New South Wales act

Health Services Act 1997

In ForceNSW

Jurisdiction

New South Wales

Act Number

154 of 1997

Collection

act

Plain English Summary

8/10 complexity

This Act restructures the State public‑health system: it creates local health districts, statutory health corporations and recognises affiliated providers; sets governance (boards, CEOs) and central oversight by the Minister and Health Secretary; regulates visiting practitioner contracts; establishes fee‑setting and debt‑recovery (including ambulance fees); and provides funding, inspection and inquiry powers.

It affects public hospitals and affiliates, board members, senior executives, visiting practitioners and patients (who may face non‑Medicare fees), and matters because it centralises control, prescribes operational and reporting rules, and alters employment and recovery procedures.

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Deep Dive

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What it does

The Health Services Act 1997 (NSW) (the Act) establishes the statutory architecture for the delivery, governance, and funding of the public health system in New South Wales. At its core, the Act defines the public health system as comprising local health districts, statutory health corporations, affiliated health organisations (in respect of their recognised establishments and services), and the Health Secretary in respect of ambulance services and certain statewide functions (s 6). It then allocates functions, duties, and powers among these entities while imposing overarching obligations of efficiency, quality, and community consultation.

The objects in s 4 are foundational. They include constituting local health districts to deliver area-based services and to be recognised as health networks under the National Health Reform Agreement (s 4(a)); creating statutory health corporations for non-area-based services (s 4(b)); recognising affiliated health organisations that make a significant non-government contribution (s 4(c)); enabling certain corporations and organisations to be treated as health networks (s 4(c1)); reaffirming Medicare Principles for free public hospital care based on clinical need (s 4(d)); regulating visiting medical officers (s 4(e)); facilitating staff transfers and avoiding redundancies (s 4(f)); requiring disclosure of serious sex or violence offences or misconduct findings by visiting practitioners and staff (s 4(g)–(h)); providing for funding (s 4(i)); and enabling inquiries, inspections, and resource transfers (s 4(j)). These objects are not merely aspirational; they inform the interpretation of all subsequent provisions (see Interpretation Act 1987 s 33, cross-referenced in s 3).

Part 2 of Chapter 2 defines key concepts. A “public health organisation” is a local health district, statutory health corporation, or affiliated health organisation in respect of its recognised establishments and services (s 7). “Public hospitals” are those controlled by any of these or by the Crown (s 15). The Act then devotes separate chapters to each pillar. Chapter 3 constitutes local health districts (s 17), specifies their areas by reference to local government boundaries or descriptions in Sch 1 (s 18), and sets their primary purposes (relief of the sick and promotion of community health—s 9) and extensive functions (s 10). These functions range from direct service delivery and standards maintenance to planning, research, community consultation, and cooperation with the Health Care Complaints Commission and other agencies. The chapter also provides for chief executives (ss 23–25), boards with mixed clinical, financial, and community expertise (ss 26–29), and operational powers including property acquisition, contracts, and by-laws (ss 34–39).

Current sections

Direct links to the current provisions in Health Services Act 1997.

274

Name of Act

1 Name of Act

This Act is the Health Services Act 1997.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Definitions

3 Definitions

Expressions used in this Act (or in a particular provision of this Act) that are defined in the Dictionary at the end of the Act have the meanings set out in the Dictionary.

Note.

Expressions used in this Act (or a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.

Objects of Act

4 Objects of Act

The objects of this Act are—

(a) to establish a system of local health districts for the whole of the State to deliver health services and to enable their recognition as health networks for the purposes of the National Health Reform Agreement, and

(b) to constitute statutory health corporations to deliver health services and health support services other than on the basis of a specified area, and

(c) to recognise as affiliated health organisations certain non-government institutions and organisations that provide health services and health support services within the State that contribute significantly to the public health system, and

(c1) to enable the recognition of some statutory health corporations and affiliated health organisations as health networks for the purposes of the National Health Reform Agreement, and

(d) to re-affirm the adoption of the Medicare Principles and Commitments as guidelines for the delivery of public hospital services (within the meaning of section 23E of the Health Insurance Act 1973 of the Commonwealth) and to facilitate the collection of fees from patients of public health organisations in respect of services received by them that are not required to be provided free of charge under the Medicare Agreement, and

(e) to regulate the conditions of contracts of visiting medical officers appointed by public health organisations, and

(f) to facilitate transfers of staff within the public health system and to avoid unnecessary staff redundancies, and

(g) to require visiting practitioners and staff in the public health system to disclose any charge or conviction for a serious sex or violence offence or of a misconduct finding (such as findings of professional misconduct or unsatisfactory professional conduct), and

(h) to specify the action that may be taken in relation to convictions for serious sex or violence offences committed by visiting practitioners or staff in the public health system, and

(i) to make provision for the funding of public health organisations, and

(j) to facilitate the efficient and effective administration of the public health system generally by providing mechanisms for such matters as inquiries, inspections and transfers of resources.

s 4: Am 2006 No 2, Sch 2 [1] [2]; 2010 No 97, Sch 1.1 [1] [2]; 2011 No 4, Sch 1.2 [2]; 2012 No 36, Sch 1 [1].

Notes

5 Notes

Introductions to Chapters and other notes included in this Act are explanatory notes and do not form part of this Act.

s 5: Am 2004 No 92, Sch 2 [2]; 2015 No 58, Sch 3.41 [1].

What is the public health system?

6 What is the public health system?

For the purposes of this Act, the public health system consists of—

(a) all the local health districts, and

(b) all the statutory health corporations, and

(c) all the affiliated health organisations in respect of their recognised establishments and recognised services, and

(d) the Health Secretary in respect of the provision of ambulance services under Chapter 5A and the provision of services under Part 1A of Chapter 10.

s 6: Am 2004 No 87, Sch 2 [1]; 2006 No 2, Sch 2 [4]; 2010 No 97, Sch 1.1 [3].

What is a public health organisation?

7 What is a public health organisation?

A public health organisation is—

(a) a local health district, or

(b) a statutory health corporation, or

(c) an affiliated health organisation in respect of its recognised establishments and recognised services.

What is a local health district?

8 What is a local health district?

(1) A local health district is a local health district constituted under section 17 and specified from time to time in Schedule 1.

(2) The principal reason for constituting local health districts is to facilitate the conduct of public hospitals and health institutions and the provision of health services for residents of the areas of the State in respect of which the districts are constituted.

s 8: Am 2010 No 97, Sch 1.1 [4], 1.2 [2].

Primary purposes of local health districts

9 Primary purposes of local health districts

(cf AHS Act s 19)

The primary purposes of a local health district in its area are as follows—

(a) to provide relief to sick and injured persons through the provision of care and treatment,

(b) to promote, protect and maintain the health of the community.

Functions of local health districts

10 Functions of local health districts

(cf AHS Act ss 19 and 20)

The functions of a local health district are as follows—

(a) generally to promote, protect and maintain the health of the residents of its area,

(b) to conduct and manage public hospitals, health institutions, health services and health support services under its control,

(c) to give residents outside its area access to such of the health services it provides as may be necessary or desirable,

(d) to achieve and maintain adequate standards of patient care and services,

(e) to ensure the efficient and economic operation of its health services and health support services and use of its resources,

(f) generally to consult and co-operate (as it considers appropriate) with any one or more of the following—

(i) the Health Care Complaints Commission constituted under the Health Care Complaints Act 1993,

(ii) health professionals practising in its area,

(iii) other individuals and organisations (including voluntary agencies, private agencies and public or local authorities) concerned with the promotion, protection and maintenance of health,

(f1) to co-operate with other local health districts and the Health Secretary in relation to the provision of services involving more than one public health organisation or on a State-wide basis,

(g) to investigate and assess health needs in its area,

(h) to plan future development of health services in its area, and, towards that end—

(i) to consult and plan jointly with the Ministry of Health and such other organisations as it considers appropriate, and

(ii) to support, encourage and facilitate the organisation of community involvement in the planning of those services, and

(iii) to develop strategies to facilitate community involvement in the planning of those services and to report on the implementation of those strategies in annual reports and to the Minister,

(i) to establish and maintain an appropriate balance in the provision and use of resources for health protection, health promotion, health education and treatment services,

(j) to provide services to persons with whom it has contracted or entered into an agreement under section 37(2),

(k) to administer funding for recognised establishments and recognised services of affiliated health organisations where that function has been delegated to it by the Minister under section 129,

(l) to provide training and education relevant to the provision of health services,

(m) to undertake research and development relevant to the provision of health services,

(n) to make available to the public information and advice concerning public health and the health services available within its area,

(o) to carry out such other functions as are conferred or imposed on it by or under this or any other Act or as may be prescribed by the regulations.

s 10: Am 2001 No 56, Sch 2.21; 2010 No 97, Sch 1.1 [5]; 2015 No 58, Sch 3.41 [2].

What is a statutory health corporation?

11 What is a statutory health corporation?

(1) A statutory health corporation is a statutory health corporation constituted under section 41 and specified from time to time in Schedule 2.

(2) The principal reason for constituting statutory health corporations is to enable certain health services and health support services to be provided within the State other than on an area basis.

Note.

Statutory health corporations are intended to replace the system of incorporated hospitals and corporatised boards of directors of associated organisations established under Part 4 and Division 2 of Part 5A of the Public Hospitals Act 1929 respectively.

Functions of statutory health corporations

12 Functions of statutory health corporations

(cf PH Act ss 27A and 29I)

A statutory health corporation has the following functions—

(a) to conduct public hospitals or health institutions or to provide health services or health support services (or any combination of these),

(b) to conduct such public hospitals and health institutions and provide such health services or health support services as the Minister determines from time to time under section 53,

(c) to achieve and maintain an adequate standard in the conduct of any public hospital or health institution, or the provision of a health service or health support service, under its control,

(d) to ensure the efficient and economic operation of any such public hospital, health institution, health service or health support service,

(e) to carry out such other functions as are conferred or imposed on it by or under this or any other Act or as may be prescribed by the regulations.

What is an affiliated health organisation?

13 What is an affiliated health organisation?

(1) An affiliated health organisation is an organisation or institution that is an affiliated health organisation under section 62.

(2) An organisation or institution is an affiliated health organisation only in relation to any of its recognised establishments or recognised services.

Note.

The Dictionary defines a recognised establishment of an affiliated health organisation to mean a hospital or health institution of the organisation that is listed in column 2 of Schedule 3 next to its name. It also defines a recognised service of an affiliated health organisation to mean a health service or health support service of the organisation that is listed in column 2 of Schedule 3 next to its name.

(3) The principal reason for recognising affiliated health organisations is to enable certain non-profit, religious, charitable or other non-government organisations and institutions to be treated as part of the public health system where they control hospitals, health institutions, health services or health support services that significantly contribute to the operation of that system.

Note.

Affiliated health organisations are intended to replace the system of separate institutions and associated organisations recognised under Part 5AA and section 29B(1)(a) of the Public Hospitals Act 1929, respectively.

Functions of affiliated health organisations

14 Functions of affiliated health organisations

(cf PH Act s 29AD)

The functions of an affiliated health organisation are as follows—

(a) to achieve and maintain an adequate standard in the conduct of its recognised establishments and the provision of its recognised services,

(b) to ensure the efficient and economic operation of those establishments and services,

(c) to carry out such other functions as are conferred or imposed on it by or under this or any other Act or as may be prescribed by the regulations.

What is a public hospital?

15 What is a public hospital?

A public hospital is—

(a) a hospital controlled by a local health district, or

(b) a hospital controlled by a statutory health corporation, or

(c) a hospital that is a recognised establishment of an affiliated health organisation, or

(d) a hospital controlled by the Crown (including the Minister or the Health Administration Corporation).

Note.

Clause 2 of Part 2 of the Dictionary provides that a reference in this Act to a hospital controlled by a public health organisation or any other body or person includes a reference to a hospital that is conducted by or on behalf of such an organisation, body or person.

16

16 (Repealed)

Part 1

Constitution of local health districts

Part 1 Constitution of local health districts

Constitution of local health districts

17 Constitution of local health districts

(1) There are constituted by this section such local health districts as are specified from time to time in column 1 of Schedule 1.

(2) A local health district is a body corporate with the corporate name specified in column 1 of Schedule 1.

s 17: Subst 2011 No 4, Sch 1.1 [1].

Areas in respect of which local health districts constituted

18 Areas in respect of which local health districts constituted

(cf AHS Act ss 4 and 7)

(1) The area in respect of which a local health district is constituted is—

(a) if the area comprises a local government area (or part of a local government area) or a local government area constituted as a city (or a part of such a city)—the local government area (or part of a local government area) or city (or part of a city) described in column 2 of Schedule 1 in relation to the local health district, or

(b) if the area comprises an area other than a local government area (or part of a local government area)—the area described in any manner (including by reference to a description contained in another document) in column 3 of Schedule 1 in relation to the local health district.

(2) A reference in column 2 of Schedule 1 to a part of a local government area is a reference to such part of the local government area as is described by the regulations for the purposes of that reference.

(3) A reference in column 3 of Schedule 1 to the unincorporated area is a reference to such part of the land within the Western Division of the State as is not within a local government area.

Amendment of Schedule 1 (Names and areas of local health districts)

19 Amendment of Schedule 1 (Names and areas of local health districts)

(cf AHS Act ss 6 and 8)

(1) The Governor may, by order published on the NSW legislation website—

(a) amend column 1 of Schedule 1 by inserting, altering or omitting the name of a local health district, or

(b) amend column 2 or 3 (or both) of Schedule 1 by inserting, altering or omitting a description of the area in respect of which a local health district is (or was) constituted, or

(c) omit Schedule 1 and insert instead a Schedule containing the names of local health districts and descriptions of the areas in respect of which the local health districts are constituted.

