This Act creates a central, executive‑led framework for NSW health administration, defining the roles and powers of the Minister, the Health Secretary (as a corporation sole) and a New South Wales Health Foundation.
It enables contracting, joint ventures and private provision, authorises land and funding arrangements, and sets a confidential incident‑review regime that protects reviewer candour while limiting admissibility of review materials — concentrating decision authority in the executive and leaving primary costs with the State.
The Health Administration Act 1982 is the foundational statute that organises the machinery of public health administration in New South Wales. At its core it constitutes two statutory bodies: the Health Administration Corporation (s 9) and the New South Wales Health Foundation (s 16). The Corporation is a corporation sole whose sole member is the Health Secretary; it possesses perpetual succession, an official seal, the capacity to sue and be sued, and the power to deal with real and personal property for any purpose connected with the Minister’s, Ministry’s, Health Secretary’s or Foundation’s functions (s 9(2)). Importantly, the Corporation cannot itself employ staff; instead NSW Health Service staff are made available under the Health Services Act 1997 (note to s 9(2A)).
The Act confers broad policy and operational functions on the Minister (s 5) and the Health Secretary (s 8). The Minister may formulate general policies for promoting, protecting and improving the health of the people of New South Wales having regard to available resources (s 5(1)). The Minister may also provide, conduct or arrange health services, enter agreements with other persons to do so, and undertake ancillary works (s 5(2)). These functions may be exercised through the Corporation or in joint ventures (s 5A). The Health Secretary’s functions are more investigative and planning-oriented: commissioning surveys of health needs, inquiring into standards and costs, planning comprehensive services, promoting research, facilitating council and private-sector involvement, and supporting education and training of health personnel (s 8(2)).
Part 2 Division 4 equips the Corporation with specific powers to acquire land (with Ministerial approval) by agreement or compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 (s 10), to dispose of land, grant easements or override certain Crown grant restrictions (s 11), to accept gifts, devises or bequests free of the rule against remoteness of vesting (s 12), and to enter contracts for services or goods (s 13). The Foundation’s parallel functions are to raise and disburse funds, make grants, provide property, and act as trustee (ss 17–18). All money of the Foundation is held in a dedicated Special Deposits Account fund (s 19).
Current sections
Direct links to the current provisions in Health Administration Act 1982.
(1) Sections 1, 2, 33 and 34 and Schedule 3 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3
3
3 (Repealed)
4
Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
Corporation means the Health Administration Corporation constituted by section 9.
Foundation means the New South Wales Health Foundation constituted by section 16.
Health Secretary means the Secretary of the Ministry.
health service means any medical, hospital, ambulance, paramedical, community health or environmental health service or any other service (including any service of a prescribed class or description) relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or injury to persons.
local health district means a local health district constituted under the Health Services Act 1997.
Ministry means the Ministry of Health.
regulations means regulations under this Act.
(1A) The expression “NSW Health” may be used to describe the Corporation, the Ministry and any other body and organisation under the control and direction of the Minister or the Health Secretary.
(2) A reference in this Act to an ambulance service is a reference to a service relating to the work of rendering first aid to, and the transport of, sick and injured persons.
(3) A reference in this Act to—
(a) a function includes a reference to a power, authority and duty, and
(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
s 4: Am 1986 No 52, Sch 1 (1); 1990 No 16, Sch 2; 1991 No 17, Sch 1; 1996 No 30, Sch 2; 1997 No 154, Sch 6.16 [1]; 2006 No 2, Sch 3 [1]; 2010 No 52, Sch 3.3; 2010 No 97, Sch 2.10 [1]; 2011 No 4, Sch 2.12 [1]; 2016 No 45, Sch 1 [2] [3].
Part 2
Administration
Part 2 Administration
Part 2 Administration
Division 1
The Minister
Division 1 The Minister
Division 1 The Minister
5
Functions of the Minister
5 Functions of the Minister
5 Functions of the Minister
(1) The Minister may formulate general policies, in accordance with which the functions of the Minister, Ministry, Health Secretary, Corporation and Foundation are to be exercised, for the purpose of promoting, protecting, developing, maintaining and improving the health and well-being of the people of New South Wales to the maximum extent possible having regard to the needs of and financial and other resources available to the State.
(2) The Minister may—
(a) provide, conduct, operate and maintain and, where necessary, improve and extend any health service or any ancillary or incidental service and arrange for the construction of any buildings or works necessary for or in connection with any such service,
(b) enter into any agreement or arrangement for any other person to provide, conduct, operate and maintain any health service, and
(c) do such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of the functions under the foregoing provisions of this subsection.
(3) Nothing in this section takes away or affects any function that the Minister has apart from this section.
s 5: Am 2016 No 45, Sch 1 [3].
5A
Exercise of Minister’s functions through Corporation, joint ventures or other associations
5A Exercise of Minister’s functions through Corporation, joint ventures or other associations
5A Exercise of Minister’s functions through Corporation, joint ventures or other associations
(1) A function of the Minister may, if the Minister so determines, be exercised—
(a) by the Corporation, or
(b) by the Minister (or by the Corporation) in a partnership, joint venture or other association with other persons or bodies.
(2) A function of the Minister that is exercisable in relation to anything belonging to, or controlled by, the Minister is also exercisable in relation to anything belonging to, or controlled by, the Corporation.
(3) Nothing in this section prevents the Minister from exercising a function in his or her capacity as the Minister and entering into contracts or doing other things on behalf of the Crown.
s 5A: Ins 2006 No 2, Sch 3 [2].
Division 2
Division 2
Division 2
6, 7 (Repealed)
pt 2, div 2: Rep 2006 No 2, Sch 3 [3].
s 6: Rep 2006 No 2, Sch 3 [3].
s 7: Am 1986 No 52, Sch 1 (2); 1990 No 16, Sch 2; 1995 No 11, Sch 1; 1997 No 154, Sch 6.16 [2]. Rep 2006 No 2, Sch 3 [3].
Division 3
The Health Secretary
Division 3 The Health Secretary
Division 3 The Health Secretary
8
Functions of the Health Secretary
8 Functions of the Health Secretary
8 Functions of the Health Secretary
(1) The Health Secretary shall have and may exercise such functions as are conferred or imposed on the Health Secretary by or under this or any other Act.
(2) The Health Secretary shall have and may exercise the following functions—
(a) to initiate, promote, commission and undertake surveys and investigations into—
(i) the health needs of the people of New South Wales,
(ii) the resources of the State available to meet those needs, and
(iii) the methods by which those needs should be met,
(b) to inquire into the nature, extent and standards of the health services, facilities and personnel required to meet the health needs of the people of New South Wales and to determine the cost of meeting those needs,
(c) to plan the provision of comprehensive, balanced and co-ordinated health services throughout New South Wales,
(d) to formulate the programs and methods by which the health needs of the people of New South Wales may be met,
(e) to undertake, promote and encourage research in relation to any health service,
(f) to facilitate the provision of health services by any council (within the meaning of the Local Government Act 1993) or by any other body or person,
(g) to facilitate the provision by any Public Service agency, statutory authority, other body or person of social welfare services necessary or desirable to complement any health service,
(h) to promote and facilitate the provision of the professional, technical or other education or training of any persons employed or to be employed in the provision of any health service,
(i) to promote and facilitate a system of health care for the people of New South Wales provided by private bodies, institutions, associations and persons, as well as by the State and public bodies,
(j) to do such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of the Health Secretary’s functions under the foregoing provisions of this subsection.
(3) The Health Secretary is, in the exercise of functions conferred or imposed on the Health Secretary by or under any Act administered by the Minister for Health, subject to the control and direction of the Minister, except in relation to the contents of a recommendation or report made by the Health Secretary to the Minister.
s 8: Am 1995 No 11, Sch 1; 2017 No 22, Sch 4.22 [1].
8A
Exercise of Health Secretary’s functions through Corporation, joint ventures or other associations
8A Exercise of Health Secretary’s functions through Corporation, joint ventures or other associations
8A Exercise of Health Secretary’s functions through Corporation, joint ventures or other associations
(1) A function of the Health Secretary may, if the Health Secretary so determines, be exercised—
(a) by the Corporation, or
(b) by the Health Secretary (or by the Corporation) in a partnership, joint venture or other association with other persons or bodies.
(2) A function of the Health Secretary that is exercisable in relation to anything belonging to, or controlled by, the Health Secretary is also exercisable in relation to anything belonging to, or controlled by, the Corporation.
(3) Nothing in this section prevents the Health Secretary from exercising a function in his or her capacity as the Health Secretary and entering into contracts or doing other things on behalf of the Crown.
s 8A: Ins 2006 No 2, Sch 3 [4].
Division 4
The Corporation
Division 4 The Corporation
Division 4 The Corporation
9
Corporation
9 Corporation
9 Corporation
(1) The Health Secretary is, for the purpose of exercising the functions expressed to be conferred or imposed on the Corporation by or under this or any other Act, hereby incorporated as a corporation sole with the corporate name “Health Administration Corporation”.
(2) The Corporation—
(a) has perpetual succession,
(b) shall have an official seal,
(c) may take proceedings, and be proceeded against in its corporate name,
(d) subject to this Act, may, for the purposes for which it is constituted, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property,
(e) may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the Corporation is constituted, and
(f) is, for the purpose of any Act, a statutory body representing the Crown.
(2A) However, the Corporation cannot employ any staff.
Note—
Staff may be employed under Part 1 of Chapter 9 of the Health Services Act 1997 in the NSW Health Service to enable the Corporation to exercise its functions under this or any other Act.
(3) The regulations may make provision for or with respect to—
(a) the custody and use of the seal of the Corporation, and
(b) the keeping of records concerning the acts, decisions and proceedings of the Corporation.
(4) All courts and persons acting judicially—
(a) shall take judicial notice of the seal of the Corporation that has been affixed to any instrument or document, and
(b) shall, until the contrary is proved, presume that the seal was properly affixed.
(5) The Corporation is subject to the control and direction of the Minister.
s 9: Am 2006 No 2, Sch 3 [5].
