part and with or without modification.\n> \n> > (3) Except where a scale of fees has been fixed under this section, nothing in this section affects any right that a public health organisation may have to charge a fee for the provision of a hospital service or other health service.","sortOrder":145},{"sectionNumber":"70","sectionType":"section","heading":"Liability of persons for health service fees","content":"#### 70 Liability of persons for health service fees\n\n70 Liability of persons for health service fees\n\n(cf PH Act s 30(1)–(5))\n\n> > (1) Any person who receives any health service (other than a non-chargeable hospital service) from a public health organisation is liable to contribute towards the funds of the organisation, according to the person’s means, such sum in respect of the health service as is calculated in accordance with the scale of fees fixed under section 69.\n> \n> > (2) That sum (if unpaid) may be recovered in any court of competent jurisdiction as a debt.\n> \n> > (3) A written statement of the amount due, purporting to be signed by an authorised employee of the public health organisation concerned, is prima facie evidence of the amount being due.\n> \n> > (4) The public health organisation may remit, postpone or write-off payment of all or any sums of money due to the organisation under this section.\n> \n> > (5) In this section—\n> > \n> > authorised employee of a public health organisation means an employee of the organisation who is authorised in writing by the chief executive of the organisation to certify any amount owing to it for the provision of a health service.","sortOrder":146},{"sectionNumber":"71","sectionType":"section","heading":"Care and treatment to be provided to persons without means","content":"#### 71 Care and treatment to be provided to persons without means\n\n71 Care and treatment to be provided to persons without means\n\n(cf PH Act s 30(6))\n\n> A person without means must not be refused care or treatment for sickness or injury at any public hospital by reason only of the person’s inability to pay for the care or treatment.","sortOrder":147},{"sectionNumber":"72","sectionType":"section","heading":"Cost of relief granted to injured persons to be a charge on damages","content":"#### 72 Cost of relief granted to injured persons to be a charge on damages\n\n72 Cost of relief granted to injured persons to be a charge on damages\n\n(cf PH Act s 30A)\n\n> > (1) This section applies to any person (the debtor) who is liable to a public health organisation for the cost of any health service (other than a non-chargeable hospital service) provided by the organisation in respect of any personal injury suffered by the person or another person.\n> \n> > (2) If the debtor has a right to recover damages against any other person in respect of the personal injury, the amount of the debtor’s liability to the public health organisation is a charge on any money that is or may become payable in respect of such right to recover damages.\n> \n> > (3) The charge is enforceable by way of an action brought by the public health organisation in the same way as if the action were an action brought by or on behalf of the debtor claiming the amount of such liability as special damages.\n> \n> > (4) In any such action (or any judgment given concerning that action), the parties have, to the extent of the charge, the same rights and liabilities (and the court has the same powers) as if the action were by or on behalf of the debtor.\n> \n> > (5) The action may be brought despite—\n> > \n> > > (a) any judgment recovered by or on behalf of the debtor, and\n> > \n> > > (b) any payment made to the debtor or any other person (except the public health organisation) in respect of the defendant’s liability, and\n> > \n> > > (c) any complete or partial discharge given by the debtor.\n> \n> > (6) However, any such payment or discharge in respect of a claim for damages is, to the extent of the payment or discharge, a valid discharge to the person making the payment or receiving the discharge if it is given after—\n> > \n> > > (a) the person injured has ceased to receive health services in respect of the injury, and\n> > \n> > > (b) the cost of all health services provided by any public health organisation has been fully paid or satisfied.","sortOrder":148},{"sectionNumber":"73","sectionType":"section","heading":"Order not to be made in certain circumstances","content":"#### 73 Order not to be made in certain circumstances\n\n73 Order not to be made in certain circumstances\n\n(cf PH Act s 32)\n\n> > (1) An order is not to be made under this Chapter by a court if it is satisfied that (having regard to the means, estate, or property of the person in respect of whom the order is sought or to the circumstances of the case) the order would be unreasonable.\n> \n> > (2) Nothing in this Chapter derogates from any rights that may exist for the recovery of money due.","sortOrder":149},{"sectionNumber":"74","sectionType":"section","heading":"Fees for medical attendance","content":"#### 74 Fees for medical attendance\n\n74 Fees for medical attendance\n\n(cf PH Act s 36)\n\n> > (1) A medical practitioner is not entitled to charge a patient who is under treatment by the medical practitioner in any public hospital with any fees in respect of the treatment if that treatment is provided as part of the provision of a non-chargeable hospital service.\n> \n> > (2) Any contract between a patient and a medical practitioner for any payment made in contravention of this section is unenforceable.","sortOrder":150},{"sectionNumber":"75","sectionType":"section","heading":"Hospital and other health services provided by Crown","content":"#### 75 Hospital and other health services provided by Crown\n\n75 Hospital and other health services provided by Crown\n\n> A reference in this Chapter to a hospital service or other health service provided to a person by a public health organisation includes a reference to a hospital service or other health service provided by a public hospital controlled by the Crown (including the Minister or the Health Administration Corporation).","sortOrder":151},{"sectionNumber":"76","sectionType":"section","heading":"Who is a visiting practitioner?","content":"#### 76 Who is a visiting practitioner?\n\n76 Who is a visiting practitioner?\n\n(cf PH Act s 29K)\n\n> A visiting practitioner is a medical practitioner or dentist who is appointed by a public health organisation (otherwise than as an employee) to practise as a medical practitioner or dentist in accordance with the conditions of appointment at any of its public hospitals or health institutions, or in relation to any health service it provides, specified in the appointment.","sortOrder":153},{"sectionNumber":"77","sectionType":"section","heading":"What are the kinds of visiting practitioners?","content":"#### 77 What are the kinds of visiting practitioners?\n\n77 What are the kinds of visiting practitioners?\n\n(cf PH Act s 29K)\n\n> The kinds of visiting practitioners are—\n> \n> > (a) visiting practitioners appointed under a service contract (whether as visiting medical officers or honorary medical officers), and\n> \n> > (b) visiting practitioners appointed otherwise than under a service contract.","sortOrder":154},{"sectionNumber":"78","sectionType":"section","heading":"Who is a visiting medical officer?","content":"#### 78 Who is a visiting medical officer?\n\n78 Who is a visiting medical officer?\n\n(cf PH Act s 29K)\n\n> A visiting medical officer is a medical practitioner appointed under a service contract (whether the practitioner or his or her practice company is a party to the contract) to provide services as a visiting practitioner for monetary remuneration for or on behalf of the public health organisation concerned.","sortOrder":155},{"sectionNumber":"79","sectionType":"section","heading":"Who is an honorary medical officer?","content":"#### 79 Who is an honorary medical officer?\n\n79 Who is an honorary medical officer?\n\n(cf PH Act s 29K)\n\n> An honorary medical officer is a medical practitioner appointed under an honorary contract (whether the practitioner or his or her practice company is a party to the contract) to provide services as a visiting practitioner for or on behalf of the public health organisation concerned.\n> \n> Note.\n> \n> Section 84 defines honorary contract to mean a service contract under which the services of a medical practitioner are provided to or on behalf of a public health organisation otherwise than for monetary remuneration.","sortOrder":156},{"sectionNumber":"80","sectionType":"section","heading":"What is a service contract?","content":"#### 80 What is a service contract?\n\n80 What is a service contract?\n\n(cf PH Act s 29K)\n\n> > (1) A service contract is an agreement between—\n> > \n> > > (a) a public health organisation and a medical practitioner under which the practitioner is appointed as a visiting practitioner to provide to or on behalf of the public health organisation the medical services that are specified in the agreement, or\n> > \n> > > (b) a public health organisation and a practice company under which—\n> > > \n> > > > (i) the medical practitioner who conducts his or her practice by means of the company is appointed as a visiting practitioner, and\n> > > \n> > > > (ii) the company agrees to provide to or on behalf of the public health organisation the medical services, to be performed by the medical practitioner (as a visiting practitioner), that are specified in the agreement.\n> \n> > (2) Any contract, agreement or other arrangement for the supply of medical services that is entered into as a result of a tendering process is not a service contract.","sortOrder":159},{"sectionNumber":"81","sectionType":"section","heading":"What are the kinds of service contracts?","content":"#### 81 What are the kinds of service contracts?\n\n81 What are the kinds of service contracts?\n\n> The kinds of service contracts include (but are not limited to) the following—\n> \n> > (a) fee-for-service contracts,\n> \n> > (b) sessional contracts,\n> \n> > (c) honorary contracts.","sortOrder":160},{"sectionNumber":"82","sectionType":"section","heading":"What is a fee-for-service contract?","content":"#### 82 What is a fee-for-service contract?\n\n82 What is a fee-for-service contract?\n\n(cf PH Act s 29K)\n\n> A fee-for-service contract is a service contract under which a medical practitioner (or the medical practitioner’s practice company) is remunerated for medical services performed by the medical practitioner by reference to a scale of fees for different kinds of medical services that is contained in, or specified or otherwise identified by, the contract.","sortOrder":161},{"sectionNumber":"83","sectionType":"section","heading":"What is a sessional contract?","content":"#### 83 What is a sessional contract?\n\n83 What is a sessional contract?\n\n(cf PH Act s 29K)\n\n> A sessional contract is a service contract under which the medical practitioner (or the medical practitioner’s practice company) is remunerated by reference to any hourly rate or rates for services provided, but not on a fee-for-service basis.","sortOrder":162},{"sectionNumber":"84","sectionType":"section","heading":"What is an honorary contract?","content":"#### 84 What is an honorary contract?\n\n84 What is an honorary contract?\n\n(cf PH Act s 29K)\n\n> An honorary contract is a service contract under which the services of a medical practitioner are provided to or on behalf of a public health organisation otherwise than for monetary remuneration.","sortOrder":163},{"sectionNumber":"85","sectionType":"section","heading":"When can medical practitioners elect to provide their services through their practice companies?","content":"#### 85 When can medical practitioners elect to provide their services through their practice companies?\n\n85 When can medical practitioners elect to provide their services through their practice companies?\n\n> > (1) A medical practitioner who a public health organisation wishes to appoint as a visiting medical officer may elect to be appointed under a service contract entered into between the organisation and the medical practitioner’s practice company.\n> \n> > (2) However, no such election may be made unless the medical practitioner’s practice company—\n> > \n> > > (a) carries public liability insurance to a level approved by the Health Secretary from time to time, and\n> > \n> > > (b) carries professional indemnity insurance.\n> \n> > (3), (4) (Repealed)\n> \n> **s 85:** Am 2003 No 52, Sch 1 \\[2\\]; 2010 No 34, Sch 2.27 \\[2\\] \\[3\\].","sortOrder":165},{"sectionNumber":"86","sectionType":"section","heading":"Service contracts to be in writing","content":"#### 86 Service contracts to be in writing\n\n86 Service contracts to be in writing\n\n(cf PH Act s 29RA)\n\n> > (1) A visiting medical officer or honorary medical officer must not be appointed unless the terms and conditions to which the officer is to be subject are in the form of a written service contract between—\n> > \n> > > (a) the officer (or the officer’s practice company), and\n> > \n> > > (b) the relevant public health organisation.\n> \n> > (2) An appointment made in contravention of this section is void.","sortOrder":166},{"sectionNumber":"87","sectionType":"section","heading":"Minister may approve of standard conditions for service contracts","content":"#### 87 Minister may approve of standard conditions for service contracts\n\n87 Minister may approve of standard conditions for service contracts\n\n(cf PH Act s 29RB)\n\n> > (1) The Minister may, by order in writing, approve of sets of conditions (including remuneration) recommended by the Association for inclusion in service contracts, entered into on or after the day on which the order takes effect, of a class specified in the order.\n> \n> > (2) A standard service contract, in relation to a class of service contracts (such as fee-for-service contracts, sessional contracts or honorary contracts), is a contract that, when entered into, contains the set of conditions (if any) approved for the time being under subsection (1) for those service contracts, whether or not it contains other conditions that are not inconsistent with the approved set of conditions.\n> \n> > (3) An order under this section takes effect—\n> > \n> > > (a) on the day the order is made, or\n> > \n> > > (b) on such later day as may be specified in the order.\n> \n> > (4) An order under this section is to specify a period for the purposes of section 89(3) (being a period that does not exceed 5 years).","sortOrder":167},{"sectionNumber":"88","sectionType":"section","heading":"Standard service contracts to be used","content":"#### 88 Standard service contracts to be used\n\n88 Standard service contracts to be used\n\n(cf PH Act s 29RC)\n\n> > (1) A service contract of a class for which there is a standard service contract must not be entered into unless it contains the set of conditions contained in the relevant standard service contract.\n> \n> > (2) A service contract entered into in contravention of this section is void.\n> \n> > (3) This section does not apply to honorary contracts.","sortOrder":168},{"sectionNumber":"89","sectionType":"section","heading":"Application for appointment of arbitrator","content":"#### 89 Application for appointment of arbitrator\n\n89 Application for appointment of arbitrator\n\n(cf PH Act s 29L)\n\n> > (1) The Minister or the Association may apply (either jointly or individually) to the relevant Minister for the appointment of an arbitrator to determine—\n> > \n> > > (a) the terms and conditions of work, the amounts or rates of remuneration and the bases on which those amounts or rates are applicable, in respect of medical services provided by visiting medical officers under fee-for-service contracts or sessional contracts (or both), and\n> > \n> > > (b) the date or dates (not being a date or dates earlier than the date of the determination) on and from which any determination made under paragraph (a) is to have effect.\n> > \n> > Note.\n> > \n> > The Dictionary defines relevant Minister to mean the Minister administering the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) for the time being.\n> \n> > (2) An application is to be in the form approved by the relevant Minister from time to time.\n> \n> > (3) An application that seeks to obtain a determination under this Part—\n> > \n> > > (a) in relation to a class of service contracts for which there is a standard service contract, and\n> > \n> > > (b) that, if made, would be at variance with a condition approved under section 87,\n> > \n> > cannot be made before the expiry of such period as may have been specified in the order under section 87 by force of which the condition concerned was last included in the standard service contract.\n> \n> **s 89:** Am 2000 No 53, Sch 1.10 \\[2\\].","sortOrder":170},{"sectionNumber":"90","sectionType":"section","heading":"Appointment of arbitrator by relevant Minister","content":"#### 90 Appointment of arbitrator by relevant Minister\n\n90 Appointment of arbitrator by relevant Minister\n\n> On receipt of an application under section 89, the relevant Minister must appoint a judicial member of the Industrial Relations Commission, nominated by the President of the Commission for the purposes of this section, to be the arbitrator for the purposes of making a determination under this part.\n> \n> **s 90:** Am 1999 No 76, Sch 9 \\[1\\] \\[2\\]. Subst 2016 No 48, Sch 2.20 \\[1\\]; 2025 No 8, Sch 1.3\\[1\\].","sortOrder":171},{"sectionNumber":"91","sectionType":"section","heading":"Nature of determination","content":"#### 91 Nature of determination\n\n91 Nature of determination\n\n(cf PH Act s 29M)\n\n> > (1) The arbitrator must, as soon as practicable after being appointed under section 90, determine—\n> > \n> > > (a) the terms and conditions of work, the amounts or rates of remuneration and the bases on which those amounts or rates are applicable, in respect of medical services provided by visiting medical officers under fee-for-service contracts or sessional contracts (or both), and\n> > \n> > > (b) the date or dates (not being a date or dates earlier than the date of the determination) on and from which any determination made under paragraph (a) is to have effect.\n> \n> > (2) The arbitrator must endeavour to bring the persons appearing before the arbitrator to agreement regarding the matters in respect of which the arbitrator is required to make a determination under this Part.\n> \n> **s 91:** Am 2000 No 53, Sch 1.10 \\[3\\].","sortOrder":172},{"sectionNumber":"92","sectionType":"section","heading":"Manner of exercise of arbitrator’s functions","content":"#### 92 Manner of exercise of arbitrator’s functions\n\n92 Manner of exercise of arbitrator’s functions\n\n(cf PH Act s 29N)\n\n> > (1) In making a determination under this part, the arbitrator—\n> > \n> > > (a) is not bound by the rules of evidence and may inform themselves on any matter as the arbitrator sees fit, and\n> > \n> > > (b) must act judicially and be governed by equity and good conscience, without regard to technicalities or legal forms.\n> \n> > (2) In making a determination under this part, the arbitrator must—\n> > \n> > > (a) have regard to the established principles of the Industrial Relations Commission in connection with the determination of remuneration and terms and conditions of work under awards made under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), and\n> > \n> > > (b) take into account the public interest and, for that purpose, have regard to—\n> > > \n> > > > (i) the objects of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), other than the objects specified in that Act, section 3(c)–(e), and\n> > > \n> > > > (ii) the state of the economy of New South Wales and the likely effect of the making of the determination on the economy, and\n> > > \n> > > > (iii) the fiscal position and outlook of the Government and the likely effect of the making of the determination on the position and outlook.\n> \n> **s 92:** Am 2011 No 25, Sch 4 \\[1\\]; 2025 No 8, Sch 1.3\\[2\\]–\\[4\\].","sortOrder":173},{"sectionNumber":"93","sectionType":"section","heading":"Rights of appearance, administration of oaths, legal representation","content":"#### 93 Rights of appearance, administration of oaths, legal representation\n\n93 Rights of appearance, administration of oaths, legal representation\n\n(cf PH Act s 29O)\n\n> > (1) The Minister and the Association may appear before and be heard by an arbitrator by their respective representatives in any proceedings before the arbitrator.\n> \n> > (2) Any other person may, by the person’s representative, appear before and be heard by the arbitrator—\n> > \n> > > (a) only with the arbitrator’s leave, and\n> > \n> > > (b) subject to such conditions as the arbitrator determines.\n> \n> > (3) The arbitrator must not grant leave under subsection (2) unless the arbitrator considers that the person concerned has a special interest in the outcome of the proceedings.\n> \n> > (4) The arbitrator may administer an oath to any person appearing as a witness in any proceedings before the arbitrator.\n> \n> > (5) A person appearing before the arbitrator may be represented by an Australian legal practitioner.\n> \n> **s 93:** Am 2005 No 98, Sch 3.30 \\[1\\].","sortOrder":174},{"sectionNumber":"94","sectionType":"section","heading":"Conduct of proceedings and protection of arbitrator","content":"#### 94 Conduct of proceedings and protection of arbitrator\n\n94 Conduct of proceedings and protection of arbitrator\n\n(cf PH Act s 29P)\n\n> > (1) Subject to this Part and the regulations, proceedings before the arbitrator are to be conducted in whatever manner the arbitrator may determine.\n> \n> > (2) The arbitrator may, as he or she thinks fit, conduct any proceedings under this Part (or any part of the proceedings) in public or in private.\n> \n> > (3) In the exercise of the arbitrator’s duty as arbitrator, the arbitrator has the same protection and immunity as a Judge of the Supreme Court.","sortOrder":175},{"sectionNumber":"95","sectionType":"section","heading":"Notification of determination and finality of determination","content":"#### 95 Notification of determination and finality of determination\n\n95 Notification of determination and finality of determination\n\n(cf PH Act s 29Q)\n\n> > (1) The arbitrator must give written notice to the Minister and the Association of the arbitrator’s determination under this Part.\n> \n> > (2) Except as provided by section 96, a determination made under this Part (or a purported determination)—\n> > \n> > > (a) is final, and\n> > \n> > > (b) may not be appealed against, reviewed, quashed or called into question by any court or tribunal (whether on an issue of fact, law, jurisdiction or otherwise).","sortOrder":176},{"sectionNumber":"96","sectionType":"section","heading":"Appeal to Full Bench of the Industrial Relations Commission","content":"#### 96 Appeal to Full Bench of the Industrial Relations Commission\n\n96 Appeal to Full Bench of the Industrial Relations Commission\n\n(cf PH Act s 29QA)\n\n> > (1) The Minister or the Association may appeal to a Full Bench of the Industrial Relations Commission against a determination made under this Part.\n> \n> > (2) Subject to subsection (1), the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) applies to any such appeal in the same way as it applies to an appeal from a decision of a single member of the Industrial Relations Commission.\n> \n> Note.\n> \n> Part 7 of Chapter 4 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) provides for appeals to the Full Bench of the Commission. Under section 188 of that Act, appeals lie to the Full Bench only by leave.","sortOrder":177},{"sectionNumber":"97","sectionType":"section","heading":"Interpretation of determination","content":"#### 97 Interpretation of determination\n\n97 Interpretation of determination\n\n> > (1) The Minister or the Association may apply to the Industrial Relations Commission in Court Session for a declaration of right under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), section 154 in relation to the interpretation, application or operation of a determination made under this part.\n> \n> > (2) Subject to subsection (1), the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) applies to the application in the same way as it applies to an application for a declaration of right in relation to another matter in which the Industrial Relations Commission, however constituted, has jurisdiction.