(2) If an area in respect of which a local health district is constituted—

(a) is described by reference to a local government area that is constituted as a city, and

(b) the name of the city (but not the boundaries) is changed,

a reference in column 2 of Schedule 1 to the old name of the city is taken to include a reference to the new name of the city.

(3) The boundaries of the area in respect of which a local health district that is described by reference to any local government area or part of any local government area are unaffected by a change in the boundaries of the local government area and, for that purpose, the boundaries of the local government area are taken to remain the same as they were when reference to the local government area was included in column 2 of Schedule 1.

s 19: Am 2009 No 56, Sch 4.27.

Dissolution, amalgamation or change of name of local health districts

20 Dissolution, amalgamation or change of name of local health districts

(cf AHS Act s 9)

(1) The Governor may, by order published on the NSW legislation website—

(a) dissolve a local health district, or

(b) amalgamate 2 or more local health districts, or

(c) change the name of a local health district,

and may, in the order, amend Schedule 1 accordingly.

(2) An order under this section must specify the date (being a date that is on or after the date it is published on the NSW legislation website) on which it takes effect. However, if no date is specified in the order, the order is taken to have specified the date on which it is published on the NSW legislation website as the date on which it takes effect.

(3) An order is not to be made under this section unless the Minister is of the opinion that the order is in the public interest and has recommended to the Governor that the order be made.

(4) A dissolution, amalgamation or change of name under this section may be effected without holding an inquiry.

Note.

Part 3 of Chapter 10 provides for the transfer by order of the Governor of public hospitals, health institutions, health services, health support services and property between local health districts and statutory health corporations.

Section 116 provides for the transfer of staff between public health organisations.

s 20: Am 2009 No 56, Sch 4.27.

Consequential and transitional provisions on the making of orders

21 Consequential and transitional provisions on the making of orders

(cf AHS Act s 10)

(1) Schedule 4 has effect with respect to orders made under this Part.

(2) An order under this Part may contain provisions, not inconsistent with the provisions of or made under Schedule 4, of a savings and transitional nature consequent on the making of the order.

Provisions relating to the corporate nature of local health districts

22 Provisions relating to the corporate nature of local health districts

(cf AHS Act s 11)

(1) A local health district—

(a) has perpetual succession, and

(b) is to have an official seal, and

(c) may take proceedings, and be proceeded against, in its corporate name, and

(d) may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the local health district is constituted, and

(e) does not represent the Crown.

Note.

Section 150(1) of the Evidence Act 1995 provides for judicial notice to be taken in relation to a seal of any body established under an Act.

(2) However, a local health district cannot employ any staff.

Note.

Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable a local health district to exercise its functions.

s 22: Am 2006 No 2, Sch 2 [6].

Part 2

Control and management of local health districts

Part 2 Control and management of local health districts

ch 3, pt 2: Subst 2004 No 92, Sch 1 [2].

Division 1

The chief executive

Division 1 The chief executive

ch 3, pt 2, div 1, hdg: Ins 2004 No 92, Sch 1 [2].

Appointment of chief executive

23 Appointment of chief executive

(1) A chief executive is to be appointed for each local health district by the local health district board with the concurrence of the Health Secretary.

(2) Any such chief executive is employed in the NSW Health Service and is a NSW Health Service senior executive.

s 23: Subst 2004 No 92, Sch 1 [2]. Am 2006 No 2, Sch 2 [7] [8]. Subst 2016 No 2, Sch 2 [1].

Chief executive to manage and control affairs of local health district

24 Chief executive to manage and control affairs of local health district

(1) The affairs of a local health district are to be managed and controlled by the chief executive of the district.

(2) Any act, matter or thing done in the name of, or on behalf of, a local health district by its chief executive is taken to have been done by the district.

s 24: Subst 2004 No 92, Sch 1 [2]. Am 2010 No 97, Sch 1.2 [3].

Functions of chief executive generally

25 Functions of chief executive generally

The chief executive of a local health district—

(a) has, and may exercise, such functions as are conferred or imposed on the chief executive by or under this or any other Act, and

(b) is, in the exercise of his or her functions, accountable to the local health district board constituted for the district.

s 25: Subst 2004 No 92, Sch 1 [2]. Am 2010 No 97, Sch 1.1 [6].

Division 2

Local health district boards

Division 2 Local health district boards

ch 3, pt 2, div 2, hdg: Ins 2004 No 92, Sch 1 [2].

Constitution of local health district boards

26 Constitution of local health district boards

(1) A local health district board is to be established for each local health district.

(2) A local health district board is to consist of 6 to 13 persons appointed by the Minister, selected in accordance with subsections (3) and (4).

(3) The Minister is to select the membership of a local health district board so that the membership of the board has an appropriate mix of skills and expertise required to oversee and provide guidance to the district, including members who—

(a) have expertise and experience in health management, business management and financial management, and

(b) have expertise and experience in the provision of clinical and other health services, and

(c) where appropriate, are representatives of universities, clinical schools or research centres, and

(d) have knowledge and understanding of the community served by the district, and

(e) have other backgrounds, skills, expertise, knowledge or experience appropriate for the district.

(4) A local health district board is to have at least one member (who may also be one of the kinds of members referred to in subsection (3)(a)–(e)) who has expertise, knowledge or experience in relation to Aboriginal health.

(4A) At least 1 member of a local health district board must be a person who identifies as an Aboriginal person.

(5) A member of a local health district board holds office for such period (not exceeding 5 years) as may be specified in the member’s instrument of appointment.

(6) A member whose term of office expires is eligible (if otherwise qualified) for re-appointment, but may not be appointed so as to hold office for more than 10 years in total (whether or not the appointments are consecutive).

(7) One of the members of a local health district board is, by the relevant instrument of appointment or by a further instrument signed by the Minister, to be appointed as the Chairperson of the board.

(8) A member of a local health district board is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.

(9) Schedule 4A includes further provisions with respect to the constitution and procedure of local health district boards.

s 26: Subst 2004 No 92, Sch 1 [2]. Am 2010 No 97, Sch 1.1 [7]. Subst 2011 No 4, Sch 1.1 [2]. Am 2016 No 45, Sch 2 [1]–[4]; 2025 No 30, Sch 4[1].

27

27 (Repealed)

Functions of local health district boards

28 Functions of local health district boards

(1) The local health district board for a local health district has the following functions—

(a) to ensure effective clinical and corporate governance frameworks are established to support the maintenance and improvement of standards of patient care and services by the local health district and to approve those frameworks,

(b) to approve systems—

(i) to support the efficient and economic operation of the local health district, and

(ii) to ensure the district manages its budget to ensure performance targets are met, and

(iii) to ensure that district resources are applied equitably to meet the needs of the community served by the district,

(c) to ensure strategic plans to guide the delivery of services are developed for the local health district and to approve those plans,

(d) to provide strategic oversight of and monitor the local health district’s financial and operational performance in accordance with the State-wide performance framework against the performance measures in the performance agreement for the district,

(e) to appoint, and exercise employer functions in relation to, the chief executive of the local health district,

(e1) to ensure that the number of NSW Health Service senior executives employed to enable the local health district to exercise its functions, and the remuneration paid to those executives, is consistent with any direction by the Health Secretary or condition referred to in section 122(2),

(f) to confer with the chief executive of the local health district in connection with the operational performance targets and performance measures to be negotiated in the service agreement for the district under the National Health Reform Agreement,

(g) to approve the service agreement for the local health district under the National Health Reform Agreement,

(h) to seek the views of providers and consumers of health services, and of other members of the community served by the local health district, as to the district’s policies, plans and initiatives for the provision of health services, and to confer with the chief executive of the district on how to support, encourage and facilitate community and clinician involvement in the planning of district services,

(i) to advise providers and consumers of health services, and other members of the community served by the local health district, as to the district’s policies, plans and initiatives for the provision of health services,

(j) to endorse the local health district’s annual reporting information for the purposes of the Government Sector Finance Act 2018,

(k) to liaise with the boards of other local health districts and specialty network governed health corporations in relation to both local and State-wide initiatives for the provision of health services,

(l) such other functions as are conferred or imposed on it by the regulations.

(2) A local health district board must not exercise a function in a way that is inconsistent with the exercise of a function by the Health Secretary (including a function that has been delegated to the Health Secretary).

s 28: Subst 2004 No 92, Sch 1 [2]; 2010 No 97, Sch 1.1 [9]. Am 2012 No 36, Sch 1 [1]; 2016 No 2, Sch 2 [2]; 2018 No 2, Sch 2 [1]; 2018 No 70, Sch 4.49[1].

Removal of members of local health district board and appointment of administrator

29 Removal of members of local health district board and appointment of administrator

(1) The Minister may at any time, for any reason or no reason and without notice, by order published in the Gazette—

(a) remove any member or all members of a local health district board from office, or

(b) remove all members of a local health district board from office and appoint, as administrator of the local health district concerned, the chief executive of the district or any other person specified in the order for such period as may be specified in the order.

(2) If the Minister appoints an administrator of a local health district under this section, the Minister is (as soon as is reasonably practicable after the appointment is made) to make a statement in Parliament concerning the basis for the appointment of the administrator.

(3) An administrator of a local health district has and may exercise, subject to any conditions that may be specified in the order by which the administrator is appointed, all the functions of the chief executive and board for that district.

(4) An administrator of a local health district is entitled to be paid from the funds of that district such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the administrator.

(5) The regulations may make provision with respect to administrators of local health districts.

s 29: Subst 2004 No 92, Sch 1 [2]; 2010 No 97, Sch 1.1 [10].

29A

29A (Repealed)

Division 3

Other committees and councils

Division 3 Other committees and councils

ch 3, pt 2, div 3 (s 29B): Ins 2004 No 92, Sch 1 [2].

29B

Other committees and councils

29B Other committees and councils

The chief executive may establish such committees and councils as he or she considers appropriate to assist the local health district in the exercise of its functions.

ch 3, pt 2, div 3 (s 29B): Ins 2004 No 92, Sch 1 [2].

Part 3

Functions of local health districts

Part 3 Functions of local health districts

Combined management or assistance in management of public hospitals, health institutions, health services or health support services

30 Combined management or assistance in management of public hospitals, health institutions, health services or health support services

(cf AHS Act s 22)

(1) Any two or more local health districts, or any one or more local health districts and any one or more non-district health organisations, may, by agreement, jointly control and manage any public hospital, health institution, health service or health support service.

(2) A local health district may, by agreement, manage any public hospital, health institution, health service or health support service under the control of another local health district or a non-district health organisation, or assist in that management, for and on behalf of that other local health district or non-district health organisation.

(3) A local health district must not enter into an agreement under this section without the approval of the Minister.

(4) A public hospital, health institution, health service or health support service is not, for the purposes of this or any other Act, to be regarded as being under the control of a local health district because the local health district manages, or assists in the management of, the hospital, health institution, health service or health support service for and on behalf of another local health district or of a non-district health organisation.

(5) In this section—

non-district health organisation means—

(a) a statutory health corporation, or

(b) an affiliated health organisation.

s 30: Am 2011 No 4, Sch 1.2 [3] [4].

Opening and closing of hospitals, health institutions, health services or health support services

31 Opening and closing of hospitals, health institutions, health services or health support services

(cf AHS Act s 23)

(1) A local health district may, subject to any direction under this Act, at any time establish such hospitals, health institutions, health services or health support services as it thinks necessary for the exercise of its functions.

(2) A local health district may, subject to any direction under this Act, at any time—

(a) close any public hospital or health institution, or cease to provide any health service or health support service, under its control, or

(b) restrict the range of health care or treatment provided by any public hospital, health institution, health service or health support service under its control.

(3) A local health district must, before implementing any decision to exercise its functions under subsection (1) or (2)—

(a) notify the Health Secretary of the decision, and

(b) ensure that the decision is appropriate having regard to the functions of the local health district.

(4) (Repealed)

s 31: Am 2004 No 92, Sch 1 [3] [4].

Determination of role, functions and activities of local health districts

32 Determination of role, functions and activities of local health districts

(1) The Health Secretary may, from time to time, determine the role, functions and activities of any public hospital, health institution, health service or health support service under the control of a local health district and, for that purpose, give any necessary directions to the local health district.

(2) The Minister may direct a local health district to do any of the following if the Minister is satisfied that it is in the public interest to do so—

(a) establish any hospital, health institution, health service or health support service,

(b) close any public hospital or health institution, or cease to provide any health service or health support service, under its control,

(c) restrict the range of health care or treatment provided by any public hospital, health institution or health service under its control.

s 32: Subst 2004 No 92, Sch 1 [5]. Am 2010 No 97, Sch 1.1 [11].

33

33 (Repealed)

Powers in relation to property

34 Powers in relation to property

(cf AHS Act s 27)

(1) A local health district may do all or any of the following—

(a) acquire land (including an interest in land), for the purpose of the exercise of its functions, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 and acquire any other property (whether or not the land or other property is required for the purposes of any public hospital, health institution, health service or health support service under the control of the local health district),

(b) sell, lease, mortgage or otherwise dispose of land or any other property,

(c) dedicate land as a public road under the Roads Act 1993.

(2) A local health district must not, without the approval of the Minister, do any of the following—

(a) acquire land by any means,

(b) dispose of land by sale, lease, mortgage or otherwise,

(c) dedicate land as a public road.

(3) A local health district may request the Minister to give approval to (and the Minister may approve) a disposition or dedication of land or a use of land, being a disposition, dedication or use—

(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.