10
Acquisition of land by Corporation
10 Acquisition of land by Corporation
10 Acquisition of land by Corporation
(1) The Corporation, with the approval of the Minister and subject to such terms and conditions as the Minister may attach to the approval, may, for the purpose of the exercise by the Minister, Ministry, Health Secretary, Corporation or Foundation of their functions, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) Without limiting the generality of subsection (1), the Corporation may acquire in any manner authorised by subsection (1)—
(a) any land of which that proposed to be acquired under this section forms part, and
(b) any land adjoining or in the vicinity of any land proposed to be acquired under this section.
(3) For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be for an authorised work and the Corporation is, in relation to that authorised work, taken to be the Constructing Authority.
(4) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act.
(5) (Repealed)
(6) Nothing in this section affects any operation that the Public Works Act 1912 would have if this section had not been enacted and the Corporation had not been constituted.
s 10: Am 1992 No 34, Sch 2; 2016 No 45, Sch 1 [3].
11
Disposal of land by Corporation
11 Disposal of land by Corporation
11 Disposal of land by Corporation
(1) The Corporation may, with the approval of the Minister and subject to such terms and conditions as the Minister may attach to the approval, sell, lease, exchange or otherwise deal with or dispose of land that has been acquired by the Corporation under this or any other Act, or any part thereof, and may, with the like approval and subject to the like terms and conditions, grant easements or rights-of-way over any such land so acquired or any part thereof.
(2) The Corporation may request the Minister to give approval to (and the Minister may approve) a disposition of land, being a disposition—
(a) that is contrary to a provision of, or a trust arising under, the Crown grant of that land, or
(b) that, if this section had not been enacted, may make the land liable to be forfeited to the Crown.
(3) If the Minister has given an approval under this section to a disposition of land, the disposition of the land—
(a) is not to be regarded as a breach of any provision of, or any trust arising under, the Crown grant of that land, and
(b) does not make the land liable to be forfeited to the Crown.
s 11: Am 2013 No 24, Sch 1 [1].
12
Power to accept gifts etc
12 Power to accept gifts etc
12 Power to accept gifts etc
(1) The Corporation may acquire, for any purpose connected with—
(a) the provision of any health service, or
(b) any of the functions of the Minister, Ministry, Health Secretary or Corporation,
any property by gift, devise or bequest and may agree to and carry out the conditions of any such gift, devise or bequest.
(2) The rule of law against remoteness of vesting shall not apply to any such condition to which the Corporation has agreed.
s 12: Am 2016 No 45, Sch 1 [3].
13
Contracts of Corporation
13 Contracts of Corporation
13 Contracts of Corporation
(1) The Corporation may make and enter into contracts or agreements with any person for the performance of services, or for the supply of goods, plant, machinery or material with respect to the exercise by the Minister, Ministry, Health Secretary, Corporation or Foundation of their functions under this or any other Act.
(2) Any such contract or agreement shall be deemed, for the purposes of the Constitution Act 1902, to be a contract or agreement for or on account of the Public Service of New South Wales.
(3) The Corporation may, on such terms and conditions as may be agreed upon, sell or let out on hire any goods, plant, machinery or material acquired by it under this or any other Act.
s 13: Am 2016 No 45, Sch 1 [3].
13A
Corporation to manage accounts of health professional councils
13A Corporation to manage accounts of health professional councils
13A Corporation to manage accounts of health professional councils
(1) The Corporation is to establish in the Special Deposits Account in the Treasury a separate account in respect of each of the health professional councils established under section 41B of the Health Practitioner Regulation National Law (NSW).
(b) amounts necessary to meet any costs associated with the employment of NSW Health Service staff to enable the Corporation to exercise its functions in respect of that council.
(3A) For the purposes of section 60 (1) of the Government Sector Employment Act 2013, the Corporation is taken to be the statutory body in respect of which persons are employed under Part 4 of that Act to enable a health professional council established under section 41B of the Health Practitioner Regulation National Law (NSW) to exercise its functions. Accordingly, the Corporation is authorised to pay out of an account under this section any employment-related costs that the Corporation is directed to pay under section 60 (1) of that Act.
(4) The Corporation may invest money in such an account—
(a) if the Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Corporation is permitted to invest money under that Part, or
(b) if the Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Treasurer.
(5) The interest or profits accruing from any such investment are to be paid into the relevant account.
s 13A: Ins 1990 No 12, Sch 2 (1). Am 2006 No 2, Sch 3 [6] [7]; 2007 No 89, Sch 2.4; 2010 No 34, Sch 2.21 [1]–[3]; 2017 No 22, Sch 4.22 [2]; 2017 No 50, Sch 5.14 [1]; 2018 No 70, Sch 3.30.
14
14
14, 15 (Repealed)
Division 5
The Foundation
Division 5 The Foundation
Division 5 The Foundation
16
Foundation
16 Foundation
16 Foundation
(1) There is hereby constituted a Corporation with the corporate name “New South Wales Health Foundation”.
(2) The affairs of the Foundation shall be managed by the Minister.
(3) Any act, matter or thing done in the name of, or on behalf of, the Foundation by the Minister, or with the authority of the Minister, shall be deemed to have been done by the Foundation.
(4) The Foundation—
(a) has perpetual succession,
(b) shall have an official seal,
(c) may take proceedings, and be proceeded against, in its corporate name,
(d) subject to this Act, may, for the purposes for which it is constituted, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property,
(e) may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the Foundation is constituted, and
(f) is, for the purposes of any Act, a statutory body representing the Crown.
(5) The regulations may make provision for or with respect to—
(a) the custody and use of the seal of the Foundation, and
(b) the keeping of records concerning the acts, decisions and proceedings of the Foundation.
(6) All courts and persons acting judicially—
(a) shall take judicial notice of the seal of the Foundation that has been fixed to any instrument or document, and
(b) shall, until the contrary is proved, presume that the seal was properly affixed.
17
Functions of the Foundation
17 Functions of the Foundation
17 Functions of the Foundation
(1) The Foundation shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.
(2) The Foundation may provide funds and make grants, and provide other support, for any purpose connected with—
(a) the provision of any health service, or
(b) any of the functions of the Minister, Ministry, Health Secretary or Corporation.
(3) The Foundation may, subject to such terms and conditions as it thinks appropriate, give or make available real or personal property (with or without consideration) to or for any person, body or organisation who or which provides any health service.
(4) The Foundation may promote and facilitate the raising of funds by means of public appeal or otherwise by any body, institution, association or person for the purposes of subsection (2) or (3).
s 17: Am 2016 No 45, Sch 1 [3].
18
Power to accept gifts etc
18 Power to accept gifts etc
18 Power to accept gifts etc
(1) The Foundation may acquire, for the purposes for which it is constituted, any property by gift, devise or bequest and may agree to and carry out the conditions of any such gift, devise or bequest.
(2) The rule of law against remoteness of vesting shall not apply to any such condition to which the Foundation has agreed.
(3) The Foundation may act as trustee of money or other property vested in the Foundation upon trust.
(4) The Corporation may, with the approval of the Minister, declare, by instrument published in the Gazette, any specified property (including money) acquired by the Corporation under section 12 to be property to which this subsection applies, and the property thereupon becomes vested in the Foundation, and any relevant condition to which the Corporation has agreed shall be deemed to be a condition to which the Foundation has agreed.
19
New South Wales Health Foundation Fund
19 New South Wales Health Foundation Fund
19 New South Wales Health Foundation Fund
(1) There shall be established and kept in the Treasury an account in the Special Deposits Account to be called the “New South Wales Health Foundation Fund” (referred to in this section as the Fund).
(2) The Fund shall consist of any money received from any source by the Foundation.
(3) There may be paid out of the Fund—
(a) all charges, costs and expenses incurred by or with the authority of the Minister in the administration of the Foundation, and
(b) all funds and grants provided, and other payments made, by the Foundation in the exercise of its functions.
Division 6 Councils, committees and advisory bodies
Division 6 Councils, committees and advisory bodies
20
Appointment of advisory bodies
20 Appointment of advisory bodies
20 Appointment of advisory bodies
(1)–(3) (Repealed)
(4) The Minister may appoint such councils, committees and advisory bodies as the Minister may consider appropriate.
(5) A council, committee or advisory body appointed under this section shall have such functions as the Minister may from time to time direct.
(6) A council, committee or advisory body appointed under this section shall consist of a person appointed as Chairperson by the Minister and such other persons appointed by the Minister as the Minister thinks fit.
(7) The Chairperson and other members so appointed shall hold office for such term as the Minister may specify in respect of each of them in the instruments of their appointment and any such appointment may be terminated by the Minister at any time.
(8) The Chairperson and any other member of a council, committee or advisory body appointed under this section shall each be entitled to be paid such fees and allowances (if any) as may be from time to time determined in respect of the Chairperson or member by the Minister.
(9) The office of a member of a council, committee or advisory body appointed under this section shall, for the purposes of any Act, be deemed not to be an office or place of profit under the Crown.
s 20: Am 2000 No 53, Sch 2.8 [1]–[4].
Division 6A
Medical Services Committee
Division 6A Medical Services Committee
Division 6A Medical Services Committee
pt 2, div 6A: Ins 1984 No 109, Sch 1 (2).
20A
Definitions
20A Definitions
20A Definitions
In this Division—
Committee means the Medical Services Committee established under section 20B.
legislation means legislation of New South Wales, and includes regulations or by-laws made under any Act.
patient means a patient or prospective patient of a medical practitioner or of a hospital.
subcommittee means a subcommittee of the Committee.
s 20A: Ins 1984 No 109, Sch 1 (2).
20B
Establishment of Medical Services Committee
20B Establishment of Medical Services Committee
20B Establishment of Medical Services Committee
(1) There is hereby established a committee, to be called the “Medical Services Committee”.
(2) The Committee shall consist of 10 medical practitioners, being—
(a) a Chairperson appointed as such by the Minister on the nomination of the Committee, and
(b) 9 other members appointed by the Minister, of whom—
(i) 4 shall be appointed on the nomination of the Council of the Australian Medical Association (NSW) Limited, one of whom shall be a general practitioner and one of whom shall be a salaried medical officer,
(ii) 2 shall be appointed on the nomination of the New South Wales State Committee of the Australian Association of Surgeons, one of whom shall be a salaried specialist,
(iii) 1 shall be appointed on the nomination of the New South Wales State Committee of the Australian Society of Orthopaedic Surgeons,
(iv) 1 shall be appointed on the nomination of the New South Wales Section of the Australian Society of Anaesthetists or the appropriate executive body of that Section, and
(v) 1 shall be appointed on the nomination of the Internal Medicine Society of Australia & New Zealand Incorporated.
