{"id":"nsw:sl-2023-0594","name":"Health Services (St Joseph’s Hospital) Order 2023","slug":"health-services-st-joseph-s-hospital-order-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"594 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176016,"registerId":"nsw-nsw:sl-2023-0594-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of order","content":"#### 1 Name of order\n\n1 Name of order\n\n> This order is the [Health Services (St Joseph’s Hospital) Order 2023](/view/html/inforce/current/sl-2023-0594).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This order commences on 8 November 2023.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this order—\n> \n> the Act means the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> \n> transfer date means 8 November 2023.\n> \n> transfer deed means the agreement entered into by St Vincent’s Hospital Sydney Limited and Western Sydney Local Health District to set out—\n> \n> > (a) St Vincent’s Hospital Sydney Limited’s consent to transfer St Joseph’s Hospital (Auburn) and certain assets, rights and liabilities to Western Sydney Local Health District under the Act, section 64(1)(a), and\n> \n> > (b) the process and other relevant matters for the transfer.\n> \n> transferring employee means a person whose employment is transferred under section 7 on the transfer date.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this order.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transfer of St Joseph’s Hospital (Auburn)—the Act, s 64(1)","content":"# Part 2 Transfer of St Joseph’s Hospital (Auburn)—the Act, s 64(1)\n\nPart 2 Transfer of St Joseph’s Hospital (Auburn)—the Act, s 64(1)","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Transfer of St Joseph’s Hospital (Auburn) to Western Sydney Local Health District","content":"#### 4 Transfer of St Joseph’s Hospital (Auburn) to Western Sydney Local Health District\n\n4 Transfer of St Joseph’s Hospital (Auburn) to Western Sydney Local Health District\n\n> > (1) For the Act, section 64(1)(a), St Joseph’s Hospital (Auburn) is transferred to Western Sydney Local Health District on the transfer date.\n> \n> > (2) This section applies only to the employees and assets, rights and liabilities referred to in Part 3.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Consequential amendment of Health Services Act 1997 No 154","content":"#### 5 Consequential amendment of Health Services Act 1997 No 154\n\n5 Consequential amendment of [Health Services Act 1997 No 154](/view/html/inforce/current/act-1997-154)\n\n> > Schedule 3 Affiliated health organisations Omit “St Joseph’s Hospital (Auburn).” from the matter relating to St Vincent’s Hospital Sydney Limited.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transfer of assets, rights and liabilities—the Act, s 64(1)","content":"# Part 3 Transfer of assets, rights and liabilities—the Act, s 64(1)\n\nPart 3 Transfer of assets, rights and liabilities—the Act, s 64(1)\n\nNote—\n\nThe Act, Schedule 4, clause 5(1) provides that on and from the date specified in an order under the Act, section 64(1)(a) transferring a public hospital or health institution of an affiliated health organisation that is a recognised establishment of the organisation to a local health district, the Act, Schedule 4, Part 2 has effect to the extent of the transfer.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Transfer of trusts","content":"#### 6 Transfer of trusts\n\n6 Transfer of trusts\n\n> St Vincent’s Hospital Sydney Limited’s interest as trustee on the transfer date for the following trusts, as identified in the transfer deed, is transferred to Western Sydney Local Health District on the transfer date—\n> \n> > (a) the Kamberra bequest trust fund,\n> \n> > (b) the motor neurone disease trust fund.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Transfer of employees and funds for accrued employee entitlements","content":"#### 7 Transfer of employees and funds for accrued employee entitlements\n\n7 Transfer of employees and funds for accrued employee entitlements\n\n> > (1) The relevant employees immediately before the transfer date are transferred with their accrued employee entitlements to the Western Sydney Local Health District division of the NSW Health Service on the transfer date.\n> \n> > (2) From the transfer date, Western Sydney Local Health District is solely responsible for the accrued employee entitlements transferred in subsection (1).\n> \n> > (3) On the date specified in the transfer deed, St Vincent’s Hospital Sydney Limited must pay Western Sydney Local Health District the amount determined in accordance with the transfer deed as representing the accrued entitlements and liabilities associated with the relevant employees.