(4) If the Minister has given an approval under this section to a disposition or dedication of land, or to a use of land, neither the disposition or dedication of the land (or its subsequent use) nor the use of the land—

(a) is to be regarded as a breach of any provision of, or any trust arising under, the Crown grant of that land, or

(b) is to make the land liable to be forfeited to the Crown.

Application of Public Works Act 1912

35 Application of Public Works Act 1912

(cf AHS Act s 28)

(1) For the purposes of the Public Works Act 1912, any acquisition of land under section 34(1)(a) is taken to be for an authorised work and the local health district concerned is, in relation to that authorised work, taken to be the Constructing Authority.

(2) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act.

Power to accept property by gifts, devises and bequests

36 Power to accept property by gifts, devises and bequests

(cf AHS Act s 29)

(1) A local health district may acquire any property by gift, devise or bequest and may agree to and carry out the conditions of any such gift, devise or bequest, but only if the carrying out of any such conditions is not inconsistent with the purposes and functions of the district.

(2) The rule of law against remoteness of vesting does not apply to any such condition to which a local health district has agreed.

(3) A local health district may act as trustee of money or other property vested in the local health district on trust.

s 36: Am 2010 No 97, Sch 1.2 [4].

Contracts of local health district

37 Contracts of local health district

(cf AHS Act s 30)

(1) A local health district may make and enter into contracts or agreements with any person for the performance of services, or for the supply of goods, plant, machinery or material, by that person with respect to the exercise by the local health district of its functions conferred or imposed by or under this or any other Act.

(2) A local health district may also, with the approval of the Health Secretary, make and enter into contracts or agreements with any person for the provision of any service by the local health district to that person. Any such contract or agreement may extend to the provision of the service outside the area of the local health district.

(3) Any contract or agreement under this section is taken, 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.

s 37: Am 2004 No 92, Sch 1 [6].

Investments

38 Investments

(cf AHS Act s 31)

(1) A local health district may invest money held by it—

(a) if the local health district is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the local health district is permitted to invest money under that Part, or

(b) if the local health district is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.

(2) A local health district may at any time dispose of any of its investments and apply the proceeds for the purpose of exercising its functions.

(3) This section is, in relation to the investment of any funds, subject to the terms of any trust applying to those funds.

s 38: Am 2018 No 70, Sch 3.31 [1].

Local health district by-laws

39 Local health district by-laws

(1) Power to make model by-laws The Health Secretary may make model by-laws, not inconsistent with this Act or the regulations, for or with respect to the following—

(a) the management of any public hospital, health institution, health service or health support service under the control of a local health district,

(b) the provision of hospital services and other health services to patients of any public hospital or health institution under the control of a local health district and to other persons,

(c) the appointment, control and governance of visiting practitioners in connection with public hospitals, health institutions and health services under the control of a local health district, including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service,

(d) regulating or prohibiting smoking at any public hospital, health institution or health service under the control of a local health district, including by designating an area as a smoke-free area for the purposes of section 6A (Smoke-free areas—outdoor public places) of the Smoke-free Environment Act 2000,

(e) the custody and use of the seal of a local health district,

(f) the keeping of records concerning a local health district’s acts and decisions,

(g) the appointment and functions of the councils and committees of a local health district.

(2) Publication of model by-laws The Health Secretary may publish an order on the NSW legislation website setting out the terms of model by-laws.

(3) Adoption of model by-laws A local health district may make by-laws that adopt the provisions of the model by-laws as published on the NSW legislation website in respect of the area in which the local health district is constituted with such additions, omissions or other modifications (if any) as may be made by it in accordance with this section.

(4) Modification to, and omission of, provisions of model by-laws A local health district may make modifications to, or omit, a provision of the model by-laws only with the approval of the Health Secretary.

(5) Additional by-laws A local health district may make additional by-laws in relation to matters specified in subsection (1) but not covered by the model by-laws provided the additional by-laws are not inconsistent with the model by-laws. A copy of any such additional by-laws are to be provided to the Health Secretary within 30 days of the making of the by-laws.

(6) Precondition for making of certain by-laws A model by-law or by-law may not be made for or with respect to any matter referred to in subsection (1)(c) unless the Health Secretary or local health district (as the case requires) has received advice from the Medical Services Committee in relation to the substance of the model by-law or by-law proposed to be made.

(7) Exception to precondition Subsection (6) does not apply to a model by-law or by-law if the Medical Services Committee does not furnish advice to the Health Secretary or local health district (as the case requires) in relation to the relevant model by-law or by-law—

(a) within 30 days after a notice from the Health Secretary or local health district requesting such advice has been served on the Committee, or

(b) within such further period as the Health Secretary or local health district may specify in the notice or in another notice served on the Committee.

(8) What by-laws may provide for A provision of a model by-law or by-law may do any one or any combination of the following—

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind,

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.

(9) Power to amend or repeal by-laws A power to make model by-laws or by-laws includes the power to amend or repeal any model by-law or by-law made in the exercise of that power.

(10) Judicial notice Judicial notice is to be taken of a by-law authenticated by the seal of the local health district concerned or in accordance with section 135. It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of the by-law have been complied with and performed.

s 39: Am 2004 No 92, Sch 1 [7] [8]; 2006 No 2, Sch 2 [10]; 2012 No 56, Sch 2 [1]. Subst 2016 No 45, Sch 2 [5].

Delegations by local health district

40 Delegations by local health district

(cf AHS Act s 34)

(1) A local health district may delegate any of its functions (other than a function set out in subsection (1A)) to—

(a) any member of the NSW Health Service, or

(b) a visiting practitioner, council or committee appointed by the local health district, or

(c) a body appointed by the Minister or Health Secretary under this or any other Act, or

(d) a person or body of a class prescribed by the regulations.

Note.

Section 49 of the Interpretation Act 1987 contains general provisions relating to the delegation of functions.

(1A) A local health district cannot delegate—

(a) its power of delegation under this section, or

(b) its functions under section 31(2), or

(c) the power to make by-laws.

(2) The Health Secretary may give any direction to a local health district concerning delegations under this section that the Health Secretary thinks fit.

(3) Nothing in this section authorises a local health district to delegate the whole of its functions to another person.

(4) (Repealed)

s 40: Am 2004 No 92, Schs 1 [9], 2 [7]; 2006 No 2, Sch 2 [11] [12]; 2010 No 52, Sch 3.4 [1].

Constitution of statutory health corporations

41 Constitution of statutory health corporations

(cf AHS Act s 5, PH Act s 18(1))

(1) There are constituted by this section such statutory health corporations as are specified from time to time in Schedule 2.

(2) A statutory health corporation is a body corporate with the corporate name specified in Schedule 2.

(3) A statutory health corporation is to be a chief executive governed health corporation, a board governed health corporation or a specialty network governed health corporation, as specified from time to time in Schedule 2.

s 41: Am 2004 No 92, Sch 1 [10]; 2010 No 97, Sch 1.1 [12]; 2011 No 4, Sch 1.1 [3].

Amendment of Schedule 2 (Statutory health corporations)

42 Amendment of Schedule 2 (Statutory health corporations)

(cf AHS Act s 6, PH Act s 18(2) and (2A))

The Governor may, by order published on the NSW legislation website—

(a) amend Schedule 2 by inserting, altering or omitting the name of a statutory health corporation, or

(a1) amend Schedule 2 by changing its governance from—

(i) chief executive governance to board governance or specialty network governance, or

(ii) board governance to chief executive governance or specialty network governance, or

(iii) specialty network governance to chief executive governance or board governance, or

(b) omit Schedule 2 and insert instead a Schedule containing the names of statutory health corporations and the nature of their governance.

s 42: Am 2004 No 92, Sch 1 [11] [12]; 2009 No 56, Sch 4.27; 2010 No 97, Sch 1.1 [13]; 2011 No 4, Sch 1.1 [4].

Dissolution, transfer, amalgamation or change of name or nature of governance of statutory health corporations

43 Dissolution, transfer, amalgamation or change of name or nature of governance of statutory health corporations

(cf AHS Act ss 9 and 21, PH Act ss 13A, 14 and 15)

(1) The Governor may, by order published on the NSW legislation website—

(a) dissolve a statutory health corporation, or

(b) transfer a statutory health corporation to a local health district, or

(c) amalgamate 2 or more statutory health corporations, or

(d) change the name or nature of governance of a statutory health corporation,

and may, in the order, amend Schedules 1 and 2 accordingly.

(2) An order under this section must specify the date (being a date that is on or after the date it is published on the NSW legislation website) on which it takes effect. However, if no date is specified in the order, the order is taken to have specified the date on which it is published on the NSW legislation website as the date on which it takes effect.

(3) An order is not to be made under this section unless the Minister is of the opinion that the order is in the public interest and has recommended to the Governor that the order be made.

(4) A dissolution, transfer, amalgamation or change of name or nature of governance under this section may be effected without holding an inquiry.

Note.

Part 3 of Chapter 10 provides for the transfer by order of the Governor of public hospitals, health institutions, health services, health support services and property between local health districts and statutory health corporations.

Section 116 provides for the transfer of staff between public health organisations.

s 43: Am 2004 No 92, Sch 2 [10] [11]; 2009 No 56, Sch 4.27.

Consequential and transitional provisions on the making of orders

44 Consequential and transitional provisions on the making of orders

(cf AHS Act ss 10 and 21 and Sch 6, PH Act ss 14, 15 and 19)

(1) Schedule 4 has effect with respect to orders made under this Part.

(2) An order under this Part may contain provisions, not inconsistent with the provisions of or made under Schedule 4, of a savings and transitional nature consequent on the making of the order.

Provisions relating to the corporate nature of statutory health corporations

45 Provisions relating to the corporate nature of statutory health corporations

(cf AHS Act s 11, PH Act s 18(3))

(1) A statutory health corporation—

(a) has perpetual succession, and

(b) is to have an official seal, and

(c) may take proceedings, and be proceeded against, in its corporate name, and

(d) may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the corporation is constituted, and

(e) does not represent the Crown.

Note.

Section 150(1) of the Evidence Act 1995 provides for judicial notice to be taken in relation to a seal of any body established under an Act.

(2) However, a statutory health corporation cannot employ any staff.

Note.

Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable a statutory health corporation to exercise its functions.

s 45: Am 2006 No 2, Sch 2 [13].

Constitution of health corporation boards

46 Constitution of health corporation boards

(cf AHS Act s 12, PH Act s 22)

(1) There is constituted a health corporation board for each board governed health corporation.

(2) A health corporation board is to be called the “[name of board governed health corporation] Board”.

s 46: Am 2004 No 92, Sch 2 [13].

Health corporation board to control affairs of board governed health corporation

47 Health corporation board to control affairs of board governed health corporation

(cf AHS Act s 13, PH Act s 22(1))

(1) The affairs of a board governed health corporation are to be controlled by the health corporation board for that corporation.

(2) Any act, matter or thing done in the name of, or on behalf of, a board governed health corporation by the health corporation board for that corporation, or with the authority of that board, is taken to have been done by that corporation.

s 47: Am 2004 No 92, Sch 2 [13].

Health corporation board subject to control and direction of Minister

48 Health corporation board subject to control and direction of Minister

(cf AHS Act s 14, PH Act s 22A(1))

A health corporation board is subject to the control and direction of the Minister, except in relation to the contents of a recommendation or report made by the board to the Minister.

Membership of health corporation board

49 Membership of health corporation board

(cf AHS Act s 15, PH Act s 22(1A))

(1) A health corporation board is to consist of the following persons—

(a) the chief executive of the board governed health corporation (who holds office as an ex-officio member),

(b) persons (not being less than 5 or more than 11) appointed by the Minister.

(2) One of the persons appointed by the Minister is to be a member of the NSW Health Service who is employed in connection with the board governed health corporation concerned.

(3) Subsection (2) does not apply to a health corporation board if less than 50 members of the NSW Health Service are employed to enable the board governed health corporation concerned to exercise its functions.

s 49: Am 2003 No 52, Sch 1 [1]; 2004 No 92, Sch 2 [13]; 2006 No 2, Sch 2 [14]; 2009 No 15, Sch 1.4 [1].

Provisions relating to members and procedure of boards

50 Provisions relating to members and procedure of boards

(cf AHS Act s 16, PH Act ss 23–27B)

Schedule 5 has effect with respect to the members and procedure of health corporation boards.

Appointment of chief executive of board governed health corporation

51 Appointment of chief executive of board governed health corporation

(1) A chief executive is to be appointed by the Health Secretary for each board governed health corporation.

(2) Any such chief executive is employed in the NSW Health Service.

(3)–(5) (Repealed)

(6) The affairs of a board governed health corporation are to be managed by the chief executive of the corporation.

(7) The chief executive of a board governed health corporation—

(a) has, and may exercise, such functions as are conferred or imposed on the chief executive by or under this or any other Act, and

(b) is, in the exercise of his or her functions, subject to the control and direction of the health corporation board for the corporation.

s 51: Subst 2004 No 92, Sch 1 [13]. Am 2006 No 2, Sch 2 [15]; 2009 No 15, Sch 1.4 [2]; 2016 No 2, Sch 2 [3].

Removal of members and appointment of administrator

52 Removal of members and appointment of administrator

(cf AHS Act s 18, PH Act s 26)

(1) The Governor may at any time, for any reason or no reason and without notice, by order published in the Gazette—

(a) remove any member (including the chief executive) or all members of a health corporation board from office, or

(b) remove all members of a health corporation board from office and appoint, as administrator of the board governed health corporation concerned, a person specified in the order for such period as may be specified in the order, or

(c) remove all members of a health corporation board (other than the chief executive) from office and appoint, as administrator of the board governed health corporation concerned, the chief executive for such period as may be specified in the order.

(2) The chief executive of a board governed health corporation ceases to hold office as chief executive if removed from office as a member of the health corporation board of the corporation.