\n> \n> **s 97:** Subst 2016 No 48, Sch 2.20 \\[2\\]. Subst 2023 No 41, Sch 2.19.","sortOrder":178},{"sectionNumber":"98","sectionType":"section","heading":"Determination contractually binding","content":"#### 98 Determination contractually binding\n\n98 Determination contractually binding\n\n(cf PH Act s 29R)\n\n> Any provision of any service contract that is inconsistent with a determination under this Part is, to the extent of the inconsistency, of no effect on and from the date or dates that the relevant determination is to take effect and the contract is, on and from that date or those dates, taken to be varied so as to include the terms of the determination.","sortOrder":179},{"sectionNumber":"99","sectionType":"section","heading":"Duty to report certain criminal and disciplinary matters","content":"#### 99 Duty to report certain criminal and disciplinary matters\n\n99 Duty to report certain criminal and disciplinary matters\n\n> > (1) A visiting practitioner appointed by a public health organisation who is charged with having committed, or is convicted of, a serious sex or violence offence must, within 7 days of the charge being laid or the conviction, report that fact in writing to the chief executive of the organisation.\n> > \n> > Note.\n> > \n> > The term serious sex or violence offence is defined in the Dictionary to mean an offence involving sexual activity, sexual touching or a sexual act, physical violence or the threat of physical violence that—\n> > \n> > > (a) if committed in New South Wales, is punishable by imprisonment for 12 months or more, or\n> > \n> > > (b) if committed elsewhere than in New South Wales, would have been an offence punishable by imprisonment for 12 months or more if committed in New South Wales.\n> \n> > (2) A visiting practitioner appointed by a public health organisation who is the subject of one of the following findings must report that fact to the chief executive of the organisation, and provide the chief executive with a copy of the finding, within 7 days of receiving notice of the finding—\n> > \n> > > (a) a finding of unsatisfactory professional conduct or professional misconduct made under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a),\n> > \n> > > (b) a finding made under the law of another State or Territory that substantially corresponds to or is substantially the same as a finding referred to in paragraph (a).\n> \n> **s 99:** Am 1999 No 94, Sch 4.114; 2010 No 34, Sch 2.27 \\[4\\]; 2018 No 33, Sch 5.9 \\[1\\]; 2020 No 32, Sch 3\\[1\\].","sortOrder":181},{"sectionNumber":"99A","sectionType":"section","heading":"Duty of chief executive to report certain conduct of visiting practitioner","content":"#### 99A Duty of chief executive to report certain conduct of visiting practitioner\n\n99A Duty of chief executive to report certain conduct of visiting practitioner\n\n> > (1) The chief executive of a public health organisation is to report to the relevant professional council any conduct of a visiting practitioner that the chief executive suspects on reasonable grounds may constitute professional misconduct or unsatisfactory professional conduct under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> > (2) In this section, relevant professional council means—\n> > \n> > > (a) in relation to a visiting practitioner who is a medical practitioner, the Medical Council of New South Wales, or\n> > \n> > > (b) in relation to a visiting practitioner who is a dentist, the Dental Council of New South Wales.\n> \n> > (3) If a chief executive is required to report the same conduct under this section and under section 142 of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), compliance with either section, or with alternative reporting requirements approved by the Health Secretary, satisfies the requirements of both sections.\n> \n> > (4) A report made because of a requirement under this section is taken to be a complaint both for the purposes of Part 8 of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) and for the purposes of the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105) (including sections 96 and 98 of that Act).\n> \n> **s 99A:** Ins 2004 No 98, Sch 4.3 \\[1\\]. Am 2005 No 98, Sch 2.29; 2010 No 34, Sch 2.27 \\[5\\]–\\[7\\]; 2019 No 1, Sch 1.8.","sortOrder":182},{"sectionNumber":"100","sectionType":"section","heading":"Termination of appointments in certain cases of serious sex or violence offences","content":"#### 100 Termination of appointments in certain cases of serious sex or violence offences\n\n100 Termination of appointments in certain cases of serious sex or violence offences\n\n> > (1) Chief executive to notify Health Secretary of certain matters The chief executive of a public health organisation must notify the Health Secretary of the following matters—\n> > \n> > > (a) that a visiting practitioner of the organisation has been convicted (whether before or during the term of his or her appointment as a visiting practitioner) of a serious sex or violence offence,\n> > \n> > > (b) whether or not the public health organisation proposes to terminate the appointment of the visiting practitioner and the reasons why it intends to terminate or not to terminate the appointment,\n> > \n> > > (c) any written submissions made to the chief executive under subsection (3) concerning the conviction.\n> \n> > (2) When chief executive to notify The chief executive is to notify the Health Secretary under subsection (1) within 30 days (or such further period as may be agreed to by the Health Secretary) of becoming aware of the visiting practitioner’s conviction.\n> \n> > (3) Chief executive to afford practitioner opportunity to make submissions Before notifying the Health Secretary under subsection (1), the chief executive is to afford the visiting practitioner concerned a reasonable opportunity to make written submissions concerning any matter relevant to the conviction that the visiting practitioner wishes to have considered in determining whether or not to terminate the practitioner’s appointment.\n> \n> > (4) Powers of Health Secretary on being notified On being notified of the matters referred to in subsection (1), the Health Secretary may—\n> > \n> > > (a) confirm the proposed termination or retention of the visiting practitioner, or\n> > \n> > > (b) refuse to confirm the proposed termination or proposed retention of the visiting practitioner and direct the public health organisation not to terminate or to terminate the appointment (as the case may be).\n> \n> > (5) When public health organisation may terminate appointment on its own initiative A public health organisation may terminate the appointment of a visiting practitioner who has been convicted (whether before or during the term of his or her appointment as a visiting practitioner) of a serious sex or violence offence, but only if—\n> > \n> > > (a) the chief executive has notified the Health Secretary under subsection (1) of the proposal to terminate the appointment and of the matters referred to in that subsection, and\n> > \n> > > (b) the Health Secretary has notified the organisation that he or she has confirmed the organisation’s proposal to terminate the appointment.\n> \n> > (6) Public health organisation must terminate appointment if Health Secretary directs A public health organisation must terminate the appointment of a visiting practitioner under this Part who has been convicted (whether before or during the appointment) of a serious sex or violence offence if the Health Secretary has directed the public health organisation to do so under subsection (4)(b).\n> \n> > (7) Section does not apply to previously disclosed convictions This section does not apply to a conviction that occurred before a person was appointed as a visiting practitioner if before that appointment—\n> > \n> > > (a) the person notified the chief executive of the public health organisation in writing of the fact of the conviction, and\n> > \n> > > (b) the chief executive of the organisation reported the conviction to the Health Secretary, and\n> > \n> > > (c) the Health Secretary notified the public health organisation in writing that he or she consented to the person being appointed as a visiting practitioner.\n> \n> > (8) Functions of chief executive may be carried out by authorised person The functions of a chief executive of a public health organisation under this section may be carried out by a person who is authorised by the chief executive to do so.\n> \n> > (9) Application of section This section extends to a conviction that occurred before the commencement of this section.","sortOrder":183},{"sectionNumber":"101","sectionType":"section","heading":"Protection of patients, clients and children to be paramount consideration","content":"#### 101 Protection of patients, clients and children to be paramount consideration\n\n101 Protection of patients, clients and children to be paramount consideration\n\n> The protection of a public health organisation’s patients and clients and of children for which it is responsible is to be the paramount consideration in relation to determining whether to terminate a visiting practitioner’s appointment under this Part.","sortOrder":184},{"sectionNumber":"102","sectionType":"section","heading":"No compensation for termination of appointment","content":"#### 102 No compensation for termination of appointment\n\n102 No compensation for termination of appointment\n\n> No compensation (whether for breach of contract or otherwise) is payable in respect of the termination of the appointment of a visiting practitioner under this Part.","sortOrder":185},{"sectionNumber":"103","sectionType":"section","heading":"Appeal rights","content":"#### 103 Appeal rights\n\n103 Appeal rights\n\n> > (1) Nothing in this Part affects any right to appeal that a visiting practitioner may have under Part 4 in relation to the termination of his or her appointment.\n> \n> > (2) However, a visiting practitioner cannot appeal under that Part against a decision under this Part to terminate his or her appointment because the practitioner has been convicted of a serious sex or violence offence in respect of—\n> > \n> > > (a) a minor (but only if the offence committed involves sexual activity or sexual touching or a sexual act with, or in relation to the minor), or\n> > \n> > > (b) a patient or client of the practitioner if the offence is committed during the course of his or her practice as a medical practitioner or dentist (whether as a visiting practitioner or otherwise).\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) defines minor to mean an individual who is under the age of 18 years.\n> \n> **s 103:** Am 2018 No 33, Sch 5.9 \\[2\\]; 2023 No 7, Sch 3.13.","sortOrder":186},{"sectionNumber":"104","sectionType":"section","heading":"Effect of Part on other rights","content":"#### 104 Effect of Part on other rights\n\n104 Effect of Part on other rights\n\n> > (1) Nothing in this Part affects any other rights (whether conferred by statute or otherwise) that a public health organisation may have in relation to a visiting practitioner who—\n> > \n> > > (a) fails to disclose the fact of being charged with committing, or of being convicted of, a serious sex or violence offence, or\n> > \n> > > (b) is charged with committing, or who has been convicted of, a serious sex or violence offence, or\n> > \n> > > (c) fails to disclose the fact of having a finding of unsatisfactory professional conduct or professional misconduct made against the practitioner, or\n> > \n> > > (d) has a finding of unsatisfactory professional conduct or professional misconduct made against the practitioner.\n> \n> > (2) Nothing in this Part affects the operation of the [Criminal Records Act 1991](/view/html/inforce/current/act-1991-008) in relation to spent convictions within the meaning of that Act.\n> \n> Note.\n> \n> Section 22 of the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135) makes it an offence for a person to disclose any information obtained in connection with the administration or execution of that Act or any other Act conferring or imposing functions on the Health Secretary, except in the circumstances specified in that section.","sortOrder":187},{"sectionNumber":"105","sectionType":"section","heading":"Public health organisation to notify visiting practitioners of certain decisions","content":"#### 105 Public health organisation to notify visiting practitioners of certain decisions\n\n105 Public health organisation to notify visiting practitioners of certain decisions\n\n(cf PH Act s 33H)\n\n> > (1) If a public health organisation—\n> > \n> > > (a) reduces any clinical privileges of a person appointed as a visiting practitioner that have previously been granted, or\n> > \n> > > (b) does not re-appoint a person as a visiting practitioner, or\n> > \n> > > (c) suspends or terminates the appointment of a person as a visiting practitioner,\n> > \n> > it must give notice in writing to the person of its decision (and the reasons for the decision) within 14 days of the date of the making of the decision.\n> \n> > (2) In this Part, clinical privileges means the kind of clinical work (subject to any restrictions) that the public health organisation determines the visiting practitioner is to be allowed to perform at any of its hospitals.","sortOrder":189},{"sectionNumber":"106","sectionType":"section","heading":"Right of appeal to Minister","content":"#### 106 Right of appeal to Minister\n\n106 Right of appeal to Minister\n\n(cf PH Act s 33I)\n\n> > (1) A person who is dissatisfied with a decision of a public health organisation referred to in section 105(1) concerning the person may appeal to the Minister against that decision.\n> \n> > (2) However, a person cannot appeal to the Minister in relation to any of the following decisions—\n> > \n> > > (a) a decision by a public health organisation not to re-appoint the person as a visiting practitioner if the organisation has ceased to offer appointments of the kind to which the person seeks re-appointment,\n> > \n> > > (b) a decision by a public health organisation reducing the clinical privileges of a person if the decision is based on grounds other than the lack of professional competence of the person,\n> > \n> > > (c) a decision by a public health organisation not to re-appoint a visiting practitioner (or a decision to terminate the appointment of a visiting practitioner) if—\n> > > \n> > > > (i) the decision is based on the fact that the practitioner has been convicted of a serious sex or violence offence in respect of a minor, and\n> > > \n> > > > (ii) the offence committed involves sexual activity or sexual touching or a sexual act with, or in relation to the minor,\n> > \n> > > (d) a decision by a public health organisation not to re-appoint a visiting practitioner (or a decision to terminate the appointment of a visiting practitioner) if the decision is based on the fact that the practitioner has been convicted of a serious sex or violence offence in respect of a patient or client of the practitioner that is committed during the course of his or her practice as a medical practitioner or dentist (whether as a visiting practitioner or otherwise).\n> \n> > (3) For the purposes of this section, a failure of a public health organisation to re-appoint a person as a visiting practitioner on or before his or her appointment expires is taken to be a decision not to re-appoint the person.\n> \n> **s 106:** Am 2018 No 33, Sch 5.9 \\[3\\].","sortOrder":190},{"sectionNumber":"107","sectionType":"section","heading":"Notice of appeal to Minister","content":"#### 107 Notice of appeal to Minister\n\n107 Notice of appeal to Minister\n\n(cf PH Act s 33J)\n\n> > (1) An appellant must give notice to the Minister of the grounds of the appellant’s appeal in the form and manner approved by the Minister from time to time.\n> \n> > (2) A notice under subsection (1) must be given within 1 month (or within such longer period as the Minister may allow) of the following dates—\n> > \n> > > (a) if a public health organisation makes a decision referred to in section 105(1)—the date on which the public health organisation notified the appellant under that subsection of the reasons for its decision, or\n> > \n> > > (b) if a public health organisation is taken to have made a decision under section 106(3)—the date on which the appointment of the visiting practitioner concerned expires.","sortOrder":191},{"sectionNumber":"108","sectionType":"section","heading":"Constitution of Committee of Review","content":"#### 108 Constitution of Committee of Review\n\n108 Constitution of Committee of Review\n\n(cf PH Act s 33K)\n\n> > (1) On receipt of a notice under section 107, the Minister must appoint a Committee of Review to determine the appeal.\n> \n> > (2) A Committee of Review is to be constituted by—\n> > \n> > > (a) an Australian lawyer of at least 7 years standing (who is also to be appointed as the Chairperson of the Committee), and\n> > \n> > > (b) if the appellant is a medical practitioner—1 person nominated by the Association who is a medical practitioner, and\n> > \n> > > (c) if the appellant is a dentist—1 person nominated by the Australian Dental Association, New South Wales Branch who is a dentist, and\n> > \n> > > (c1) a person appointed by the Minister who—\n> > > \n> > > > (i) in the Minister’s opinion, is conversant with the interests of patients as consumers of health services provided by the public health system, and\n> > > \n> > > > (ii) is not, and has never been, a medical practitioner or a dentist, and\n> > \n> > > (d) 1 other person appointed in accordance with subsection (4).\n> \n> > (3) A person must not be appointed under subsection (2)(b) or (c) unless the Minister is satisfied that the person nominated is sufficiently experienced in the administration of health services within the public health system to warrant being appointed.\n> \n> > (4) A person may be appointed under subsection (2)(d) only if—\n> > \n> > > (a) the Minister is satisfied that the person appointed is sufficiently experienced in the administration of health services within the public health system to warrant being appointed, and\n> > \n> > > (b) if the decision being appealed relates to a lack of professional standards or competence—the person appointed is a medical practitioner (if the appellant is a medical practitioner) or a dentist (if the appellant is a dentist).\n> \n> > (5) If the Association or the Australian Dental Association, New South Wales Branch fails to nominate a person for appointment to the Committee within such time as may be notified by the Minister, the Minister may nominate a person who is eligible to be nominated by either Association under subsection (2).\n> \n> > (6) A decision of the Minister as to whether a Committee should be constituted as provided by subsection (4) is final.\n> \n> **s 108:** Am 1998 No 54, Sch 1.10 \\[1\\] \\[2\\]; 2006 No 30, Sch 9.6; 2018 No 73, Sch 4 \\[1\\].","sortOrder":192},{"sectionNumber":"109","sectionType":"section","heading":"Date and place of hearing","content":"#### 109 Date and place of hearing\n\n109 Date and place of hearing\n\n(cf PH Act s 33L)\n\n> The Chairperson of the Committee—\n> \n> > (a) is to fix a date and a place for the hearing of the appeal, and\n> \n> > (b) must give 14 days’ notice of those details to the parties to the proceedings.","sortOrder":193},{"sectionNumber":"110","sectionType":"section","heading":"Right of appearance","content":"#### 110 Right of appearance\n\n110 Right of appearance\n\n(cf PH Act s 33M)\n\n> > (1) In any proceedings before a Committee, a party to the proceedings may appear in person or by an agent. However, no party is to be represented by an Australian legal practitioner except with the consent of all parties and by leave of the Committee.\n> \n> > (2) The proceedings may, at the discretion of the Committee, be conducted wholly or partly in private.\n> \n> **s 110:** Am 2005 No 98, Sch 3.30 \\[1\\].","sortOrder":194},{"sectionNumber":"111","sectionType":"section","heading":"Powers of and procedure before a Committee","content":"#### 111 Powers of and procedure before a Committee\n\n111 Powers of and procedure before a Committee\n\n(cf PH Act s 33N)\n\n> > (1) A Committee has, for the purposes of the appeal, the powers, authorities, protections and immunities conferred by the [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029) on a commissioner and the chairperson of a commission respectively, appointed under Division 1 of Part 2 of that Act. That Act (Division 2 of Part 2 excepted) applies to any witness summoned by or appearing before a Committee in the same way as it applies to any witness summoned by or appearing before a commission.\n> \n> > (2) The decision of the Chairperson of the Committee on any question of law or procedure that may arise before a Committee is taken to be the decision of the Committee.\n> \n> > (3) Except as provided by subsection (2), a decision supported by a majority of the Committee is the decision of the Committee.\n> \n> > (4) If 2 members support a proposed decision and 2 members oppose the proposed decision, the Chairperson has a second or casting vote.\n> \n> **s 111:** Am 2018 No 73, Sch 4 \\[2\\].","sortOrder":195},{"sectionNumber":"112","sectionType":"section","heading":"Determination of appeal","content":"#### 112 Determination of appeal\n\n112 Determination of appeal\n\n(cf PH Act s 33O)\n\n> > (1) Subject to this Part and the regulations, a Committee must determine the appeal and may make such orders with respect to the matter being appealed as the Committee considers proper.\n> \n> > (1A) Following its determination of an appeal, if a Committee considers on reasonable grounds that—\n> > \n> > > (a) serious concerns exist in relation to the performance or competence of the appellant, or\n> > \n> > > (b) the appellant has engaged in conduct that may constitute professional misconduct or unsatisfactory professional conduct under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), or\n> > \n> > > (c) the appellant may have an impairment under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a),\n> > \n> > > (d) (Repealed)\n> > \n> > the Chairperson of the Committee may refer the matter to the Medical Council of New South Wales (in the case of a medical practitioner) or the Dental Council of New South Wales (in the case of a dentist) to be dealt with as a complaint under Part 8 of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> > (2) If a public health organisation refused to re-appoint the appellant because it had appointed persons to all its available relevant positions that it considered to be better applicants, the Committee cannot order the re-appointment of the appellant unless it specifies in the order which one of those other practitioners’ appointments is to be made available to the appellant.\n> \n> > (3) The Chairperson of the Committee is to notify the Minister in writing of any order of the Committee made under this section.\n> \n> > (4) In this section—\n> > \n> > relevant position means any position as a visiting practitioner of the public health organisation that is of the kind to which the appellant seeks re-appointment.\n> \n> **s 112:** Am 2007 No 89, Sch 2.5 \\[4\\]; 2010 No 34, Sch 2.27 \\[8\\]–\\[10\\].","sortOrder":196},{"sectionNumber":"113","sectionType":"section","heading":"Effect and implementation of order","content":"#### 113 Effect and implementation of order\n\n113 Effect and implementation of order\n\n(cf PH Act s 33P)\n\n> > (1) An order of a Committee under section 112—\n> > \n> > > (a) has force and effect from the date it is made, and\n> > \n> > > (b) is taken to be the final decision of the public health organisation concerned and must be given effect to accordingly.\n> \n> > (2) If a Committee makes an order for re-appointment referred to in section 112(2)—\n> > \n> > > (a) the appointment of any visiting practitioner specified in the order (along with any related service contract) is terminated, and\n> > \n> > > (b) no compensation is payable to the visiting practitioner (or to any party to a related service contract) as a consequence of the termination of the appointment or contract or of a public health organisation giving effect to the order.","sortOrder":197},{"sectionNumber":"114","sectionType":"section","heading":"Application of Act to agreements with visiting practitioners","content":"#### 114 Application of Act to agreements with visiting practitioners\n\n114 Application of Act to agreements with visiting practitioners\n\n(cf PH Act s 29T)\n\n> > (1) This section applies to any agreement between a public health organisation and a visiting practitioner relating to the performance of work by the visiting practitioner for the organisation, regardless of whether or not the agreement also relates to other matters.\n> \n> > (2) A provision of this Act (other than Parts 2, 3 and 4 of this Chapter) or a regulation or by-law made under this Act that is inconsistent with any of the rights and obligations under any agreement to which this section applies has (to the extent of the inconsistency) no force or effect in relation to the visiting practitioner concerned.\n> \n> > (3) In this section, a reference to an agreement includes a reference to a service contract.","sortOrder":199},{"sectionNumber":"115","sectionType":"section","heading":"The NSW Health Service","content":"#### 115 The NSW Health Service\n\n115 The NSW Health Service\n\n> > (1) The NSW Health Service consists of those persons who are employed under this Part by the Government of New South Wales in the service of the Crown.\n> \n> > (1A) Those persons are not employed in the Public Service of New South Wales.