116Employment of staff generally

#### 116 Employment of staff generally 116 Employment of staff generally > > (1) The Government of New South Wales may employ staff under this Part— > > > > > (a) to enable local health districts and statutory health corporations, and the public hospitals that they control, to exercise their functions, and > > > > > (b) to enable declared affiliated health organisations to exercise their functions in relation to their recognised establishments and recognised services, and > > > > > (c) to enable the Health Secretary to exercise his or her functions under Chapter 5A in relation to ambulance services, and > > > > > (d) to enable the Health Secretary to exercise his or her functions under Part 1A of Chapter 10 in relation to the provision of services to public health organisations and the public hospitals that they control, and > > > > > (e) to enable the Health Administration Corporation to exercise its functions under this or any other Act, and > > > > > (f) to enable the Cancer Institute (NSW) to exercise its functions under this or any other Act. > > > (2) The employment of staff in the NSW Health Service, including the exercise of employer functions in relation to that staff, is subject to the requirements of this or any other Act relating to that staff. > > > (3) The Health Secretary may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the staff employed in the NSW Health Service (except as otherwise provided by subsections (3A)–(3D)). > > > > Note. > > > > The Health Secretary’s functions under this or any other Act may, under section 21 of the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135), be delegated to any person. > > > (3A) A local health district board may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the chief executive of the local health district. > > > (3B) The chief executive of a local health district may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the other NSW Health Service senior executives employed to enable the local health district to exercise its functions. > > > (3C) The board of a specialty network governed health corporation may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the chief executive of the health corporation. > > > (3D) The chief executive of a specialty network governed health corporation may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the other NSW Health Service senior executives employed to enable the health corporation to exercise its functions. > > > (4) The Health Secretary may create divisions (however described) of staff in the NSW Health Service. > > > (5) This section does not limit the purposes for which, or the manner in which, staff may be employed in the NSW Health Service. > > **s 116:** Am 2004 No 87, Sch 2 \[3\]–\[5\]. Subst 2006 No 2, Sch 2 \[27\]. Am 2012 No 42, Sch 1.14; 2012 No 78, Sch 2.1 \[1\]; 2016 No 2, Sch 2 \[12\].