(3) An administrator of a board governed health corporation has and may exercise, subject to any conditions that may be specified in the order by which the administrator was appointed, all the functions of the health corporation board for that corporation.

(4) An administrator of a board governed health corporation is entitled to be paid from the funds of that corporation such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the administrator.

(5) The regulations may make provision with respect to administrators of board governed health corporations.

(6) If the chief executive of a board governed health corporation is a NSW Health Service senior executive, the removal of the chief executive from office under this section is taken to be a termination of employment under section 121H.

(7) (Repealed)

s 52: Am 2004 No 92, Schs 1 [14] [15], 2 [13] [14]; 2006 No 2, Sch 2 [16]; 2016 No 2, Sch 2 [4].

52A

Appointment of chief executive of chief executive governed health corporation

52A Appointment of chief executive of chief executive governed health corporation

(1) A chief executive is to be appointed by the Health Secretary for each chief executive governed health corporation.

(2) Any such chief executive is employed in the NSW Health Service.

(3) If any such chief executive is not a NSW Health Service senior executive, the provisions of Part 3 of Chapter 9 relating to the termination of employment of senior executives extend to the chief executive.

s 52A: Ins 2004 No 92, Sch 1 [16]. Am 2006 No 2, Sch 2 [17]. Subst 2016 No 2, Sch 2 [5].

52B

Chief executive to manage and control affairs of chief executive governed health corporation

52B Chief executive to manage and control affairs of chief executive governed health corporation

(1) The affairs of a chief executive governed health corporation are to be managed and controlled by the chief executive of the corporation.

(2) Any act, matter or thing done in the name of, or on behalf of, a chief executive governed health corporation by its chief executive is taken to have been done by the corporation.

s 52B: Ins 2004 No 92, Sch 1 [16].

52C

Functions of chief executive generally

52C Functions of chief executive generally

The chief executive of a chief executive governed health corporation has, and may exercise, such functions as are conferred or imposed on the chief executive by or under this or any other Act.

s 52C: Ins 2004 No 92, Sch 1 [16]. Subst 2010 No 97, Sch 1.1 [15].

52D

Advisory councils

52D Advisory councils

(1) The Minister may establish an advisory council for each chief executive governed health corporation.

(2) The constitution, procedure and functions of an advisory council are to be as determined by the Minister.

s 52D: Ins 2004 No 92, Sch 1 [16].

52E

Other committees and councils

52E Other committees and councils

The chief executive may establish such committees and councils as he or she considers appropriate to assist the chief executive governed health corporation in the exercise of its functions.

s 52E: Ins 2004 No 92, Sch 1 [16].

52F

Boards of specialty network governed health corporations

52F Boards of specialty network governed health corporations

(1) A board is to be established for each specialty network governed health corporation.

(2) The provisions of Division 2 of Part 2 of Chapter 3 (except section 26(1)) apply in relation to a board of a specialty network governed health corporation in the same way as they apply to a local health district board, subject to the following modifications—

(a) a reference in those provisions (however expressed) to a local health district board is to be read as if it were a reference to the board for a specialty network governed health corporation,

(b) a reference in those provisions (however expressed) to a local health district is to be read as if it were a reference to a specialty network governed health corporation,

(c) a reference in those provisions (however expressed) to the chief executive of a local health district is to be read as if it were a reference to the chief executive of a specialty network governed health corporation,

(d) such other modifications as may be prescribed by the regulations.

s 52F: Ins 2010 No 97, Sch 1.1 [16]. Subst 2011 No 4, Sch 1.1 [5].

52G

Appointment of chief executive of specialty network governed health corporations

52G Appointment of chief executive of specialty network governed health corporations

(1) A chief executive is to be appointed for each specialty network governed health corporation by the board for the specialty network with the concurrence of the Health Secretary.

(1A) Any such chief executive is employed in the NSW Health Service and is a NSW Health Service senior executive.

(2) Sections 24 and 25 apply in relation to a chief executive of a specialty network governed health corporation in the same way as they apply to a chief executive of a local health district, subject to the following modifications—

(a) a reference in those sections to the chief executive of a local health district is to be read as if it were a reference to the chief executive of a specialty network governed health corporation,

(b) a reference in those sections to a local health district is to be read as if it were a reference to a specialty network governed health corporation,

(c) a reference in those sections to a local health district board is to be read as if it were a reference to the board of a specialty network governed health corporation,

(d) such other modifications as may be prescribed by the regulations.

s 52G: Ins 2010 No 97, Sch 1.1 [16]. Am 2016 No 2, Sch 2 [6]–[8].

53A

Combined management or assistance in management of public hospitals, health institutions, health services or health support services

53A Combined management or assistance in management of public hospitals, health institutions, health services or health support services

(1) Any two or more statutory health corporations may, by agreement, jointly control and manage any public hospital, health institution, health service or health support service.

(2) A statutory health corporation may, by agreement, manage any public hospital, health institution, health service or health support service under the control of another statutory health corporation, or assist in that management, for and on behalf of that other statutory health corporation.

(3) A statutory health corporation must not enter into an agreement under this section without the approval of the Minister.

(4) A public hospital, health institution, health service or health support service is not, for the purposes of this or any other Act, to be regarded as being under the control of a statutory health corporation because the statutory health corporation manages, or assists in the management of, the public hospital, health institution, health service or health support service for and on behalf of another statutory health corporation.

s 53A: Ins 2010 No 52, Sch 3.4 [2].

Determination of functions of statutory health corporations

53 Determination of functions of statutory health corporations

(cf AHS Act s 24, PH Act s 13(4))

(1) The relevant authority may, from time to time, determine the role, functions and activities of any public hospital, health institution, health service or health support service under the control of a statutory health corporation and, for that purpose, give any necessary directions—

(a) in the case of a chief executive governed health corporation, to the chief executive of that corporation, or

(b) in the case of a board governed health corporation, to the health corporation board for that corporation, or

(c) in the case of a specialty network governed health corporation, to the corporation.

(2) Without limiting subsection (1), the Minister may direct a statutory health corporation to do any of the following if the Minister is satisfied that it is in the public interest to do so—

(a) establish any hospital, health institution, health service or health support service,

(b) close any public hospital or health institution, or cease to provide any health service or health support service, under its control,

(c) restrict the range of health care or treatment provided by any public hospital, health institution or health service under its control.

(3) In this section, relevant authority means—

(a) in relation to a board governed health corporation, the Minister, and

(b) in relation to a chief executive governed health corporation or specialty network governed health corporation, the Health Secretary.

s 53: Am 2004 No 92, Sch 1 [17] [18]; 2010 No 97, Sch 1.1 [17] [18].

Other committees and councils

54 Other committees and councils

The chief executive may establish such committees and councils as he or she considers appropriate to assist the statutory health corporation in the exercise of its functions.

s 54: Am 2004 No 92, Sch 2 [15]. Rep 2006 No 2, Sch 2 [18]. Ins 2016 No 45, Sch 2 [6].

Powers in relation to property

55 Powers in relation to property

(cf AHS Act s 27, PH Act s 20)

(1) A statutory health corporation may do all or any of the following—

(a) acquire land (including an interest in land), for the purpose of the exercise of its functions, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 and acquire any other property (whether or not the land or other property is required for the purposes of any public hospital, health institution, health service or health support service under the control of the statutory health corporation),

(b) sell, lease, mortgage or otherwise dispose of land or any other property,

(c) dedicate land as a public road under the Roads Act 1993.

(2) A statutory health corporation must not, without the approval of the Minister, do any of the following—

(a) acquire land by any means,

(b) dispose of land by sale, lease, mortgage or otherwise,

(c) dedicate land as a public road.

(3) A statutory health corporation may request the Minister to give approval to (and the Minister may approve) a disposition or dedication of land or a use of land, being a disposition, dedication or use—

(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.

(4) If the Minister has given an approval under this section to a disposition or dedication of land, or to a use of land, neither the disposition or dedication of the land (or its subsequent use) nor the use of the land—

(a) is to be regarded as a breach of any provision of, or any trust arising under, the Crown grant of that land, or

(b) is to make the land liable to be forfeited to the Crown.

Application of Public Works Act 1912

56 Application of Public Works Act 1912

(cf AHS Act s 28, PH Act s 21)

(1) For the purposes of the Public Works Act 1912, any acquisition of land under section 55(1)(a) of this Act is taken to be for an authorised work and the statutory health corporation concerned is, in relation to that authorised work, taken to be the Constructing Authority.

(2) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act.

Power to accept property by gifts, devises and bequests

57 Power to accept property by gifts, devises and bequests

(cf AHS Act s 29)

(1) A statutory health corporation may acquire any property by gift, devise or bequest and may agree to and carry out the conditions of any such gift, devise or bequest, but only if the carrying out of any such conditions is not inconsistent with the purposes and functions of the corporation.

(2) The rule of law against remoteness of vesting does not apply to any such condition to which a statutory health corporation has agreed.

(3) A statutory health corporation may act as trustee of money or other property vested in the statutory health corporation on trust.

Contracts of statutory health corporations

58 Contracts of statutory health corporations

(cf AHS Act s 30)

(1) A statutory health corporation may make and enter into contracts or agreements with any person for the performance of services, or for the supply of goods, plant, machinery or material, by that person with respect to the exercise by the statutory health corporation of its functions conferred or imposed by or under this or any other Act.

(2) A statutory health corporation may also, with the approval of the relevant authority, make and enter into contracts or agreements with any person for the provision of any service by the statutory health corporation to that person.

(3) Any contract or agreement under this section is taken, 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.

(4) In this section, relevant authority means—

(a) in relation to a board governed health corporation, the Minister, and

(b) in relation to a chief executive governed health corporation or specialty network governed health corporation, the Health Secretary.

s 58: Am 2004 No 92, Sch 1 [19] [20]; 2010 No 97, Sch 1.1 [19].

Investments

59 Investments

(cf AHS Act s 31, PH Act s 29)

(1) A statutory health corporation may invest money held by it—

(a) if the statutory health corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the statutory health corporation is permitted to invest money under that Part, or

(b) if the statutory health corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.

(2) A statutory health corporation may at any time dispose of any of its investments and apply the proceeds for the purpose of exercising its functions.

(3) This section is, in relation to the investment of any funds, subject to the terms of any trust applying to those funds.

s 59: Am 2018 No 70, Sch 3.31 [2].

Statutory health corporation by-laws

60 Statutory health corporation by-laws

(1) Power to make model by-laws The relevant authority may make model by-laws, not inconsistent with this Act or the regulations, for or with respect to the following—

(a) the management of any public hospital, health institution, health service or health support service under the control of a statutory health corporation,

(b) the provision of health services to patients of any public hospital or health institution under the control of a statutory health corporation and to other persons,

(c) the appointment, control and governance of visiting practitioners in connection with public hospitals, health institutions and health services under the control of a statutory health corporation, including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service,

(d) regulating or prohibiting smoking at any public hospital, health institution or health service under the control of a statutory health corporation, including by designating an area as a smoke-free area for the purposes of section 6A (Smoke-free areas—outdoor public places) of the Smoke-free Environment Act 2000,

(e) the custody and use of the seal of a statutory health corporation,

(f) the keeping of records concerning the acts and decisions of a statutory health corporation,

(g) in the case of a board governed health corporation—

(i) the keeping of records concerning the acts and decisions of the board, and

(ii) the procedure for the calling of meetings of the board and for the conduct of business at those meetings,

(h) the appointment and functions of the councils and committees of a statutory health corporation.

(2) Publication of model by-laws The relevant authority may publish an order on the NSW legislation website setting out the terms of model by-laws.

(3) Adoption of model by-laws A statutory health corporation may make by-laws that adopt the provisions of the model by-laws as published on the NSW legislation website with such additions, omissions or other modifications (if any) as may be made by it in accordance with this section.

(4) Modification to, and omission of, provisions of model by-laws A statutory health corporation may make modifications to, or omit, a provision of the model by-laws only with the approval of the relevant authority.

(5) Additional by-laws for specialty network governed health corporation A statutory health corporation that is a specialty network governed health corporation may make additional by-laws in relation to matters specified in subsection (1) but not covered by the model by-laws provided the additional by-laws are not inconsistent with the model by-laws. A copy of any such additional by-laws are to be provided to the relevant authority within 30 days of the making of the by-laws.

(6) Precondition for making of certain by-laws A model by-law or by-law may not be made for or with respect to any matter referred to in subsection (1)(c) unless the relevant authority or specialty network governed health corporation (as the case requires) has received advice from the Medical Services Committee in relation to the substance of the model by-law or by-law proposed to be made.

(7) Exception to precondition Subsection (6) does not apply to a model by-law or by-law if the Medical Services Committee does not furnish advice to the relevant authority or specialty network governed health corporation (as the case requires) in relation to the relevant model by-law or by-law—

(a) within 30 days after a notice from the relevant authority or specialty network governed health corporation requesting such advice has been served on the Committee, or

(b) within such further period as the relevant authority or specialty network governed health corporation may specify in the notice or in another notice served on the Committee.

(8) What by-laws may provide for A provision of a model by-law or by-law may do any one or any combination of the following—

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind,

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.

(9) Power to amend or repeal by-laws A power to make model by-laws or by-laws includes the power to amend or repeal any model by-law or by-law made in the exercise of that power.

(10) Judicial notice Judicial notice is to be taken of a by-law authenticated by the seal of the statutory health corporation concerned or in accordance with section 135. It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of the by-law have been complied with and performed.