(3) The Committee may, after consultation with the Minister, appoint subcommittees of the Committee for the purpose of advising, consulting with and assisting the Committee, and persons may be appointed as members of such a subcommittee whether or not they are members of the Committee.
(4) The members of a subcommittee shall hold office for such term as the Committee may specify in respect of each of them in the instruments of their appointment and any such appointment may be terminated by the Committee at any time.
(5) The office of a member of the Committee or of a subcommittee shall, for the purposes of any Act, be deemed not to be an office or place of profit under the Crown.
(6) Schedule 4 has effect with respect to the Committee.
s 20B: Ins 1984 No 109, Sch 1 (2). Am 1991 No 17, Sch 1; 1999 No 85, Sch 2.27; 2001 No 112, Sch 1.14.
20C
Functions of Medical Services Committee etc
20C Functions of Medical Services Committee etc
20C Functions of Medical Services Committee etc
(1) The functions of the Committee are to advise and consult with the Minister and employees of the Ministry as to—
(a) matters affecting the practice of medicine in New South Wales (other than matters arising under State industrial instruments and other industrial matters within the meaning of the Industrial Relations Act 1996), and
(b) in particular—
(i) existing and proposed legislation, including proposed amendments to existing legislation, affecting or likely to affect patients or medical practitioners or both, in their respective capacities as such, and
(ii) existing and proposed administrative arrangements, including proposed changes to existing administrative arrangements, affecting or likely to affect patients or medical practitioners or both, in their respective capacities as such.
(2) The Committee shall have such other functions as the Minister may from time to time determine or as are conferred on it by or under this or any other Act.
(3) A notice may be served on the Committee in any of the following ways—
(a) by instrument in writing served on the Chairperson of the Committee,
(b) in such manner as the Committee from time to time determines and communicates to the Minister,
(c) in such manner as may be prescribed.
s 20C: Ins 1984 No 109, Sch 1 (2). Am 1996 No 121, Sch 4.26 [1]; 2016 No 45, Sch 1 [3]; 2017 No 22, Sch 4.22 [3].
Division 6B
Quality assurance committees
Division 6B Quality assurance committees
Division 6B Quality assurance committees
pt 2, div 6B: Ins 1989 No 207, sec 3.
20D
Definitions
20D Definitions
20D Definitions
In this Division—
Committee means a committee declared to be an approved quality assurance committee under section 20E.
prescribed establishment means—
(a) any public hospital or public health organisation within the meaning of the Health Services Act 1997, or
(b) (Repealed)
(c) an establishment, college, association or other body (other than an industrial or trade union) prescribed by the regulations.
service means a health service, and includes any administrative or other service related to a health service.
s 20D: Ins 1989 No 207, sec 3. Am 1997 No 154, Sch 6.16 [3].
20E
Approved quality assurance committees
20E Approved quality assurance committees
20E Approved quality assurance committees
(1) The Minister may, by order published in the Gazette, declare that a specified committee established by a prescribed establishment is an approved quality assurance committee for the purposes of this Division.
(2) The Minister is not to make such a declaration unless the Minister is satisfied that—
(a) the committee is established by or within a prescribed establishment in accordance with the rules or official procedures of the establishment, and
(b) its functions are to assess and evaluate services provided by one or more prescribed establishments (whether or not provided by the establishment which established the committee), to report and make recommendations concerning those services and to monitor the implementation of its recommendations, and
(c) the committee comprises individuals with training and experience appropriate to the services to be assessed and evaluated by the committee, and
(d) the exercise of those functions would be facilitated by the provision of immunities and protections afforded by this Division, and
(e) it is in the public interest to restrict the disclosure of information compiled by the committee in the course of the exercise of those functions.
ss 20E–20J: Ins 1989 No 207, sec 3.
20F
Restrictions on Committees
20F Restrictions on Committees
20F Restrictions on Committees
(1) A Committee does not have authority to conduct an investigation relating to the competence of an individual in providing services.
(2) A report furnished or information made available by a Committee must not disclose the identity of an individual who is a provider or recipient of services unless the individual has consented in writing to that disclosure.
(3) A Committee is to have regard to the rules of natural justice in so far as they are relevant to the functions of a Committee.
ss 20E–20J: Ins 1989 No 207, sec 3.
20G
Disclosure etc of information
20G Disclosure etc of information
20G Disclosure etc of information
A person who is or was a member of a Committee must not make a record of, or divulge or communicate to any person, any information acquired by the person as such a member, except—
(a) for the purpose of exercising the functions of a member, or
(b) in accordance with the provisions of the regulations as to the furnishing of reports to the Minister or to a prescribed establishment or the making available of information to the public.
Maximum penalty—50 penalty units.
ss 20E–20J: Ins 1989 No 207, sec 3.
20H
Information not to be given in evidence
20H Information not to be given in evidence
20H Information not to be given in evidence
(1) A person who is or was a member of a Committee is neither competent nor compellable—
(a) to produce before any court, tribunal, board or person any document in his or her possession or under his or her control that was created by, at the request of or solely for the purpose of the Committee, or
(b) to divulge or communicate to any court, tribunal, board or person any matter or thing that came to the person’s notice as such a member.
(2) Subsection (1) does not apply to a requirement made in proceedings in respect of any act or omission by a Committee or by a member of a Committee as a member.
ss 20E–20J: Ins 1989 No 207, sec 3.
20I
Findings of Committee not evidence of certain matters
20I Findings of Committee not evidence of certain matters
20I Findings of Committee not evidence of certain matters
A finding or recommendation by a Committee as to the need for changes or improvements in relation to a procedure or practice is not admissible as evidence in any proceedings that the procedure or practice is or was careless or inadequate.
ss 20E–20J: Ins 1989 No 207, sec 3.
20J
Personal liability of members etc
20J Personal liability of members etc
20J Personal liability of members etc
(1) Anything done by a Committee, a member of a Committee or any person acting under the direction of a Committee, in good faith for the purposes of the exercise of the Committee’s functions, does not subject such a member or person personally to any action, liability, claim or demand.
(2) Without limiting subsection (1), a member of a Committee has qualified privilege in proceedings for defamation in respect of—
(a) any statement made orally or in writing in the exercise of the functions of a member, or
(b) the contents of any report or other information published by the Committee.
(3) The members of a Committee are, and are entitled to be, indemnified by the prescribed establishment that established the Committee in respect of any costs incurred in defending proceedings in respect of a liability against which they are protected by this section.
ss 20E–20J: Ins 1989 No 207, sec 3.
20K
Regulations relating to Committees
20K Regulations relating to Committees
20K Regulations relating to Committees
The regulations may make provision for or with respect to—
(a) the procedure of Committees and the manner in which they are to exercise their functions, and
(b) permitting or requiring Committees to make specified information available to the public, and
(c) permitting or requiring Committees to furnish reports concerning their activities to the Minister and to prescribed establishments.
s 20K: Ins 1989 No 207, sec 3. Am 1990 No 108, Sch 2.
Division 6C
Division 6C
Division 6C
20L–20U (Repealed)
pt 2, div 6C: Ins 2004 No 98, Sch 4.2 [2]. Rep 2018 No 2, Sch 1[1].
s 20L: Ins 2004 No 98, Sch 4.2 [2]. Am 2005 No 82, Sch 1; 2006 No 2, Sch 3 [9]; 2010 No 97, Sch 2.10 [2]; 2011 No 4, Sch 2.12 [2]; 2014 No 88, Sch 1.12. Rep 2018 No 2, Sch 1[1].
s 20M: Ins 2004 No 98, Sch 4.2 [2]. Am 2010 No 52, Sch 2.1 [1] [2]. Rep 2018 No 2, Sch 1[1].
s 20N: Ins 2004 No 98, Sch 4.2 [2]. Am 2010 No 52, Sch 2.1 [3]. Rep 2018 No 2, Sch 1[1].
s 20O: Ins 2004 No 98, Sch 4.2 [2]. Am 2006 No 2, Sch 3 [10] [11]; 2010 No 52, Sch 2.1 [2] [4]–[8]. Rep 2018 No 2, Sch 1[1].
s 20P: Ins 2004 No 98, Sch 4.2 [2]. Am 2010 No 52, Sch 2.1 [9]. Rep 2018 No 2, Sch 1[1].
s 20Q: Ins 2004 No 98, Sch 4.2 [2]. Am 2010 No 52, Sch 2.1 [10] [11]. Rep 2018 No 2, Sch 1[1].
s 20R: Ins 2004 No 98, Sch 4.2 [2]. Subst 2010 No 52, Sch 2.1 [12]. Rep 2018 No 2, Sch 1[1].
s 20S: Ins 2004 No 98, Sch 4.2 [2]. Rep 2018 No 2, Sch 1[1].
s 20T: Ins 2004 No 98, Sch 4.2 [2]. Am 2010 No 52, Sch 2.1 [5] [13]. Rep 2018 No 2, Sch 1[1].
s 20U: Ins 2004 No 98, Sch 4.2 [2]. Rep 2010 No 52, Sch 2.1 [14].
Division 7
Delegation
Division 7 Delegation
Division 7 Delegation
21
Delegation
21 Delegation
21 Delegation
(1) The Minister, Health Secretary or Corporation may, by instrument in writing, under seal (in the case of the Corporation), delegate such of their functions (other than this power of delegation) conferred or imposed by or under this or any other Act as are specified in the instrument to any person, and may, by such an instrument, revoke wholly or in part any such delegation.
(2) A delegation under subsection (1) may be made to—
(a) a specified person (whether a natural person or a corporation), or
(b) a person for the time being holding a specified office.
(3) Except in so far as the instrument of delegation otherwise provides, a person to whom a function has been delegated under subsection (1) may—
(a) in the case of a natural person—by writing under the person’s hand, or
(b) in the case of a corporation—by writing under its seal,
authorise another person to exercise the function so delegated, and may, in like manner, revoke wholly or in part any such authority.
(4) An authority under subsection (3) may be given to—
(a) a specified person, or
(b) a person for the time being holding a specified office.