\n> \n> > (4) In this section—\n> > \n> > relevant employees means employees—\n> > \n> > > (a) employed by St Vincent’s Hospital Sydney Limited exclusively in relation to St Joseph’s Hospital (Auburn), and\n> > \n> > > (b) identified in the transfer deed as transferring employees.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Transfer of equipment and intellectual property","content":"#### 8 Transfer of equipment and intellectual property\n\n8 Transfer of equipment and intellectual property\n\n> > (1) The following are transferred to Western Sydney Local Health District on the transfer date—\n> > \n> > > (a) all relevant equipment,\n> > \n> > > (b) intellectual property in relation to relevant documents.\n> \n> > (2) On the transfer date, Western Sydney Local Health District must pay St Vincent’s Hospital Sydney Limited the amount specified in the transfer deed as compensation for the transfer of relevant equipment.\n> \n> > (3) In this section—\n> > \n> > relevant documents means the documents containing copyright material that are identified in the transfer deed as transferring to Western Sydney Local Health District.\n> > \n> > relevant equipment means the equipment identified in the transfer deed as transferring to Western Sydney Local Health District.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Transfer of records","content":"#### 9 Transfer of records\n\n9 Transfer of records\n\n> > (1) The following documents relating exclusively to St Joseph’s Hospital (Auburn) are transferred to Western Sydney Local Health District on the transfer date—\n> > \n> > > (a) relevant patient records,\n> > \n> > > (b) the records and files of the transferring employees held by St Vincent’s Hospital Sydney Limited that are required to be—\n> > > \n> > > > (i) held under applicable NSW Health Service terms and conditions, and\n> > > \n> > > > (ii) maintained by St Vincent’s Hospital Sydney Limited under the enterprise agreement applying to the transferring employees immediately before the transfer date,\n> > \n> > > (c) other documents necessary for the continuity of services as agreed between St Vincent’s Hospital Sydney Limited and Western Sydney Local Health District.\n> \n> > (2) All other documents relating to St Joseph’s Hospital (Auburn) remain the property of St Vincent’s Hospital Sydney Limited.\n> \n> > (3) In this section—\n> > \n> > relevant patient records means records for the classes of patients referred to in the transfer deed.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Exclusions from transfer","content":"#### 10 Exclusions from transfer\n\n10 Exclusions from transfer\n\n> > (1) No interests in, or liabilities in relation to, real property or fixtures are transferred to Western Sydney Local Health District.\n> \n> > (2) Except as provided by this order, the following are not transferred to Western Sydney Local Health District—\n> > \n> > > (a) assets or rights,\n> > \n> > > (b) liabilities relating to St Joseph’s Hospital (Auburn) incurred in, or that relate to, the period before the transfer date.","sortOrder":12}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The order moves operational control of St Joseph’s Hospital (Auburn) from a private affiliated organisation to a public local health district (s4), transfers trustee interests (s6) and specified assets, employees and records (ss7–9), and removes the hospital from the Act’s list of affiliated health organisations (s5). It excludes real property and pre-transfer liabilities (s10)."},"complexity_factors":["Multiple classes of matter transferred (employees, trustee interests, equipment, intellectual property, patient and employee records) requiring distinct treatment (ss6–9).","Key operational detail and valuations are delegated to the transfer deed, making the order partly contingent on contract terms rather than fixed statutory rules (definition of transfer deed; ss7(3), 8(2)).","Cross-references to the Health Services Act 1997 and its schedules create interpretive dependencies (note after Part 3; s4).","Payment obligations run in both directions: St Vincent’s must pay transferred accrued entitlements (s7(3)); Western Sydney LHD must pay compensation for equipment (s8(2)).","Privacy and continuity obligations for patient and employee records require procedural compliance and identification of classes of records in the transfer deed (s9(1)).","Clear statutory exclusions (real property and pre-transfer liabilities) limit scope but require administrative separation and potential liability allocation work (s10)."],"plain_english_summary":"This order transfers St Joseph’s Hospital (Auburn) from St Vincent’s Hospital Sydney Limited to Western Sydney Local Health District