(11) In this section, relevant authority means—

(a) in relation to a board governed health corporation, the Minister, and

(b) in relation to a chief executive governed health corporation or specialty network governed health corporation, the Health Secretary.

s 60: Am 2004 No 92, Sch 1 [21]–[23]; 2006 No 2, Sch 2 [19], 2010 No 97, Sch 1.1 [20]; 2012 No 56, Sch 2 [2]. Subst 2016 No 45, Sch 2 [7].

Delegations by statutory health corporations

61 Delegations by statutory health corporations

(cf AHS Act s 34)

(1) A statutory health corporation may delegate to any member of the NSW Health Service the exercise of any of its functions, other than—

(a) this power of delegation, or

(b) the power to make by-laws.

Note.

Section 49 of the Interpretation Act 1987 contains general provisions relating to the delegation of functions.

(2) The relevant authority may give any direction to a statutory health corporation concerning delegations under this section that the relevant authority thinks fit.

(3) Nothing in this section authorises a statutory health corporation to delegate the whole of its functions to another person.

(4) For the purposes of this section, the functions of a board governed health corporation include the functions of its health corporation board.

(5) In this section, relevant authority means—

(a) in relation to a board governed health corporation, the Minister, and

(b) in relation to a chief executive governed health corporation or specialty network governed health corporation, the Health Secretary.

s 61: Am 2004 No 92, Sch 1 [24]–[26]; 2006 No 2, Sch 2 [20] [21]; 2010 No 97, Sch 1.1 [21].

Recognition of affiliated health organisations

62 Recognition of affiliated health organisations

(cf PH Act s 29B)

(1) An organisation or institution whose name is included in column 1 of Schedule 3 is an affiliated health organisation in respect of any of its recognised establishments and recognised services.

(2) The Governor may, by order published on the NSW legislation website—

(a) amend column 1 of Schedule 3 by inserting the name of any organisation or institution (other than a local health district or statutory health corporation) that controls any hospital, health institution, health service or health support service, or

(b) amend column 2 of Schedule 3 by inserting a description of any hospital, health institution, health service or health support service under the control of the organisation or institution, or

(c) amend Schedule 3 by omitting or altering any such name or description, or

(d) omit Schedule 3 and insert instead a Schedule containing the names of any organisations or institutions (other than local health districts or statutory health corporations) and descriptions of any hospital, health institution, health service or health support service under their control.

(3) An order made under subsection (2) may amend column 2 of Schedule 3 to describe an organisation or institution by reference to some or all of the hospitals, health institutions, health services or health support services it controls.

(4) An order cannot be made under this section—

(a) inserting or altering the name of an organisation or institution in column 1 of Schedule 3 unless the organisation or institution (or its governing body) consents to it, or

(b) inserting or altering a description of any hospital, health institution, health service or health support service under the control of an organisation or institution in column 2 of Schedule 3 unless the organisation or institution (or its governing body) consents to it.

(5) In this section, governing body of an organisation or institution means the person or the board or other body that is responsible for the management of the organisation or institution.

s 62: Am 2009 No 56, Sch 4.27.

62A

Declared affiliated health organisations

62A Declared affiliated health organisations

(1) The affiliated health organisations specified in the regulations under this section are declared affiliated health organisations for the purposes of this Act.

(2) Any such regulation may apply only to such of the recognised establishments or recognised services (or parts of them) of an affiliated health organisation as are specified in the regulation. In any such case, the organisation concerned is a declared affiliated health organisation for the purposes of this Act only to the extent of its recognised establishments or services (or parts of them) that are so specified.

(3) A declared affiliated health organisation must not employ any staff in respect of its recognised establishments and recognised services.

Note.

Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable a declared affiliated health organisation to exercise its functions in respect of its recognised establishments and recognised services.

(4) However, nothing in this section prevents a declared affiliated health organisation from entering into arrangements for the management, on its behalf, of its recognised establishments or recognised services.

(5) A regulation cannot be made under this section in relation to an affiliated health organisation except with the concurrence of the affiliated health organisation.

s 62A: Ins 2006 No 2, Sch 2 [22].

62B

Recognition of networked affiliated health organisations

62B Recognition of networked affiliated health organisations

(1) The Minister may, by order published in the Gazette, declare that one or more affiliated health organisations are to be treated as a network for the purposes of the National Health Reform Agreement in respect of some or all of their recognised establishments or recognised services.

(2) Such an order may be made—

(a) on the application of one or more affiliated health organisations, or

(b) on the Minister’s own initiative.

(3) The Minister may make an order pursuant to the application of one or more affiliated health organisations only if the Minister is satisfied that—

(a) in the case of an application by one affiliated health organisation—

(i) the affiliated health organisation has more than one recognised establishment or service, or

(ii) the affiliated health organisation provides State wide services or services of State significance, or

(b) in the case of an application by two or more affiliated health organisations, the affiliated health organisations have agreed to form a health network.

(4) An order under this section may specify a name for the network.

(5) An order cannot be made under this section in relation to an affiliated health organisation except with the concurrence of the organisation (or its governing body).

Editorial note.

For orders under this section, see Gazette No 9 of 28.1.2011, p 300. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.

s 62B: Ins 2010 No 97, Sch 1.1 [22]. Am 2012 No 36, Sch 1 [1].

Affiliated health organisations may make by-laws

63 Affiliated health organisations may make by-laws

(cf PH Act s 29AE)

(1) Power to make by-laws An affiliated health organisation may, with the approval of the Minister, make by-laws, not inconsistent with this Act or the regulations, for or with respect to the following—

(a) the management of any of its recognised establishments and recognised services,

(b) the provision of health services to patients of any hospitals or health institutions that are its recognised establishments,

(c) the provision to other persons of health services that are its recognised services,

(d) the appointment, control and governance of visiting practitioners in connection with hospitals, health institutions and health services that are its recognised establishments or recognised services (including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service),

(e) the appointment, control and governance of persons employed by it in respect of its recognised establishments and recognised services and any other matter or thing necessary or convenient to ensure the maintenance of discipline and efficiency in the service of the affiliated health organisation of any such employees or group or class of employees,

(f) the keeping of records concerning the acts, decisions and proceedings of its governing body in respect of its recognised establishments and recognised services,

(g) the procedure for the calling of meetings of its governing body and for the conduct of business at those meetings in respect of its recognised establishments and recognised services,

(h) the appointment and functions of committees of the governing body in respect of its recognised establishments and recognised services.

(1A) Subsection (1)(e) does not apply in relation to a declared affiliated health organisation.

(2) Publication of model by-laws The Minister may publish an order in the Gazette setting out the terms of model by-laws.

(3) Precondition for making of by-laws A by-law may not be made by an affiliated health organisation for or with respect to any matter referred to in subsection (1)(d) unless—

(a) it is in substance the same as a model by-law under an order for the time being in force under subsection (2) and the Minister has received advice from the Medical Services Committee in relation to the substance of the model by-law, or

(b) the Minister has received advice from the Medical Services Committee in relation to the substance of the by-law proposed to be made by the affiliated health organisation.

(4) Exception to precondition Subsection (3) does not apply to a by-law if the Medical Services Committee does not furnish advice to the Minister in relation to the relevant model by-law or the by-law—

(a) within 30 days after a notice from the Minister requesting such advice has been served on the Committee, or

(b) within such further period as the Minister may specify in the notice or in another notice served on the Committee.

(5) What by-laws may provide for A provision of a by-law may do any one or any combination of the following—

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind,

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.

(6) Judicial notice Judicial notice is to be taken of a by-law authenticated by the seal of the affiliated health organisation concerned or in accordance with section 135. It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of the by-law have been complied with and performed.

s 63: Am 2006 No 2, Sch 2 [23].

63A

Criminal and disciplinary matters concerning employees of non-declared affiliated health organisations

63A Criminal and disciplinary matters concerning employees of non-declared affiliated health organisations

(1) In this section, non-declared organisation means an affiliated health organisation that is not a declared affiliated health organisation.

(2) The provisions of Part 2 of Chapter 9 apply, with such modifications as are necessary, to and in respect of a non-declared organisation and its employees in the same way as those provisions apply to and in respect of a declared affiliated health organisation and the members of the NSW Health Service who are employed under Part 1 of Chapter 9 in connection with the declared affiliated health organisation.

s 63A: Ins 2006 No 2, Sch 2 [24].

Transfer of recognised establishments and recognised services of affiliated health organisations

64 Transfer of recognised establishments and recognised services of affiliated health organisations

(cf AHS Act ss 10 and 21)

(1) The Governor may, by order published on the NSW legislation website, transfer to any local health district or statutory health corporation—

(a) any public hospital or health institution of an affiliated health organisation that is a recognised establishment of the organisation, or

(b) any health service or health support service of an affiliated health organisation that is a recognised service of the organisation, or

(c) any of the assets, rights or liabilities of an affiliated health organisation relating to a recognised establishment or recognised service of the organisation,

and may amend Schedules 1, 2 and 3 accordingly.

(2) However, such an order cannot be made unless the affiliated health organisation consents to the transfer.

(3) An order under this section is to specify the date (being a date that is on or after the date it is published on the NSW legislation website) on which it takes effect. However, if no date is specified in the order, the order is taken to have specified the date on which is it published on the NSW legislation website as the date on which it takes effect.

(4) Schedule 4 has effect with respect to orders made under this section.

(5) An order under this section may contain provisions, not inconsistent with the provisions of or made under Schedule 4, of a savings and transitional nature consequent on the making of the order.

Note.

Part 3 of Chapter 10 provides for the transfer by order of the Governor of public hospitals, health institutions, health services, health support services and property between local health districts and statutory health corporations.

Section 116 provides for the transfer of staff between public health organisations.

s 64: Am 2009 No 56, Sch 4.27.

64A

Regulations relating to movement of staff between NSW Health Service and non-declared affiliated health organisations

64A Regulations relating to movement of staff between NSW Health Service and non-declared affiliated health organisations

(1) This section does not apply to or in respect of a declared affiliated health organisation.

(2) The regulations may make provision for or with respect to the movement of staff between affiliated health organisations and the NSW Health Service.

(3) Without limiting subsection (2), any such regulations may provide for—

(a) the retention by any such staff of their accrued leave entitlements, and

(b) the apportioning of the liability for the cost of accrued leave entitlements of staff who move between affiliated health organisations and the NSW Health Service.

(4) The Minister may give directions to an affiliated health organisation for the purpose of making due allowance and appropriate adjustments for liabilities incurred by reason of the operation of any regulation made under this section (or liabilities with respect to accrued leave entitlements generally). Any such direction has effect despite any determination made in respect of the affiliated health organisation under section 127.

s 64A: Ins 2006 No 2, Sch 2 [25].

Minister may determine role, functions and activities of affiliated health organisations

65 Minister may determine role, functions and activities of affiliated health organisations

(1) The Minister may, from time to time, determine the role, functions and activities of any recognised establishment or recognised service of an affiliated health organisation and, for that purpose, give the organisation any necessary directions.

(2) Before making a determination under subsection (1), the Minister is to consult with the affiliated health organisation concerned having regard to the health care philosophy of the organisation.

Appointment of chief executives of public hospitals and health services of affiliated health organisations

66 Appointment of chief executives of public hospitals and health services of affiliated health organisations

(cf PH Act s 40B)

(1) A person cannot be appointed as the chief executive of a public hospital that is a recognised establishment, or health service that is a recognised service, of an affiliated health organisation unless the Health Secretary consents to the appointment.

(2) In this section—

chief executive means the person (however described) who is responsible to the affiliated health organisation for the management, supervision or administration of the public hospital or health service concerned.

Liability of affiliated health organisations in relation to recognised establishments and recognised services

67 Liability of affiliated health organisations in relation to recognised establishments and recognised services

A matter or thing done in relation to any of an affiliated health organisation’s recognised establishments or recognised services by—

(a) the organisation, or

(b) the governing body of the organisation, or

(c) a member of the governing body of the organisation, or

(d) any person acting under the direction of that organisation or governing body,

does not, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject the member or the person so acting personally to any action, liability, claim or demand.

67AA

Definitions

67AA Definitions

In this Chapter—

ambulance fee means a fee for ambulance services charged by the Health Secretary under this Chapter.

appointed body means a committee, board or other body appointed by the Health Secretary under section 67AB.

Chief Commissioner has the same meaning as in the State Debt Recovery Act 2018.

child means a person under 16 years of age.

debt notice—see section 67Q.

debt recovery order has the same meaning as in the State Debt Recovery Act 2018.

fee invoice means a fee invoice issued by the Health Secretary under section 67P.

fee review means a review of a decision to charge an ambulance fee conducted under Part 6.

payment rules means the payment rules made by the Health Secretary under section 67O.

scale of fees means the scale of fees for the provision of ambulance services fixed by the Minister under section 67L.

s 67AA: Ins 2007 No 89, Sch 2.5 [1]. Subst 2014 No 60, Sch 1 [1]. Am 2018 No 11, Sch 3.6 [1].

67AB

Appointed body

67AB Appointed body

(1) The Health Secretary may appoint a committee, board or other body as an appointed body for the purposes of this Chapter.

(2) An appointed body is to consist of such members appointed by the Health Secretary as the Health Secretary thinks fit.

(3) The procedure of an appointed body is to be determined by the Health Secretary or (subject to any determination of the Health Secretary) by the appointed body.

(4) A member of an appointed body holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(5) The Health Secretary may terminate the appointment of a member of an appointed body at any time for any or no reason by notice in writing to the member.

(6) A member of an appointed body is entitled to such fees and allowances as the Health Secretary may determine from time to time.

(7) A member of an appointed body is not personally liable for any act or omission done or omitted to be done in good faith for the purposes of this Chapter.

(8) If subsection (7) prevents liability attaching to a member of an appointed body, the liability attaches instead to the Health Secretary.

s 67AB: Ins 2007 No 89, Sch 2.5 [1].