\n> \n> > (2) This Part does not affect any other means (statutory or otherwise) by which persons may be employed in the service of the Crown.\n> > \n> > Note.\n> > \n> > Other ways in which persons are employed in the service of the Crown include employment in the Public Service, the Teaching Service or the Transport Service.\n> \n> **s 115:** Am 2004 No 92, Sch 2 \\[16\\]–\\[18\\]. Subst 2006 No 2, Sch 2 \\[27\\]. Am 2006 No 94, Sch 3.16 \\[1\\]; 2016 No 2, Sch 2 \\[10\\] \\[11\\].","sortOrder":201},{"sectionNumber":"116","sectionType":"section","heading":"Employment of staff generally","content":"#### 116 Employment of staff generally\n\n116 Employment of staff generally\n\n> > (1) The Government of New South Wales may employ staff under this Part—\n> > \n> > > (a) to enable local health districts and statutory health corporations, and the public hospitals that they control, to exercise their functions, and\n> > \n> > > (b) to enable declared affiliated health organisations to exercise their functions in relation to their recognised establishments and recognised services, and\n> > \n> > > (c) to enable the Health Secretary to exercise his or her functions under Chapter 5A in relation to ambulance services, and\n> > \n> > > (d) to enable the Health Secretary to exercise his or her functions under Part 1A of Chapter 10 in relation to the provision of services to public health organisations and the public hospitals that they control, and\n> > \n> > > (e) to enable the Health Administration Corporation to exercise its functions under this or any other Act, and\n> > \n> > > (f) to enable the Cancer Institute (NSW) to exercise its functions under this or any other Act.\n> \n> > (2) The employment of staff in the NSW Health Service, including the exercise of employer functions in relation to that staff, is subject to the requirements of this or any other Act relating to that staff.\n> \n> > (3) The Health Secretary may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the staff employed in the NSW Health Service (except as otherwise provided by subsections (3A)–(3D)).\n> > \n> > Note.\n> > \n> > The Health Secretary’s functions under this or any other Act may, under section 21 of the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135), be delegated to any person.\n> \n> > (3A) A local health district board may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the chief executive of the local health district.\n> \n> > (3B) The chief executive of a local health district may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the other NSW Health Service senior executives employed to enable the local health district to exercise its functions.\n> \n> > (3C) The board of a specialty network governed health corporation may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the chief executive of the health corporation.\n> \n> > (3D) The chief executive of a specialty network governed health corporation may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the other NSW Health Service senior executives employed to enable the health corporation to exercise its functions.\n> \n> > (4) The Health Secretary may create divisions (however described) of staff in the NSW Health Service.\n> \n> > (5) This section does not limit the purposes for which, or the manner in which, staff may be employed in the NSW Health Service.\n> \n> **s 116:** Am 2004 No 87, Sch 2 \\[3\\]–\\[5\\]. Subst 2006 No 2, Sch 2 \\[27\\]. Am 2012 No 42, Sch 1.14; 2012 No 78, Sch 2.1 \\[1\\]; 2016 No 2, Sch 2 \\[12\\].","sortOrder":202},{"sectionNumber":"116A","sectionType":"section","heading":"Salary, conditions etc of staff employed in the NSW Health Service (other than senior executives)","content":"#### 116A Salary, conditions etc of staff employed in the NSW Health Service (other than senior executives)\n\n116A Salary, conditions etc of staff employed in the NSW Health Service (other than senior executives)\n\n> > (1) The Health Secretary may fix the salary, wages and conditions of employment of staff employed under this Part in so far as they are not fixed by or under any other law.\n> \n> > (2) The Health Secretary may give directions to a public health organisation requiring the payment by the organisation, on behalf of the Government of New South Wales, of the salary, wages and other employment-related costs (such as superannuation, workers compensation, public liability insurance and vicarious tortious liability) of those members of the NSW Health Service who are employed under this Part to enable the public health organisation to exercise its functions.\n> \n> > (3) The Health Secretary may enter into an agreement with any association or organisation representing a group or class of members of the NSW Health Service with respect to the conditions of employment (including salaries, wages or remuneration) of that group or class. Any such agreement may (subject to Part 2) extend to conditions in respect of the employment of persons convicted of, or charged with, serious sex or violence offences.\n> \n> > (4) An agreement under subsection (3) binds all members of staff in the group or class affected by the agreement, and no such member, whether a member of the association or organisation with which the agreement was entered into or not, has any right of appeal against the terms of the agreement.\n> \n> > (5) This section does not apply to the conditions of employment of NSW Health Service senior executives under Part 3 of this Chapter. This subsection does not prevent particular conditions of employment under this section from being adopted by reference in the contract of employment of the executives.\n> \n> **s 116A:** Ins 2006 No 2, Sch 2 \\[27\\]. Am 2016 No 2, Sch 2 \\[13\\].","sortOrder":203},{"sectionNumber":"116B","sectionType":"section","heading":"Special provisions relating to staff employed in connection with declared affiliated health organisations","content":"#### 116B Special provisions relating to staff employed in connection with declared affiliated health organisations\n\n116B Special provisions relating to staff employed in connection with declared affiliated health organisations\n\n> > (1) A person cannot be employed under this Part to enable a declared affiliated health organisation to exercise its functions in connection with its recognised establishments and recognised services unless the affiliated health organisation is satisfied that the person is suitable to carry out duties in connection with the organisation having regard to the health care philosophy of the organisation.\n> \n> > (2) Section 56 of the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048) applies in relation to the employment under this Part of staff in connection with a declared affiliated health organisation.\n> \n> **s 116B:** Ins 2006 No 2, Sch 2 \\[27\\].","sortOrder":204},{"sectionNumber":"116C","sectionType":"section","heading":"Transfer of staff within the NSW Health Service on ground of redundancy","content":"#### 116C Transfer of staff within the NSW Health Service on ground of redundancy\n\n116C Transfer of staff within the NSW Health Service on ground of redundancy\n\n> > (1) The Health Secretary may, on the ground of redundancy, direct the transfer of a member of the NSW Health Service (the staff member) from one position in the NSW Health Service to another position in the Service at a salary in accordance with any general determination under section 116A(1), but only if—\n> > \n> > > (a) the Health Secretary is satisfied that—\n> > > \n> > > > (i) the number of persons who are employed in or in connection with the public health organisation concerned exceeds the number that appears to be necessary for the effective, efficient and economical management of the functions and activities of the organisation, either generally or at a particular location, or\n> > > \n> > > > (ii) the mix of skills or other expertise of the persons who are employed in or in connection with the public health organisation concerned appears to be unsuitable for the effective, efficient and economical management of the functions and activities of the organisation, either generally or at a particular location, and\n> > \n> > > (b) the Health Secretary is satisfied that the staff member possesses the essential qualifications specified for the other position and the work assigned to the other position is appropriate to the skills and qualifications of the staff member, and\n> > \n> > > (c) if the staff member is to be transferred to a position in connection with a declared affiliated health organisation—the affiliated health organisation has been consulted by the Health Secretary as to the suitability of the staff member to carry out duties in connection with the organisation having regard to the health care philosophy of the organisation.\n> \n> > (2) If a staff member refuses a transfer from one position to another under this section, the Health Secretary may, if satisfied that the staff member has no valid reason for so refusing, dismiss the member from the NSW Health Service.\n> \n> > (3) No compensation is payable in respect of the dismissal.\n> \n> > (4) Nothing in this section affects the operation of Part 6 (Unfair dismissals) of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) or any other statutory right that a member of staff may have in relation to his or her dismissal from the NSW Health Service under this section.\n> \n> > (5) Nothing in this section prevents the transfer, under any other law, of members of staff of the NSW Health Service.\n> \n> > (6) This section does not apply to NSW Health Service senior executives.\n> \n> **s 116C:** Ins 2006 No 2, Sch 2 \\[27\\]. Am 2016 No 2, Sch 2 \\[14\\].","sortOrder":205},{"sectionNumber":"116D","sectionType":"section","heading":"Health Secretary may arrange for use of services or facilities outside of NSW Health Service","content":"#### 116D Health Secretary may arrange for use of services or facilities outside of NSW Health Service\n\n116D Health Secretary may arrange for use of services or facilities outside of NSW Health Service\n\n> For the purposes of facilitating the exercising of functions within the public health system, the Health Secretary may arrange for the use of the services of any staff (including by way of secondment to the NSW Health Service) or facilities of any government sector agency (within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040)) or of a public or local authority.\n> \n> **s 116D:** Ins 2006 No 2, Sch 2 \\[27\\]. Am 2016 No 2, Sch 2 \\[15\\].","sortOrder":206},{"sectionNumber":"116E","sectionType":"section","heading":"Obligations of declared affiliated health organisations under certain legislation","content":"#### 116E Obligations of declared affiliated health organisations under certain legislation\n\n116E Obligations of declared affiliated health organisations under certain legislation\n\n> > (1) For the purposes of the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), a declared affiliated health organisation has, in respect of the staff employed in the NSW Health Service to enable the organisation to exercise its functions, the functions and liabilities of the person conducting the business or undertaking conducted by a recognised establishment or recognised service of the organisation.\n> \n> > (2) A reference in the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048) to an employer in relation to employment in the NSW Health Service in connection with a declared affiliated health organisation and its recognised establishments and recognised services is taken to be a reference to the declared affiliated health organisation.\n> \n> **s 116E:** Ins 2006 No 2, Sch 2 \\[27\\]. Am 2011 No 67, Sch 4.12.","sortOrder":207},{"sectionNumber":"116F","sectionType":"section","heading":"Operation of privacy legislation","content":"#### 116F Operation of privacy legislation\n\n116F Operation of privacy legislation\n\n> If any staff are employed under this Part in the NSW Health Service to enable a public health organisation to exercise its functions, the staff are (however described) taken, for the purposes of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) and the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071), to be part of the public health organisation.\n> \n> **s 116F:** Ins 2006 No 2, Sch 2 \\[27\\].","sortOrder":208},{"sectionNumber":"116G","sectionType":"section","heading":"Miscellaneous provisions relating to civil liability","content":"#### 116G Miscellaneous provisions relating to civil liability\n\n116G Miscellaneous provisions relating to civil liability\n\n> > (1) A reference in this section to a public health organisation does not include a reference to an affiliated health organisation unless it is a declared affiliated health organisation.\n> \n> > (2) Part 5 of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) applies to work injury damages recoverable from the Government of New South Wales, and to work injury damages recoverable from a public health organisation, by or in respect of a person employed in the NSW Health Service to enable the public health organisation to exercise its functions. That Part so applies as if the public health organisation—\n> > \n> > > (a) were an employer of the person in addition to the Government, and\n> > \n> > > (b) were an employer liable to pay compensation under that Act.\n> \n> > (3) A policy of insurance may be issued to the Government of New South Wales under the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) that is limited to workers employed in connection with a particular public health organisation.\n> \n> > (4) If—\n> > \n> > > (a) a person is employed in the NSW Health Service to enable a public health organisation to exercise its functions, and\n> > \n> > > (b) the Government of New South Wales is, as the person’s employer, proceeded against for any negligence or other tort of the person (whether the damages are recoverable in an action for tort or breach of contract or in any other action), and\n> > \n> > > (c) the public health organisation is entitled under a policy of insurance or indemnity to be indemnified in respect of liability that the organisation may incur in respect of that negligence or other tort,\n> > \n> > the Government is subrogated to the rights of the public health organisation under that policy in respect of the liability incurred by the Government arising from that negligence or other tort.\n> \n> > (5) For the purposes of Division 2 of Part 9 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)—\n> > \n> > > (a) if a person who is member of the NSW Health Service is appointed (otherwise than on an acting basis) to another position in the NSW Health Service in connection with a different public health organisation or a different division of that Service, the person is taken to have entered into a new contract of employment in respect of that other position, and\n> > \n> > > (b) the cessation of a person’s appointment (whether by way of dismissal, resignation, transfer or otherwise) to a position in the NSW Health Service is taken to terminate the person’s contract of employment in respect of that position.\n> \n> > (6) However, a person who holds an appointment to a position that is abolished does not, for the purposes of subsection (5)(b), cease to be appointed to that position until—\n> > \n> > > (a) such time as the person is appointed to another position in the NSW Health Service, or\n> > \n> > > (b) such time as the person’s employment in the NSW Health Service is terminated,\n> > \n> > whichever occurs first.\n> \n> > (6A) Subsections (5) and (6) do not apply in relation to NSW Health Service senior executives.\n> \n> > (7) In this section—\n> > \n> > work injury damages means damages recoverable from a public health organisation or the Government of New South Wales in respect of injury to or the death of a person employed in the NSW Health Service to enable the public health organisation to exercise its functions caused by the negligence or other tort of the public health organisation or the Government and arising out of the employment of the person by the Government, whether the damages are recoverable in an action for tort or breach of contract or in any other action, but does not include motor accident damages to which Chapter 5 of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) or Part 4 of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) applies.\n> \n> **s 116G:** Ins 2006 No 2, Sch 2 \\[27\\]. Am 2016 No 2, Sch 2 \\[16\\]; 2017 No 10, Sch 5.5.","sortOrder":209},{"sectionNumber":"116H","sectionType":"section","heading":"Role of Health Secretary in industrial proceedings","content":"#### 116H Role of Health Secretary in industrial proceedings\n\n116H Role of Health Secretary in industrial proceedings\n\n> > (1) The Health Secretary is, for the purposes of any proceedings relating to a member of the NSW Health Service held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of that member.\n> \n> > (2) In this section, industrial matters has the same meaning as in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> **s 116H:** Ins 2016 No 45, Sch 2 \\[8\\].","sortOrder":210},{"sectionNumber":"117AA","sectionType":"section","heading":"Definitions","content":"#### 117AA Definitions\n\n117AA Definitions\n\n> In this Part—\n> \n> member of staff means a member of the NSW Health Service who is employed under Part 1 of this Chapter to enable a public health organisation to exercise its functions.\n> \n> **s 117AA:** Ins 2006 No 2, Sch 2 \\[29\\].","sortOrder":212},{"sectionNumber":"117","sectionType":"section","heading":"Duty to report certain criminal conduct and disciplinary matters","content":"#### 117 Duty to report certain criminal conduct and disciplinary matters\n\n117 Duty to report certain criminal conduct and disciplinary matters\n\n> > (1) A member of staff who is charged with having committed, or is convicted of, a serious sex or violence offence must, within 7 days of the charge being laid or conviction, report that fact in writing to the chief executive of the relevant organisation.\n> > \n> > Note.\n> > \n> > The term serious sex or violence offence is defined in the Dictionary to mean an offence involving sexual activity, sexual touching or a sexual act, physical violence or the threat of physical violence that—\n> > \n> > > (a) if committed in New South Wales, is punishable by imprisonment for 12 months or more, or\n> > \n> > > (b) if committed elsewhere than in New South Wales, would have been an offence punishable by imprisonment for 12 months or more if committed in New South Wales.\n> \n> > (2) A member of staff who is the subject of one of the following findings must report that fact to the chief executive of the relevant organisation, and provide the chief executive with a copy of the finding, within 7 days of receiving notice of the finding—\n> > \n> > > (a) a misconduct finding made under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a),\n> > \n> > > (b) a finding made under the law of another State or Territory that substantially corresponds to or is substantially the same as a finding referred to in paragraph (a).\n> \n> > (3) In this section—\n> > \n> > chief executive of the relevant organisation, in relation to a member of staff, means the chief executive of the public health organisation to which the member of staff has been assigned.\n> > \n> > misconduct finding includes a finding of professional misconduct or unsatisfactory professional conduct.\n> \n> Note.\n> \n> Section 142 of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) imposes obligations on employers to notify the Australian Health Practitioner Regulation Agency of misconduct by health practitioners.\n> \n> **s 117:** Am 1998 No 120, Sch 1.21 \\[1\\] \\[2\\]; 1999 No 94, Sch 4.114; 2003 No 45, Sch 2.6; 2006 No 2, Sch 2 \\[30\\]–\\[34\\]; 2006 No 59, Sch 7.7; 2010 No 34, Sch 2.27 \\[11\\]–\\[13\\]; 2017 No 50, Sch 3 \\[2\\]; 2018 No 33, Sch 5.9 \\[4\\]; 2020 No 32, Sch 3\\[2\\].","sortOrder":213},{"sectionNumber":"117A","sectionType":"section","heading":"Duty of chief executive to report certain conduct","content":"#### 117A Duty of chief executive to report certain conduct\n\n117A Duty of chief executive to report certain conduct\n\n> > (1) The chief executive of a public health organisation is to report the conduct of a member of staff of the organisation to a Council established (under section 41B of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a)) for a health profession if—\n> > \n> > > (a) the member of staff is a health practitioner in that health profession, and\n> > \n> > > (b) the chief executive suspects on reasonable grounds that the conduct may constitute professional misconduct or unsatisfactory professional conduct under that Law.\n> \n> > (2) For the purposes of this section, the Ambulance Service of NSW is taken to be a public health organisation.\n> \n> > (3) If a chief executive is required to report the same conduct under this section and under section 142 of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), compliance with either section, or with alternative reporting requirements approved by the Health Secretary, satisfies the requirements of both sections.\n> \n> > (4) A report made because of a requirement under this section is taken to be a complaint both for the purposes of Part 8 of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) and for the purposes of the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105) (including sections 96 and 98 of that Act).\n> \n> **s 117A:** Ins 2004 No 98, Sch 4.3 \\[2\\]. Am 2005 No 98, Sch 2.29; 2006 No 2, Sch 2 \\[35\\]; 2010 No 34, Sch 2.27 \\[14\\]–\\[16\\]. Subst 2017 No 50, Sch 3 \\[3\\]. Am 2018 No 73, Sch 4 \\[3\\].","sortOrder":214},{"sectionNumber":"118","sectionType":"section","heading":"Disciplinary action in certain cases of serious sex or violence offences","content":"#### 118 Disciplinary action in certain cases of serious sex or violence offences\n\n118 Disciplinary action in certain cases of serious sex or violence offences\n\n> > (1) The chief executive of a public health organisation is, within 30 days (or such further period as may be agreed to by the Health Secretary) of becoming aware that a member of staff has been convicted (whether before or during his or her employment) of a serious sex or violence offence, to notify the Health Secretary of the staff member’s conviction.\n> \n> > (2) On being notified under subsection (1), the Health Secretary is to afford the member of staff concerned a reasonable opportunity to make written submissions concerning any matter relevant to the conviction that the staff member wishes to have considered in determining what (if any) disciplinary action should be taken in relation to the staff member.\n> \n> > (3) The Health Secretary may take such disciplinary action as the Health Secretary considers appropriate (having regard to section 119) against a member of staff who has been convicted (whether before or during his or her employment) of a serious sex or violence offence.\n> \n> > (3A) The Health Secretary is, in the case of a member of staff who is a NSW Health Service senior executive, authorised to take any such action regardless of whether the Health Secretary exercises employer functions in relation to the executive.\n> \n> > (3B) If, under this section, a member of staff who is a NSW Health Service senior executive is assigned to or from a division of the NSW Health Service for which the Health Secretary does not exercise employer functions in relation to the Health Service senior executives employed in that division, the Health Secretary is to consult the person or body that exercises or will exercise employer functions in relation to the executive.\n> \n> > (3C) A person may not, under this section—\n> > \n> > > (a) be transferred and assigned to the role of chief executive of a local health district or specialty network governed health corporation without the concurrence of the board of the local health district or specialty network governed health corporation to which the person is transferred, or\n> > \n> > > (b) in the case of a person who is the chief executive of a local health district or specialty network governed health corporation—be assigned to another role unless the Health Secretary has consulted the board of the local health district or the specialty network governed health corporation (as the case requires).\n> \n> > (4) This section does not apply to a conviction that occurred before a person was employed if, before that employment, the person notified the Health Secretary in writing of the fact of the conviction.\n> \n> > (5) This section extends to a conviction that occurred before the commencement of this section (as substituted by the [Public Sector Employment Legislation Amendment Act 2006](/view/html/repealed/current/act-2006-002)).