(5) Any act or thing done or suffered in the exercise of a function by a person to whom the function has been delegated under subsection (1) or by a person authorised by the delegate under subsection (3) to exercise the function has the same force and effect as if it had been done or suffered by the Minister, Health Secretary or Corporation, as the case may require, and shall be deemed to have been done or suffered by the Minister, Health Secretary or Corporation, as the case may require.
(6) A delegation under subsection (1) does not prevent the exercise of a function by the Minister, Health Secretary or Corporation, as the case may require.
(7) The giving of an authority under subsection (3) does not prevent the exercise of a function by the person by whom the authority was given.
(8) A document purporting to be signed by a person as a delegate of the Minister, Health Secretary or Corporation shall be deemed, unless the contrary is established, to have been signed by such a delegate and to have been so signed pursuant to the exercise of a function duly delegated to the person under subsection (1).
(9) A document purporting to be signed by a person authorised by a delegate of the Minister, Health Secretary or Corporation to sign the document shall be deemed, unless the contrary is established, to have been signed by a person so authorised and to have been so signed pursuant to the exercise of a function that the person is duly authorised by such a delegate to exercise.
(10) A delegation or authority under this section may be made or given subject to such conditions or such limitations as to the exercise of any of the functions delegated, or as to time or circumstances, as may be specified in the instrument of delegation or authority.
(11) The provisions of this section are in addition to and not in derogation of any other provision which authorises or provides for the authorisation of a person to exercise any function of the Minister, Health Secretary or Corporation.
(12) This section does not authorise the delegation of any of the following powers—
(a) an incident involving the provision of a health service by a local health district, in which case the relevant health services organisation in respect of the incident is the local health district,
(b) an incident involving the provision of a health service by a statutory health corporation prescribed by the regulations, in which case the relevant health services organisation in respect of the incident is the statutory health corporation,
(c) an incident involving the provision of a health service by an affiliated health organisation prescribed by the regulations, in which case the relevant health services organisation in respect of the incident is the affiliated health organisation,
(d) an incident involving the provision of a health service under Chapter 5A (Ambulance services) of the Health Services Act 1997 or the provision of a service under Part 1A of Chapter 10 of that Act, in which case the relevant health services organisation in respect of the incident is the Health Secretary.
s 21B: Ins 2018 No 2, Sch 1[2].
21C
Appointment of assessors to assess incidents
21C Appointment of assessors to assess incidents
21C Appointment of assessors to assess incidents
(1) When an incident is reported to the relevant health services organisation in respect of the incident, the organisation must appoint one or more assessors to carry out a preliminary risk assessment of the incident if—
(a) it is of the opinion that the incident is (or may be) a reportable incident, or
(b) the incident is not a reportable incident but may be the result of a serious systemic problem and the organisation is of the opinion that a preliminary risk assessment of the incident should be carried out.
(2) Assessors may be appointed in response to a particular incident or otherwise.
(3) The persons appointed as assessors in respect of an incident must (subject to the regulations) be persons that the relevant health services organisation reasonably considers can properly carry out a preliminary risk assessment of the incident.
s 21C: Ins 2018 No 2, Sch 1[2].
21D
Functions of assessors in relation to incidents
21D Functions of assessors in relation to incidents
21D Functions of assessors in relation to incidents
An assessor is to carry out a preliminary risk assessment of the incident and is to provide advice (in writing or otherwise) to the relevant health services organisation to assist the organisation in understanding the events comprising the incident and the measures required to appropriately manage the incident and remove or mitigate any risk.
s 21D: Ins 2018 No 2, Sch 1[2].
21E
Immediate notification if person at risk
21E Immediate notification if person at risk
21E Immediate notification if person at risk
An assessor must immediately advise the relevant health services organisation in writing if the assessor is of the opinion that the incident in respect of which the assessor was appointed raises matters that indicate a problem giving rise to a risk of serious or imminent harm to a person.
s 21E: Ins 2018 No 2, Sch 1[2].
21F
Outcome of assessment of incidents
21F Outcome of assessment of incidents
21F Outcome of assessment of incidents
(1) A relevant health services organisation may only disclose an advice of an assessor or any information obtained from the advice as follows—
(a) to provide the advice to the Health Secretary,
(b) to notify any person or body authorised under section 23 of the incident,
(c) to advise a serious adverse event review team appointed to carry out a serious adverse event review of the incident to which the advice relates,
(d) to provide relevant information to a patient involved in the incident, a family member or carer of the patient or a person nominated by any such patient, family member or carer,
(e) to a law enforcement agency or regulatory body,
(f) in any other manner as may be prescribed by the regulations.
(2) A relevant health services organisation must take reasonable steps to not disclose information that identifies a person (other than the patient involved in the incident) when it provides information under subsection (1) (d).
s 21F: Ins 2018 No 2, Sch 1[2].
21G
Appointment of team to review incidents
21G Appointment of team to review incidents
21G Appointment of team to review incidents
(1) The relevant health services organisation in respect of an incident must appoint one or more persons as a serious adverse event review team to carry out a serious adverse event review of the incident if—
(a) following the preliminary risk assessment, the organisation is satisfied—
(i) the incident is a reportable incident, or
(ii) the incident is not a reportable incident but may be the result of a serious systemic problem and in the organisation’s opinion a serious adverse event review of the incident should be carried out, or
(b) the Health Secretary—
(i) considers the incident is a reportable incident, or may be the result of a serious systemic problem, and
(ii) directs the organisation to carry out a serious adverse event review of the incident.
(2) Despite subsection (1), a relevant health services organisation may, but is not required to, appoint a serious adverse event review team to carry out a serious adverse event review of an incident—
(a) in circumstances prescribed by the regulations, or
(b) if the Health Secretary has informed the organisation that the Health Secretary intends to conduct a review of, or an inquiry into, the incident.
(3) The persons appointed as a serious adverse event review team in respect of an incident must (subject to the regulations) be persons that the relevant health services organisation reasonably considers can properly carry out a serious adverse event review of the incident.
(3A) The relevant health services organisation may—
(a) replace a member of a serious adverse event review team if the member is unable to complete the serious adverse event review, or
(b) appoint one or more additional members to a serious adverse event team if satisfied the appointments are necessary to allow the team to complete the serious adverse event review in a timely and effective way.
(4) The relevant health services organisation is to cause a written record to be kept of the persons appointed as a serious adverse event review team.
(5) The Health Secretary may issue directions setting out the type of serious adverse event review, and the manner in which the serious adverse event review is to be carried out, in respect of an incident or a class of incidents.
s 21G: Ins 2018 No 2, Sch 1[2]. Am 2023 No 37, Sch 1[1] [2].
21H
Serious adverse event review of incident
21H Serious adverse event review of incident
21H Serious adverse event review of incident
(1) A serious adverse event review team is to carry out a serious adverse event review of the incident in respect of which it was appointed.
(2) A serious adverse event review team must, on completion of the serious adverse event review of an incident, provide a report in writing to the relevant health services organisation that sets out a description of the incident and details of the following findings identified by the team—
(a) how the incident occurred,
(b) any factors that caused or contributed to the incident,
(c) any procedures, practices or systems that could be reviewed (areas for review findings) for the purposes of a recommendations report.
(3) After considering the findings of the serious adverse event review team, the relevant health services organisation may (and must if the findings include areas for review findings) direct the team to prepare a report (a recommendations report) setting out its recommendations (if any) as to the need for changes or improvements in relation to a procedure, practice or system (including clinical redesign) arising out of the incident.
(4) The relevant health services organisation may, for the purposes of the preparation of a recommendations report, appoint additional persons to the serious adverse event review team.
(5) The serious adverse event review team must provide the recommendations report in writing to the relevant health services organisation.
(6) Subject to section 21O (Information not to be given in evidence), the contents of a report of a reviewer under this section may be disclosed to any person and used for any purpose.
s 21H: Ins 2018 No 2, Sch 1[2].
21I
Immediate notification if person at risk
21I Immediate notification if person at risk
21I Immediate notification if person at risk
A serious adverse event review team must immediately advise the relevant health services organisation in writing if it is of the opinion that the incident in respect of which it was appointed raises matters that indicate a problem giving rise to a risk of serious or imminent harm to a person.
s 21I: Ins 2018 No 2, Sch 1[2].
21J
Notification about performance or impairment of health practitioner
21J Notification about performance or impairment of health practitioner
21J Notification about performance or impairment of health practitioner
(1) A serious adverse event review team must advise the relevant health services organisation in writing as soon as practicable once it is of the opinion that the incident in respect of which it was appointed raises matters that may involve a performance or impairment issue (other than unsatisfactory professional performance) in relation to a health practitioner.
(2) A serious adverse event review team may advise the relevant health services organisation in writing if it is of the opinion that the incident raises matters that may involve unsatisfactory professional performance by a health practitioner.
(3) A written advice under this section must disclose the identity of the health practitioner to whom the notification relates (regardless of whether the health practitioner consents to the disclosure) and the nature of the concern, and specify whether the notification relates to—
(a) professional misconduct, unsatisfactory professional conduct or unsatisfactory professional performance by the health practitioner, or
(b) the health practitioner suffering from an impairment.
s 21J: Ins 2018 No 2, Sch 1[2].
21K
Discontinuing serious adverse event review
21K Discontinuing serious adverse event review
21K Discontinuing serious adverse event review
(1) The relevant health services organisation may authorise a serious adverse event review team to discontinue taking any further steps in relation to a serious adverse event review of an incident—
(a) if advice has been provided to the organisation under section 21J (Notification about performance or impairment of health practitioner) and the organisation is of the opinion that the incident was substantially caused by a performance or impairment issue in relation to a health practitioner and the team is not likely to identify any other root causes, contributory factors or system improvements, or
(b) in circumstances prescribed by the regulations.
(2) A serious adverse event review team that is authorised under this section may, if it considers it to be appropriate, determine to take no further steps in relation to the serious adverse event review and in such a case may discontinue the review.
s 21K: Ins 2018 No 2, Sch 1[2].
21L
Meaning of “incident reviewer”
21L Meaning of “incident reviewer”
21L Meaning of “incident reviewer”
In this Part—
incident reviewer means a member of a serious adverse event review team or an assessor.
s 21L: Ins 2018 No 2, Sch 1[2].
21M
Restrictions on incident reviewers
21M Restrictions on incident reviewers
21M Restrictions on incident reviewers
(1) An incident reviewer does not have authority to carry out an investigation relating to the competence of an individual in providing services.
