{"id":"nsw:sl-2010-0727","name":"Health Services (Transfer of Assets, Rights and Liabilities) Order 2010","slug":"health-services-transfer-of-assets-rights-and-liabilities-order-2010","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"727 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178212,"registerId":"nsw-nsw:sl-2010-0727-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 (Transfer of Assets, Rights and Liabilities) Order 2010](/view/html/inforce/current/sl-2010-0727).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on the day on which it is published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Order:\n> > \n> > agreement includes a contract, deed, licence agreement, memorandum of understanding, heads of agreement, funding agreement, clinical trial agreement or research agreement.\n> > \n> > applicable health reform transitional organisation means:\n> > \n> > > (a) for the Sydney West Area Health Service, the Sydney South West Area Health Service or the Greater Western Area Health Service—the Health Reform Transitional Organisation Western, or\n> > \n> > > (b) for the Northern Sydney and Central Coast Area Health Service, the North Coast Area Health Service or the Hunter and New England Area Health Service—the Health Reform Transitional Organisation Northern, or\n> > \n> > > (c) for the South Eastern Sydney Illawarra Area Health Service or the Greater Southern Area Health Service—the Health Reform Transitional Organisation Southern.\n> > \n> > existing area health service has the same meaning it has in Part 7 of Schedule 7 to the Act.\n> > \n> > health facility means a public hospital or health institution.\n> > \n> > proposed local health network has the same meaning it has in clause 77 of Schedule 7 to the Act.\n> > \n> > proposed local health networks geographical area means the area of a proposed local health network as listed in Columns 2 and 3 of Schedule 1 to the Act on 1 January 2011.\n> > \n> > statutory authorisation includes a statutory approval, licence, permit, consent, certificate or authorisation.\n> > \n> > the Act means the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> \n> > (2) Notes included in this Order do not form part of this Order.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Order does not apply to data centres","content":"#### 4 Order does not apply to data centres\n\n4 Order does not apply to data centres\n\n> > (1) This Order does not apply to any of the following that relate exclusively to a data centre:\n> > \n> > > (a) any interest of an existing area health service in land or other property (including any lease or licence, between the existing area health service and any other person or body, to which that land or property may be subject),\n> > \n> > > (b) any agreement to which an existing area health service is a party immediately before 1 January 2011,\n> > \n> > > (c) any statutory authorisation that is held by, or applies to, an existing area health service immediately before 1 January 2011,\n> > \n> > > (d) any asset, right or liability of an existing area health service that is not otherwise referred to in this clause.\n> \n> > (2) In this clause:\n> > \n> > data centre means the information technology and associated equipment, used exclusively to provide networked information technology services to support the public health system and public health organisations and the public hospitals they control, that is located in a dedicated building or part of a building at Liverpool Hospital, Prince of Wales Hospital, Royal North Shore Hospital or Wollongong Hospital.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transfers of certain services","content":"# Part 2 Transfers of certain services\n\nPart 2 Transfers of certain services","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Forensic medicine and analytical services","content":"#### 5 Forensic medicine and analytical services\n\n5 Forensic medicine and analytical services\n\n> > (1) All interests of an existing area health service in land or other property that relate exclusively to a forensic medicine or analytical service are transferred on 1 January 2011 to the Health Reform Transitional Organisation Western.\n> \n> > (2) If, at the time property is transferred under this clause, the property is subject to a lease or licence between the existing area health service and any other person or body, the lease or licence is, on the transfer, taken to be between the Health Reform Transitional Organisation Western and that other person or body on the same terms.\n> \n> > (3) On the transfer under this clause of an interest in land or other property that relates exclusively to a forensic medicine or analytical service, the following are also transferred if they relate exclusively to the service:\n> > \n> > > (a) any agreement to which an existing area health service is a party immediately before 1 January 2011 is transferred on the same terms so that the Health Reform Transitional Organisation Western becomes a party to the agreement instead of the existing area health service,\n> > \n> > > (b) any statutory authorisation that is held by, or applies to, an existing area health service immediately before 1 January 2011 is transferred so that it is held by, or applies to, the Health Reform Transitional Organisation Western,\n> > \n> > > (c) any asset, right or liability of an existing area health service that is not otherwise transferred under this clause is transferred to the Health Reform Transitional Organisation Western.