67A

Ambulance Service of NSW

67A Ambulance Service of NSW

(1) The Ambulance Service of NSW comprises those staff of the NSW Health Service who are employed primarily in connection with the provision of ambulance services under this Chapter.

(2) A chief executive of the Ambulance Service of NSW may be appointed by the Health Secretary.

(3) Any such chief executive is employed in the NSW Health Service and is a NSW Health Service senior executive.

s 67A: Ins 2006 No 2, Sch 2 [26]. Am 2016 No 2, Sch 2 [9].

67B

Provision etc of ambulance services

67B Provision etc of ambulance services

(1) The Health Secretary has, on behalf of the Crown, the following functions—

(a) to provide, conduct, operate and maintain ambulance services,

(b) to co-operate with or provide assistance to any person or organisation for the purposes of providing, conducting, operating and maintaining ambulance services,

(c) in connection with ambulance services referred to in paragraph (a), to protect persons from injury or death, whether or not those persons are sick or injured,

(d) to adopt and implement all necessary measures (including systems of planning, management and quality control) as will best ensure the efficient and economic operation and use of resources in the provision of ambulance services,

(e) to consult and co-operate with individuals and organisations (including voluntary agencies, private agencies and public or local authorities) concerned with the provision of ambulance services,

(f) to co-ordinate and plan the future development of ambulance services, and towards that end, to support, encourage and facilitate the organisation of community involvement in the planning of those services,

(g) to set objectives and determine priorities in relation to the provision of ambulance services and to monitor whether those objectives are achieved,

(h) to achieve and maintain adequate standards of ambulance services,

(i) to make available to the public reports, information and advice concerning the operation of ambulance services,

(j) to provide assistance to, or co-operate with, any person or organisation in connection with the depiction of ambulance services in the news or entertainment media,

(k) to exercise such other functions in relation to ambulance services as may be conferred or imposed on the Health Secretary by the regulations.

(2) The exercise of functions under this section in emergencies and rescue operations is subject to the State Emergency and Rescue Management Act 1989.

(3) The Health Secretary may delegate the exercise of any function of the Health Secretary under this section (other than this power of delegation) to an appointed body.

s 67B: Ins 2006 No 2, Sch 2 [26]. Am 2007 No 89, Sch 2.5 [2].

67C

Ambulance Service Advisory Board

67C Ambulance Service Advisory Board

(1) There is established by this Act an Ambulance Service Advisory Board (the Advisory Board).

(2) The members of the Advisory Board are as follows—

(a) the chief executive of the Ambulance Service of NSW,

(b) not fewer than 8 and not more than 12 persons appointed by the Health Secretary.

(3) The persons appointed as members of the Advisory Board are to be persons who, in the opinion of the Health Secretary, have expertise and experience in one or more of the following areas—

(a) health management,

(b) financial management,

(c) clinical paramedic services or other health services,

(d) business management.

(4) (Repealed)

(5) The function of the Advisory Board is to provide advice to the Health Secretary or to an appointed body in relation to the exercise of functions under this Chapter in respect of the provision of ambulance services.

(6) The Advisory Board has such other functions as may be conferred or imposed on it by the Health Secretary.

(7) Schedule 6 has effect with respect to the members and procedure of the Advisory Board.

s 67C: Ins 2006 No 2, Sch 2 [26]. Am 2007 No 89, Sch 2.5 [3]; 2018 No 2, Sch 2 [2]–[5].

67D

67D (Repealed)

67E

Unauthorised provision of ambulance transport

67E Unauthorised provision of ambulance transport

(1) A person must not—

(a) directly or indirectly provide or take part in the provision of transport for sick or injured persons for fee or reward, or

(b) conduct for fee or reward any operations similar to the operations carried on by the Health Secretary under this Chapter,

without the consent of the Health Secretary and except in accordance with such conditions (if any) as the Health Secretary may from time to time impose.

Maximum penalty—50 penalty units.

(2) The Health Secretary may revoke any consent given, or revoke or vary any condition imposed, under this section.

(3) This section does not apply to—

(a) the St John Ambulance Australia (NSW) in respect of operations similar to the operations lawfully carried on by that body immediately before the day on which this section commences, or

(b) the Royal Flying Doctor Service of Australia (NSW Section), or

(c) the mines rescue company, within the meaning of the Coal Industry Act 2001, (or a member, director or employee of that company) in the exercise of mines rescue functions under Division 3 of Part 3, or Part 4, of that Act, or

(d) a member of the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001, or

(e) any person (or class of persons) prescribed by the regulations.

s 67E: Ins 2006 No 2, Sch 2 [26].

67F

Unauthorised collections

67F Unauthorised collections

(1) A person must not organise, conduct or take part in the collection or soliciting of money or property from the public for, towards or in return for the provision of ambulance services without the consent of the Health Secretary and except in accordance with such conditions (if any) as the Health Secretary may from time to time impose.

Maximum penalty—50 penalty units.

(2) The Health Secretary may revoke any consent given, or revoke or vary any condition imposed, under this section.

(3) This section does not apply to—

(a) any person engaged in the conduct or operation of the State Ambulance Insurance Plan established under the Health Insurance Levies Act 1982, or

(b) an insurer under a policy of insurance to the extent that the money or the property represents consideration for an indemnity provided in that policy against the cost of the transport of a sick or injured person, being an indemnity incidental to the risks insured under that policy, or

(c) any person (or class of persons) prescribed by the regulations, or

(d) any person acting as authorised by this Act.

s 67F: Ins 2006 No 2, Sch 2 [26]. Am 2014 No 60, Sch 1 [3].

67G

False calls for provision of ambulance services

67G False calls for provision of ambulance services

A person who requests the provision of an ambulance service knowing that no ambulance service is in the circumstances required or likely to be required by any person is guilty of an offence.

Maximum penalty—50 penalty units.

ss 67G–67I: Ins 2006 No 2, Sch 2 [26].

67H

Honorary ambulance officers

67H Honorary ambulance officers

(1) The Health Secretary may appoint such persons as the Health Secretary thinks fit to be honorary ambulance officers.

Note.

Honorary ambulance officers are not members of the NSW Health Service employed under Part 1 of Chapter 9.

(2) Honorary ambulance officers—

(a) may carry out, without remuneration, such of the functions of the Health Secretary under this Act as the Health Secretary may from time to time direct, and

(b) are subject to the control and supervision of the Health Secretary.

ss 67G–67I: Ins 2006 No 2, Sch 2 [26].

67I

Exculpation from personal liability

67I Exculpation from personal liability

A member of staff of the Ambulance Service of NSW or an honorary ambulance officer is not liable for any injury or damage caused by the member of staff or officer in the carrying out, in good faith, of any of the member’s or officer’s duties relating to—

(a) the provision of ambulance services, or

(b) the protection of persons from injury or death, whether or not those persons are or were sick or injured.

ss 67G–67I: Ins 2006 No 2, Sch 2 [26].

67J

67J (Repealed)

67K

Health Secretary may charge fee for ambulance services

67K Health Secretary may charge fee for ambulance services

(1) The Health Secretary may charge a fee for ambulance services provided by or on behalf of the Health Secretary.

(2) An ambulance fee may be charged to any person liable for payment of the ambulance fee.

(3) An ambulance fee is not to exceed the fee fixed for the relevant service by the scale of fees in force at the time that the fee is charged.

s 67K: Ins 2014 No 60, Sch 1 [4].

67KA

Health Secretary may charge booking and cancellation fees

67KA Health Secretary may charge booking and cancellation fees

(1) The Health Secretary may charge a private provider a fee for the following activities—

(a) making a booking for ambulance services,

(b) cancelling a booking for ambulance services within—

(i) 4 hours before the time the service was to be provided, or

(ii) 1 hour after the time the service was to be provided.

(2) A fee charged under this section must be the fee set out for the activity in the scale of fees published under section 67L.

(3) A service that is not provided because the patient was not ready or available to be transported within 1 hour after the time the services were to be provided is taken to have been cancelled for subsection (1)(b).

(4) In this section—

residential care home has the same meaning as in the Aged Care Act 2024 of the Commonwealth.

private provider means the following—

(a) the licensee of a private health facility,

(b) the operator of a residential care home,

(c) a provider, or a class of provider, of health services prescribed by the regulations.

s 67KA: Ins 2025 No 30, Sch 4[2].

67L

Scale of fees

67L Scale of fees

The Minister may, by order published in the Gazette—

(a) fix a scale of fees in respect of ambulance services provided by the Health Secretary, and

(b) amend or revoke any scale of fees so fixed.

s 67L: Ins 2014 No 60, Sch 1 [4].

67M

Who is liable for payment of ambulance fee

67M Who is liable for payment of ambulance fee

(1) A person is liable for payment of an ambulance fee for ambulance services provided to the person.

(2) A person is not liable for payment of an ambulance fee if the person is a child.

(3) However, if ambulance services are provided to a child, each parent or guardian of the child is jointly and severally liable for payment of an ambulance fee for the provision of those ambulance services.

(4) A parent or guardian of a child who pays an ambulance fee for the provision of ambulance services to that child is entitled to recover a contribution from any other parent or guardian who is also liable for payment of that fee.

(5) The contribution payable—

(a) is to be determined as if each parent or guardian of the child were liable for an equal share of the ambulance fee, and

(b) is recoverable as a debt in a court of competent jurisdiction.

(6) A court may reduce a person’s contribution, or exempt a person from making a contribution, if the court considers it just and equitable in the circumstances.

s 67M: Ins 2014 No 60, Sch 1 [4].

67N

Exemptions

67N Exemptions

A person is exempt from the requirement to pay an ambulance fee if—

(a) a fee is not payable for ambulance services provided to the person under section 17 of the Health Insurance Levies Act 1982, or

(b) the person is the holder of a concession card of a kind prescribed by the regulations, or

(c) the person is otherwise exempt from payment under the regulations or the payment rules.

Note.

Under section 17 of the Health Insurance Levies Act 1982, a fee is not payable if the person was, at the time the service was provided—

(a) a contributor to a health benefits fund conducted by an organisation to which section 10 of that Act applies, or

(b) a contributor to the State Ambulance Insurance Plan.

s 67N: Ins 2014 No 60, Sch 1 [4].

67O

Payment rules

67O Payment rules

(1) The Health Secretary may, by order published in the Gazette, make rules about the payment of ambulance fees (payment rules).

(2) The payment rules may provide for the following—

(a) exemptions from the payment of ambulance fees,

(b) waiver or reduction of ambulance fees,

(c) extension of time to pay,

(d) payment by instalments,

(e) fee reviews,

(f) any other matters permitted by this Act.

(3) The payment rules must not be inconsistent with this Act or the regulations.

s 67O: Ins 2014 No 60, Sch 1 [4].

Part 4

How ambulance fees are charged

Part 4 How ambulance fees are charged

ch 5A, pt 4: Ins 2014 No 60, Sch 1 [4].

67P

How fee is charged—fee invoices

67P How fee is charged—fee invoices

(1) The Health Secretary charges an ambulance fee by—

(a) issuing an invoice (a fee invoice) for the ambulance fee, and

(b) serving the fee invoice on a person liable for payment of the fee.

(2) The fee invoice must—

(a) specify the amount of the ambulance fee and the ambulance services for which the fee is payable (including the date on which the services were provided), and

(b) specify a due date for payment of the ambulance fee, and

(c) include the required information about fee reviews, and

(d) include any other information that the regulations require to be included in the fee invoice.

(3) The regulations may prescribe a form in which a fee invoice is to be given.

(4) Information required to be included in a fee invoice may be incorporated in the fee invoice or accompany the fee invoice.

s 67P: Ins 2014 No 60, Sch 1 [4].

67Q

Debt notice may be issued if fee not paid

67Q Debt notice may be issued if fee not paid

(1) If an ambulance fee specified in a fee invoice served on a person is not paid in full by the date that is 7 days after the due date for payment specified in the fee invoice, the Health Secretary may—

(a) issue a notice (a debt notice) for the outstanding amount, and

(b) serve the debt notice on the person.

(2) The debt notice must—

(a) specify the amount of the ambulance fee that is unpaid and the ambulance services for which the fee is payable (including the date on which the services were provided), and

(b) specify a due date for payment of the ambulance fee, and

(c) include advice to the effect that, if the ambulance fee is not paid in full by the due date—

(i) the Health Secretary can refer the matter to the Chief Commissioner for the taking of debt recovery action under the State Debt Recovery Act 2018, and

(ii) debt recovery costs may be payable by the person if debt recovery action is taken under that Act, and

(d) include the required information about fee reviews, and

(e) include advice to the effect that the Health Secretary is not required to conduct a fee review if the application for review is received after the date for payment of the ambulance fee specified in the debt notice, and

(f) include any other information that the regulations require to be included in the debt notice.

(3) The date specified in a debt notice as the due date for payment of the ambulance fee has effect as the due date for payment of the ambulance fee instead of the date specified as the due date in the relevant fee invoice.

(4) The regulations may prescribe a form in which a debt notice is to be given.

(5) Information required to be included in a debt notice may be incorporated in the debt notice or accompany the debt notice.

(6) A debt notice under this Act is declared to be a debt notice for the purposes of the State Debt Recovery Act 2018.

s 67Q: Ins 2014 No 60, Sch 1 [4]. Am 2018 No 11, Sch 3.6 [2]–[4].