(2) Except as otherwise provided by or under this Part, an advice or report furnished by a serious adverse event review team must not disclose—
(a) the name or address of an individual who is a provider or recipient of services unless the individual has consented in writing to that disclosure, or
(b) as far as is practicable, any other material that identifies, or may lead to the identification of, such an individual.
(3) An incident reviewer is to act in a fair and reasonable manner in the exercise of his or her functions as an incident reviewer.
s 21M: Ins 2018 No 2, Sch 1[2].
21N
Disclosure of information
21N Disclosure of information
21N Disclosure of information
A person who is or was an incident reviewer must not make a record of, or divulge or communicate to any person, any information acquired by the person as such a reviewer, except—
(a) for the purpose of exercising the functions of an incident reviewer, or
(b) for the purpose of any advice provided as an incident reviewer, or
(c) for the purpose of any advice or report under this Part, or
(d) in accordance with the regulations.
Maximum penalty—50 penalty units.
s 21N: Ins 2018 No 2, Sch 1[2].
21O
Information not to be given in evidence
21O Information not to be given in evidence
21O Information not to be given in evidence
(1) A person is neither competent nor compellable to produce any document or disclose any communication (or to disclose any information that the person obtained from any such document or communication) to a court, tribunal, board, person or body if the document was prepared, or the communication was made, for the dominant purpose of the exercise of a function under this Part by an incident reviewer.
(2) This section does not apply to a requirement made—
(a) in proceedings in respect of any act or omission by an incident reviewer, or
(b) by a person or body who has been approved by the Health Secretary to carry out a review or audit of an assessment or review by an incident reviewer.
s 21O: Ins 2018 No 2, Sch 1[2].
21P
Advice and reports not to be admitted in evidence
21P Advice and reports not to be admitted in evidence
21P Advice and reports not to be admitted in evidence
(1) Evidence as to the contents of an advice or report of an incident reviewer cannot be adduced or admitted in any proceedings.
(2) Subsection (1) does not apply to proceedings in respect of any act or omission by an incident reviewer.
s 21P: Ins 2018 No 2, Sch 1[2].
21Q
Personal liability of incident reviewers
21Q Personal liability of incident reviewers
21Q Personal liability of incident reviewers
(1) Anything done by an incident reviewer or any person acting under the direction of an incident reviewer, in good faith for the purposes of the exercise of the incident reviewer’s functions, does not subject the incident reviewer or person personally to any action, liability, claim or demand.
(2) Without limiting subsection (1), an incident reviewer has qualified privilege in proceedings for defamation in respect of—
(a) any statement made orally or in writing in the exercise of the functions of an incident reviewer, or
(b) the contents of any advice or report or other information published by an incident reviewer.
(3) An incident reviewer is, and is entitled to be, indemnified in respect of any costs incurred in defending proceedings in respect of a liability against which the reviewer is protected by this section by the relevant health services organisation in respect of the incident for which the incident reviewer was appointed.
s 21Q: Ins 2018 No 2, Sch 1[2].
21R
When incident is reported to relevant health services organisation
21R When incident is reported to relevant health services organisation
21R When incident is reported to relevant health services organisation
(1) An incident is reported to a relevant health services organisation (other than the Health Secretary) when the incident is reported to—
(a) the chief executive of the organisation, or
(b) if the incident reporting procedures of the organisation specify another person to whom incidents are to be reported—that other person.
(2) An incident is reported to the Health Secretary when it is reported to the Health Secretary or to a person nominated by the Health Secretary for the purposes of this Part.
s 21R: Ins 2018 No 2, Sch 1[2].
21S
Regulations for purposes of Part
21S Regulations for purposes of Part
21S Regulations for purposes of Part
The regulations may make provision for or with respect to the following—
(a) the appointment of persons as members of a serious adverse event review team or as assessors,
(b) the functions of incident reviewers and the manner in which they are to exercise those functions,
(c) the procedures of a preliminary risk assessment or a serious adverse event review,
(d) permitting or requiring incident reviewers or a relevant health services organisation to make specified information (including personal information and health information) available to the public,
(e) permitting or requiring incident reviewers to furnish reports concerning their activities to the Minister and to relevant health services organisations,
(f) the carrying out of reviews or audits of any preliminary risk assessment or serious adverse event review,
(g) the notification by relevant health services organisations of incidents to persons or bodies who may be required to exercise functions under this Part or Part 4 of the Private Health Facilities Act 2007,
(h) the exchange of information between a relevant health services organisation and persons or bodies who may be required to exercise functions under this Part or Part 4 of the Private Health Facilities Act 2007 for the purposes of the exercise of those functions.
s 21S: Ins 2018 No 2, Sch 1[2]. Am 2018 No 73, Sch 2[1].
Part 3
Miscellaneous
Part 3 Miscellaneous
Part 3 Miscellaneous
22
Disclosure of information
22 Disclosure of information
22 Disclosure of information
If a person discloses any information obtained in connection with the administration or execution of this Act or any other Act conferring or imposing responsibilities or functions on the Minister, Ministry, Health Secretary, Corporation or Foundation and the disclosure is not made—
(a) with the consent of the person from whom the information was obtained,
(b) in connection with the administration or execution of this Act or any such other Act,
(c) for the purposes of any legal proceedings arising out of this Act or any such other Act or of any report of any such proceedings,
(d) with other lawful excuse, or
(e) in any other prescribed circumstances,
that person is guilty of an offence against this Act and, on conviction by a court of summary jurisdiction, liable to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months.
s 22: Am 1990 No 11, Sch 2; 1992 No 112, Sch 1; 2016 No 45, Sch 1 [3].
23
Specially privileged information
23 Specially privileged information
23 Specially privileged information
(1) The Minister may, by order published in the Gazette, authorise any specified person or body, including a council, committee or advisory body appointed under section 20(4), to conduct research or conduct investigations into morbidity or mortality occurring within New South Wales.
(2) An authorisation under this section may be of general application or be limited by reference to specified factors or exceptions.
(3) If a person discloses any information obtained in connection with the conduct of research or investigations in accordance with an authorisation under this section (whether or not the authorisation is still in force at the time of the disclosure) and the disclosure is not made—
(a) with the consent of the person from whom the information was obtained, or
(b) with the approval of the Minister,
that person is guilty of an offence against this Act and, on conviction by a court of summary jurisdiction, liable to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months.
(4) Notwithstanding anything in subsection (3), a person who has obtained any information in connection with the conduct of research or investigations in accordance with an authorisation under this section is neither competent nor compellable in any proceedings to answer any question, or to produce any documents, relating to any such information (whether or not the authorisation is still in force at the time of the proceedings), except with the approval of the Governor.
(5) Notwithstanding anything in subsection (3), a direction under section 53 (1) of the Coroners Act 2009, in relation to a person who died or may have died as referred to in paragraph (e) of the definition of reportable death in section 6 (1) of that Act, does not require the production of a document or writing containing information obtained in connection with the conduct of research or investigations in accordance with an authorisation under this section (whether or not the authorisation is still in force at the time the order is served), where the information was obtained from a person who administered or was involved in the administration of the anaesthetic concerned.
(6) Without limiting the operation of this section, this section has effect notwithstanding anything in the Coroners Act 2009.
(7) An authorisation may be given under this section so as to operate retrospectively, but not so as thereby to affect a disclosure already made.
s 23: Am 1992 No 112, Sch 1; 1998 No 120, Sch 1.20 [1] [2]; 2009 No 41, Schs 3.6 and 4; 2020 No 30, Sch 1.22[2].
23A
Exchange of information between health officials
23A Exchange of information between health officials
23A Exchange of information between health officials
(1) A health official may disclose information that the health official obtains in the exercise of the health official’s functions to another health official for the purposes of enabling the other health official to exercise the other health official’s functions.
(2) A health official may disclose information under this section only if the health official considers that the public interest in disclosing the information outweighs the public interest in protecting the confidentiality of the information and the privacy of any person to whom the information relates.
(3) Nothing in this section limits the ability of a heath official to disclose information under any other Act or law.
(4) In this section—
health official means a person or body that exercises functions under any of the following—
(g) an Act or instrument, or a provision of an Act or instrument, prescribed by the regulations.
s 23A: Ins 2018 No 73, Sch 2 [2].
24
Proceedings for offences
24 Proceedings for offences
24 Proceedings for offences
Proceedings for an offence against this Act may be taken only before the Local Court.
s 24: Am 1999 No 31, Sch 4.38; 2007 No 94, Sch 4.
25
Protection from liability
25 Protection from liability
25 Protection from liability
No matter or thing done in good faith for the purposes of executing this Act or any other Act conferring or imposing functions on the Minister, Ministry, Health Secretary, Corporation or Foundation shall subject any person personally to any action, liability, claim or demand.
s 25: Am 2016 No 45, Sch 1 [3].
26
Service of documents
26 Service of documents
26 Service of documents
Any notice, summons, writ or other proceeding required to be served on the Health Secretary, Corporation or Foundation may be served by being left at an office of the Ministry, or, in the case of a notice, by posting it addressed to the Health Secretary, Corporation or Foundation, as the case may be, at an office of the Ministry.
s 26: Am 2016 No 45, Sch 1 [3].
27
Authentication of certain documents
27 Authentication of certain documents
27 Authentication of certain documents
Every summons, process, demand, order, notice, statement, direction or document requiring authentication by the Corporation or Foundation may be sufficiently authenticated without the seal of the Corporation or Foundation if signed by a person authorised to do so by the Corporation or Foundation.
28
Annual report
28 Annual report
28 Annual report
(1) As soon as practicable after 30 June, but not later than 31 December, in each year, the Health Secretary shall prepare and furnish to the Minister a report of the work and activities of the Ministry, Corporation and Foundation for the year ending on 30 June in that year.
(2) The Minister shall lay the report, or cause it to be laid, before both Houses of Parliament as soon as practicable after the receipt by the Minister of the report.
(3) A report under subsection (1) may include any report required to be made annually in respect of the Ministry, Corporation or Foundation under any other Act.
(4) In so far as a report under subsection (1) includes any matter that relates to a period in respect of which a report is so required to be made under any other Act, the provision of that other Act which requires the report to be made in respect of that period has no operation.
s 28: Am 2016 No 45, Sch 1 [3].