\n> \n> > (6) In this section—\n> > \n> > disciplinary action means—\n> > \n> > > (a) dismissal from the NSW Health Service, or\n> > \n> > > (b) imposing conditions in respect of the supervision of, or reporting by, a member of staff or in respect of the scope of a staff member’s duties, or\n> > \n> > > (c) transferring a member of staff who is not a NSW Health Service senior executive to another position in the NSW Health Service or assigning a member of staff who is a NSW Health Service senior executive to another role in the NSW Health Service.\n> \n> **s 118:** Subst 2006 No 2, Sch 2 \\[36\\]. Am 2016 No 2, Sch 2 \\[17\\] \\[18\\].","sortOrder":215},{"sectionNumber":"119","sectionType":"section","heading":"Protection of patients, clients and children to be paramount consideration","content":"#### 119 Protection of patients, clients and children to be paramount consideration\n\n119 Protection of patients, clients and children to be paramount consideration\n\n> The protection of a public health organisation’s patients and clients and of children for which it is responsible is to be the paramount consideration in relation to determining whether to take disciplinary action against a member of staff under this Part.\n> \n> **s 119:** Am 2006 No 2, Sch 2 \\[34\\].","sortOrder":216},{"sectionNumber":"120","sectionType":"section","heading":"No compensation for termination of employment","content":"#### 120 No compensation for termination of employment\n\n120 No compensation for termination of employment\n\n> No compensation (whether for breach of contract or otherwise) is payable in respect of the termination of the employment of a member of staff under this Part.\n> \n> **s 120:** Am 2006 No 2, Sch 2 \\[34\\].","sortOrder":217},{"sectionNumber":"120A","sectionType":"section","heading":"Suspension of members of staff from duty pending decision in relation to misconduct or serious criminal charge","content":"#### 120A Suspension of members of staff from duty pending decision in relation to misconduct or serious criminal charge\n\n120A Suspension of members of staff from duty pending decision in relation to misconduct or serious criminal charge\n\n> > (1) If—\n> > \n> > > (a) the registration of a member of staff as a registered health practitioner is suspended under section 150 of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), or\n> > \n> > > (b) conditions are imposed on the registration of a member of staff as a registered health practitioner under section 150(1)(b) of that Law that, in the opinion of the Health Secretary, are inconsistent with any of the inherent requirements of the terms of employment of the staff member, or\n> > \n> > > (c) an interim prohibition order is made in respect of a member of staff under section 41AA of the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105) that prohibits the staff member from providing health services or specified health services, or\n> > \n> > > (d) an interim prohibition order is made in respect of a member of staff under section 41AA of that Act that places conditions on the provision of health services or specified health services by the staff member that, in the opinion of the Health Secretary, are inconsistent with any of the inherent requirements of the terms of employment of the staff member, or\n> > \n> > > (e) a member of staff is charged with having committed a serious criminal offence,\n> > \n> > the Health Secretary may suspend the member of staff from duty until the suspension, interim prohibition order or conditions have been removed or expire or the criminal charge has been dealt with.\n> \n> > (2) Any salary payable to a person as a member of staff while the person is suspended from duty under this section is (if the Health Secretary so directs) to be withheld.\n> \n> > (3) If—\n> > \n> > > (a) the registration of the member of staff as a registered health practitioner is cancelled or suspended under section 149C of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), or\n> > \n> > > (b) conditions are imposed on the registration of the member of staff as a registered health practitioner under section 149A(1)(b) of that Law that, in the opinion of the Health Secretary, are inconsistent with any of the inherent requirements of the terms of employment of the staff member, or\n> > \n> > > (c) a prohibition order is made in respect of the member of staff under section 41A of the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105) that prohibits the staff member from providing health services or specified health services, or\n> > \n> > > (d) a prohibition order is made in respect of the member of staff under section 41A of that Act that places conditions on the provision of health services or specified health services by the staff member that, in the opinion of the Health Secretary, are inconsistent with any of the inherent requirements of the terms of employment of the staff member, or\n> > \n> > > (e) the person is convicted of the offence concerned,\n> > \n> > the salary withheld under subsection (2) is forfeited to the State unless the Health Secretary otherwise directs or that salary was due to the person in respect of a period before the suspension was imposed.\n> \n> > (4) If, at the time that the relevant suspension, interim prohibition order or conditions referred to in subsection (1)(a)–(d) are removed or expire, action referred to in subsection (3)(a)–(d) is not taken in relation to the member of staff, the salary withheld under subsection (2) is to be paid to that member of staff unless the Health Secretary directs that the salary is to be forfeited to the State (other than any salary that was due to the person in respect of a period before the suspension was imposed).\n> \n> > (5) If the Health Secretary has suspended a member of staff from duty under this section, the Health Secretary may at any time remove the suspension.\n> \n> > (6) Nothing in this section prevents the Health Secretary from suspending a member of staff under any other provision of this Act or any other law (with or without pay) or from taking any other action against a member of staff under this Part.\n> \n> > (7) In this section—\n> > \n> > salary does not include any payment in connection with sick leave, recreation leave or any other leave.\n> > \n> > serious criminal offence means an offence committed in New South Wales that is punishable by imprisonment for 5 years or more or an offence committed elsewhere that, if it had been committed in New South Wales, would be an offence so punishable.\n> \n> **s 120A:** Ins 2013 No 24, Sch 4. Am 2016 No 2, Sch 2 \\[19\\].","sortOrder":218},{"sectionNumber":"121","sectionType":"section","heading":"Effect of Part","content":"#### 121 Effect of Part\n\n121 Effect of Part\n\n> > (1) (Repealed)\n> \n> > (2) Nothing in this Part affects the operation of Part 6 (Unfair dismissals) of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) or any other statutory right that a member of staff may have in relation to the termination of his or her employment under this Part. However, in exercising its functions under that Part, the Industrial Relations Commission is to have regard to section 119 of this Act.\n> > \n> > Note.\n> > \n> > Part 6 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) enables certain employees specified in section 83 of that Act to make an application to the Industrial Relations Commission in respect of a claim that his or her dismissal or threatened dismissal from employment has been or will be harsh, unreasonable or unjust.\n> \n> > (3) Nothing in this Part affects the operation of the [Criminal Records Act 1991](/view/html/inforce/current/act-1991-008) in relation to spent convictions within the meaning of that Act.\n> \n> Note.\n> \n> Section 22 of the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135) makes it an offence for a person to disclose any information obtained in connection with the administration or execution of that Act or any other Act conferring or imposing functions on the Health Secretary, except in the circumstances specified in that section.\n> \n> **s 121:** Am 2006 No 2, Sch 2 \\[34\\] \\[37\\] \\[38\\].","sortOrder":219},{"sectionNumber":"121A","sectionType":"section","heading":"NSW Health Service senior executives","content":"#### 121A NSW Health Service senior executives\n\n121A NSW Health Service senior executives\n\n> > (1) Persons who are employed in the NSW Health Service in a Public Service senior executive band are NSW Health Service senior executives. For that purpose, the Public Service senior executive bands under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) apply to employment in the NSW Health Service.\n> \n> > (2) The following chief executives are to be employed as NSW Health Service senior executives—\n> > \n> > > (a) chief executives of local health districts,\n> > \n> > > (b) chief executives of specialty network governed health corporations,\n> > \n> > > (c) the chief executive of the Ambulance Service of NSW.\n> > \n> > Note.\n> > \n> > See section 23(2) in the case of the chief executive of a local health district, section 52G(1A) in the case of the chief executive of a specialty network governed health corporation and section 67A(3) in the case of the chief executive of the Ambulance Service.\n> \n> > (3) The chief executive of a statutory health corporation (other than a specialty network governed health corporation) may, but need not, be employed as a NSW Health Service senior executive.\n> \n> > (4) Persons who are employed under Part 4 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) and assigned to roles to enable a Council established under section 41B of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) to exercise its functions may be designated by the Health Secretary as NSW Health Service senior executives. Any such person, if so designated, ceases to be employed under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) and becomes employed in the NSW Health Service as a NSW Health Service senior executive.\n> \n> **s 121A:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\]. Subst 2016 No 2, Sch 2 \\[20\\].\n> \n> **ch 9, pt 3, div 2:** Ins 2004 No 92, Sch 1 \\[27\\]. Rep 2016 No 2, Sch 2 \\[20\\].","sortOrder":221},{"sectionNumber":"121B","sectionType":"section","heading":"Employer of senior executives","content":"#### 121B Employer of senior executives\n\n121B Employer of senior executives\n\n> For the purposes of this Part, the person who is authorised to exercise the employer functions of the Government of New South Wales in relation to a NSW Health Service senior executive is referred to in this Part as the employer of the executive.\n> \n> Note.\n> \n> The Health Secretary is the employer of Health Service senior executives, except that—\n> \n> > (a) the employer of the chief executive of a local health district or of a specialty network governed health corporation is the board of the district or corporation, and\n> \n> > (b) the employer of the other senior executives of any such district or corporation is the chief executive of the district or corporation.\n> \n> **s 121B:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[40\\] \\[41\\]. Subst 2016 No 2, Sch 2 \\[20\\].\n> \n> **ch 9, pt 3, div 3:** Ins 2004 No 92, Sch 1 \\[27\\]. Rep 2016 No 2, Sch 2 \\[20\\].","sortOrder":222},{"sectionNumber":"121C","sectionType":"section","heading":"Kinds of employment","content":"#### 121C Kinds of employment\n\n121C Kinds of employment\n\n> > (1) Employment as a NSW Health Service senior executive may be any one of the following kinds of employment—\n> > \n> > > (a) ongoing employment,\n> > \n> > > (b) term employment.\n> \n> > (2) Ongoing employment is employment that continues until the executive resigns or his or her employment is terminated.\n> \n> > (3) Term employment is employment for a specified period or for the duration of a specified task (unless the executive sooner resigns or his or her employment is terminated).\n> \n> **s 121C:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\]. Subst 2016 No 2, Sch 2 \\[20\\].","sortOrder":223},{"sectionNumber":"121D","sectionType":"section","heading":"Employment in bands and assignment to roles","content":"#### 121D Employment in bands and assignment to roles\n\n121D Employment in bands and assignment to roles\n\n> > (1) A NSW Health Service senior executive is to be employed in the Public Service senior executive band that the employer of the executive considers appropriate for the role of the executive.\n> \n> > (2) In determining the number of NSW Health Service senior executives and the appropriate band in which they are employed, the employer is to apply the applicable work level standards and have regard to any guidance provided by the Public Service Commissioner.\n> \n> > (3) In the case of a local health district or specialty network governed health corporation, the number of NSW Health Service senior executives, the bands in which they are employed and the roles they perform are required to be approved by the Health Secretary.\n> \n> > (4) A NSW Health Service senior executive may, from time to time, be assigned to a role in any division of the NSW Health Service in the band in which the executive is employed.\n> \n> > (5) A NSW Health Service senior executive may be assigned to a role (in the band in which the executive is employed) by the employer of the executive within the relevant division of the NSW Health Service for which the employer exercises employer functions.\n> \n> > (6) A NSW Health Service senior executive employed in a division of the NSW Health Service may, subject to this section, be assigned to a role (in the band in which the executive is employed) by the Health Secretary in another division of the NSW Health Service.\n> \n> > (7) If a NSW Health Service senior executive is assigned to a role in or from a division of the NSW Health Service for which the Health Secretary does not exercise employer functions in relation to the Health Service senior executives employed in that division, the Health Secretary is to consult the person or body that exercises or will exercise employer functions in relation to the executive.\n> \n> > (8) A NSW Health Service senior executive may not be assigned to the role of chief executive of a local health district or specialty network governed health corporation without the concurrence of the board of the local health district or specialty network governed health corporation to which the executive is to be assigned.\n> \n> > (9) A NSW Health Service senior executive may—\n> > \n> > > (a) be transferred by the Health Secretary to the Public Service of New South Wales and assigned to a role in any Public Service agency in the band in which the executive is employed (with the agreement of the head of that agency), or\n> > \n> > > (b) be transferred by the Health Secretary to the NSW Police Force and assigned to a role (other than as a police officer) in the band in which the executive is employed (with the agreement of the Commissioner of Police), or\n> > \n> > > (c) be transferred by the Health Secretary to the Transport Service of New South Wales and assigned to a role in the band in which the executive is employed (with the agreement of the Secretary of the Department of Transport).\n> \n> > (10) If, under subsection (9) or under a corresponding provision of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) or other Act, an executive is transferred to or from a division of the NSW Health Service for which the Health Secretary does not exercise employer functions in relation to the Health Service senior executives employed in that division, the Health Secretary is to consult the person or body that exercises or will exercise employer functions in relation to the executive.\n> \n> > (11) A person may not, under subsection (9) or under a corresponding provision of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) or other Act—\n> > \n> > > (a) be transferred and assigned to the role of chief executive of a local health district or specialty network governed health corporation without the concurrence of the board of the local health district or specialty network governed health corporation to which the person is transferred, or\n> > \n> > > (b) in the case of a person who is the chief executive of a local health district or specialty network governed health corporation—be transferred and assigned to another role unless the Health Secretary has consulted the board of the local health district or the specialty network governed health corporation (as the case requires).\n> \n> > (12) NSW Health Service senior executives may be assigned to roles under this section to enable the flexible deployment of staff resources and to develop the capabilities of staff.\n> \n> > (13) A NSW Health Service senior executive is not to be assigned to a different role under this section unless the executive has been consulted. The remuneration payable to the executive is not to be reduced because of the assignment to the different role without the consent of the executive. This subsection extends to a transfer under subsection (9).\n> \n> > (14) In this section—\n> > \n> > assign to a role includes assign to a different role.\n> \n> **s 121D:** Ins 2004 No 92, Sch 1 \\[27\\]. Subst 2016 No 2, Sch 2 \\[20\\].","sortOrder":224},{"sectionNumber":"121E","sectionType":"section","heading":"Government sector employment rules and employment directions and conditions","content":"#### 121E Government sector employment rules and employment directions and conditions\n\n121E Government sector employment rules and employment directions and conditions\n\n> > (1) The Public Service Commissioner may make government sector employment rules under section 12 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) on any matter relating to the employment of NSW Health Service senior executives (including, without limitation, matters of the kind referred to in section 36 of that Act).\n> \n> > (2) The Public Service Commissioner must consult the Health Secretary before making any such rules.\n> \n> > (3) This section does not limit any direction, or any condition referred to in section 122(2), that the Health Secretary is otherwise authorised to give or impose in relation to the employment of NSW Health Service senior executives. However, if any such direction or condition is inconsistent with the applicable government sector employment rules—\n> > \n> > > (a) the direction or condition does not have any effect unless the Public Service Commissioner has agreed to the inconsistency (unless it is a direction or condition referred to in paragraph (b)), or\n> > \n> > > (b) if the direction or condition relates to the health or safety of any person or persons or the provision of essential health services—the Health Secretary is to consult the Public Service Commissioner about the inconsistency (whether before or after the direction or condition is given or attached).\n> \n> **ss 121E–121G:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\]. Subst 2016 No 2, Sch 2 \\[20\\].","sortOrder":225},{"sectionNumber":"121F","sectionType":"section","heading":"Contract of employment","content":"#### 121F Contract of employment\n\n121F Contract of employment\n\n> > (1) A NSW Health Service senior executive is to be employed under a written contract of employment signed by the executive and by the employer of the executive on behalf of the Government.\n> \n> > (2) Without limiting section 121E(1), the government sector employment rules made under section 12 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) may prescribe model contracts of employment for NSW Health Service senior executives and may specify any model provisions that are mandatory and that prevail in the event of any inconsistency with the provisions of a contract of employment entered into after the commencement of those mandatory provisions.\n> \n> > (3) Subject to this Part, the government sector employment rules and any direction issued by the Public Service Commissioner under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), a contract of employment of a NSW Health Service senior executive is to deal with the following matters—\n> > \n> > > (a) the band in which the executive is employed,\n> > \n> > > (b) the duration of the contract if the executive is not employed in ongoing employment,\n> > \n> > > (c) the total remuneration package of the executive (comprising monetary remuneration and employment benefits) and any allowances,\n> > \n> > > (d) performance obligations, and reviews of performance, of the executive,\n> > \n> > > (e) progression in the total remuneration package of the executive based on performance,\n> > \n> > > (f) leave and other conditions of employment of the executive,\n> > \n> > > (g) the compensation for any termination of employment of the executive by the Health Secretary or other employer of the executive (including the period to which the compensation relates),\n> > \n> > > (h) any other matter prescribed by the regulations under section 39(4) of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> > (4) The contract of employment of a NSW Health Service senior executive may, subject to this Act, include conditions of engagement.\n> \n> > (5) The contract of employment of a NSW Health Service senior executive does not limit, and is not terminated or otherwise affected by—\n> > \n> > > (a) the transfer of the executive under section 121D(9) to the Public Service of New South Wales, the NSW Police Force or the Transport Service of New South Wales, or\n> > \n> > > (b) the assignment of the executive to a different role or any other change to the title, place of work or duties of the executive.\n> \n> > (6) A contract of employment of a NSW Health Service senior executive may, subject to this section, be varied at any time in accordance with the contract or by further agreement.\n> \n> > (7) The regulations under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) may make provision with respect to the compensation to which a NSW Health Service senior executive whose employment is terminated is entitled under his or her contract of employment. Any such regulation cannot reduce the amount of compensation to which a NSW Health Service senior executive is entitled under a contract of employment entered into before the commencement of the regulation.\n> \n> **ss 121E–121G:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\]. Subst 2016 No 2, Sch 2 \\[20\\].","sortOrder":226},{"sectionNumber":"121G","sectionType":"section","heading":"Remuneration, benefits and allowances","content":"#### 121G Remuneration, benefits and allowances\n\n121G Remuneration, benefits and allowances\n\n> > (1) The remuneration package of a NSW Health Service senior executive must be within the range determined under the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004) for the band in which the executive is employed, except as provided by subsection (2).\n> > \n> > Note.\n> > \n> > See also section 24R(3) of the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004).\n> \n> > (2) The Health Secretary may, in accordance with parameters agreed on by the Health Secretary and the Public Service Commissioner, determine a remuneration package for a NSW Health Service senior executive or class of NSW Health Service senior executives that is within a range higher than the range determined under the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004) for the band in which the executive or class of executives is employed.\n> \n> > (3) The kinds and value of employment benefits and the allowances for a NSW Health Service senior executive are to be determined by the Health Secretary. In making any such determination, the Health Secretary is to have regard to any similar determinations that apply to Public Service senior executives.\n> \n> > (4) A NSW Health Service senior executive is only entitled to the remuneration, employment benefits or allowances provided in the executive’s contract of employment.\n> \n> > (5) For the purposes of this section, employment benefits for a NSW Health Service senior executive are—\n> > \n> > > (a) contributions by the executive’s employer to a superannuation scheme or fund of the executive, and\n> > \n> > > (b) other benefits provided to the executive at the cost of the executive’s employer that are of a private nature.\n> \n> **ss 121E–121G:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\]. Subst 2016 No 2, Sch 2 \\[20\\].","sortOrder":227},{"sectionNumber":"121H","sectionType":"section","heading":"Termination of employment","content":"#### 121H Termination of employment\n\n121H Termination of employment\n\n> > (1) The employer of a NSW Health Service senior executive, or the Health Secretary if the Health Secretary is not the employer, may terminate the employment of the executive at any time, for any or no stated reason and without notice.\n> > \n> > Note.\n> > \n> > The termination of employment of a senior executive may also be effected by other means (for example under Part 2 of this Chapter or under section 68 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040)).\n> \n> > (2) A NSW Health Service senior executive whose employment is terminated under this section is entitled to such compensation (if any) as may be provided in the contract of employment of the executive (and to no other compensation or entitlement for the termination of employment other than superannuation entitlements).