67R

Required information about fee reviews

67R Required information about fee reviews

For the purposes of a fee invoice or debt notice, the required information about fee reviews is the following information—

(a) advice to the effect that the person served with the fee invoice or debt notice can apply for a review by the Health Secretary of the decision to charge the ambulance fee, in accordance with the payment rules, if the person seeks an exemption, waiver or reduction of the fee, extension of time to pay or to pay by instalments,

(b) the process for applying for such a review,

(c) the circumstances in which a person is exempt from payment of an ambulance fee under this Act or the regulations or the payment rules,

(d) advice to the effect that any decision to waive or reduce the fee, extend the time to pay or permit payment by instalments will be made in accordance with the payment rules,

(e) information on how a copy of the payment rules can be obtained.

s 67R: Ins 2014 No 60, Sch 1 [4].

67S

Due date for payment of ambulance fee

67S Due date for payment of ambulance fee

(1) The due date for payment of an ambulance fee specified in a fee invoice or debt notice must be at least 21 days after it is served on the person.

(2) A fee invoice or debt notice served by post is not invalid merely because it specifies as the due date a date that is less than 21 days after it was served on the person.

(3) In such a case however, the due date is extended to a date that is 21 days after the fee invoice or debt notice was served and the fee invoice or debt notice is taken to specify that date as the due date.

s 67S: Ins 2014 No 60, Sch 1 [4].

67T

Change of payment arrangements

67T Change of payment arrangements

(1) The Health Secretary may, in accordance with the payment rules, change the payment arrangements for an ambulance fee charged to a person by—

(a) reducing the amount payable, or

(b) extending the time to pay, or

(c) permitting the fee to be paid by instalments or reducing instalments.

(2) The Health Secretary changes the payment arrangements for an ambulance fee by serving notice in writing of the change on the person who has been charged the fee.

(3) Any fee invoice or debt notice served on the person before notice of the change is taken to be amended in accordance with the changed payment arrangements.

(4) If the Health Secretary permits payment of an ambulance fee by instalment and an instalment of the ambulance fee is not paid by a due date for payment of an instalment, the remaining instalments immediately become payable.

(5) The Health Secretary must not change payment arrangements for an ambulance fee after the matter has been referred to the Chief Commissioner for the making of a debt recovery order, unless the referral is revoked.

Note.

The Chief Commissioner must withdraw a debt recovery order made in relation to an ambulance fee if the referral is revoked.

s 67T: Ins 2014 No 60, Sch 1 [4]. Am 2018 No 11, Sch 3.6 [5] [6].

Part 5

Recovery of ambulance fees

Part 5 Recovery of ambulance fees

ch 5A, pt 5: Ins 2014 No 60, Sch 1 [4].

67U

Ambulance fee is debt payable to Health Secretary

67U Ambulance fee is debt payable to Health Secretary

(1) An ambulance fee specified in a debt notice served on a person is a debt payable by the person to the Health Secretary.

(2) The Health Secretary may recover the debt from the person in proceedings in a court of competent jurisdiction.

(3) Subsection (2) ceases to apply if the matter is referred to the Chief Commissioner for the making of a debt recovery order under the State Debt Recovery Act 2018, unless the referral is revoked.

s 67U: Ins 2014 No 60, Sch 1 [4]. Subst 2018 No 11, Sch 3.6 [7].

67V

67V (Repealed)

67W

Information to be provided if debt is referred to Chief Commissioner

67W Information to be provided if debt is referred to Chief Commissioner

(1) If the Health Secretary refers a matter to the Chief Commissioner for debt recovery action under the State Debt Recovery Act 2018, the Health Secretary must provide to the Chief Commissioner the following information for the purposes of enabling the Chief Commissioner to exercise functions under that Act—

(a) identifying information about the person who was provided with the ambulance services and, if that person was a child, about any parent or guardian of the child,

(b) the date the ambulance services were provided,

(c) the time the ambulance services were provided,

(d) the location or pick up address at which ambulance services were provided,

(e) the destination to which the person was taken after pick up,

(f) the distance travelled as part of the ambulance services,

(g) the unique identifying number allocated to the ambulance services by the Health Secretary,

(h) any other information of a kind prescribed by the regulations.

(2) A requirement to provide information is a requirement to provide so much of that information as is known to the Health Secretary.

(3) This section applies in addition to any requirement to provide information under the State Debt Recovery Act 2018.

(4) In this section—

identifying information has the meaning given by the State Debt Recovery Act 2018.

s 67W: Ins 2014 No 60, Sch 1 [4]. Subst 2018 No 11, Sch 3.6 [9].

67X

Suspension of debt recovery action

67X Suspension of debt recovery action

The Health Secretary may, at any time, by notice in writing to the Chief Commissioner—

(a) request the Chief Commissioner to suspend debt recovery action in relation to an ambulance fee that has been referred to the Chief Commissioner, or

(b) request the Chief Commissioner to revoke the suspension of debt recovery action in relation to an ambulance fee referred to the Chief Commissioner.

Note.

Under Part 8 of the State Debt Recovery Act 2018, the Chief Commissioner is required to suspend debt recovery action if a request for suspension is made.

s 67X: Ins 2014 No 60, Sch 1 [4]. Subst 2018 No 11, Sch 3.6 [10].

Part 6

Fee reviews

Part 6 Fee reviews

ch 5A, pt 6: Ins 2014 No 60, Sch 1 [4].

67Y

Application for review of ambulance fee

67Y Application for review of ambulance fee

(1) A person who is charged an ambulance fee may apply to the Health Secretary for a review of the decision to charge the ambulance fee.

(2) An application for a review is to be made in accordance with the payment rules.

(3) An applicant for review must provide to the Health Secretary, in support of an application, any supporting information or evidence that the payment rules require.

s 67Y: Ins 2014 No 60, Sch 1 [4].

67Z

Review by Health Secretary

67Z Review by Health Secretary

(1) If an application for a fee review is duly made to the Health Secretary, the Health Secretary must, subject to this section, conduct a review of the decision to charge an ambulance fee.

(2) The Health Secretary is not required to conduct a review—

(a) if a review of the decision has already been conducted under this Part, or

(b) if the application is received more than 7 days after the due date for payment specified in a debt notice served on the person, or

(c) if the applicant has failed to provide any supporting information or evidence required to be provided by the payment rules, or

(d) in such other circumstances as may be prescribed by the regulations.

(3) The Health Secretary may also conduct a review of a decision to charge an ambulance fee of his or her own motion.

(4) A review under this Part is a statutory internal review for the purposes of the State Debt Recovery Act 2018.

s 67Z: Ins 2014 No 60, Sch 1 [4]. Am 2018 No 11, Sch 3.6 [11].

67ZA

Extension of time to pay—on-time review application

67ZA Extension of time to pay—on-time review application

(1) During the period in which an on-time review application is before the Health Secretary—

(a) the Health Secretary must not issue a debt notice for the ambulance fee (if a debt notice has not yet been issued) or refer the matter to the Chief Commissioner for the making of a debt recovery order, and

(b) the requirement to pay the ambulance fee is suspended.

(2) The period in which an on-time review application is before the Health Secretary is the period starting on (and including) the day on which the application is received by the Health Secretary and ending on (and including) the day on which notice of the outcome of the review application is served on the person charged the ambulance fee.

Note.

Notice served by post is taken to be served on the person 7 days after it is sent, unless the person establishes otherwise.

(3) After conducting the review or deciding not to conduct the review, the Health Secretary must change the payment arrangements for the ambulance fee by extending the time for payment of the ambulance fee by at least the number of days in the period in which the application was before the Health Secretary.

(4) Subsection (3) does not apply if the Health Secretary decides to revoke the decision to charge the ambulance fee or waive the ambulance fee.

(5) In this section—

on-time review application means an application for review of a decision to charge an ambulance fee that is duly made to the Health Secretary and received by the Health Secretary—

(a) before the issue of a debt notice for the ambulance fee, or

(b) no later than 7 days after the due date for payment of the ambulance fee specified in a debt notice for the ambulance fee.

Note.

If the Health Secretary decides to conduct a review in relation to an application that is not an on-time review application, the Health Secretary may request the Chief Commissioner to suspend debt recovery action in relation to the ambulance fee.

s 67ZA: Ins 2014 No 60, Sch 1 [4]. Am 2018 No 11, Sch 3.6 [12] [13].

67ZB

Request for additional information

67ZB Request for additional information

(1) The Health Secretary may, for the purpose of conducting a fee review, request additional information from an applicant for review.

(2) The applicant must provide the additional information to the Health Secretary within 14 days of the request or within such greater period as the Health Secretary specifies.

(3) If the information is not provided within the time specified, the review may be conducted without that information.

s 67ZB: Ins 2014 No 60, Sch 1 [4].

67ZC

Actions to be taken after review

67ZC Actions to be taken after review

(1) After conducting a fee review, the Health Secretary may—

(a) revoke the decision to charge the ambulance fee, or

(b) waive payment of the ambulance fee, or

(c) confirm the decision to charge the ambulance fee with or without changing the payment arrangements for the fee.

(2) The Health Secretary must, after conducting a fee review, revoke the decision to charge an ambulance fee—

(a) if the person charged the fee is exempt from payment of the ambulance fee under this Act, the regulations or the payment rules, or

(b) if the issue of the fee invoice or debt notice involved a mistake of identity, or

(c) if the amount of the fee charged is incorrect, or

(d) in any circumstances prescribed by the regulations.

(3) The Health Secretary must, after conducting a fee review, change the payment arrangements for the ambulance fee if that action is required by this Act or the payment rules.

(4) The payment rules may also make provision for circumstances in which the Health Secretary may, at his or her discretion, revoke a decision to charge an ambulance fee, waive payment of an ambulance fee or change the payment arrangements for an ambulance fee.

(5) If the Health Secretary revokes a decision to charge a person with an ambulance fee, or waives payment of an ambulance fee, the Health Secretary must—

(a) withdraw the fee invoice and any debt notice issued for the fee, and

(b) if the matter has already been referred to the Chief Commissioner for the making of a debt recovery order, revoke the referral.

(6) If a decision is revoked because of a mistake of identity, the Health Secretary may issue a new fee invoice for the fee to a person who is liable for payment of the fee.

(7) If a decision is revoked because the amount of the fee charged was incorrect, the Health Secretary may issue a new fee invoice for the correct amount.

(8) The regulations may provide for other circumstances in which a new fee invoice can be issued.

s 67ZC: Ins 2014 No 60, Sch 1 [4]. Am 2018 No 11, Sch 3.6 [14].

67ZD

Notice of outcome of application

67ZD Notice of outcome of application

(1) The Health Secretary is to notify an applicant for a fee review in writing of the outcome of the application within 42 days of receipt of the application.

(2) If the Health Secretary requests additional information from the applicant, the 42-day period is extended by the number of days specified by the Health Secretary in the request as the period in which the additional information must be provided to the Health Secretary.

(3) A reference to the outcome of an application includes a reference to a decision not to conduct a review on an application.

s 67ZD: Ins 2014 No 60, Sch 1 [4].

Part 6A

67ZDA (Repealed)

ch 5A, pt 6A (s 67ZDA): Ins 2016 No 21, sec 3. Rep 2017 No 50, Sch 3 [1].

Part 7

Miscellaneous

Part 7 Miscellaneous

ch 5A, pt 7: Ins 2014 No 60, Sch 1 [4].

67ZE

Unpaid fees may be written off

67ZE Unpaid fees may be written off

(1) The Health Secretary may write off an unpaid ambulance fee, in whole or in part.

(2) If the ambulance fee has already been referred to the Chief Commissioner for the making of a debt recovery order under the State Debt Recovery Act 2018, the Health Secretary must not write off the unpaid ambulance fee unless the referral has been revoked or debt recovery action has been suspended or cancelled.

s 67ZE: Ins 2014 No 60, Sch 1 [4]. Am 2018 No 11, Sch 3.6 [15].

67ZF

Service of notices

67ZF Service of notices

(1) A fee invoice, debt notice or notice of the outcome of an application for a fee review may be served on a person personally or by post.

(2) Any other notice or other document required to be served on a person by this Chapter may be served—

(a) personally, or

(b) by post, or

(c) by electronic transmission.

(3) A notice or other document may be served by electronic transmission only if the person has consented to service of notices or other documents under this Chapter by electronic transmission. If a notice or other document is served electronically, the address for service is the address provided by the person.

(4) It is to be presumed that a notice or other document sent to a person under this Chapter by post is served on the person 7 days after it is posted, unless the person establishes that it was not served within that 7-day period.

s 67ZF: Ins 2014 No 60, Sch 1 [4].

67ZG

Form of notices given to Chief Commissioner

67ZG Form of notices given to Chief Commissioner

Any notice given by the Health Secretary to the Chief Commissioner under this Chapter may be given by post, by means of document exchange or by electronic transmission.

s 67ZG: Ins 2014 No 60, Sch 1 [4]. Am 2018 No 11, Sch 3.6 [16].

Medicare Principles and Commitments

68 Medicare Principles and Commitments

(1) The Medicare Principles and Commitments are adopted as guidelines for the provision of public hospital services to eligible persons in New South Wales.

(2) The Medicare Principles and Commitments are as follows—

MEDICARE PRINCIPLES

The Commonwealth and the States are committed to the following principles in the provision of public hospital services—

Explanatory note.

The Principles focus on the provision of public hospital services to eligible persons, but operate in an environment where eligible persons have the right to choose private health care in public and private hospitals supported by private health insurance.

Choices of services

Principle 1: Eligible persons must be given the choice to receive public hospital services free of charge as public patients

Explanatory note 1.

Hospital services include in-patient, out-patient, emergency services (including primary care where appropriate) and day patient services consistent with currently acceptable medical and health service standards.

Explanatory note 2.

At the time of admission to a hospital, or as soon as practicable after that, an eligible person will be required to elect or confirm whether he or she wishes to be treated as a public or private patient.

Universality of services

Principle 2: Access to public hospital services is to be on the basis of clinical need

Explanatory note 1.