29
29
29–31 (Repealed)
32
Savings, transitional and other provisions
32 Savings, transitional and other provisions
32 Savings, transitional and other provisions
Schedule 2 has effect.
33
Transfer of health employees
33 Transfer of health employees
33 Transfer of health employees
Schedule 3 has effect.
34
Regulations
34 Regulations
34 Regulations
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.
Part 4
Part 4
Part 4
35 (Repealed)
pt 4 (s 35): Ins 1994 No 2, sec 3. Rep 1997 No 154, Sch 6.16 [5].
Schedule 1
Schedule 1
Schedule 1 (Repealed)
sch 1: Rep 2018 No 73, Sch 2 [4].
Schedule 2
Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
(Section 32)
sch 2: Am 1997 No 154, Sch 6.16 [6]; 2009 No 15, Sch 1.2 [1]–[4]; 2010 No 52, Sch 2.1 [15] [16]; 2018 No 73, Sch 2 [5]; 2018 No 2, Sch 1[3] [4].
6
Disposal of certain land by Corporation
6 Disposal of certain land by Corporation
6 Disposal of certain land by Corporation
For the purposes of section 11, any land that was acquired by the Commission and that becomes land of the Corporation by virtue of this Schedule shall be deemed to have been acquired by the Corporation.
7
Property acquired by gift etc
7 Property acquired by gift etc
7 Property acquired by gift etc
For the purposes of section 18, any property that was held by the Commission immediately before the appointed day by way of gift, devise or bequest, whether pursuant to section 19A of the Health Commission Act 1972 or otherwise, and that becomes property of the Corporation by virtue of this Schedule shall be deemed to have been acquired by the Corporation under section 12 of this Act, and any condition subject to which it was so held by the Commission shall be deemed to be a condition to which the Corporation has agreed.
sch 2A, hdg: Subst 1990 No 108, Sch 2; 2010 No 34, Sch 2.21 [4]
sch 2A: Ins 1990 No 12, Sch 2 (3). Am 2001 No 15, Sch 6.1; 2001 No 16, Sch 6.1; 2001 No 67, Sch 6.2; 2002 No 30, Sch 6.1; 2003 No 45, Sch 2.3; 2003 No 69, Sch 6.1; 2009 No 61, Sch 4.1. Subst 2010 No 34, Sch 2.21 [4]. Am 2013 No 47, Sch 1.13; 2013 No 111, Sch 1.5. Rep 2017 No 50, Sch 5.14 [2].
Schedule 3
Transfer of health employees
Schedule 3 Transfer of health employees
Schedule 3 Transfer of health employees
(Section 33)
sch 3: Am 1986 No 52, Sch 1 (4); 1990 No 16, Sch 2; 1991 No 94, Sch 1; 1994 No 32, Sch 1; 1996 No 121, Sch 4.26 [2]; 1997 No 154, Sch 6.16 [7]; 2016 No 45, Sch 1 [3].
Schedule 4
Medical Services Committee
Schedule 4 Medical Services Committee
Schedule 4 Medical Services Committee
(Section 20B)
sch 4: Ins 1984 No 109, Sch 1 (3). Am 1991 No 17, Sch 1; 2009 No 15, Sch 1.2 [5] [6]; 2013 No 24, Sch 1 [2]; 2016 No 45, Sch 1 [5]; 2017 No 22, Sch 4.22 [3].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Health Administration Act 1982.
2 Commencement
2 Commencement
2 Commencement
(1) Sections 1, 2, 33 and 34 and Schedule 3 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3
3 (Repealed)
3
s 3: Rep 1984 No 109, Sch 1 (1).
4 Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
Corporation means the Health Administration Corporation constituted by section 9.
Foundation means the New South Wales Health Foundation constituted by section 16.
Health Secretary means the Secretary of the Ministry.
health service means any medical, hospital, ambulance, paramedical, community health or environmental health service or any other service (including any service of a prescribed class or description) relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or injury to persons.
local health district means a local health district constituted under the Health Services Act 1997.
Ministry means the Ministry of Health.
regulations means regulations under this Act.
(1A) The expression “NSW Health” may be used to describe the Corporation, the Ministry and any other body and organisation under the control and direction of the Minister or the Health Secretary.
(2) A reference in this Act to an ambulance service is a reference to a service relating to the work of rendering first aid to, and the transport of, sick and injured persons.
(3) A reference in this Act to—
Division 6B (ss 20D–20K) and the entirely new Part 2A (ss 21A–21S, inserted 2018) establish two distinct protected-review regimes. Approved quality-assurance committees may assess and evaluate health services, report, and monitor implementation; their proceedings attract strict confidentiality (s 20G, maximum penalty 50 penalty units), evidentiary inadmissibility (s 20H), and personal liability protection (s 20J). Part 2A creates a two-stage incident-management process: preliminary risk assessment by appointed assessors (ss 21C–21F) followed, where warranted, by a serious adverse event review conducted by a multi-person team (ss 21G–21K). The review must identify how the incident occurred, causative factors, and “areas for review findings” (s 21H(2)). Recommendations reports may follow. Strict limits apply to disclosure of identities (s 21M(2)), recording or communication of information (s 21N, 50 penalty units), and admissibility in legal proceedings (ss 21O–21P). Immediate notification is required if a review identifies imminent serious harm (s 21I) or a performance or impairment issue concerning a health practitioner (s 21J).
The Medical Services Committee (Division 6A, ss 20A–20C) advises the Minister and Ministry on legislation and administrative arrangements affecting patients or medical practitioners (other than industrial matters). Schedule 4 governs its constitution and procedure. Advisory bodies may also be appointed under s 20.
Part 3 contains miscellaneous provisions: a general secrecy offence (s 22), specially privileged morbidity and mortality research authorisations that override coronial powers in defined circumstances (s 23), an information-exchange gateway between “health officials” (s 23A), offence proceedings only in the Local Court (s 24), good-faith protection from personal liability (s 25), and service and authentication rules (ss 26–27). Annual reporting obligations rest on the Health Secretary (s 28). Regulation-making power is conferred by s 34. Schedules 2 and 3 contain extensive transitional and employee-transfer rules arising from the 1982 restructuring.
In short, the Act both constitutes the administrative skeleton of NSW Health and supplies critical clinical-governance tools that privilege systemic learning over individual litigation or disciplinary exposure.
Who it affects
The legislation directly binds and empowers the Minister for Health, the Health Secretary, the Ministry of Health, the Health Administration Corporation, the NSW Health Foundation, and every “relevant health services organisation” defined in s 21B: local health districts, prescribed statutory health corporations, prescribed affiliated health organisations, and the Health Secretary in respect of ambulance and certain Chapter 10 services under the Health Services Act 1997.
Every approved quality-assurance committee (s 20E) and every serious adverse event review team or assessor appointed under Part 2A is subject to the confidentiality, evidentiary and immunity rules. Health practitioners (defined by cross-reference to the Health Practitioner Regulation National Law (NSW)) whose performance or impairment may be relevant to an incident are affected by the mandatory-notification obligations in s 21J and the prohibition on reviewer investigation of individual competence (s 21M(1)).
Patients, their families and carers may receive limited, de-identified information about incidents (s 21F(1)(d)) but are otherwise shielded by the non-disclosure rules. Private bodies, councils and individuals who provide or fund health services are indirectly affected through the Minister’s power to facilitate their involvement (s 8(2)(f)–(i)) and the Foundation’s grant-making capacity (s 17).
Employees of the NSW Health Service who support the Corporation (note to s 9(2A)) and members of the Medical Services Committee, subcommittees and other advisory bodies appointed under s 20 fall within the Act’s governance. Health-professional councils established under s 41B of the National Law have their accounts managed by the Corporation (s 13A). Researchers authorised under s 23 to conduct morbidity or mortality studies receive special evidentiary privileges.
Because the Act cross-references the Health Services Act 1997, the Private Health Facilities Act 2007 and the Public Health Act 2010, its practical reach extends to almost every public and many private health-service providers and regulators in New South Wales.
Key duties and rights
The Minister’s central duty is to formulate general health policies (s 5(1)) and may determine that any Ministerial function be exercised by the Corporation or through joint ventures (s 5A(1)). The Health Secretary must initiate surveys, plan services, promote research and education, and is subject to Ministerial direction except as to the content of recommendations or reports (s 8(3)).
Relevant health services organisations carry mandatory duties once an incident is reported: they must appoint assessors for a preliminary risk assessment if the incident is or may be a reportable incident or may indicate a serious systemic problem (s 21C(1)). If the assessment or the Health Secretary so requires, a serious adverse event review team must be appointed (s 21G(1)). The organisation must keep a written record of team members (s 21G(4)) and may direct preparation of a recommendations report after considering the initial findings (s 21H(3)).
Incident reviewers (assessors and team members) must act fairly and reasonably (s 21M(3)), must not investigate individual competence (s 21M(1)), and must immediately notify the organisation in writing of any imminent serious harm (ss 21E, 21I) or performance/impairment issues (s 21J). Reviewers are prohibited from recording or disclosing information except for statutory purposes or as permitted by regulation (s 21N).
Quality-assurance committees may assess services only if declared by Ministerial Gazette order after satisfaction of five statutory criteria (s 20E(2)). They must observe natural justice where relevant (s 20F(3)), must not disclose identities without consent (s 20F(2)), and their members enjoy qualified privilege in defamation and indemnity from the establishing organisation (s 20J).
The Corporation holds statutory rights to acquire and dispose of land (ss 10–11), accept gifts free of remoteness rules (s 12), and manage health-professional council accounts with investment powers under the Government Sector Finance Act 2018 (s 13A(4)). The Foundation may act as trustee and promote fundraising (s 17(4)).
Rights of review teams and assessors include protection from personal liability for good-faith acts (ss 20J, 21Q), evidentiary immunity (ss 20H, 21O–21P), and the ability to obtain additional members or discontinue reviews in defined circumstances (ss 21G(3A), 21K).
Patients and practitioners have the negative right that reviewer reports and advice are generally inadmissible (s 21P) and that identities will not be disclosed without consent (s 21M(2)), subject to the performance-notification carve-out in s 21J.