\n> \n> > (3) A NSW Health Service senior executive whose employment is so terminated is not to be employed in the public sector during the period specified in the contract of employment to which any such compensation relates unless arrangements have been made for a refund of the proportionate amount of the compensation.\n> \n> > (4) The regulations under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) may make provision relating to the calculation of the proportionate amount of a payment to be refunded under subsection (3).\n> \n> > (5) The employer of a NSW Health Service senior executive may not terminate the employment of the executive under this section or section 68(2) of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) unless the employer is, or has the concurrence of, the Health Secretary.\n> \n> > (6) For the purposes of this section, employment of a former executive in the public sector and public sector have the same meanings as in section 41 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> **s 121H:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2010 No 54, Sch 3.5. Subst 2016 No 2, Sch 2 \\[20\\]. Am 2018 No 2, Sch 2 \\[6\\].\n> \n> **ch 9, pt 3, div 4:** Ins 2004 No 92, Sch 1 \\[27\\]. Rep 2016 No 2, Sch 2 \\[20\\].","sortOrder":228},{"sectionNumber":"121I","sectionType":"section","heading":"Acting in executive roles","content":"#### 121I Acting in executive roles\n\n121I Acting in executive roles\n\n> > (1) A NSW Health Service senior executive or other employee of the NSW Health Service may be assigned to act in the role of a NSW Health Service senior executive if—\n> > \n> > > (a) the person who is usually assigned to that other role is unavailable for any reason, or\n> > \n> > > (b) there is no person performing duties in that other role for the time being.\n> \n> > (2) An assignment to act in the role of a NSW Health Service senior executive under this section may be made—\n> > \n> > > (a) in any case—by the Health Secretary, or\n> > \n> > > (b) in the case of a NSW Health Service senior executive being assigned to act in the role of another such executive—by the employer of the executive assigned to act (but only if the employer is also the employer of the other executive).\n> > \n> > If the Health Secretary assigns an executive to act in the role of an executive for whom the Health Secretary is not the employer, the Health Secretary is to consult the employer of that executive.\n> \n> > (3) While assigned to act in the role of a NSW Health Service senior executive the person has all the functions of the executive, but does not thereby become a NSW Health Service senior executive if not already such an executive.\n> \n> > (4) An assignment to act in the role of a NSW Health Service senior executive under this section may be terminated at any time by a person authorised to make the assignment.\n> \n> > (5) This Part does not prevent the payment of an applicable allowance to a person when assigned to act in the role of a NSW Health Service senior executive under this section.\n> \n> **s 121I:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\] \\[42\\]. Subst 2016 No 2, Sch 2 \\[20\\].","sortOrder":229},{"sectionNumber":"121J","sectionType":"section","heading":"Industrial or legal proceedings excluded","content":"#### 121J Industrial or legal proceedings excluded\n\n121J Industrial or legal proceedings excluded\n\n> > (1) The employment of a NSW Health Service senior executive, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> > (2) Parts 6, 7 and 9 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) do not apply to or in respect of the employment of a NSW Health Service senior executive.\n> \n> > (3) Any State industrial instrument (whether made before or after the commencement of this section) does not have effect in so far as it relates to the employment of NSW Health Service senior executives. This subsection does not prevent the provisions of any such industrial instrument being adopted by reference in the conditions of employment of any such executive.\n> \n> > (4) No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of a matter that is declared by this section not to be an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> > (5) In this section, a reference to the employment of a NSW Health Service senior executive is a reference to—\n> > \n> > > (a) the engagement of, or failure to engage, a person as such an executive, or\n> > \n> > > (b) the assignment or re-assignment of the executive to a role in a band, or\n> > \n> > > (c) the removal, retirement, termination of employment or other cessation of employment of the executive, or\n> > \n> > > (d) any disciplinary proceedings or action taken against the executive, or\n> > \n> > > (e) the remuneration or other conditions of employment of the executive.\n> \n> **s 121J:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\]; 2011 No 25, Sch 4 \\[2\\]. Subst 2016 No 2, Sch 2 \\[20\\].","sortOrder":230},{"sectionNumber":"121K","sectionType":"section","heading":"Delegation of employer functions","content":"#### 121K Delegation of employer functions\n\n121K Delegation of employer functions\n\n> > (1) If the employer of a NSW Health Service senior executive is a board, the employer functions of the board under this Chapter in relation to the executive (other than the function of employing or terminating the employment of the executive) may be delegated by the board to the chairperson or any other member of the board.\n> \n> > (2) If the employer of a NSW Health Service senior executive is a chief executive, the employer functions of the chief executive under this Chapter in relation to the senior executive may be delegated by the chief executive to any member of the NSW Health Service (other than the senior executive) or to any person employed in the Public Service.\n> \n> **s 121K:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\] \\[42\\]. Subst 2016 No 2, Sch 2 \\[20\\].","sortOrder":231},{"sectionNumber":"121L","sectionType":"section","heading":null,"content":"#### 121L\n\n121L–121T\n\n**s 121L:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\]. Rep 2016 No 2, Sch 2 \\[20\\].\n\n**ch 9, pt 3, div 5:** Ins 2004 No 92, Sch 1 \\[27\\]. Rep 2016 No 2, Sch 2 \\[20\\].\n\n**s 121M:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\] \\[42\\]. Rep 2016 No 2, Sch 2 \\[20\\].\n\n**s 121N:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\] \\[42\\] \\[43\\]. Rep 2016 No 2, Sch 2 \\[20\\].\n\n**s 121O:** Ins 2004 No 92, Sch 1 \\[27\\]. Rep 2016 No 2, Sch 2 \\[20\\].\n\n**ch 9, pt 3, div 6:** Ins 2004 No 92, Sch 1 \\[27\\]. Rep 2016 No 2, Sch 2 \\[20\\].\n\n**s 121P:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\] \\[44\\]; 2006 No 94, Sch 3.16 \\[2\\]. Rep 2016 No 2, Sch 2 \\[20\\].\n\n**s 121Q:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2005 No 64, Sch 1.21; 2006 No 2, Sch 2 \\[45\\]. Rep 2016 No 2, Sch 2 \\[20\\].\n\n**s 121R:** Ins 2004 No 92, Sch 1 \\[27\\]. Rep 2016 No 2, Sch 2 \\[20\\].\n\n**s 121S:** Ins 2004 No 92, Sch 1 \\[27\\]. Am 2006 No 2, Sch 2 \\[39\\]. Rep 2016 No 2, Sch 2 \\[20\\].\n\n**s 121T:** Ins 2004 No 92, Sch 1 \\[27\\]. Rep 2016 No 2, Sch 2 \\[20\\].","sortOrder":232},{"sectionNumber":"122","sectionType":"section","heading":"Functions of the Health Secretary","content":"#### 122 Functions of the Health Secretary\n\n122 Functions of the Health Secretary\n\n(cf PH Act s 11(1) and (2))\n\n> > (1) The Health Secretary has the following functions under this Act—\n> > \n> > > (a) to facilitate the achievement and maintenance of adequate standards of patient care within public hospitals and in relation to other services provided by the public health system,\n> > \n> > > (b) to facilitate the efficient and economic operation of the public health system consistent with the standards referred to in paragraph (a),\n> > \n> > > (c) to inquire into the administration, management and services of any public health organisation,\n> > \n> > > (c1) to provide governance, oversight and control of the public health system and the statutory health organisations within it,\n> > \n> > > (d) to cause public health organisations (including public hospitals controlled by them) to be inspected from time to time,\n> > \n> > > (e) to recommend to the Minister what sums of money (if any) should be paid from money appropriated from the Consolidated Fund in any financial year to any public health organisation,\n> > \n> > > (f) to enter into performance agreements with public health organisations, to review the results of organisations under such agreements and to report those results (and make recommendations about the results) to the Minister,\n> > \n> > > (f1) to give directions to statutory health organisations, including (subject to section 121E(3)) directions relating to the employment of NSW Health Service senior executives,\n> > \n> > > (g) such other functions as may be conferred or imposed by or under this Act.\n> \n> > (2) Without limiting subsection (1)(f1), the Health Secretary may, in exercising any power delegated by the Minister to attach conditions under section 127(4) to the payment of a subsidy under that section to a statutory health organisation, attach conditions relating to the employment of NSW Health Service senior executives who are employed to enable the statutory health organisation to exercise its functions. Any such condition is subject to section 121E(3).\n> \n> **s 122:** Am 2010 No 97, Sch 1.1 \\[23\\] \\[24\\]; 2016 No 2, Sch 2 \\[21\\] \\[22\\].","sortOrder":234},{"sectionNumber":"123","sectionType":"section","heading":"Inquiries by Health Secretary","content":"#### 123 Inquiries by Health Secretary\n\n123 Inquiries by Health Secretary\n\n(cf PH Act s 11A)\n\n> > (1) The Health Secretary may inquire into the administration, management and services of any organisation or institution providing health services (other than a public health organisation) if those services are wholly or partly funded with money paid from the Consolidated Fund.\n> \n> > (2) However, the Health Secretary cannot make any inquiry under this section in respect of a private health facility or nursing home.\n> \n> > (3) The Health Secretary may delegate the conduct of any inquiry under this section to any other person.\n> > \n> > Note.\n> > \n> > Section 49 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains general provisions relating to the delegation of functions.\n> \n> > (4) Nothing in this section prevents the Health Secretary inquiring into the administration, management and services of any public health organisation under section 122(1)(c).\n> \n> **s 123:** Am 2007 No 9, Sch 5.13 \\[1\\]; 2020 No 32, Sch 3\\[3\\].","sortOrder":235},{"sectionNumber":"124","sectionType":"section","heading":"Authorised officers","content":"#### 124 Authorised officers\n\n124 Authorised officers\n\n(cf PH Act s 11(4) and (5))\n\n> > (1) Appointment of authorised officers The Health Secretary may appoint any person, or class of persons, as an authorised officer or authorised officers to exercise the functions conferred by section 125.\n> \n> > (2) Issue of certificates of authority The Health Secretary is to provide an authorised officer with a certificate of authority that—\n> > \n> > > (a) states that it is issued under this Act, and\n> > \n> > > (b) gives the name of the person to whom it is issued, and\n> > \n> > > (c) describes the nature of the functions conferred and the source of those functions, and\n> > \n> > > (d) states the date (if any) on which it expires, and\n> > \n> > > (e) describes the kind of premises to which the functions extend, and\n> > \n> > > (f) bears the signature of the Health Secretary or an officer approved by the Health Secretary for the purposes of this paragraph.\n> \n> > (3) Precondition for exercise of functions generally An authorised officer must not exercise the functions conferred by section 125 unless the officer is in possession of a certificate of authority issued by the Health Secretary.\n> \n> > (4) Preconditions for exercise of functions in relation to certain non-government health organisations In addition to the requirement in subsection (3), an authorised officer must not exercise the functions conferred by section 125 in relation to the premises of an organisation or institution referred to in section 123(1) unless the officer—\n> > \n> > > (a) gives reasonable notice to the occupier or owner of the premises of the intention to exercise the function, unless the giving of notice would defeat the purpose for which it is intended to exercise the function, and\n> > \n> > > (b) exercises the function at a reasonable hour of the day, except where it is being exercised in an emergency, and\n> > \n> > > (c) uses no more force than is reasonably necessary, and\n> > \n> > > (d) in relation to premises used for residential purposes—has obtained the consent of the owner or occupier of the premises.\n> \n> > (5) Production of certificate of authority In the course of carrying out an inspection under this Act, an authorised officer must, if requested by any person to do so, produce the officer’s certificate of authority.","sortOrder":236},{"sectionNumber":"125","sectionType":"section","heading":"Powers of entry and inspection","content":"#### 125 Powers of entry and inspection\n\n125 Powers of entry and inspection\n\n(cf PH Act s 11(6))\n\n> > (1) Power of entry An authorised officer may enter premises of any public health organisation (including any public hospital controlled by that organisation) or of an organisation or institution referred to in section 123(1) for the purpose of exercising any function conferred or imposed on the Health Secretary by this Act.\n> \n> > (2) Powers following entry An authorised officer who has entered any premises under this section may do any one or more of the following—\n> > \n> > > (a) inspect those premises,\n> > \n> > > (b) make such examination and inquiry as the officer thinks necessary to assist the Health Secretary in the performance of the Health Secretary’s functions under this Act,\n> > \n> > > (c) make copies of, or take extracts or notes from, any accounts, records (including clinical records), books, documents or other things, of a public health organisation or organisation or institution referred to in section 123(1),\n> > \n> > > (d) for the purpose of further examination, take possession of, and remove, any of those accounts, records, books, documents or other things,\n> > \n> > > (e) require the owner or occupier of the premises to provide the officer with such assistance and facilities as is or are reasonably necessary to enable the officer to exercise functions under this section,\n> > \n> > > (f) require any person in or about the premises to answer questions or otherwise furnish information,\n> > \n> > > (g) require any person to produce any accounts, records (including clinical records), books, documents or other things in the possession or under the control of the person that relate to, or that the officer believes on reasonable grounds relate to, the operation or administration of a public health organisation.\n> \n> > (3) Liability for damage to premises of certain organisations and institutions If damage is caused by the exercise of functions conferred by this section to premises of an organisation or institution referred to in section 123(1), the Minister is to pay reasonable compensation for the damage unless the exercise of the functions was obstructed by the occupier of the premises.","sortOrder":237},{"sectionNumber":"126","sectionType":"section","heading":"Health Secretary may enter into performance agreement with a public health organisation","content":"#### 126 Health Secretary may enter into performance agreement with a public health organisation\n\n126 Health Secretary may enter into performance agreement with a public health organisation\n\n> > (1) The Health Secretary may enter into a performance agreement with any public health organisation.\n> \n> > (2) A performance agreement may—\n> > \n> > > (a) include the provisions of a service agreement (within the meaning of the National Health Reform Agreement) for the organisation, and\n> > \n> > > (b) set operational performance targets for the organisation in the exercise of specified functions during a specified period, and\n> > \n> > > (c) provide for the evaluation and review of results in relation to those targets, and\n> > \n> > > (d) provide for the provision of such data or other information by a public health organisation concerning the exercise of its functions that the State determines is required to comply with the State’s performance reporting obligations under the National Health Reform Agreement.\n> \n> > (3) The public health organisation must, as far as practicable, exercise its functions in accordance with the performance agreement.\n> \n> > (4) The public health organisation is to report the results of the organisation’s performance under a performance agreement during a financial year to the Health Secretary within 3 months of the end of that year.\n> \n> > (5) The Health Secretary—\n> > \n> > > (a) is to evaluate and review the results of the organisation’s performance for each financial year under the performance agreement and to report those results to the Minister, and\n> > \n> > > (b) may make such recommendations to the Minister concerning those results as the Health Secretary thinks fit.\n> \n> **s 126:** Am 2010 No 97, Sch 1.1 \\[25\\]; 2012 No 36, Sch 1 \\[1\\].","sortOrder":238},{"sectionNumber":"126AA","sectionType":"section","heading":"Provision or disclosure of information","content":"#### 126AA Provision or disclosure of information\n\n126AA Provision or disclosure of information\n\n> > (1) A person who conducts or assists in the conduct of a relevant inquiry cannot be compelled, in relation to a document that was prepared, or a communication that was made, for the dominant purpose of a relevant inquiry, to—\n> > \n> > > (a) produce the document or disclose the communication to a court, tribunal, board, person or body, or\n> > \n> > > (b) disclose information that the person obtained from the document or communication to a court, tribunal, board, person or body.\n> \n> > (2) A document prepared for the dominant purpose of a relevant inquiry cannot be adduced or admitted in proceedings, other than with the consent of the Health Secretary.\n> \n> > (3) This section does not prevent the Health Secretary from providing a copy of a final report of a relevant inquiry to a person or body at the Health Secretary’s discretion.\n> \n> > (4) In this section—\n> > \n> > relevant inquiry means an inquiry by the Health Secretary under section 122(1)(c) or 123.\n> \n> **s 126AA:** Ins 2020 No 32, Sch 3\\[4\\].","sortOrder":239},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Provision of services","content":"# Part 1A Provision of services\n\nPart 1A Provision of services\n\n**ch 10, pt 1A, hdg:** Ins 2004 No 87, Sch 2 \\[7\\]. Am 2010 No 97, Sch 1.2 \\[5\\].\n\n**ch 10, pt 1A:** Ins 2004 No 87, Sch 2 \\[7\\].","sortOrder":240},{"sectionNumber":"126A","sectionType":"section","heading":null,"content":"#### 126A\n\n126A (Repealed)","sortOrder":241},{"sectionNumber":"126B","sectionType":"section","heading":"Health Secretary to provide certain services","content":"#### 126B Health Secretary to provide certain services\n\n126B Health Secretary to provide certain services\n\n> > (1) The Health Secretary may provide services for any or both of the following purposes—\n> > \n> > > (a) to support the public health system and public health organisations and the public hospitals they control,\n> > \n> > > (b) to enable the co-ordinated provision of health services involving more than one public health organisation or on a State-wide basis.\n> \n> > (2) The Health Secretary may also, with the approval of the Minister, make and enter into contracts or agreements with any person other than a public health organisation for the provision of health support services or corporate or other services to that person.\n> \n> > (3) The Health Secretary may determine the fees and charges payable for any service provided by or on behalf of the Health Secretary under this section.\n> \n> > (4) The Health Secretary may delegate his or her functions under this section to a person or appointed body.\n> \n> > (5) A delegate may subdelegate to any person or appointed body some or all of any function delegated under this section if the delegate is authorised in writing to do so by the delegator.\n> \n> > (6) Section 21 of the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135) does not apply in relation to the functions under this section.\n> \n> > (7) Nothing in this section limits the Health Secretary’s functions under this or any other Act or law.\n> \n> > (8) In this section—\n> > \n> > appointed body means a committee, board or other body appointed under section 126C by the Health Secretary.\n> \n> **s 126B:** Ins 2004 No 87, Sch 2 \\[7\\]. Subst 2006 No 2, Sch 2 \\[47\\]. Am 2010 No 97, Sch 1.1 \\[26\\].","sortOrder":243},{"sectionNumber":"126C","sectionType":"section","heading":"Appointed bodies","content":"#### 126C Appointed bodies\n\n126C Appointed bodies\n\n> > (1) The Health Secretary may appoint a committee, board or other body for the purposes of this Part.\n> \n> > (2) An appointed body is to consist of such members appointed by the Health Secretary as the Health Secretary thinks fit.\n> \n> > (3) The procedure of an appointed body is to be determined by the Health Secretary or (subject to any determination of the Health Secretary) by the appointed body.\n> \n> > (4) A member of an appointed body holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.\n> \n> > (5) The Health Secretary may terminate the appointment of a member of an appointed body at any time for any or no reason by notice in writing to the member.\n> \n> > (6) A member of an appointed body is entitled to such fees and allowances as the Health Secretary may determine from time to time.\n> \n> > (7) A member of an appointed body is not personally liable for any act or omission done or omitted to be done in good faith for the purposes of this Part.\n> \n> > (8) If subsection (7) prevents liability attaching to a member of an appointed body, the liability attaches instead to the Health Secretary.\n> \n> **s 126C:** Ins 2004 No 87, Sch 2 \\[7\\]. Am 2006 No 2, Sch 2 \\[42\\] \\[48\\].","sortOrder":244},{"sectionNumber":"126D","sectionType":"section","heading":null,"content":"#### 126D\n\n126D–126F (Repealed)","sortOrder":245},{"sectionNumber":"126G","sectionType":"section","heading":"Directions by Minister in relation to acquisition of services","content":"#### 126G Directions by Minister in relation to acquisition of services\n\n126G Directions by Minister in relation to acquisition of services\n\n> > (1) The Minister may, by order in writing, from time to time—\n> > \n> > > (a) require a public health organisation to acquire specified services from the Health Secretary or some other specified person if and when such services are required, and\n> > \n> > > (b) give a public health organisation any necessary directions for the purposes of paragraph (a).\n> \n> > (2) The following conduct is specifically authorised by this Act for the purposes of the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth and the Competition Code of New South Wales—\n> > \n> > > (a) a requirement or direction of the Minister given under subsection (1),\n> > \n> > > (b) the entering or making of a contract, agreement, arrangement or understanding as the result of such a requirement or direction,\n> > \n> > > (c) conduct authorised or required by or under the terms or conditions of any such contract, agreement, arrangement or understanding,\n> > \n> > > (d) any conduct of the Health Secretary in carrying out the Health Secretary’s functions or exercising the Health Secretary’s powers under this Part,\n> > \n> > > (e) any conduct of a public health organisation, its agents, a person concerned in the management of the organisation or a person who is engaged or employed by the organisation—\n> > > \n> > > > (i) in relation to obtaining services in accordance with this Part, or\n> > > \n> > > > (ii) in complying with a requirement or direction of the Minister given under subsection (1).\n> \n> > (3) Conduct authorised by subsection (2) is authorised only to the extent (if any) that it would otherwise contravene Part IV of the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth and the Competition Code of New South Wales.\n> \n> **s 126G:** Ins 2004 No 87, Sch 2 \\[7\\]. Am 2006 No 2, Sch 2 \\[42\\] \\[50\\]; 2010 No 97, Sch 1.1 \\[27\\] \\[28\\]; 2012 No 42, Sch 2.17 \\[1\\].","sortOrder":247},{"sectionNumber":"126H","sectionType":"section","heading":"Consent of affiliated health organisations required for certain orders","content":"#### 126H Consent of affiliated health organisations required for certain orders\n\n126H Consent of affiliated health organisations required for certain orders\n\n> > (1) (Repealed)\n> \n> > (2) The Minister may not make an order under section 126G(1) that requires or directs an affiliated health organisation to do, or omit to do, anything unless the Minister has obtained the written consent of the organisation to the requirement or direction.