on 8 November 2023. It transfers specified employees, trustee interests, equipment, records and related rights and liabilities as set out in a transfer deed; Western Sydney LHD pays for equipment (s8) and St Vincent’s pays for accrued employee entitlements (s7). Real property and pre‑transfer liabilities are excluded (s10)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, this order appears to remain focused on its original administrative purpose relating to St Joseph's Hospital specifically. There is no evidence of scope expansion or deviation from its original intent. The automatic repeal date of 2028 is consistent with standard subordinate legislation review cycles under the Subordinate Legislation Act 1989."},"complexity_factors":["Very narrow, single-institution scope limits interpretive complexity","Subordinate legislation (an order under a parent Act) rather than primary legislation, meaning its operative effect depends on the parent Act's framework","Full operative provisions were not available for review, creating some analytical uncertainty","Staged automatic repeal mechanism adds a minor time-limited dimension to consider","Standard NSW health services administrative order format — well-established legal template"],"plain_english_summary":"This NSW administrative order formalises arrangements for St Joseph’s Hospital within the state health system, affecting the hospital’s staff, management and patients and how it is administered by NSW Health.  \n\nIt commenced 3 November 2023 and, as a narrow, hospital‑specific instrument, is scheduled for automatic repeal on 1 September 2028."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: facilitating the transfer of a specific hospital (St Joseph's Auburn) from an affiliated health organisation to a local health district. It does not expand beyond this transactional purpose into broader health policy, governance structures, or ongoing regulatory schemes."},"complexity_factors":["Short, single-purpose instrument (10 sections across 3 Parts)","Only 5 defined terms in the interpretation section (the Act, transfer date, transfer deed, transferring employee, relevant employees)","Heavy reliance on external documents — the 'transfer deed' between the parties contains most of the operational detail, meaning the order itself defers to a private agreement not reproduced in the legislation","Simple conditional logic limited to exclusion clauses (section 10) and employee identification criteria (section 7)","Minimal cross-referencing — primarily references to section 64(1)(a) of the Health Services Act 1997 and Schedule 4 provisions","No nested exceptions or complex temporal provisions beyond the single transfer date"],"plain_english_summary":"This order transfers **St Joseph's Hospital in Auburn** from a private Catholic hospital operator (St Vincent's Hospital Sydney Limited) to the **Western Sydney Local Health District** — a public health service run by the NSW Government.\n\n**What it does:**\n- **Transfers the hospital itself** (as a going concern) to public ownership on 8 November 2023\n- **Moves staff across**: Employees who worked exclusively at St Joseph's Auburn become NSW Health Service employees, keeping their accrued entitlements (annual leave, long service leave, etc.)\n- **Transfers specific assets**: Medical equipment, patient records, staff files, intellectual property (documents with copyright), and two charitable trust funds (the Kamberra bequest and motor neurone disease trust)\n- **Updates the law**: Removes St Joseph's Auburn from the list of hospitals affiliated with St Vincent's in the main Health Services Act\n\n**What's NOT transferred:**\n- The land and buildings (real property) stay with St Vincent's\n- Most debts or liabilities from before the transfer date\n- Any assets not specifically listed in the transfer agreement\n\n**Why it matters:**\nThis is essentially the legal paperwork that converts a privately-run hospital into a public one. It protects workers by ensuring they keep their job conditions and entitlements, protects patients by ensuring their medical records follow them, and ensures continuity of healthcare services for the Auburn community under public management."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/health-services-st-joseph-s-hospital-order-2023","history":"/api/acts/health-services-st-joseph-s-hospital-order-2023/history","analysis":"/api/acts/health-services-st-joseph-s-hospital-order-2023/analysis","conflicts":"/api/acts/health-services-st-joseph-s-hospital-order-2023/conflicts","importantCases":"/api/acts/health-services-st-joseph-s-hospital-order-2023/important-cases","documents":"/api/acts/health-services-st-joseph-s-hospital-order-2023/documents"}}