\n> \n> > (4) In this clause:\n> > \n> > forensic medicine or analytical service means the following:\n> > \n> > > (a) the Newcastle Department of Forensic Medicine (being a unit of Hunter and New England Area Health Service),\n> > \n> > > (b) the Division of Analytical Laboratories (being a unit of Sydney West Area Health Service),\n> > \n> > > (c) the Glebe Department of Forensic Medicine (being a unit of Sydney South West Area Health Service).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Information technology services and pathology cluster services","content":"#### 6 Information technology services and pathology cluster services\n\n6 Information technology services and pathology cluster services\n\n> > (1) All interests of an existing area health service in land or other property that relate exclusively to information technology services or pathology cluster services are transferred on 1 January 2011 to the applicable health reform transitional organisation for the area health service.\n> \n> > (2) If, at the time property is transferred under this clause, the property is subject to a lease or licence between the existing area health service and any other person or body, the lease or licence is, on the transfer, taken to be between the applicable health reform transitional organisation and that other person or body on the same terms.\n> \n> > (3) On the transfer to a health reform transitional organisation under this clause of an interest in land or other property that relates exclusively to information technology services or pathology cluster services, the following are also transferred if they relate exclusively to those services:\n> > \n> > > (a) any agreement to which an existing area health service is a party immediately before 1 January 2011 is transferred on the same terms so that the health reform transitional organisation becomes a party to the agreement instead of the existing area health service,\n> > \n> > > (b) any statutory authorisation that is held by, or applies to, an existing area health service immediately before 1 January 2011 is transferred so that it is held by, or applies to, the health reform transitional organisation,\n> > \n> > > (c) any asset, right or liability of an existing area health service that is not otherwise transferred under this clause is transferred to the health reform transitional organisation.\n> \n> > (4) In this clause:\n> > \n> > information technology services means all information technology and associated equipment other than the following:\n> > \n> > > (a) personal computers (including laptops) and printers,\n> > \n> > > (b) equipment used for the management and control of medical imaging,\n> > \n> > > (c) laboratory and analytical instruments,\n> > \n> > > (d) medical monitoring equipment.\n> > \n> > pathology cluster service means the following services:\n> > \n> > > (a) South Eastern Sydney Illawarra Cluster also known as South Eastern Area Laboratory Services (incorporating the former business unit known as Illawarra Area Health Pathology Service or IPath),\n> > \n> > > (b) Sydney South West Cluster also known as Sydney South West Pathology Service (incorporating the former business units known as Central Sydney Laboratory Service and South Western Area Pathology Service),\n> > \n> > > (c) Western Pathology Cluster also known as Pathology West (incorporating the former business units known as Central West Pathology Services, Far West Pathology Service, the Institute of Clinical Pathology and Medical Research, Nepean Blue Mountains and Lithgow Pathology Service, South Eastern Public Pathology Service, South West Pathology Services, Orana Pathology Service, Dubbo Base Hospital Pathology and Mudgee District Hospital Pathology),\n> > \n> > > (d) Pathology North (incorporating the former business units known as Hunter Area Pathology Services, Mid-North Coast Pathology Service, Northern Rivers Pathology Service, Pacific Laboratory Medicine Services and Pathology New England).","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transfer of other assets, rights and liabilities","content":"# Part 3 Transfer of other assets, rights and liabilities\n\nPart 3 Transfer of other assets, rights and liabilities","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Part does not apply to matters to which Part 2 applies","content":"#### 7 Part does not apply to matters to which Part 2 applies\n\n7 Part does not apply to matters to which Part 2 applies\n\n> This Part does not apply to any asset, right or liability that is transferred under Part 2.