\n> \n> **s 126H:** Ins 2004 No 87, Sch 2 \\[7\\]. Am 2006 No 2, Sch 2 \\[51\\].","sortOrder":248},{"sectionNumber":"126I","sectionType":"section","heading":"Health funding arrangements under the National Health Reform Agreement","content":"#### 126I Health funding arrangements under the National Health Reform Agreement\n\n126I Health funding arrangements under the National Health Reform Agreement\n\n> Schedule 6A contains provisions relating to health funding arrangements under the National Health Reform Agreement.\n> \n> **s 126I:** Ins 2012 No 36, Sch 1 \\[2\\].","sortOrder":250},{"sectionNumber":"127","sectionType":"section","heading":"Determination of subsidies","content":"#### 127 Determination of subsidies\n\n127 Determination of subsidies\n\n(cf PH Act s 17)\n\n> > (1) In determining what amount of money (if any) is to be paid to each local health district out of money appropriated from the Consolidated Fund, the Minister is to have regard to the following matters—\n> > \n> > > (a) the size and health needs of the population resident within the area of the local health district concerned,\n> > \n> > > (b) the health services provided to patients from outside the area of the local health district concerned,\n> > \n> > > (c) the net receipts and expenditures of the local health district for the financial year,\n> > \n> > > (d) probable requirements for capital maintenance and expenditure of the local health district for the financial year,\n> > \n> > > (e) such other matters as are prescribed by the regulations or as the Minister thinks fit.\n> \n> > (2) In determining what amount of money (if any) is to be paid to each statutory health corporation and affiliated health organisation out of money appropriated from the Consolidated Fund, the Minister may have regard to such matters as the Minister thinks fit.\n> \n> > (2A) In making a determination under this section, the Minister is also to have regard to the National Health Reform Agreement.\n> \n> > (3) The Minister may, after considering any recommendation made under section 122(1)(e) for the purpose, determine what amounts of money (if any) should be paid out of money appropriated from the Consolidated Fund in any financial year to any such local health district, statutory health corporation or affiliated health organisation. Any such amount is payable in accordance with that determination.\n> \n> > (3A) The Minister may vary a determination under subsection (3) in such circumstances as the Minister considers appropriate.\n> \n> > (4) The Minister may attach to the payment of any subsidy (or part of any subsidy) such conditions as the Minister determines from time to time.\n> \n> > (5) If any such condition is breached, the Health Secretary may make such recommendations to the Minister as the Health Secretary thinks fit concerning any action to be taken against the public health organisation concerned or any officer or employee of the organisation.\n> \n> > (6) This section does not affect the operation of the provisions relating to health funding arrangements under the National Health Reform Agreement set out in Schedule 6A.\n> \n> **s 127:** Am 1999 No 76, Sch 9 \\[3\\]; 2006 No 2, Sch 2 \\[52\\]; 2012 No 36, Sch 1 \\[3\\] \\[4\\]; 2020 No 32, Sch 3\\[5\\].","sortOrder":251},{"sectionNumber":"127A","sectionType":"section","heading":"Deferral of payment of subsidy","content":"#### 127A Deferral of payment of subsidy\n\n127A Deferral of payment of subsidy\n\n> The Minister may determine that payment of the whole or any part of an amount payable under section 127 in a financial year is to be deferred until a subsequent financial year. Payment is deferred in accordance with such a determination.\n> \n> **s 127A:** Ins 1999 No 76, Sch 9 \\[4\\].","sortOrder":252},{"sectionNumber":"127B","sectionType":"section","heading":"Loans to public health organisations","content":"#### 127B Loans to public health organisations\n\n127B Loans to public health organisations\n\n> > (1) The Minister may determine that an amount of money is to be lent to a local health district, statutory health corporation or affiliated health organisation, out of money appropriated from the Consolidated Fund to the Minister.\n> \n> > (2) Any such amount is to be lent in accordance with that determination and on such terms and conditions as the Minister determines.\n> \n> > (3) The loans made pursuant to subsection (1) must not result in expenditure in excess of forward estimates.\n> \n> > (4) Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) does not apply to a loan made under this section.\n> \n> **s 127B:** Ins 1999 No 76, Sch 9 \\[4\\]. Am 2018 No 70, Sch 3.31 \\[3\\].","sortOrder":253},{"sectionNumber":"128","sectionType":"section","heading":"Agreement by affiliated health organisation to repay sums","content":"#### 128 Agreement by affiliated health organisation to repay sums\n\n128 Agreement by affiliated health organisation to repay sums\n\n(cf PH Act s 17A)\n\n> > (1) Before paying any sum to an affiliated health organisation out of money appropriated from the Consolidated Fund, the Minister may require—\n> > \n> > > (a) the affiliated health organisation, or\n> > \n> > > (b) if the property of the affiliated health organisation is not vested in the affiliated health organisation—\n> > > \n> > > > (i) the persons in whom the property is vested, or\n> > > \n> > > > (ii) those persons and the affiliated health organisation,\n> > \n> > to enter into an agreement with the Minister under this section.\n> \n> > (2) An agreement entered into under this section must make provision for or with respect to requiring—\n> > \n> > > (a) the repayment to the Minister, in the circumstances specified in, or to be determined in accordance with, the agreement of the sum referred to in subsection (1), or\n> > \n> > > (b) the payment to the Minister, in the circumstances specified in, or to be determined in accordance with, the agreement of such other sum (whether lesser or greater than the sum referred to in subsection (1)) as is specified in, or is to be determined in accordance with, the agreement.\n> \n> > (3) A breach of trust does not occur only because the trustees of an affiliated health organisation have—\n> > \n> > > (a) entered into an agreement under this section, or\n> > \n> > > (b) repaid or paid to the Minister any sum in accordance with the agreement, or\n> > \n> > > (c) done or performed any act or thing necessary or convenient to be done or performed for the purpose of enabling them to enter into such an agreement or repay or pay such a sum.","sortOrder":254},{"sectionNumber":"129","sectionType":"section","heading":"Funding of recognised establishments and recognised services of affiliated health organisations","content":"#### 129 Funding of recognised establishments and recognised services of affiliated health organisations\n\n129 Funding of recognised establishments and recognised services of affiliated health organisations\n\n> The Minister may delegate to any local health district the function of determining—\n> \n> > (a) the subsidy (if any) to be received by any affiliated health organisation for its recognised establishments and recognised services, and\n> \n> > (b) the conditions (if any) that should attach to that subsidy.\n> \n> Note.\n> \n> Section 49 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains general provisions relating to the delegation of functions.","sortOrder":255},{"sectionNumber":"130","sectionType":"section","heading":"Performance agreements between local health districts and affiliated health organisations they subsidise","content":"#### 130 Performance agreements between local health districts and affiliated health organisations they subsidise\n\n130 Performance agreements between local health districts and affiliated health organisations they subsidise\n\n> > (1) A local health district exercising a function delegated under section 129 in respect of an affiliated health organisation may enter into a performance agreement with the affiliated health organisation in respect of its recognised establishments and recognised services.\n> \n> > (2) A performance agreement—\n> > \n> > > (a) may set operational performance targets for the affiliated health organisation in the exercise of specified functions in relation to the health services concerned during a specified period, and\n> > \n> > > (b) may provide for the evaluation and review of results in relation to those targets.\n> \n> > (3) The affiliated health organisation must, as far as practicable, exercise its functions in accordance with the performance agreement.\n> \n> > (4) The affiliated health organisation is to report the results of the organisation’s performance under a performance agreement during a financial year to the local health district within 3 months of the end of that year.\n> \n> > (5) The local health district is to evaluate and review the results of the organisation’s performance for each financial year under the performance agreement and to report those results to the Health Secretary.\n> \n> > (6) The Health Secretary may make such recommendations to the Minister concerning the results reported to the Health Secretary under subsection (5) as the Health Secretary thinks fit.","sortOrder":256},{"sectionNumber":"131","sectionType":"section","heading":"Transfer of hospitals, health institutions, services and property between statutory health organisations","content":"#### 131 Transfer of hospitals, health institutions, services and property between statutory health organisations\n\n131 Transfer of hospitals, health institutions, services and property between statutory health organisations\n\n(cf AHS Act s 21)\n\n> > (1) The Governor may, by order published on the NSW legislation website, transfer to any statutory health organisation—\n> > \n> > > (a) any public hospital or health institution under the control of another statutory health organisation, or\n> > \n> > > (b) any health service or health support service under the control of another statutory health organisation, or\n> > \n> > > (c) any public hospital or health service controlled by the Crown (including any hospital or health service controlled by the Minister or the Health Administration Corporation), or\n> > \n> > > (d) any of the assets, rights or liabilities of another statutory health organisation,\n> > \n> > and may amend Schedules 1 and 2 accordingly.\n> \n> > (2) An order made under this section must specify the date (being a date that is on or after the date it is published on the NSW legislation website) on which it takes effect. However, if no date is specified in the order, the order is taken to have specified the date on which it is published on the NSW legislation website as the date on which it takes effect.\n> \n> > (3) An order is not to be made under this section unless the Minister is of the opinion that the order is in the public interest and has recommended to the Governor that the order be made.\n> \n> > (4) A transfer under this section may be effected without holding an inquiry.\n> \n> > (5) (Repealed)\n> \n> **s 131:** Am 2009 No 56, Sch 4.27; 2010 No 97, Sch 1.1 \\[29\\].","sortOrder":258},{"sectionNumber":"132","sectionType":"section","heading":"Consequential and transitional provisions on the making of orders","content":"#### 132 Consequential and transitional provisions on the making of orders\n\n132 Consequential and transitional provisions on the making of orders\n\n(cf AHS Act s 10)\n\n> > (1) Schedule 4 has effect with respect to an order under this Part.\n> \n> > (2) An order under this Part may contain provisions, not inconsistent with the provisions of or made under Schedule 4, of a savings or transitional nature consequent on the making of the order.","sortOrder":259},{"sectionNumber":"133","sectionType":"section","heading":"Establishment of Samaritan Funds","content":"#### 133 Establishment of Samaritan Funds\n\n133 Establishment of Samaritan Funds\n\n(cf PH Act s 40A)\n\n> > (1) The following money and personal effects are taken to be the property of a public health organisation—\n> > \n> > > (a) all money and personal effects (being choses in possession) that are—\n> > > \n> > > > (i) left in its custody by any patient who dies in one of its hospitals or health institutions, and\n> > > \n> > > > (ii) not claimed by the person lawfully entitled to them within a period of 12 months after the patient’s death, and\n> > \n> > > (b) all money and personal effects (being choses in possession) that are—\n> > > \n> > > > (i) left in its custody by any patient discharged from one of its hospitals or health institutions, and\n> > > \n> > > > (ii) not claimed by the patient or other person lawfully entitled to them within a period of 12 months after the date of discharge.\n> \n> > (2) All such money, and the proceeds of the realisation of any such personal effects, are to form a distinct and separate fund of the public health organisation to be called a Samaritan Fund.\n> \n> > (3) A Samaritan Fund is to be managed and disposed of in such manner as may be prescribed by the regulations for the benefit of patients or outgoing patients who are needy.\n> \n> > (4) A local health district or statutory health corporation may establish a separate fund for each hospital or health institution, or a single fund for all public hospitals or health institutions, under its control.\n> \n> > (5) A reference in this section to a public health organisation includes a reference to the Crown in relation to any public hospital controlled by the Crown (including the Minister or the Health Administration Corporation).","sortOrder":260},{"sectionNumber":"133A","sectionType":"section","heading":"Nature of staffing arrangements","content":"#### 133A Nature of staffing arrangements\n\n133A Nature of staffing arrangements\n\n> Any arrangements entered into by or on behalf of the Crown with a public health organisation in connection with the employment of staff in the NSW Health Service do not constitute an employment placement service for the purposes of Division 3 of Part 4 of the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068).\n> \n> **s 133A:** Ins 2006 No 2, Sch 2 \\[53\\]. Am 2011 No 62, Sch 2.15.","sortOrder":261},{"sectionNumber":"133B","sectionType":"section","heading":"Personal liability of members of boards of statutory health organisations","content":"#### 133B Personal liability of members of boards of statutory health organisations\n\n133B Personal liability of members of boards of statutory health organisations\n\n> A matter or thing done or omitted to be done by—\n> \n> > (a) a statutory health organisation, or\n> \n> > (b) the board of a statutory health organisation, or\n> \n> > (c) a member of the board of a statutory health organisation, or\n> \n> > (d) a person acting under the direction of such an organisation or board,\n> \n> does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this or any other Act, subject such a member or person personally to any action, liability, claim or demand.\n> \n> **s 133B:** Ins 2010 No 97, Sch 1.1 \\[31\\]. Am 2011 No 4, Sch 1.2 \\[5\\] \\[6\\].","sortOrder":262},{"sectionNumber":"133C","sectionType":"section","heading":"Sharing or exchange of information about health practitioner appointments","content":"#### 133C Sharing or exchange of information about health practitioner appointments\n\n133C Sharing or exchange of information about health practitioner appointments\n\n> > (1) A public health organisation may share or exchange appointment information about a health practitioner with a private health facility licensee if the public health organisation—\n> > \n> > > (a) reasonably believes that the health practitioner practises at the private health facility, and\n> > \n> > > (b) reasonably considers that the disclosure of that information to the licensee is necessary because it raises serious concerns about the safety of patients.\n> \n> > (2) Information is appointment information about a health practitioner for the purposes of this section if—\n> > \n> > > (a) the health practitioner practises (or formerly practised) at a hospital or health institution of the public health organisation (whether under a service contract or otherwise), and\n> > \n> > > (b) the information relates to the variation, suspension or termination by the public health organisation of clinical privileges of the health practitioner.\n> \n> > (3) Without limiting section 133B, the disclosure of appointment information about a health practitioner by a public health organisation (or a person acting at the direction of the organisation) to a private health facility licensee does not, if the disclosure was made in good faith, subject the organisation or person personally to any action, liability, claim or demand.\n> \n> > (4) Nothing in this section limits the ability of public health organisations to share or exchange appointment information about health practitioners with each other or with the Health Secretary or Minister.\n> \n> > (5) In this section—\n> > \n> > clinical privileges has the same meaning as it has in Part 4 of Chapter 8.\n> > \n> > health practitioner has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> > \n> > private health facility licensee means a licensee for a private health facility under the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009).\n> \n> **s 133C:** Ins 2014 No 84, Sch 2.1.","sortOrder":263},{"sectionNumber":"133D","sectionType":"section","heading":"Consolidation of annual reporting information for NSW Health entities","content":"#### 133D Consolidation of annual reporting information for NSW Health entities\n\n133D Consolidation of annual reporting information for NSW Health entities\n\n> > (1) The annual reporting information for any or all NSW Health entities may be included in the annual reporting information prepared for the Ministry of Health under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> > \n> > Note.\n> > \n> > Section 7.10 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) provides that if other legislation requires or permits annual reporting information for 2 or more reporting GSF agencies to be combined in the annual reporting information for one of them (the lead agency), it is sufficient compliance with Division 7.3 (Annual reporting information for reporting GSF agencies) of that Act if—\n> > \n> > > (a) only the combined information is prepared for each of the agencies, and\n> > \n> > > (b) the combined information is given only to the responsible Minister for the lead agency even if the responsible Minister for any of the other agencies is different.\n> \n> > (2) In this section—\n> > \n> > annual reporting information means annual reporting information for the purposes of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> > \n> > NSW Health entity has the same meaning as in the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> \n> **s 133D:** Ins 2018 No 70, Sch 4.49\\[2\\].","sortOrder":264},{"sectionNumber":"133E","sectionType":"section","heading":"Prohibition of certain public-private partnership arrangements","content":"#### 133E Prohibition of certain public-private partnership arrangements\n\n133E Prohibition of certain public-private partnership arrangements\n\n> > (1) This section applies to the following entities—\n> > \n> > > (a) the State, including a Minister of the Crown or a person acting on behalf of the State, including the Health Secretary,\n> > \n> > > (b) a local health district,\n> > \n> > > (c) a statutory health corporation.\n> \n> > (2) An entity to which this section applies must not enter into an arrangement with a private person for the purpose of the private person—\n> > \n> > > (a) constructing an acute hospital building or complex, and\n> > \n> > > (b) providing an acute hospital service to public patients in New South Wales at the acute hospital building or complex.\n> \n> > (3) Subsection (2) applies only if under the arrangement—\n> > \n> > > (a) the entity has, or will have, an interest, liability or responsibility in the hospital building or complex, and\n> > \n> > > (b) the hospital building or complex is constructed in part or in whole through private sector financing, ownership or control.\n> \n> > (4) However, subsection (2) does not apply to an arrangement, or an arrangement of a class, excluded from the operation of this section by the regulations.\n> \n> > (5) Nothing in subsection (2), affects an arrangement in effect at the commencement of this section, including a variation to, or an option to extend, an existing arrangement.\n> \n> > (6) In this section—\n> > \n> > acute hospital building or complex means a hospital building or complex at which an acute hospital service is provided.\n> > \n> > acute hospital service means a hospital service that includes the provision of—\n> > \n> > > (a) emergency services, and\n> > \n> > > (b) surgical services, and\n> > \n> > > (c) in-patient services.\n> > \n> > private person means a person other than—\n> > \n> > > (a) the Commonwealth, a State or a Territory, including a Minister of the Crown in any of its capacities or a person acting on behalf of the Commonwealth, a State or a Territory, or\n> > \n> > > (b) a public or local authority of the Commonwealth, a State or a Territory, including a local council or a State owned corporation, however described, or\n> > \n> > > (c) a public health organisation.\n> \n> **s 133E:** Ins 2025 No 33, Sch 1.","sortOrder":265},{"sectionNumber":"134","sectionType":"section","heading":"Obstructing or hindering Minister, Health Secretary, authorised officer or other public official","content":"#### 134 Obstructing or hindering Minister, Health Secretary, authorised officer or other public official\n\n134 Obstructing or hindering Minister, Health Secretary, authorised officer or other public official\n\n(cf PH Act s 34)\n\n> A person must not obstruct or hinder—\n> \n> > (a) the Minister, or\n> \n> > (b) the Health Secretary, or\n> \n> > (c) any authorised officer, or\n> \n> > (d) any other public official,\n> \n> in the exercise of any function conferred by or under this Act for the purposes of any inquiry, investigation, inspection or report.\n> \n> Maximum penalty—100 penalty units.","sortOrder":266},{"sectionNumber":"135","sectionType":"section","heading":"Authentication of certain documents","content":"#### 135 Authentication of certain documents\n\n135 Authentication of certain documents\n\n(cf AHS Act s 35)\n\n> Every summons, process, demand, order, notice, statement, direction or other document requiring authentication by a public health organisation may be sufficiently authenticated without the seal of that organisation if signed by the chief executive or by any employee of that organisation authorised to do so by the chief executive.","sortOrder":267},{"sectionNumber":"136","sectionType":"section","heading":"Proof of certain matters not required","content":"#### 136 Proof of certain matters not required\n\n136 Proof of certain matters not required\n\n(cf AHS Act s 36)\n\n> In any legal proceedings, proof is not required (until evidence is given to the contrary) of any of the following matters—\n> \n> > (a) the constitution of a board or governing body of a public health organisation,\n> \n> > (b) any resolution of a board or governing body of a public health organisation,\n> \n> > (c) the appointment of, or the holding of office by, any member of a board or governing body of a public health organisation,\n> \n> > (d) the presence of a quorum at any meeting of a board or governing body of a public health organisation.\n> \n> **s 136:** Am 2010 No 97, Sch 1.1 \\[32\\]; 2011 No 4, Sch 1.2 \\[7\\].","sortOrder":268},{"sectionNumber":"137","sectionType":"section","heading":"Proceedings for offences","content":"#### 137 Proceedings for offences\n\n137 Proceedings for offences\n\n(cf AHS Act s 37)\n\n> Proceedings for an offence against this Act (other than an offence under section 67J(2)) or the regulations are to be dealt with summarily before the Local Court.\n> \n> **s 137:** Am 2007 No 94, Sch 4; 2010 No 52, Sch 1.1. \\[2\\].","sortOrder":269},{"sectionNumber":"138","sectionType":"section","heading":null,"content":"#### 138\n\n138 (Repealed)","sortOrder":270},{"sectionNumber":"139","sectionType":"section","heading":"Liability of persons conducting performance reviews etc","content":"#### 139 Liability of persons conducting performance reviews etc\n\n139 Liability of persons conducting performance reviews etc\n\n> > (1) This section applies with respect to the provision of expert advice or assistance by a person, for or on behalf of a public health organisation or the Health Secretary and in the person’s professional capacity, in connection with—\n> > \n> > > (a) a review of the performance or conduct of any visiting practitioner or relevant employee, or\n> > \n> > > (b) a review to determine whether to take disciplinary action in relation to any visiting practitioner or relevant employee, or\n> > \n> > > (c) a review or inquiry conducted in relation to the operation of the public health system or any part of that system.