Penalties and enforcement
The Act creates two offence provisions carrying 50 penalty units. Section 20G prohibits a current or former quality-assurance committee member from recording, divulging or communicating information acquired as a member except for statutory functions or in accordance with regulations. Section 21N imposes the identical prohibition on current or former incident reviewers.
Section 22 creates a broader secrecy offence (10 penalty units or six months’ imprisonment) for unauthorised disclosure of information obtained in the administration of the Act or any other Act conferring functions on the Minister, Ministry, Health Secretary, Corporation or Foundation. Section 23(3) mirrors this penalty for unauthorised disclosure of morbidity or mortality research information.
Enforcement is by prosecution in the Local Court only (s 24). No specific investigative or audit powers are created in the Act itself; instead s 21S(g)–(h) contemplates regulations for notification to and information exchange with bodies exercising functions under Part 4 of the Private Health Facilities Act 2007.
Civil enforcement occurs indirectly through the Corporation’s capacity to sue and be sued (s 9(2)(c)) and through the contractual and property powers in ss 10–13. Ministerial approval is a statutory precondition to land dealings (ss 10(1), 11(1)) and certain declarations under s 18(4); breach would render the transaction ultra vires.
Indemnities and good-faith defences (ss 20J, 21Q, 25) operate as shields rather than penalties. The Act contains no civil penalty regime or infringement-notice scheme.
How it interacts with other laws
The Act is expressly designed to sit atop a web of health legislation. The definition of “health service” in s 4(1) mirrors language used in the Health Services Act 1997. “Local health district”, “statutory health corporation” and “affiliated health organisation” are all defined by cross-reference to that Act (ss 4(1), 21B). Part 2A applies only to incidents involving those organisations or ambulance services under Chapter 5A or Part 1A of Chapter 10 of the Health Services Act 1997 (s 21B).
The Corporation’s land-acquisition powers are expressly tied to the Land Acquisition (Just Terms Compensation) Act 1991 and the Public Works Act 1912 (s 10). Sections 10(3)–(6) modify the operation of the latter statute. Land-disposal powers in s 11 interact with Crown grant trusts and forfeiture rules.
Quality-assurance and incident-review confidentiality provisions overlay the Health Practitioner Regulation National Law (NSW). Section 21J requires notification to the relevant organisation of performance or impairment issues even without practitioner consent; that information may then be passed to the Health Care Complaints Commission or a National Board. The evidentiary immunity in s 21O(2)(b) permits disclosure to a person or body approved by the Health Secretary to audit reviews.
Account-management functions in s 13A expressly reference the Health Practitioner Regulation National Law (NSW), the Government Sector Employment Act 2013 and the Government Sector Finance Act 2018. Investment powers differ according to whether the Corporation is a GSF agency (s 13A(4)).
The specially privileged research authorisations in s 23 override aspects of the Coroners Act 2009 (ss 23(5)–(6)). The information-exchange gateway in s 23A authorises disclosure between officials exercising functions under the Assisted Reproductive Technology Act 2007, Health Care Complaints Act 1993, Poisons and Therapeutic Goods Act 1966, Private Health Facilities Act 2007, Public Health Act 2010 and any prescribed Act.
Delegation rules in s 21 are expressed to be additional to, and not in derogation of, any other statutory delegation power (s 21(11)). Transitional provisions in Schedule 2 preserve the effect of amendments made by the original cognate Acts.
The Act therefore functions as both a constitutive statute and a procedural overlay that modifies evidentiary and confidentiality rules across the entire health regulatory landscape.
Recent changes and why
The most significant structural change occurred in 2018 with the insertion of Part 2A (Health Legislation Amendment Act 2018 Sch 1[2]). Division 6C (the former root-cause-analysis provisions) was repealed and replaced by a two-stage model of preliminary risk assessment followed by serious adverse event review. The 2018 amendments extended the new Part to incidents occurring before commencement (cl 21 of Schedule 2) but preserved existing RCA teams under the old law (cl 22). The changes were designed to clarify triggers for review, strengthen immediate-notification obligations for imminent harm and practitioner issues, and rationalise evidentiary protections into a single set of provisions (ss 21O–21P) that apply to both assessors and review-team members.
Section 21G was further amended in 2023 (Health Legislation Amendment Act 2023 Sch 1[1]–[2]) to permit replacement of team members and additional appointments where necessary for timely completion, reflecting practical difficulties experienced with fixed teams.
Section 13A has been amended multiple times to update references to public-finance legislation (Government Sector Finance Act 2018, Government Sector Employment Act 2013) and to clarify the Corporation’s role as deemed employer for council staff costs.
The 2010 amendments (Health Legislation Amendment Act 2010) refined RCA reporting obligations and extended evidentiary immunity to documents prepared before the amendments, responding to early litigation uncertainty about the scope of protection.
The overall legislative trajectory shows a move from pure administrative restructuring in 1982 toward a modern clinical-governance statute that privileges systemic learning, immediate risk mitigation and controlled information flow between regulators.
Court challenges and controversies
The source text itself does not record specific court decisions. However, the structure of the quality-assurance and incident-review provisions reveals the legislative response to recurring tensions. Sections 20H, 20I, 21O and 21P create absolute or near-absolute evidentiary shields. The policy choice to render reviewer advice and reports inadmissible (s 21P(1)) even in coronial or civil proceedings (subject only to proceedings against the reviewer) has attracted criticism from plaintiff lawyers who argue it reduces transparency and accountability. Conversely, health-sector stakeholders maintain that without these protections candid discussion of adverse events would cease, undermining the very purpose of the legislation.
The distinction drawn in s 21J between mandatory notification for professional misconduct, unsatisfactory professional conduct or impairment, and discretionary notification for unsatisfactory professional performance, reflects a compromise between protecting the public and preserving the review’s non-punitive character. The prohibition on investigating individual competence (ss 20F(1), 21M(1)) is designed to prevent “dual purpose” reviews that could later be challenged as disciplinary inquiries in disguise.
Section 23’s override of certain coronial powers in anaesthetic-death cases has been controversial in the past because it limits the coroner’s access to morbidity-research data even when a death is reportable. The provision was retained when the Coroners Act 2009 replaced the 1980 Act, indicating continued legislative preference for research confidentiality.
No textual indication is given of constitutional challenges; the Corporation’s status as a statutory body representing the Crown (s 9(2)(f)) and the Minister’s ability to exercise functions through the Corporation (s 5A) have been drafted to avoid Executive/Crown separation arguments.
Gotchas
Most practitioners assume that once a serious adverse event review is commenced it must run to completion and produce recommendations. Section 21K permits the organisation to authorise discontinuation where the review team has identified a performance or impairment issue that substantially caused the incident and no other root causes are likely. The reviewer may then simply stop; many organisations fail to document the authorisation, exposing the process to later challenge.
The identity non-disclosure rule in s 21M(2) is qualified by “as far as is practicable”. Organisations sometimes over-redact, rendering reports useless, or under-redact, breaching the section. The obligation is to take reasonable steps when giving information to patients or carers under s 21F(1)(d); “reasonable steps” is not defined and has not been the subject of regulatory guidance in the Act.
Section 21J(1) requires written advice “as soon as practicable” once the team forms the opinion that a performance or impairment issue (other than unsatisfactory professional performance) “may” exist. The threshold is low; waiting for certainty can breach the duty. Conversely, notifying too early without sufficient material risks defamation claims, yet the qualified privilege in s 21Q(2) is available only if the statement is made in the exercise of reviewer functions.
The Corporation’s inability to employ staff (s 9(2A)) is often overlooked when drafting service contracts; any staff supporting the Corporation must be NSW Health Service employees whose costs may be charged to council accounts under s 13A(3).
Schedule 2 cl 21 provides that Part 2A applies to pre-commencement incidents. Organisations have inadvertently destroyed contemporaneous RCA documentation believing the old evidentiary regime no longer applied, only to discover the new protections still attach.
Finally, the “dominant purpose” test in s 21O(1) for evidentiary immunity is narrower than the “sole purpose” test that appeared in earlier versions of root-cause-analysis legislation. Documents prepared for multiple purposes may fall outside protection even if one purpose was review.
How to comply
Compliance begins with robust incident-reporting policies that define when an incident is “reported” to the chief executive or nominated officer (s 21R). Organisations should maintain a register that records the precise time and person to whom every potentially reportable incident is notified.
A standing panel of suitable assessors should be pre-appointed so that a preliminary risk assessment can commence within hours (s 21C). Assessors must be chosen for objectivity and expertise; using staff directly involved in the incident risks breaching the “reasonably considers can properly carry out” test in s 21C(3).
Organisations must have a written procedure for deciding whether to convene a serious adverse event review team after receiving assessor advice. The decision must be documented, particularly where the Health Secretary has directed a review. Team members should sign conflict-of-interest declarations; the power to replace or add members (s 21G(3A)) should be exercised promptly when workload or expertise gaps appear.
All review-team communications must be marked “Prepared for the dominant purpose of a serious adverse event review under the Health Administration Act 1982” to maximise s 21O protection. Separate clinical records must be kept; reviewers must not annotate original medical records.
When a performance or impairment issue is identified, the exact wording of s 21J(3) must be followed: the written advice must disclose the practitioner’s identity, the nature of the concern, and the specific category (professional misconduct, unsatisfactory professional conduct, unsatisfactory professional performance or impairment). Failure to categorise correctly can invalidate subsequent regulatory action.
Organisations should maintain a central secure repository for all reviewer advice and reports. Access should be logged. Disclosure outside the permitted categories in s 21F(1) or s 21N risks both the 50-penalty-unit offence and loss of privilege.
Quality-assurance committees must be declared by Gazette order after the Minister is satisfied of the five criteria in s 20E(2). Terms of reference must expressly exclude individual competence investigations (s 20F(1)). Minutes must record that natural justice was afforded where relevant.
Annual training for all incident reviewers on the exact limits of s 21N is advisable. Contracts with external experts appointed to review teams should contain indemnity and confidentiality clauses mirroring the statutory protections.
Finally, legal sign-off should be obtained before any proposed disclosure to a law-enforcement agency, regulatory body or coroner. The interaction with s 23 research authorisations and coronial non-compellability must be checked in every death-related review.
By embedding these operational controls, organisations convert the Act’s complex protective architecture into a practical clinical-governance system that satisfies both the letter and the policy intent of the legislation.