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Interests in physical property other than motor vehicles","content":"#### 8 Interests in physical property other than motor vehicles\n\n8 Interests in physical property other than motor vehicles\n\n> > (1) All interests of an existing area health service in land or other property (other than a motor vehicle) that is physically located in a proposed local health networks geographical area immediately before 1 January 2011 are transferred on that day to the proposed local health network.\n> \n> > (2) If, at the time of the transfer, the property is subject to a lease or licence between the existing area health service and any other person or body, the lease or licence is, on the transfer, taken to be between the proposed local health network and that other person or body on the same terms.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Interests in motor vehicles","content":"#### 9 Interests in motor vehicles\n\n9 Interests in motor vehicles\n\n> > (1) All interests of an existing area health service in a motor vehicle (other than a motor vehicle used exclusively for the purpose of non-emergency patient transport or ambulance services) are transferred to a proposed local health network on 1 January 2011 if:\n> > \n> > > (a) immediately before that day the motor vehicle is used exclusively for the purposes of the operation of one or more health facilities controlled by the existing area health service, and\n> > \n> > > (b) on that day each of those health facilities is controlled by the proposed local health network.\n> \n> > (2) All interests of an existing area health service in a motor vehicle (other than a motor vehicle referred to in subclause (1)) are transferred to the applicable health reform transitional organisation for the area health service on 1 January 2011.\n> \n> > (3) If, at the time of the transfer, a motor vehicle is subject to a lease or licence between the existing area health service and any other person or body, on the transfer under this clause the lease or licence is taken to be between the proposed local health network or the applicable health reform transitional organisation and that other person or body on the same terms.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Leases and licences held by area health services","content":"#### 10 Leases and licences held by area health services\n\n10 Leases and licences held by area health services\n\n> All interests of an existing area health service as lessee or licensee of land or other real property located in a proposed local health networks geographical area immediately before 1 January 2011 is transferred to the proposed local health network on that day and the proposed local health network is taken to be the lessee or licensee under the lease or licence on the same terms.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Service contracts","content":"#### 11 Service contracts\n\n11 Service contracts\n\n> > (1) This clause applies to a service contract between an existing area health service and a visiting medical officer, a visiting medical officer’s practice company or an honorary medical officer that relates to the provision of services or exercise of clinical privileges at a health facility controlled, immediately before 1 January 2011, by the existing area health service.\n> \n> > (2) The rights, obligations and other liabilities under a service contract to which this clause applies, that is in force immediately before 1 January 2011, are on that day:\n> > \n> > > (a) transferred to the proposed local health network that on that day controls the health facilities to which the contract relates, or\n> > \n> > > (b) if the contract relates to health facilities that are controlled on that day by different proposed local health networks, transferred to each of those proposed local health networks only to the extent that the contract relates to the health facilities controlled by the network.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Visiting practitioner appointments","content":"#### 12 Visiting practitioner appointments\n\n12 Visiting practitioner appointments\n\n> > (1) This clause applies to the appointment by an existing area health service of a visiting practitioner under Chapter 8 of the Act that relates to the provision of services or exercise of clinical privileges at a health facility controlled, immediately before 1 January 2011, by the existing area health service.\n> \n> > (2) The rights, obligations and other liabilities under an appointment to which this clause applies that is in force immediately before 1 January 2011, are on that day:\n> > \n> > > (a) transferred to the proposed local health network that on that day controls the health facilities to which the appointment relates, or\n> > \n> > > (b) if the appointment relates to health facilities controlled on that day by different local health networks, transferred to each of those proposed local health networks only to the extent that the appointment relates to the health facilities controlled by the network.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Other agreements","content":"#### 13 Other agreements\n\n13 Other agreements\n\n> > (1) This clause applies to an agreement to which an existing area health service is a party immediately before 1 January 2011 (other than an agreement that is transferred by another provision of this Part).