\n> \n> > (2) No matter or thing done by the person in providing the advice or assistance subjects the person personally to any action, liability, claim or demand if the matter or thing was done by the person in good faith for the purposes of executing this or any other Act.\n> \n> > (3) If subsection (2) prevents liability attaching to a person, the liability attaches instead to the public health organisation concerned or the Health Secretary (as the case may be).\n> \n> > (4) A reference in this section to the Health Secretary is a reference to the Health Secretary in respect of the provision of ambulance services under Chapter 5A or the provision of health support services under Part 1A of Chapter 10.\n> \n> > (5) In this section—\n> > \n> > relevant employee means—\n> > \n> > > (a) a member of the NSW Health Service, or\n> > \n> > > (b) a person who—\n> > > \n> > > > (i) is an employee of an affiliated health organisation that is not a declared affiliated health organisation, and\n> > > \n> > > > (ii) is employed in relation to a recognised establishment or recognised service of the organisation.\n> \n> **s 139:** Rep 1999 No 85, Sch 4. Ins 2007 No 89, Sch 2.5 \\[5\\]. Am 2009 No 15, Sch 1.4 \\[3\\] \\[4\\]; 2016 No 45, Sch 2 \\[9\\].","sortOrder":272},{"sectionNumber":"139A","sectionType":"section","heading":"Liability of certain persons assisting in the exercise of functions under Guardianship Act 1987 and Children and Young Persons (Care and Protection) Act 1998","content":"#### 139A Liability of certain persons assisting in the exercise of functions under Guardianship Act 1987 and Children and Young Persons (Care and Protection) Act 1998\n\n139A Liability of certain persons assisting in the exercise of functions under [Guardianship Act 1987](/view/html/inforce/current/act-1987-257) and [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157)\n\n> > (1) Any person who is a member of staff of the NSW Health Service who, in good faith, assists a registered health practitioner who is exercising a function that is conferred or imposed on the practitioner by or under Part 5 of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257) or Part 1 of Chapter 9 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) is not personally liable for any injury or damage caused in assisting the practitioner in exercising any such function.\n> \n> > (2) If subsection (1) prevents liability attaching to a person, the liability attaches instead to the local health district, or statutory health corporation, in which the member of the NSW Health Service was employed at the time the assistance was rendered.\n> \n> > (3) Nothing in this section, or any other provision of this Act, the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) or the regulations relieves a registered health practitioner or other person from liability in respect of carrying out treatment on a patient or other person to which the registered health practitioner or person would have been subject had the treatment been carried out with the patient’s or other person’s consent.\n> \n> > (4) Nothing in this section affects any exclusion from liability provided by another provision of this Act, the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) or any other law.\n> \n> > (5) In this section, registered health practitioner has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> **s 139A:** Ins 2016 No 45, Sch 2 \\[10\\].","sortOrder":273},{"sectionNumber":"140","sectionType":"section","heading":"Regulations","content":"#### 140 Regulations\n\n140 Regulations\n\n(cf AHS Act s 38, PH Act s 42)\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without limiting the generality of subsection (1), the regulations may provide for the following—\n> > \n> > > (a) accounts to be kept by public health organisations and the auditing of those accounts,\n> > \n> > > (b) records to be kept by public health organisations or public hospitals,\n> > \n> > > (c) the furnishing of information and reports to the Minister, Health Secretary or other person by public health organisations,\n> > \n> > > (d) the furnishing of information to a patient in the care of a public health organisation and the inspection of records by such a patient in connection with the treatment of the patient by the organisation,\n> > \n> > > (e) the appointment, control and governance of visiting practitioners, including the conditions subject to which they perform work,\n> > \n> > > (f) in the case of public hospitals controlled by local health districts or statutory health corporations—the admission and discharge of patients and the payment and collection of fees payable by patients for health services,\n> > \n> > > (g) the authorisation, prohibition and control of fundraising by public appeal or otherwise for the purposes of public hospitals,\n> > \n> > > (h) the administration and management of any affiliated health organisation in relation to its recognised establishments and recognised services,\n> > \n> > > (i) the disposal of unclaimed property of patients in the care of a public health organisation,\n> > \n> > > (j) the control and governance of members of staff of the NSW Health Service and any other matter or thing necessary or convenient to ensure the maintenance of discipline and efficiency of that staff,\n> > \n> > > (k) the conditions of employment (including salaries and wages) of persons employed by affiliated health organisations (other than declared affiliated health organisations) in respect of their recognised establishments and recognised services,\n> > \n> > > (l) the management of, and accounting for, any funds (including the amount of any subsidy determined under section 127) paid by or on behalf of the State to a public health organisation to meet the employment-related costs and liabilities in relation to those members of the NSW Health Service who are employed in connection with the organisation,\n> > \n> > > (m) the recognition of prior government service or public health system service for the purposes of calculating the long service leave entitlements of employees in the public health system,\n> > \n> > > (n) the updating of any reference in any Act, in any instrument made under any Act or in any document of any kind to any public health organisation (or to any officer, body or function of the organisation) that is (or will become) out of date or otherwise incorrect because of the dissolution, amalgamation, change in governance or renaming of the organisation or the transfer of any of its functions, assets, rights or liabilities,\n> > \n> > > (o) regulating or prohibiting smoking at any public hospital controlled by the Crown (including the Minister or the Health Administration Corporation), including by designating an area as a smoke-free area for the purposes of section 6A (Smoke-free areas—outdoor public places) of the [Smoke-free Environment Act 2000](/view/html/inforce/current/act-2000-069).\n> \n> > (3) The regulations may make provision for or with respect to any matter for or with respect to which a by-law may be made by a public health organisation.\n> \n> > (4) A provision of a regulation prevails to the extent to which it is inconsistent with a by-law made by a public health organisation.\n> \n> > (5) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.\n> \n> > (6) A regulation made under subsection (2)(e) cannot be made unless the Minister has received advice from the Medical Services Committee in relation to the substance of the regulation.\n> \n> > (7) Subsection (6) does not apply to a regulation if the Medical Services Committee does not furnish advice in relation to the regulation to the Minister—\n> > \n> > > (a) within 30 days after a notice from the Minister requesting such advice has been served on the Committee, or\n> > \n> > > (b) within such further period as the Minister may specify in the notice or in another notice served on the Committee.\n> \n> Note.\n> \n> Section 42 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) provides for the general matters for which statutory rules (which include regulations) may make provision.\n> \n> **s 140:** Am 2006 No 2, Sch 2 \\[54\\]; 2011 No 4, Sch 1.2 \\[8\\]; 2012 No 56, Sch 2 \\[3\\].","sortOrder":274},{"sectionNumber":"141","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 141 Savings and transitional provisions\n\n141 Savings and transitional provisions\n\n> Schedule 7 has effect.","sortOrder":275},{"sectionNumber":"142","sectionType":"section","heading":"Review of Act","content":"#### 142 Review of Act\n\n142 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":276},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Names and areas of local health districts","content":"# Schedule 1 Names and areas of local health districts\n\nSchedule 1 Names and areas of local health districts\n\n(Sections 17 and 18)\n\n**sch 1, hdg:** Am 2011 No 4, Sch 1.1 \\[6\\].\n\n| Column 1 | Column 2 | Column 3 |\n| Name of local health district | Description of local government area or city | Description of area other than local government area |\n| Sydney Local Health District | Ashfield, Burwood, Canada Bay, Canterbury, Leichhardt, Marrickville, Strathfield, Sydney (part) |  |\n| South Western Sydney Local Health District | Bankstown, Camden, Campbelltown, Fairfield, Liverpool, Wingecarribee, Wollondilly |  |\n| South Eastern Sydney Local Health District | Botany Bay, Hurstville, Kogarah, Randwick, Rockdale, Sutherland, Sydney (part), Waverley, Woollahra | Lord Howe Island |\n| Illawarra Shoalhaven Local Health District | Kiama, Shellharbour, Shoalhaven, Wollongong |  |\n| Western Sydney Local Health District | Auburn, Baulkham Hills, Blacktown, Holroyd, Parramatta |  |\n| Nepean Blue Mountains Local Health District | Blue Mountains, Hawkesbury, Lithgow, Penrith |  |\n| Northern Sydney Local Health District | Hornsby, Hunters Hill, Ku-ring-gai, Lane Cove, Manly, Mosman, North Sydney, Pittwater, Ryde, Warringah, Willoughby |  |\n| Central Coast Local Health District | Gosford, Wyong |  |\n| Hunter New England Local Health District | Armidale Dumaresq, Cessnock, Dungog, Glen Innes Severn, Gloucester, Great Lakes, Greater Taree, Gunnedah, Guyra, Gwydir, Inverell, Lake Macquarie, Liverpool Plains, Maitland, Moree Plains, Muswellbrook, Narrabri, Newcastle, Port Stephens, Singleton, Tamworth Regional, Tenterfield (part), Upper Hunter, Uralla, Walcha |  |\n| Murrumbidgee Local Health District | Albury, Berrigan, Bland, Boorowa, Carrathool, Conargo, Coolamon, Cootamundra, Corowa, Deniliquin, Greater Hume, Griffith, Gundagai, Harden, Hay, Jerilderie, Junee, Lachlan (part), Leeton, Lockhart, Murray, Murrumbidgee, Narrandera, Temora, Tumbarumba, Tumut, Urana, Wagga Wagga, Wakool, Young |  |\n| Southern NSW Local Health District | Bega Valley, Bombala, Cooma-Monaro, Eurobodalla, Goulburn Mulwaree, Palerang, Queanbeyan, Snowy River, Upper Lachlan, Yass Valley |  |\n| Western NSW Local Health District | Bathurst Regional, Blayney, Bogan, Bourke, Brewarrina, Cabonne, Cobar, Coonamble, Cowra, Dubbo, Forbes, Gilgandra, Lachlan (part), Mid-Western Regional, Narromine, Oberon, Orange, Parkes, Walgett, Warren, Warrumbungle, Weddin, Wellington |  |\n| Far West Local Health District | Balranald, Broken Hill, Central Darling, Wentworth | Unincorporated Far West |\n| Mid North Coast Local Health District | Bellingen, Coffs Harbour, Hastings, Kempsey, Nambucca |  |\n| Northern NSW Local Health District | Ballina, Byron, Clarence Valley, Kyogle, Lismore, Richmond Valley, Tenterfield (part), Tweed |  |\n\n**sch 1:** Am GG No 81 of 30.6.2000, p 5798. Subst GG No 125 of 28.7.2004, p 6092. Am GG No 166 of 22.10.2004, p 8129; 2008 No 62, Sch 2.26. Subst 2010 No 97, Sch 1.1 \\[34\\]. Am 2010 (726), cl 3 (1)–(4); 2011 (130), cl 3 (1)–(4); 2011 No 4, Sch 1.1 \\[7\\]; 2011 No 27, Sch 2.20.","sortOrder":277},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Statutory health corporations","content":"# Schedule 2 Statutory health corporations\n\nSchedule 2 Statutory health corporations\n\n(Section 41)\n\n| Column 1 | Column 2 |\n| Name of statutory health corporation | Nature of governance |\n| The Agency for Clinical Innovation | Chief executive |\n| Bureau of Health Information | Board |\n| Clinical Excellence Commission | Board |\n| Health Education and Training Institute | Chief executive |\n| Justice Health and Forensic Mental Health Network | Specialty network |\n| The Sydney Children’s Hospitals Network (Randwick and Westmead) (incorporating The Royal Alexandra Hospital for Children) | Specialty network |\n\n**sch 2:** Am GG No 81 of 30.6.2000, p 5798; GG No 188 of 7.12.2001, p 9618; GG No 49 of 21.2.2003, p 2272 (the order was not commenced and was repealed by GG No 104 of 27.6.2003, p 6351); GG No 104 of 27.6.2003, p 6348; GG No 109 of 30.6.2004, p 4868; GG No 135 of 20.8.2004, p 6629. Subst 2004 No 92, Sch 1 \\[28\\]. Am 2008 (625), Sch 1 \\[1\\]; 2009 (243), cl 4; 2009 (300), cll 3, 5; 2009 (440), cl 3; 2009 (587), cl 3; 2010 (260), cl 3; 2010 (334), cl 4; 2010 No 97, Sch 1.1 \\[35\\] \\[36\\]; 2010 (637), cl 4; 2011 No 4, Sch 1.1 \\[8\\]; 2012 (111), cl 4 (1) (2); 2012 (130), cl 4 (1) (2); 2012 (131), cl 3; 2012 (224), cl 5; 2013 (122), cl 4; 2015 (664), cl 5; 2023 (70), sec 3.","sortOrder":278},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Affiliated health organisations","content":"# Schedule 3 Affiliated health organisations\n\nSchedule 3 Affiliated health organisations\n\n(Section 62)\n\n| Column 1 | Column 2 |\n| Name of organisation | Recognised establishment or recognised service |\n| Benevolent Society of New South Wales | Central Sydney Scarba Services.Early Intervention Program.Eastern Sydney Scarba Services.South West Sydney Scarba Services. |\n| Calvary Health Care (Newcastle) Limited | Calvary Mater Newcastle |\n| Calvary Health Care Sydney Limited | Calvary Health Care Sydney. |\n| Hammondcare Health and Hospitals Limited | Ambulatory and Rehabilitation Services.Bereavement Services.Braeside Hospital, Prairiewood.Community Palliative Care Services.Greenwich Hospital, Greenwich.Neringah Hospital, Wahroonga.Northern Beaches Palliative Care Service.The Older Persons’ Mental Health Service.The Pain Clinic. |\n| Karitane | Child and Family health services at Carramar, Fairfield, Liverpool and Randwick. |\n| Mercy Hospitals NSW Ltd | Mercy Care Centre: Young, excluding Mount St Joseph’s Nursing Home.Mercy Health Service Albury. |\n| NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS) | NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS) |\n| Royal Rehab | General rehabilitation services.Brain injury rehabilitation services.Spinal injury rehabilitation services.Extended care services. |\n| Royal Society for the Welfare of Mothers and Babies | Tresillian Family Care Centres at Belmore, Broken Hill, Coffs Harbour, Dubbo, Lismore, Penrith, Queanbeyan, Taree, Willoughby and Wollstonecraft. |\n| St Vincent’s Hospital Sydney Limited | Sacred Heart Health Service.St Vincent’s Hospital, Darlinghurst. |\n| Stewart House | Child health screening services at Stewart House Preventorium, Curl Curl. |\n| The College of Nursing | Nursing Education Programs conducted under agreement with the NSW Ministry of Health. |\n| Uniting Church in Australia | War Memorial Hospital (Waverley). |\n\n**sch 3:** Am GG No 97 of 26.6.1998, p 4864; 1998 No 54, Sch 1.10 \\[3\\]; GG No 75 of 30.6.1999, p 4577; GG No 84 of 23.7.1999, p 5150; GG No 127 of 17.8.2001, p 6034; GG No 149 of 20.9.2002, p 8215; GG No 170 of 11.10.2002, p 8711; GG No 104 of 27.6.2003, p 6349; GG No 178 of 7.11.2003, pp 10385, 10387, 10389; GG No 131 of 6.8.2004, pp 6348, 6349; 2005 (294), cl 3; 2007 (312), Sch 1 \\[1\\] \\[2\\]; 2008 (625), Sch 1 \\[2\\]; 2009 (309), cl 3; 2009 (586), Sch 1 \\[1\\]–\\[7\\]; 2010 (563), cl 3 (1) (2); 2011 (249), cl 3; 2013 (255), cl 3; 2013 (737), cl 3; 2014 (111), cl 3; 2015 (205), cl 3; 2015 No 58, Sch 3.41 \\[2\\]; 2017 (495), cl 3; 2018 (279), cl 3; 2020 (100), cl 3; 2022 (559), sec 5; 2023 (594), sec 5; 2026 (96), Sch 1.","sortOrder":279},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Transfers, dissolutions, amalgamations and changes of name or nature of governance","content":"# Schedule 4 Transfers, dissolutions, amalgamations and changes of name or nature of governance\n\nSchedule 4 Transfers, dissolutions, amalgamations and changes of name or nature of governance\n\n(Sections 21, 44, 64 and 132)\n\n**sch 4, hdg:** Am 2004 No 92, Sch 2 \\[19\\].\n\n**sch 4:** Am 2004 No 92, Sch 2 \\[20\\]–\\[28\\]; 2006 No 2, Sch 2 \\[55\\] \\[56\\]; 2010 No 97, Sch 1.1 \\[37\\]–\\[42\\], 1.2 \\[6\\]; 2011 No 4, Sch 1.2 \\[9\\]–\\[13\\]; 2012 No 42, Sch 2.17 \\[2\\]; 2014 No 33, Sch 3.13 \\[2\\].","sortOrder":280},{"sectionNumber":"Division 4","sectionType":"division","heading":"Other general provisions concerning transfers","content":"## Division 4 Other general provisions concerning transfers\n\nDivision 4 Other general provisions concerning transfers","sortOrder":298},{"sectionNumber":"Schedule 4A","sectionType":"schedule","heading":"Constitution and procedure of local health district boards","content":"# Schedule 4A Constitution and procedure of local health district boards\n\nSchedule 4A Constitution and procedure of local health district boards\n\n(Section 26)\n\n**sch 4A:** Ins 2016 No 45, Sch 2 \\[11\\].","sortOrder":309},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Provisions relating to members and procedure of health corporation boards","content":"# Schedule 5 Provisions relating to members and procedure of health corporation boards\n\nSchedule 5 Provisions relating to members and procedure of health corporation boards\n\n(Section 50)\n\n**sch 5, hdg:** Am 2004 No 92, Sch 2 \\[29\\].\n\n**sch 5:** Am 1998 No 54, Sch 1.10 \\[4\\]; 1999 No 94, Sch 4.114; 2003 No 52, Sch 1 \\[3\\] \\[4\\]; 2004 No 92, Sch 2 \\[30\\]–\\[41\\]; 2006 No 2, Sch 2 \\[57\\]–\\[61\\]; 2010 No 97, Sch 1.1 \\[43\\]; 2016 No 45, Sch 2 \\[12\\]–\\[18\\].","sortOrder":336},{"sectionNumber":"3A","sectionType":"section","heading":"Deputy Chairperson","content":"#### 3A Deputy Chairperson\n\n3A Deputy Chairperson\n\n> > (1) The Minister may, from time to time, appoint an appointed member (other than the Chairperson), by the instrument of appointment of the member or a subsequent instrument signed by the Minister, as the Deputy Chairperson of a Board.\n> \n> > (2) The Minister may at any time remove the Deputy Chairperson from office as Deputy Chairperson of a Board.\n> \n> > (3) The Deputy Chairperson may act in the office of Chairperson during the illness or absence of the Chairperson, and while so acting has and may exercise all the functions of the Chairperson and is taken to be the Chairperson.\n> \n> > (4) A person who is an appointed member and Deputy Chairperson of a Board is taken to have vacated office as Deputy Chairperson if the person—\n> > \n> > > (a) is removed from that office by the Minister under subclause (2), or\n> > \n> > > (b) resigns that office by instrument in writing addressed to the Minister, or\n> > \n> > > (c) ceases to be an appointed member.","sortOrder":342},{"sectionNumber":"16A","sectionType":"section","heading":"Minutes","content":"#### 16A Minutes\n\n16A Minutes\n\n> > (1) The chief executive is to ensure that minutes are kept of all meetings of the Board.\n> \n> > (2) A motion for the confirmation of minutes of a meeting is to be put to the next ordinary meeting.\n> \n> > (3) No business is to be transacted until the minutes of the previous meeting have been confirmed or otherwise disposed of.","sortOrder":357},{"sectionNumber":"16B","sectionType":"section","heading":"Rescission","content":"#### 16B Rescission\n\n16B Rescission\n\n> > (1) The Board may, at any ordinary or special meeting, vary or rescind any resolution carried at any previous meeting of the Board, but only if the motion to vary or rescind the resolution has been included in or with the notice of the meeting.\n> \n> > (2) If a motion to vary or rescind a resolution is considered at a meeting of the Board and is not carried, the motion is not to be reconsidered by the Board during the period of 3 months from the date of that meeting.","sortOrder":358},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Provisions relating to members and procedure of Ambulance Service Advisory Board","content":"# Schedule 6 Provisions relating to members and procedure of Ambulance Service Advisory Board\n\nSchedule 6 Provisions relating to members and procedure of Ambulance Service Advisory Board\n\n(Section 67C(7))\n\n**sch 6, hdg:** Am 2018 No 2, Sch 2 \\[7\\].\n\n**sch 6:** Rep 1999 No 85, Sch 4. Ins 2006 No 2, Sch 2 \\[62\\]. Am 2018 No 2, Sch 2 \\[8\\]–\\[11\\]; 2020 No 32, Sch 3\\[6\\]–\\[9\\].","sortOrder":361},{"sectionNumber":"Schedule 6A","sectionType":"schedule","heading":"National Health Funding Pool and Administration","content":"# Schedule 6A National Health Funding Pool and Administration\n\nSchedule 6A National Health Funding Pool and Administration\n\n**sch 6A:** Ins 2012 No 36, Sch 1 \\[5\\]. Am 2014 No 33, Sch 3.13 \\[3\\]; 2018 No 70, Sch 4.49\\[3\\]; 2022 No 6, Sch 1.2.","sortOrder":376},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 7 Savings, transitional and other provisions\n\nSchedule 7 Savings, transitional and other provisions\n\n(Section 141)\n\n**sch 7, hdg:** Am 2010 No 97, Sch 1.1 \\[44\\]; 2012 No 36, Sch 1 \\[1\\].\n\n**sch 7:** Am 1998 No 54, Sch 1.10 \\[5\\]; 1999 No 76, Sch 9 \\[5\\] \\[6\\]; 2004 No 87, Sch 2 \\[8\\]; 2004 No 92, Sch 1 \\[29\\] \\[30\\]; 2006 No 2, Sch 2 \\[63\\] \\[64\\]; 2009 No 15, Sch 1.4 \\[5\\]; 2010 No 34, Sch 2.27 \\[17\\]; 2010 No 52, Sch 3.4 \\[3\\]; 2010 No 97, Sch 1.1 \\[45\\]–\\[48\\]; 2011 No 4, Sch 1.1 \\[9\\] \\[10\\]; 2012 No 56, Sch 2 \\[4\\]; 2014 No 60, Sch 1 \\[5\\]; 2016 No 2, Sch 2 \\[23\\]; 2016 No 45, Sch 2 \\[19\\]; 2016 (726), Sch 1 \\[1\\]–\\[3\\]; 2016 (773), cl 3; 2018 No 2, Sch 2 \\[12\\]; 2018 No 11, Sch 3.6 \\[17\\]; 2018 No 33, Sch 5.9 \\[5\\]; 2018 No 73, Sch 4 \\[4\\]; 2019 No 14, Sch 2.10; 2025 No 8, Sch 1.3\\[5\\].","sortOrder":409},{"sectionNumber":"Division 5","sectionType":"division","heading":"Separate institutions","content":"## Division 5 Separate institutions\n\nDivision 5 Separate institutions","sortOrder":448},{"sectionNumber":"Division 6","sectionType":"division","heading":"Associated organisations","content":"## Division 6 Associated organisations\n\nDivision 6 Associated organisations","sortOrder":453},{"sectionNumber":"Division 7","sectionType":"division","heading":"Miscellaneous","content":"## Division 7 Miscellaneous\n\nDivision 7 Miscellaneous","sortOrder":456},{"sectionNumber":"44A","sectionType":"section","heading":"Determination under repealed hospitals Act","content":"#### 44A Determination under repealed hospitals Act\n\n44A Determination under repealed hospitals Act\n\n> > (1) In this clause—\n> > \n> > existing determination means the Public Hospitals (Visiting Medical Officers—Sessional Contracts) Determination 1994, made under Division 2 of Part 5C of the [Public Hospitals Act 1929](/view/pdf/asmade/act-1929-8) and which, immediately before the repeal of that Act, applied to sessional visiting medical officers by operation of section 29R of that Act.\n> \n> > (2) The existing determination is taken to be a determination made under Division 3 of Part 2 of Chapter 8 and applying, by virtue of section 98, in relation to any service contract between an organisation and a visiting medical officer providing his or her services as an individual.\n> \n> > (3) A reference in that determination—\n> > \n> > > (a) to any particular former area health service, incorporated hospital or separate institution is to be read as a reference to the successor of the service, hospital or institution, as the case may be, or\n> > \n> > > (b) to former area health services, incorporated hospitals or separate institutions generally is to be read as a reference to area health services, statutory health corporations and affiliated health organisations, respectively.\n> \n> > (4) On and from a date appointed by proclamation for the purposes of this subclause, the existing determination is taken to also be a determination made under Division 3 of Part 2 of Chapter 8 and applying, by virtue of section 98, in relation to any service contract between an organisation and a practice company through which a visiting medical officer provides services (in accordance with section 85).\n> > \n> > Editorial note.\n> > \n> > Date appointed for the purposes of this subclause: 30.6.2000—see Gazette No 81 of 30.6.2000, p 5354.