(a) a function includes a reference to a power, authority and duty, and
(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
s 4: Am 1986 No 52, Sch 1 (1); 1990 No 16, Sch 2; 1991 No 17, Sch 1; 1996 No 30, Sch 2; 1997 No 154, Sch 6.16 [1]; 2006 No 2, Sch 3 [1]; 2010 No 52, Sch 3.3; 2010 No 97, Sch 2.10 [1]; 2011 No 4, Sch 2.12 [1]; 2016 No 45, Sch 1 [2] [3].
Part 2 Administration
Part 2 Administration
Part 2 Administration
Division 1 The Minister
Division 1 The Minister
Division 1 The Minister
5 Functions of the Minister
5 Functions of the Minister
5 Functions of the Minister
(1) The Minister may formulate general policies, in accordance with which the functions of the Minister, Ministry, Health Secretary, Corporation and Foundation are to be exercised, for the purpose of promoting, protecting, developing, maintaining and improving the health and well-being of the people of New South Wales to the maximum extent possible having regard to the needs of and financial and other resources available to the State.
(2) The Minister may—
(a) provide, conduct, operate and maintain and, where necessary, improve and extend any health service or any ancillary or incidental service and arrange for the construction of any buildings or works necessary for or in connection with any such service,
(b) enter into any agreement or arrangement for any other person to provide, conduct, operate and maintain any health service, and
(c) do such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of the functions under the foregoing provisions of this subsection.
(3) Nothing in this section takes away or affects any function that the Minister has apart from this section.
s 5: Am 2016 No 45, Sch 1 [3].
5A Exercise of Minister’s functions through Corporation, joint ventures or other associations
5A Exercise of Minister’s functions through Corporation, joint ventures or other associations
5A Exercise of Minister’s functions through Corporation, joint ventures or other associations
(1) A function of the Minister may, if the Minister so determines, be exercised—
(a) by the Corporation, or
(b) by the Minister (or by the Corporation) in a partnership, joint venture or other association with other persons or bodies.
(2) A function of the Minister that is exercisable in relation to anything belonging to, or controlled by, the Minister is also exercisable in relation to anything belonging to, or controlled by, the Corporation.
(3) Nothing in this section prevents the Minister from exercising a function in his or her capacity as the Minister and entering into contracts or doing other things on behalf of the Crown.
s 5A: Ins 2006 No 2, Sch 3 [2].
Division 2
Division 2
6, 7 (Repealed)
pt 2, div 2: Rep 2006 No 2, Sch 3 [3].
s 6: Rep 2006 No 2, Sch 3 [3].
s 7: Am 1986 No 52, Sch 1 (2); 1990 No 16, Sch 2; 1995 No 11, Sch 1; 1997 No 154, Sch 6.16 [2]. Rep 2006 No 2, Sch 3 [3].
Division 3 The Health Secretary
Division 3 The Health Secretary
Division 3 The Health Secretary
8 Functions of the Health Secretary
8 Functions of the Health Secretary
8 Functions of the Health Secretary
(1) The Health Secretary shall have and may exercise such functions as are conferred or imposed on the Health Secretary by or under this or any other Act.
(2) The Health Secretary shall have and may exercise the following functions—
(a) to initiate, promote, commission and undertake surveys and investigations into—
(i) the health needs of the people of New South Wales,
(ii) the resources of the State available to meet those needs, and
(iii) the methods by which those needs should be met,
(b) to inquire into the nature, extent and standards of the health services, facilities and personnel required to meet the health needs of the people of New South Wales and to determine the cost of meeting those needs,
(c) to plan the provision of comprehensive, balanced and co-ordinated health services throughout New South Wales,
(d) to formulate the programs and methods by which the health needs of the people of New South Wales may be met,
(e) to undertake, promote and encourage research in relation to any health service,
(f) to facilitate the provision of health services by any council (within the meaning of the Local Government Act 1993) or by any other body or person,
(g) to facilitate the provision by any Public Service agency, statutory authority, other body or person of social welfare services necessary or desirable to complement any health service,
(h) to promote and facilitate the provision of the professional, technical or other education or training of any persons employed or to be employed in the provision of any health service,
(i) to promote and facilitate a system of health care for the people of New South Wales provided by private bodies, institutions, associations and persons, as well as by the State and public bodies,
(j) to do such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of the Health Secretary’s functions under the foregoing provisions of this subsection.
(3) The Health Secretary is, in the exercise of functions conferred or imposed on the Health Secretary by or under any Act administered by the Minister for Health, subject to the control and direction of the Minister, except in relation to the contents of a recommendation or report made by the Health Secretary to the Minister.
s 8: Am 1995 No 11, Sch 1; 2017 No 22, Sch 4.22 [1].
8A Exercise of Health Secretary’s functions through Corporation, joint ventures or other associations
8A Exercise of Health Secretary’s functions through Corporation, joint ventures or other associations
8A Exercise of Health Secretary’s functions through Corporation, joint ventures or other associations
(1) A function of the Health Secretary may, if the Health Secretary so determines, be exercised—
(a) by the Corporation, or
(b) by the Health Secretary (or by the Corporation) in a partnership, joint venture or other association with other persons or bodies.
(2) A function of the Health Secretary that is exercisable in relation to anything belonging to, or controlled by, the Health Secretary is also exercisable in relation to anything belonging to, or controlled by, the Corporation.
(3) Nothing in this section prevents the Health Secretary from exercising a function in his or her capacity as the Health Secretary and entering into contracts or doing other things on behalf of the Crown.
s 8A: Ins 2006 No 2, Sch 3 [4].
Division 4 The Corporation
Division 4 The Corporation
Division 4 The Corporation
9 Corporation
9 Corporation
9 Corporation
(1) The Health Secretary is, for the purpose of exercising the functions expressed to be conferred or imposed on the Corporation by or under this or any other Act, hereby incorporated as a corporation sole with the corporate name “Health Administration Corporation”.
(2) The Corporation—
(a) has perpetual succession,
(b) shall have an official seal,
(c) may take proceedings, and be proceeded against in its corporate name,
(d) subject to this Act, may, for the purposes for which it is constituted, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property,
(e) may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the Corporation is constituted, and
(f) is, for the purpose of any Act, a statutory body representing the Crown.
(2A) However, the Corporation cannot employ any staff.
Note—
Staff may be employed under Part 1 of Chapter 9 of the Health Services Act 1997 in the NSW Health Service to enable the Corporation to exercise its functions under this or any other Act.
(3) The regulations may make provision for or with respect to—
(a) the custody and use of the seal of the Corporation, and
(b) the keeping of records concerning the acts, decisions and proceedings of the Corporation.
(4) All courts and persons acting judicially—
(a) shall take judicial notice of the seal of the Corporation that has been affixed to any instrument or document, and
(b) shall, until the contrary is proved, presume that the seal was properly affixed.
(5) The Corporation is subject to the control and direction of the Minister.
s 9: Am 2006 No 2, Sch 3 [5].
10 Acquisition of land by Corporation
10 Acquisition of land by Corporation
10 Acquisition of land by Corporation
(1) The Corporation, with the approval of the Minister and subject to such terms and conditions as the Minister may attach to the approval, may, for the purpose of the exercise by the Minister, Ministry, Health Secretary, Corporation or Foundation of their functions, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) Without limiting the generality of subsection (1), the Corporation may acquire in any manner authorised by subsection (1)—
(a) any land of which that proposed to be acquired under this section forms part, and
(b) any land adjoining or in the vicinity of any land proposed to be acquired under this section.
(3) For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be for an authorised work and the Corporation is, in relation to that authorised work, taken to be the Constructing Authority.
(4) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act.
(5) (Repealed)
(6) Nothing in this section affects any operation that the Public Works Act 1912 would have if this section had not been enacted and the Corporation had not been constituted.
s 10: Am 1992 No 34, Sch 2; 2016 No 45, Sch 1 [3].
11 Disposal of land by Corporation
11 Disposal of land by Corporation
11 Disposal of land by Corporation
(1) The Corporation may, with the approval of the Minister and subject to such terms and conditions as the Minister may attach to the approval, sell, lease, exchange or otherwise deal with or dispose of land that has been acquired by the Corporation under this or any other Act, or any part thereof, and may, with the like approval and subject to the like terms and conditions, grant easements or rights-of-way over any such land so acquired or any part thereof.
(2) The Corporation may request the Minister to give approval to (and the Minister may approve) a disposition of land, being a disposition—
(a) that is contrary to a provision of, or a trust arising under, the Crown grant of that land, or
(b) that, if this section had not been enacted, may make the land liable to be forfeited to the Crown.
(3) If the Minister has given an approval under this section to a disposition of land, the disposition of the land—
(a) is not to be regarded as a breach of any provision of, or any trust arising under, the Crown grant of that land, and
(b) does not make the land liable to be forfeited to the Crown.
s 11: Am 2013 No 24, Sch 1 [1].
12 Power to accept gifts etc
12 Power to accept gifts etc
12 Power to accept gifts etc
(1) The Corporation may acquire, for any purpose connected with—
(a) the provision of any health service, or
(b) any of the functions of the Minister, Ministry, Health Secretary or Corporation,
any property by gift, devise or bequest and may agree to and carry out the conditions of any such gift, devise or bequest.
(2) The rule of law against remoteness of vesting shall not apply to any such condition to which the Corporation has agreed.
s 12: Am 2016 No 45, Sch 1 [3].
13 Contracts of Corporation
13 Contracts of Corporation
13 Contracts of Corporation
(1) The Corporation may make and enter into contracts or agreements with any person for the performance of services, or for the supply of goods, plant, machinery or material with respect to the exercise by the Minister, Ministry, Health Secretary, Corporation or Foundation of their functions under this or any other Act.
(2) Any such contract or agreement shall be deemed, for the purposes of the Constitution Act 1902, to be a contract or agreement for or on account of the Public Service of New South Wales.
(3) The Corporation may, on such terms and conditions as may be agreed upon, sell or let out on hire any goods, plant, machinery or material acquired by it under this or any other Act.
s 13: Am 2016 No 45, Sch 1 [3].
13A Corporation to manage accounts of health professional councils
13A Corporation to manage accounts of health professional councils
13A Corporation to manage accounts of health professional councils
(1) The Co
This is an opening excerpt, not the complete document.