\n> \n> > (2) An agreement to which this clause applies is, on 1 January 2011, transferred on the same terms so that a proposed local health network becomes a party to the agreement instead of the existing area health service if:\n> > \n> > > (a) the agreement relates exclusively to one or more health facilities that are controlled, immediately before that day, by the existing area health service, and\n> > \n> > > (b) on that day each of those health facilities is controlled by the proposed local health network.\n> \n> > (3) Any agreement to which this clause applies (other than an agreement referred to in subclause (2)) is, on 1 January 2011, transferred on the same terms so that the applicable health reform transitional organisation for the area health service becomes a party to the agreement instead of the existing area health service.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Statutory authorisations","content":"#### 14 Statutory authorisations\n\n14 Statutory authorisations\n\n> > (1) This clause applies to a statutory authorisation that is held by, or applies to, an existing area health service immediately before 1 January 2011.\n> \n> > (2) A statutory authorisation to which this clause applies is, on 1 January 2011, transferred so that it is held by, or applies to, a proposed local health network if:\n> > \n> > > (a) the statutory authorisation relates exclusively to one or more health facilities that are controlled, immediately before that day, by the existing area health service, and\n> > \n> > > (b) on that day each of those health facilities is controlled by the proposed local health network.\n> \n> > (3) Any statutory authorisation to which this clause applies (other than a statutory authorisation referred to in subclause (2)) is, on 1 January 2011, transferred so that it is held by, or applies to, the applicable health reform transitional organisation.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Other assets, rights and liabilities","content":"#### 15 Other assets, rights and liabilities\n\n15 Other assets, rights and liabilities\n\n> > (1) This clause applies to any asset, right or liability of an existing area health service immediately before 1 January 2011 that is not otherwise transferred under this Part.\n> \n> > (2) An asset, right or liability to which this clause applies is, on 1 January 2011, transferred to a proposed local health network if:\n> > \n> > > (a) the asset, right or liability relates exclusively to one or more health facilities, and\n> > \n> > > (b) on that day each of those health facilities is controlled by the proposed local health network.\n> \n> > (3) Any asset, right or liability of an existing area health service to which this clause applies (other than an asset, right or liability referred to in subclause (2)) is, on 1 January 2011, transferred to the applicable health reform transitional organisation for the area health service.\n> \n> Note—\n> \n> Assets, rights and liabilities that may be transferred under this provision include obligations in respect of trust monies held by area health services, private practice income of staff specialists, bequests and donations held by area health services, litigation to which an area health service is a party or the intellectual property rights of an area health service.","sortOrder":17}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Order defines, by reference to 1 January 2011, which assets, agreements, statutory authorisations and liabilities transfer and to which new entity they transfer. The text itself sets specific inclusions, exclusions and allocation rules and does not indicate an expansion or narrowing of those transfer powers beyond the allocations the instrument specifies."},"complexity_factors":["Multiple transferee regimes: some assets go to proposed local health networks and others to Health Reform Transitional Organisations (clauses 5–6, 8–15).","Explicit exclusions with narrowly defined subject-matter (data centres excluded) (clause 4).","Detailed differentiation by asset type (forensic services, IT, pathology, motor vehicles) with bespoke rules (clauses 5, 6(4), 9).","Automatic succession of leases, licences, agreements and statutory authorisations on the same terms, raising transfer and counterparty issues (clauses 5(2)–(3), 6(2)–(3), 8(2), 10, 13–15).","Apportionment where contracts or appointments relate to facilities controlled by different proposed local health networks (clauses 11(2)(b), 12(2)(b), 13(2)).","Temporal cut-off and single-day operation point creates operational sequencing and record-keeping burdens (1 January 2011, throughout).","Cross-references and reliance on defined terms and the Health Services Act add interpretive complexity (clause 3 definitions)."],"plain_english_summary":"This Order, effective 1 January 2011, transfers assets, agreements, statutory authorisations and liabilities held by existing area health services to either proposed local health networks or specified Health Reform Transitional Organisations, while preserving existing lease and contract terms. It moves legal ownership and operational responsibility — and therefore the related costs, income and compliance obligations — to the receiving bodies and changes which organisation is the legal party for contracts, licences and appointments."