\n> \n> > (5) On and from that date, a reference in that determination—\n> > \n> > > (a) to any particular former area health service, incorporated hospital or separate institution is to be read as a reference to the successor of the service, hospital or institution, as the case may be, or\n> > \n> > > (b) to former area health services, incorporated hospitals or separate institutions generally is to be read as a reference to area health services, statutory health corporations and affiliated health organisations, respectively, or\n> > \n> > > (c) to a contract with or payment to a visiting medical officer is to be read as including a reference to a contract with or payment to a visiting medical officer’s practice company, or\n> > \n> > > (d) to the termination of a sessional contract is to be read as including a reference to the termination of a visiting medical officer’s appointment as a visiting medical officer.\n> \n> > (6) Nothing in this clause prevents the making of any future orders under section 87 approving standard conditions.","sortOrder":463},{"sectionNumber":"Part 8","sectionType":"part","heading":"Provisions consequent on enactment of Health Services Amendment (Local Health Districts and Boards) Act 2011","content":"# Part 8 Provisions consequent on enactment of Health Services Amendment (Local Health Districts and Boards) Act 2011\n\nPart 8 Provisions consequent on enactment of [Health Services Amendment (Local Health Districts and Boards) Act 2011](/view/html/repealed/current/act-2011-004)","sortOrder":507},{"sectionNumber":"Part 9","sectionType":"part","heading":"Provisions consequent on enactment of Health Services Amendment (Ambulance Fees) Act 2014","content":"# Part 9 Provisions consequent on enactment of Health Services Amendment (Ambulance Fees) Act 2014\n\nPart 9 Provisions consequent on enactment of [Health Services Amendment (Ambulance Fees) Act 2014](/view/html/repealed/current/act-2014-060)","sortOrder":522},{"sectionNumber":"Part 10","sectionType":"part","heading":"Provisions consequent on enactment of Health Legislation Amendment Act 2016","content":"# Part 10 Provisions consequent on enactment of Health Legislation Amendment Act 2016\n\nPart 10 Provisions consequent on enactment of [Health Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-045)","sortOrder":527},{"sectionNumber":"Part 11","sectionType":"part","heading":"Provisions consequent on enactment of Government Sector Employment Legislation Amendment Act 2016","content":"# Part 11 Provisions consequent on enactment of Government Sector Employment Legislation Amendment Act 2016\n\nPart 11 Provisions consequent on enactment of [Government Sector Employment Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-002)","sortOrder":532},{"sectionNumber":"103A","sectionType":"section","heading":"Termination of employment","content":"#### 103A Termination of employment\n\n103A Termination of employment\n\n> Section 121H extends to conduct occurring before 1 January 2017.","sortOrder":535},{"sectionNumber":"103B","sectionType":"section","heading":"Dealing with misconduct and unsatisfactory performance","content":"#### 103B Dealing with misconduct and unsatisfactory performance\n\n103B Dealing with misconduct and unsatisfactory performance\n\n> > (1) Any matter relating to the conduct or performance of an existing Health Service senior executive that was being dealt with under this Act before 1 January 2017 is to continue to be dealt with as if this Act had not been amended by the amending Act.\n> \n> > (2) If the employer of a NSW Health Service senior executive takes any action under section 68(2) of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) on or after 1 January 2017 in relation to the executive, anything done before that date by an employer of the executive in dealing with the executive’s unsatisfactory performance in accordance with the rules made under that Act is taken to have been done by the employer who is taking the action (whether or not the same person).","sortOrder":536},{"sectionNumber":"Part 12","sectionType":"part","heading":"Provisions consequent on enactment of Health Legislation Amendment Act 2018","content":"# Part 12 Provisions consequent on enactment of Health Legislation Amendment Act 2018\n\nPart 12 Provisions consequent on enactment of [Health Legislation Amendment Act 2018](/view/html/repealed/current/act-2018-002)","sortOrder":538},{"sectionNumber":"Part 13","sectionType":"part","heading":"Provisions consequent on enactment of State Debt Recovery Act 2018","content":"# Part 13 Provisions consequent on enactment of State Debt Recovery Act 2018\n\nPart 13 Provisions consequent on enactment of [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011)","sortOrder":540},{"sectionNumber":"Part 14","sectionType":"part","heading":"Provisions consequent on enactment of Health Legislation Amendment Act (No 3) 2018","content":"# Part 14 Provisions consequent on enactment of Health Legislation Amendment Act (No 3) 2018\n\nPart 14 Provisions consequent on enactment of [Health Legislation Amendment Act (No 3) 2018](/view/html/repealed/current/act-2018-073)","sortOrder":542},{"sectionNumber":"Part 15","sectionType":"part","heading":"Provision consequent on enactment of Criminal Legislation Amendment (Child Sexual Abuse) Act 2018","content":"# Part 15 Provision consequent on enactment of Criminal Legislation Amendment (Child Sexual Abuse) Act 2018\n\nPart 15 Provision consequent on enactment of [Criminal Legislation Amendment (Child Sexual Abuse) Act 2018](/view/html/repealed/current/act-2018-033)","sortOrder":544},{"sectionNumber":"Part 16","sectionType":"part","heading":"Provisions consequent on enactment of Industrial Relations Amendment Act 2025","content":"# Part 16 Provisions consequent on enactment of Industrial Relations Amendment Act 2025\n\nPart 16 Provisions consequent on enactment of [Industrial Relations Amendment Act 2025](/view/pdf/asmade/act-2025-8)","sortOrder":546},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Transferred provisions—Sydney Hospital (Trust Property) Act 1984","content":"# Schedule 8 Transferred provisions—Sydney Hospital (Trust Property) Act 1984\n\nSchedule 8 Transferred provisions—[Sydney Hospital (Trust Property) Act 1984](/view/html/repealed/current/act-1984-133)\n\n**sch 8:** Ins 2012 No 42, Sch 4.6.","sortOrder":550},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Termination of Northern Beaches Hospital Deed","content":"# Schedule 9 Termination of Northern Beaches Hospital Deed\n\nSchedule 9 Termination of Northern Beaches Hospital Deed\n\n**sch 9:** Ins 2014 No 60, Sch 1 \\[6\\]. Rep 2018 No 11, Sch 3.6 \\[18\\]. Ins 2025 No 41, Sch 1.","sortOrder":552}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded beyond its original focus on consolidating public hospital administration and Medicare principles (objects in s 4). It now comprehensively regulates the entire public health system, including ambulance services (Ch 5A), detailed staff criminal/disciplinary rules (Ch 9), national reform performance frameworks, property transfers, and funding under the National Health Reform Agreement. This growth incorporates governance for non-government affiliates, executive employment rules, and fee recovery mechanisms far beyond the initial hospital-centric intent of the predecessor Public Hospitals Act 1929."},"complexity_factors":["Extensive dictionary of defined terms with cross-references to the Interpretation Act 1987 and other laws","Multi-chapter structure covering distinct entities (local health districts in Ch 3, statutory corporations in Ch 4, affiliated organisations in Ch 5, ambulance in Ch 5A) with overlapping functions and governance models","Nested conditional logic, exceptions, and procedures (e.g. for board appointments, staff disclosures of offences, by-law making, performance agreements, and transfers under Sch 4)","Frequent amendments noted (e.g. s 4 amended multiple times; cross-references to National Health Reform Agreement, Health Insurance Act 1973 (Cth), and Government Sector Finance Act 2018)","Detailed enforcement, appeal, and transitional mechanisms (Parts on visiting practitioners, staff discipline, fee recovery, and savings in Sch 7)"],"plain_english_summary":"**The Health Services Act 1997** organises and governs the public health system in New South Wales. It creates **local health districts** (area-based bodies that run public hospitals and community health services for local residents), **statutory health corporations** (state-wide or specialist organisations that provide specific services like ambulance or research), and recognises certain non-government (often charitable or religious) groups as **affiliated health organisations** if they deliver significant public health services. The Act spells out what each must do (such as provide care, plan services, maintain standards, and consult communities), how they are governed and funded by the government, rules for visiting doctors in public hospitals, staff employment and discipline (including checks for serious criminal offences), ambulance services and fees, and processes for inquiries, transfers of resources, and appeals. It also reaffirms principles from the national Medicare system to ensure public hospital care is free for eligible people based on need, not ability to pay. This matters because it creates a structured, accountable framework to deliver coordinated, high-quality public healthcare, protect patients, manage public money efficiently, and adapt to national health agreements—without it, services could be fragmented, standards uneven, and public funds poorly used."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded significantly from its original 1997 form. What began as legislation primarily restructuring area health services has evolved into a comprehensive framework covering local health districts, specialty health networks, intergovernmental health funding agreements, and broader workforce and governance matters. The repeated whole-of-Act renaming amendments reflect genuine structural transformations — the system has been fundamentally reorganised multiple times, with each reorganisation embedded into this same Act rather than creating new legislation."},"complexity_factors":["Extremely long legislative history spanning nearly 30 years with over 100 distinct amendment points","Multiple whole-of-Act structural renames reflecting major system reorganisations (area health services → local health networks → local health districts)","Covers a vast and technically complex subject matter: governance, finance, employment, clinical services, and intergovernmental relations","Interacts with numerous other pieces of legislation including Commonwealth health funding agreements","Three separate Ministers hold responsibility, indicating overlapping and divided governance","Complex organisational hierarchy involving multiple entity types (Local Health Districts, Specialty Health Networks, Pillars, etc.)","Provisions spanning multiple schedules with carve-outs and exceptions creating layers of interpretation","Frequent amendments mean the current version may differ significantly from earlier versions, creating traps for those relying on out-of-date knowledge"],"plain_english_summary":"## Health Services Act 1997 (NSW)\n\n**What is this law?**\n\nThis is the main law that governs how public health services are structured and run in New South Wales. Think of it as the rulebook for the NSW public hospital and health system — it sets up the organisations that deliver your healthcare, defines who's in charge of them, and establishes how they're managed and funded.\n\n**Who does it affect?**\n\nPractically every NSW resident — if you've ever been to a public hospital, used a community health centre, or accessed mental health services in NSW, this law governs the organisations that provided that care. It also directly affects:\n- **Healthcare workers** employed in the public system\n- **Health administrators and executives** running hospitals and health districts\n- **Boards** (the groups of people overseeing each health district)\n- **The Minister for Health** and government officials who oversee the system\n\n**How is the health system structured under this law?**\n\nNSW's public health system is divided into **Local Health Districts** (geographic regions, like Sydney Local Health District or Hunter New England) and **Specialty Health Networks** (organisations focused on specific services, like the Children's Hospital Network). Each has a **Board** that oversees its operations, and a **Chief Executive** who runs the day-to-day show.\n\n**Why does it matter?**\n\nThis law is the foundation of public healthcare delivery in NSW. It determines:\n- Which organisations exist and what powers they have\n- How public hospitals are funded and accounted for\n- How health workers are employed and managed\n- The relationship between local health bodies and the central NSW Health department\n- Patients' rights and complaints processes within the system\n\n**The law has changed a LOT since 1997**\n\nThis Act has been amended over **100 times** since it was first passed. Major structural overhauls include:\n- Renaming \"Area Health Services\" to \"Local Health Networks\" (2010)\n- Renaming \"Local Health Networks\" to \"Local Health Districts\" (2011)\n- Renaming the \"Director-General\" to \"Health Secretary\" (2014)\n\nThese aren't just name changes — they reflect real reorganisations of how the health system works.\n\n**Bottom line:** This is the backbone legislation for NSW public health. Most people interact with it indirectly every time they use a public hospital or health service in NSW."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been amended to reconstitute area health services into local health districts/local health networks and to provide transitional arrangements for transfers, reconstitution of specific networks (e.g. SCHN), and continued application of existing by‑laws during transition (Part 5, cl 77; ss 78–81). These amendments change the bodies covered and include detailed transitional rules for assets, liabilities and references to prior entities, expanding and altering the original institutional scope."},"complexity_factors":["Large institutional redesign: creation of multiple entity types (local health districts, statutory health corporations, affiliated organisations) with overlapping roles (ss 6–15, 17)","Extensive delegation and central direction powers vested in Health Secretary and Minister, including dissolution, transfers and removal of boards (ss 19–21, 29, 32, 122, 131)","Multiple cross‑linked regimes: fee‑setting/recovery (incl. ambulance fees) interacting with State Debt Recovery Act, Medicare Principles, and performance agreements (ss 67Q–67U, 68–71, 126, 126AA)","Complex employment rules for senior executives that carve out industrial law and create bespoke contract/regulation interactions (ss 121E–121J, 121H)","Detailed procedural rules for visiting practitioner contracts and arbitration that can alter private contracting dynamics (ss 76–99)","Inspection/inquiry powers with evidentiary protections and confidentiality carve‑outs (ss 123–125, 126AA)","Funding mechanics with conditionality, loans and delegation options affecting financial flows and potential repayment obligations (ss 127–129, 127B, 128)","Transitional provisions and power to transfer assets/liabilities requiring savings/transitional regulations, adding administrative complexity (Part 5, Schedule 4, cl 77, s 131)","Multiple administrative instruments (orders, by‑laws, model by‑laws, performance agreements) and discretion to make/amend them (s 39, ss 126, 127)"],"plain_english_summary":"# What this law does, in plain English\n\n- Mechanically, the Act reorganises how the public health system in the State is structured and run. It: creates local health districts and statutory health corporations and recognises certain affiliated (non‑government) health organisations as part of the public health system (ss 4, 6–13, 17, 61–62); sets out their core functions (ss 9–15, 12, 14); establishes local boards and chief executives and describes their powers and decision processes (ss 23–29, 26–28, Sch 6 clauses); gives the Health Secretary and the Minister powers to direct roles, give performance agreements and transfer functions or assets between organisations (ss 32, 122, 126, 131); and provides detailed rules about visiting medical officers and other visiting practitioners, including contract types and an arbitration process for contract terms (ss 76–99).\n\n- The Act also creates a statutory framework for charging and recovering fees for non‑Medicare services and ambulance fees: Ministers may set fee scales (s 69); public health organisations may invoice patients and recover unpaid amounts as debts (ss 70, 67Q–67U); and the Health Secretary has a review process and limited discretion to change payment arrangements, suspend recovery while reviews proceed, and refer debts to the State Debt Recovery machinery (ss 67Q, 67R–67T, 67ZA–67ZE, 67W).\n\n- The Act governs senior executive employment in the NSW Health Service: senior executives must have written contracts with specified content (s 121E), may receive remuneration within specified bands subject to Health Secretary discretion (s 121G), and their employment is taken outside the State industrial law scheme (s 121J). The Health Secretary and employers have broad termination powers for senior executives (s 121H).\n\n- The Act gives the Health Secretary investigatory and inspection powers (ss 123–125), creates protections and limits around inquiries and disclosure of inquiry documents (s 126AA), and allows the Health Secretary to provide system support services, contract with third parties and require public health organisations to acquire specified services (ss 126B, 126G).\n\n- The law sets out funding mechanics: how subsidies and loans from the Consolidated Fund are determined, conditions that may attach to payments, and powers to require repayment or to delegate subsidy decisions to local health districts for affiliated organisations (ss 127–129, 127B, 128, 129, Schedule 6A references to NHRA in s 127(2A)). Transitional and transfer provisions are provided for reorganisations of area health services into local health networks and related assets/liabilities (Part 5, cl 77, ss 78–81, 131).\n\nWho this affects\n\n- Public bodies that run public hospitals and health services: local health districts, statutory health corporations and recognised affiliated health organisations (ss 6–15, 17, 61–63).\n- Board members, chief executives and NSW Health senior executives (ss 23–29, 121E–121K, Sch 6 clauses on board procedure and vacancies).\n- Visiting medical officers and other visiting practitioners who provide services under service contracts or honorary arrangements (ss 76–86, 87–99).\n- Patients who receive non‑Medicare services or ambulance services and may be charged fees (ss 68–71, 67Q–67U, 69–70).\n- The Health Secretary and Minister, who gain operational, oversight and direction powers across the public health system (ss 32, 122, 126, 127, 131).\n\nWhy it matters (official aims, and the practical trade‑offs)\n\n- Official aims: the Act’s objects list describes creating local structures to run public hospitals and services, recognising partner organisations, reaffirming Medicare principles while enabling fees for non‑Medicare services, regulating visiting practitioner contracts, facilitating staff transfers, requiring disclosure of certain convictions, and providing funding and inquiry mechanisms (s 4). The Act therefore claims to organise governance, funding and accountabilities for the public health system.\n\n- Practical trade‑offs and implementation mechanics to note (source‑grounded):\n  - Who pays: patients remain liable for non‑Medicare fees where a fee scale is fixed (s 69) and may be pursued as a debt (s 70). Ambulance fees are recoverable under a specialised debt notice/review regime administered by the Health Secretary, with referral to the State Debt Recovery authority possible (ss 67Q–67U, 67W). Public health organisations can remit or write off fees but procedural rules apply (ss 70(4), 67ZE).\n  - Incentives and private choice: service contracts for visiting practitioners are regulated—standard condition sets can be approved by the Minister on the Association’s recommendation, and arbitration can fix terms for fee‑for‑service or sessional contracts (ss 87–96). That constrains private contract terms by substituting a statutory process to determine terms and remuneration (ss 89–96, 98). Practitioners may elect to contract via practice companies subject to insurance conditions (s 85).\n  - Compliance and reporting burdens: public health organisations must, as far as practicable, comply with performance agreements, deliver data for NHRA reporting and file annual results with the Health Secretary (ss 126(2)–(5), 126B(3)). They are subject to inspections and must produce records and assistance when authorised officers enter (ss 124–125). These impose operational and record‑keeping obligations.\n  - Bureaucratic discretion and central control: the Health Secretary and Minister have wide discretionary powers—giving directions about hospital roles (s 32), attaching conditions to subsidies and loans (ss 127, 127B), requiring organisations to acquire services from specified providers (s 126G), and removing or replacing local boards (s 29). Such powers centralise decision authority and allow the State to reallocate resources or governance (ss 19–21, 20, 29, 131).\n  - Employment law effects and management flexibility: senior executive employment sits outside the usual industrial law protections (s 121J). Contracts must be written and can include termination compensation set by contract; employers (with Health Secretary concurrence) may terminate without reason subject to contract entitlements (s 121E, s 121H). This increases managerial flexibility but reduces availability of industrial remedies under the Industrial Relations Act (s 121J).\n  - Funding and conditionality: subsidy and loan determinations can be subject to conditions and repayment agreements (ss 127–128, 127B). If conditions are breached, the Health Secretary may recommend actions to the Minister (s 127(5)). Local health districts can be delegated subsidy determinations for affiliated organisations (s 129), but Ministerial consent constraints apply for directing affiliated organisations to acquire services (s 126H(2)).\n  - Debt recovery and review mechanisms: ambulance fee recovery has a defined statutory process — debt notices with minimum timeframes (at least 21 days; ss 67Q, 67S), internal review rights and time limits (ss 67R, 67ZA–67ZC), suspension of recovery pending timely review (s 67ZA), and specific information exchange requirements when debts are referred to the State Debt Recovery commissioner (s 67W). The Health Secretary may not continue to alter payment arrangements once referred to the Chief Commissioner (s 67T(5)). These rules create procedural protections and deadlines but also formalise referral paths to state debt recovery.\n  - Risk of concentrated decisions and potential opportunity costs: the Minister can dissolve or amalgamate local health districts and appoint administrators (ss 20, 29). These actions can change governance arrangements quickly and have transition costs (Schedule 4 savings/transitional provisions; Part 5 transitional clauses). The Act provides for transfers of hospitals, assets and liabilities between statutory bodies (s 131), which can reallocate resources but requires administrative action and may involve re‑contracting or re‑labelling services.\n\nConcrete points of discretion or constraint to watch (section pointers)\n\n- Ministerial powers to change district boundaries, dissolve or amalgamate districts, and remove boards (ss 19–21, 29).\n- Health Secretary’s powers to direct roles of hospitals/services and to enter performance agreements and conduct inquiries (ss 32, 122, 126, 126AA).\n- Fee setting and recovery regime, including ambulance fee processes and interaction with the State Debt Recovery Act (ss 69–70; 67Q–67U; 67W; 67ZA–67ZC).\n- Visiting practitioner contract regime and arbitration process that can impose terms on contracts (ss 76–86; 87–99; 98).\n- Senior executive employment rules and exclusion from industrial law remedies (ss 121E–121J, 121H).\n- Funding conditionality, loans and repayment agreements, including potential delegation to districts (ss 127–129, 127B, 128, 129).\n\nBottom line (mechanical effect): the Act establishes the legal architecture for how public hospitals and related services are governed, funded, inspected and operated in the State, including central supervisory powers for the Health Secretary and Minister, fixed procedures for practitioner contracts and fee recovery, and special employment rules for senior executives. It therefore sets the operating rules, reporting obligations and enforcement tools that public health organisations, practitioners and patients must follow. (See the cited sections above for each mechanism.)"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/health-services-act-1997","history":"/api/acts/health-services-act-1997/history","analysis":"/api/acts/health-services-act-1997/analysis","conflicts":"/api/acts/health-services-act-1997/conflicts","importantCases":"/api/acts/health-services-act-1997/important-cases","documents":"/api/acts/health-services-act-1997/documents"}}