None of the following factors are to be a determinant of an eligible person’s priority for receiving hospital services—

•

whether or not an eligible person has health insurance,

•

an eligible person’s financial status or place of residence,

•

whether or not an eligible person intends to elect, or elects, to be treated as a public or private patient.

Explanatory note 2.

This principle applies equally to waiting times for elective surgery.

Equity in service provision

Principle 3: To the maximum practicable extent, a State will ensure the provision of public hospital services equitably to all eligible persons, regardless of their geographical location

Explanatory note 1.

This principle does not require a local hospital to be equipped to provide eligible persons with every hospital service they may need.

Explanatory note 2.

In rural and remote areas, a State should ensure provision of reasonable public access to a basic range of hospital services which are in accord with clinical practices.

COMMITMENTS

In order to achieve Principles 1 to 3, the Commonwealth and States make the following Commitments regarding public hospital services for eligible persons—

Information about service provision

Commitment 1: The Commonwealth and a State must make available information on the public hospital services eligible persons can expect to receive as public patients

Explanatory note 1.

The State development of a Public Patients’ Hospital Charter in consultation with the Commonwealth will be a vehicle for the public dissemination of this information.

Explanatory note 2.

The Charter will set out the public hospital services available to public patients.

Efficiency and quality of service provision

Commitment 2: The Commonwealth and the States are committed to making improvements in the efficiency, effectiveness and quality of hospital service delivery

Explanatory note.

This includes a commitment to quality improvement, outcome measurement, management efficiency and effort to integrate the delivery of hospital and other health and health-related community services.

(3) Expressions used in the Medicare Principles and Commitments (and the notes to them) set out in subsection (2) have the same meanings they have in the Medicare Principles and Commitments (and the notes to them) set out in section 26 of the Health Insurance Act 1973 of the Commonwealth.

(4) Nothing in this section gives rise to, or can be taken into account in, any civil cause of action, and, without limiting the generality of the foregoing, nothing in this section operates to create in any person legal rights not in existence before the enactment of this section.

Scale of fees

69 Scale of fees

(cf PH Act s 30(8) and (9))

(1) The Minister may, from time to time, by order published in the Gazette—

(a) fix a scale of fees for hospital services and other health services received from any public health organisation, and

(b) amend or revoke any scale of fees so fixed.

(2) A scale of fees may be fixed, amended or revoked by the adoption by reference of any scale of fees (as in force at a particular time or as in force from time to time) fixed or determined by a Commonwealth authority or body. Any such adoption may be wholly or in part and with or without modification.

(3) Except where a scale of fees has been fixed under this section, nothing in this section affects any right that a public health organisation may have to charge a fee for the provision of a hospital service or other health service.

Liability of persons for health service fees

70 Liability of persons for health service fees

(cf PH Act s 30(1)–(5))

(1) Any person who receives any health service (other than a non-chargeable hospital service) from a public health organisation is liable to contribute towards the funds of the organisation, according to the person’s means, such sum in respect of the health service as is calculated in accordance with the scale of fees fixed under section 69.

(2) That sum (if unpaid) may be recovered in any court of competent jurisdiction as a debt.

(3) A written statement of the amount due, purporting to be signed by an authorised employee of the public health organisation concerned, is prima facie evidence of the amount being due.

(4) The public health organisation may remit, postpone or write-off payment of all or any sums of money due to the organisation under this section.

(5) In this section—

authorised employee of a public health organisation means an employee of the organisation who is authorised in writing by the chief executive of the organisation to certify any amount owing to it for the provision of a health service.

Care and treatment to be provided to persons without means

71 Care and treatment to be provided to persons without means

(cf PH Act s 30(6))

A person without means must not be refused care or treatment for sickness or injury at any public hospital by reason only of the person’s inability to pay for the care or treatment.

Cost of relief granted to injured persons to be a charge on damages

72 Cost of relief granted to injured persons to be a charge on damages

(cf PH Act s 30A)

(1) This section applies to any person (the debtor) who is liable to a public health organisation for the cost of any health service (other than a non-chargeable hospital service) provided by the organisation in respect of any personal injury suffered by the person or another person.

(2) If the debtor has a right to recover damages against any other person in respect of the personal injury, the amount of the debtor’s liability to the public health organisation is a charge on any money that is or may become payable in respect of such right to recover damages.

(3) The charge is enforceable by way of an action brought by the public health organisation in the same way as if the action were an action brought by or on behalf of the debtor claiming the amount of such liability as special damages.

(4) In any such action (or any judgment given concerning that action), the parties have, to the extent of the charge, the same rights and liabilities (and the court has the same powers) as if the action were by or on behalf of the debtor.

(5) The action may be brought despite—

(a) any judgment recovered by or on behalf of the debtor, and

(b) any payment made to the debtor or any other person (except the public health organisation) in respect of the defendant’s liability, and

(c) any complete or partial discharge given by the debtor.

(6) However, any such payment or discharge in respect of a claim for damages is, to the extent of the payment or discharge, a valid discharge to the person making the payment or receiving the discharge if it is given after—

(a) the person injured has ceased to receive health services in respect of the injury, and

(b) the cost of all health services provided by any public health organisation has been fully paid or satisfied.

Order not to be made in certain circumstances

73 Order not to be made in certain circumstances

(cf PH Act s 32)

(1) An order is not to be made under this Chapter by a court if it is satisfied that (having regard to the means, estate, or property of the person in respect of whom the order is sought or to the circumstances of the case) the order would be unreasonable.

(2) Nothing in this Chapter derogates from any rights that may exist for the recovery of money due.

Fees for medical attendance

74 Fees for medical attendance

(cf PH Act s 36)

(1) A medical practitioner is not entitled to charge a patient who is under treatment by the medical practitioner in any public hospital with any fees in respect of the treatment if that treatment is provided as part of the provision of a non-chargeable hospital service.

(2) Any contract between a patient and a medical practitioner for any payment made in contravention of this section is unenforceable.

Hospital and other health services provided by Crown

75 Hospital and other health services provided by Crown

A reference in this Chapter to a hospital service or other health service provided to a person by a public health organisation includes a reference to a hospital service or other health service provided by a public hospital controlled by the Crown (including the Minister or the Health Administration Corporation).

Who is a visiting practitioner?

76 Who is a visiting practitioner?

(cf PH Act s 29K)

A visiting practitioner is a medical practitioner or dentist who is appointed by a public health organisation (otherwise than as an employee) to practise as a medical practitioner or dentist in accordance with the conditions of appointment at any of its public hospitals or health institutions, or in relation to any health service it provides, specified in the appointment.

What are the kinds of visiting practitioners?

77 What are the kinds of visiting practitioners?

(cf PH Act s 29K)

The kinds of visiting practitioners are—

(a) visiting practitioners appointed under a service contract (whether as visiting medical officers or honorary medical officers), and

(b) visiting practitioners appointed otherwise than under a service contract.

Who is a visiting medical officer?

78 Who is a visiting medical officer?

(cf PH Act s 29K)

A visiting medical officer is a medical practitioner appointed under a service contract (whether the practitioner or his or her practice company is a party to the contract) to provide services as a visiting practitioner for monetary remuneration for or on behalf of the public health organisation concerned.

Who is an honorary medical officer?

79 Who is an honorary medical officer?

(cf PH Act s 29K)

An honorary medical officer is a medical practitioner appointed under an honorary contract (whether the practitioner or his or her practice company is a party to the contract) to provide services as a visiting practitioner for or on behalf of the public health organisation concerned.

Note.

Section 84 defines honorary contract to mean a service contract under which the services of a medical practitioner are provided to or on behalf of a public health organisation otherwise than for monetary remuneration.

What is a service contract?

80 What is a service contract?

(cf PH Act s 29K)

(1) A service contract is an agreement between—

(a) a public health organisation and a medical practitioner under which the practitioner is appointed as a visiting practitioner to provide to or on behalf of the public health organisation the medical services that are specified in the agreement, or

(b) a public health organisation and a practice company under which—

(i) the medical practitioner who conducts his or her practice by means of the company is appointed as a visiting practitioner, and

(ii) the company agrees to provide to or on behalf of the public health organisation the medical services, to be performed by the medical practitioner (as a visiting practitioner), that are specified in the agreement.

(2) Any contract, agreement or other arrangement for the supply of medical services that is entered into as a result of a tendering process is not a service contract.

What are the kinds of service contracts?

81 What are the kinds of service contracts?

The kinds of service contracts include (but are not limited to) the following—

(a) fee-for-service contracts,

(b) sessional contracts,

(c) honorary contracts.

What is a fee-for-service contract?

82 What is a fee-for-service contract?

(cf PH Act s 29K)

A fee-for-service contract is a service contract under which a medical practitioner (or the medical practitioner’s practice company) is remunerated for medical services performed by the medical practitioner by reference to a scale of fees for different kinds of medical services that is contained in, or specified or otherwise identified by, the contract.

What is a sessional contract?

83 What is a sessional contract?

(cf PH Act s 29K)

A sessional contract is a service contract under which the medical practitioner (or the medical practitioner’s practice company) is remunerated by reference to any hourly rate or rates for services provided, but not on a fee-for-service basis.

What is an honorary contract?

84 What is an honorary contract?

(cf PH Act s 29K)

An honorary contract is a service contract under which the services of a medical practitioner are provided to or on behalf of a public health organisation otherwise than for monetary remuneration.

When can medical practitioners elect to provide their services through their practice companies?

85 When can medical practitioners elect to provide their services through their practice companies?

(1) A medical practitioner who a public health organisation wishes to appoint as a visiting medical officer may elect to be appointed under a service contract entered into between the organisation and the medical practitioner’s practice company.

(2) However, no such election may be made unless the medical practitioner’s practice company—

(a) carries public liability insurance to a level approved by the Health Secretary from time to time, and

(b) carries professional indemnity insurance.

(3), (4) (Repealed)

s 85: Am 2003 No 52, Sch 1 [2]; 2010 No 34, Sch 2.27 [2] [3].

Service contracts to be in writing

86 Service contracts to be in writing

(cf PH Act s 29RA)

(1) A visiting medical officer or honorary medical officer must not be appointed unless the terms and conditions to which the officer is to be subject are in the form of a written service contract between—

(a) the officer (or the officer’s practice company), and

(b) the relevant public health organisation.

(2) An appointment made in contravention of this section is void.

Minister may approve of standard conditions for service contracts

87 Minister may approve of standard conditions for service contracts

(cf PH Act s 29RB)

(1) The Minister may, by order in writing, approve of sets of conditions (including remuneration) recommended by the Association for inclusion in service contracts, entered into on or after the day on which the order takes effect, of a class specified in the order.

(2) A standard service contract, in relation to a class of service contracts (such as fee-for-service contracts, sessional contracts or honorary contracts), is a contract that, when entered into, contains the set of conditions (if any) approved for the time being under subsection (1) for those service contracts, whether or not it contains other conditions that are not inconsistent with the approved set of conditions.

(3) An order under this section takes effect—

(a) on the day the order is made, or

(b) on such later day as may be specified in the order.

(4) An order under this section is to specify a period for the purposes of section 89(3) (being a period that does not exceed 5 years).

Standard service contracts to be used

88 Standard service contracts to be used

(cf PH Act s 29RC)

(1) A service contract of a class for which there is a standard service contract must not be entered into unless it contains the set of conditions contained in the relevant standard service contract.

(2) A service contract entered into in contravention of this section is void.

(3) This section does not apply to honorary contracts.

Application for appointment of arbitrator

89 Application for appointment of arbitrator

(cf PH Act s 29L)

(1) The Minister or the Association may apply (either jointly or individually) to the relevant Minister for the appointment of an arbitrator to determine—

(a) the terms and conditions of work, the amounts or rates of remuneration and the bases on which those amounts or rates are applicable, in respect of medical services provided by visiting medical officers under fee-for-service contracts or sessional contracts (or both), and

(b) the date or dates (not being a date or dates earlier than the date of the determination) on and from which any determination made under paragraph (a) is to have effect.

Note.

The Dictionary defines relevant Minister to mean the Minister administering the Industrial Relations Act 1996 for the time being.

(2) An application is to be in the form approved by the relevant Minister from time to time.

(3) An application that seeks to obtain a determination under this Part—

(a) in relation to a class of service contracts for which there is a standard service contract, and

(b) that, if made, would be at variance with a condition approved under section 87,

cannot be made before the expiry of such period as may have been specified in the order under section 87 by force of which the condition concerned was last included in the standard service contract.

s 89: Am 2000 No 53, Sch 1.10 [2].

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

1 Name of Act

This Act is the Health Services Act 1997.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Definitions

Expressions used in this Act (or in a particular provision of this Act) that are defined in the Dictionary at the end of the Act have the meanings set out in the Dictionary.

Note.

Expressions used in this Act (or a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.

4 Objects of Act

The objects of this Act are—

(a) to establish a system of local health districts for the whole of the State to deliver health services and to enable their recognition as health networks for the purposes of the National Health Reform Agreement, and

(b) to constitute statutory health corporations to deliver health services and health support services other than on the basis of a specified area, and

(c) to recognise as affiliated health organisations certain non-government institutions and organisations that provide health services and health support services within the State that contribute significantly to the public health system, and

(c1) to enable the recognition of some statutory health corporations and affiliated health organisations as health networks for the purposes of the National Health Reform Agreement, and

(d) to re-affirm the adoption of the Medicare Principles and Commitments as guidelines for the delivery of public hospital services (within the meaning of section 23E of the Health Insurance Act 1973 of the Commonwealth) and to facilitate the collection of fees from patients of public health organisations in respect of services received by them that are not required to be provided free of charge under the Medicare Agreement, and