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Order appears to have remained unchanged since it was made on 17 December 2010 and has never been amended. This suggests it fulfilled its original administrative purpose — a one-time transfer — and no scope expansion or contraction occurred. Transfer orders of this nature are typically narrow and purpose-specific by design."},"complexity_factors":["Highly technical administrative mechanism (asset transfer orders) that requires understanding of government restructuring processes","Cross-references to enabling legislation (Health Services Act) not shown in this excerpt, requiring additional research to understand the full legal basis","The actual substantive provisions are not visible in the provided text, meaning the true complexity of what was transferred cannot be assessed","Involves three distinct legal concepts — assets, rights, and liabilities — each carrying different legal implications","Limited to a single point-in-time with no amendments, reducing interpretive complexity"],"plain_english_summary":"This NSW administrative Order records the formal transfer of assets, legal rights and liabilities between health service organisations following restructuring. It mainly affects the organisations involved, their staff and counter‑parties to contracts, and exists to remove legal uncertainty about who owns property or bears obligations after the handover. The excerpt provided shows only metadata; specific transfer details aren’t visible."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to serve its original purpose as a transitional instrument for the 2011 NSW health restructuring. It comprehensively addresses the transfer of assets, rights, and liabilities from Area Health Services to new entities without apparent scope creep."},"complexity_factors":["Multiple defined terms (9 defined terms in section 3, plus additional definitions nested within clauses 4, 5, and 6)","Geographic and organisational mapping requirements (transfers depend on which Area Health Service and which geographical area)","Conditional logic with multiple tiers: general rule → exception for data centres (clause 4) → special categories in Part 2 (forensic medicine, IT, pathology) → general transfers in Part 3 with further exceptions","Cross-references to the Health Services Act 1997 and its schedules (particularly Schedule 7)","Temporal conditions (all transfers occur on a specific date: 1 January 2011)","Nested subclauses with multiple conditions (e.g., clause 9(1) requires both exclusive use AND facility control conditions)","Split destinations: assets go to either Local Health Networks OR one of three Transitional Organisations depending on location and service type"],"plain_english_summary":"This Order is a legal instrument that moves assets, contracts, and responsibilities from the old Area Health Services to new organisations as part of a major restructuring of NSW public hospitals in 2011.\n\n**What it does:**\n- **Transfers property and equipment** owned by Area Health Services (the old regional health authorities) to new entities called \"Local Health Networks\" and \"Health Reform Transitional Organisations\"\n- **Moves contracts** with doctors, service providers, and landlords to the appropriate new organisation\n- **Transfers legal permissions** (licences, permits, approvals) to the new bodies\n- **Handles special cases** like forensic medicine labs, IT systems, and pathology services separately from general hospital assets\n\n**Who it affects:**\n- NSW public hospitals and health facilities\n- Doctors with visiting practitioner appointments or service contracts\n- Staff of forensic medicine, pathology, and IT services\n- Anyone who had a contract with or lease from an Area Health Service\n\n**Why it matters:**\nThis Order prevented a legal vacuum when the NSW health system was reorganised. Without it, contracts would have been left in limbo, property would have had no clear owner, and hospitals might have lost their operating licences. It ensured continuity of healthcare services during the transition from eight Area Health Services to new Local Health Networks."}},"importantCases":[],"_links":{"self":"/api/acts/health-services-transfer-of-assets-rights-and-liabilities-order-2010","history":"/api/acts/health-services-transfer-of-assets-rights-and-liabilities-order-2010/history","analysis":"/api/acts/health-services-transfer-of-assets-rights-and-liabilities-order-2010/analysis","conflicts":"/api/acts/health-services-transfer-of-assets-rights-and-liabilities-order-2010/conflicts","importantCases":"/api/acts/health-services-transfer-of-assets-rights-and-liabilities-order-2010/important-cases","documents":"/api/acts/health-services-transfer-of-assets-rights-and-liabilities-order-2010/documents"}}