133EProhibition of certain public-private partnership arrangements

133E Prohibition of certain public-private partnership arrangements

133E Prohibition of certain public-private partnership arrangements

(1) This section applies to the following entities—

(a) the State, including a Minister of the Crown or a person acting on behalf of the State, including the Health Secretary,

(b) a local health district,

(c) a statutory health corporation.

(2) An entity to which this section applies must not enter into an arrangement with a private person for the purpose of the private person—

(a) constructing an acute hospital building or complex, and

(b) providing an acute hospital service to public patients in New South Wales at the acute hospital building or complex.

(3) Subsection (2) applies only if under the arrangement—

(a) the entity has, or will have, an interest, liability or responsibility in the hospital building or complex, and

(b) the hospital building or complex is constructed in part or in whole through private sector financing, ownership or control.

(4) However, subsection (2) does not apply to an arrangement, or an arrangement of a class, excluded from the operation of this section by the regulations.

(5) Nothing in subsection (2), affects an arrangement in effect at the commencement of this section, including a variation to, or an option to extend, an existing arrangement.

(6) In this section—

acute hospital building or complex means a hospital building or complex at which an acute hospital service is provided.

acute hospital service means a hospital service that includes the provision of—

(a) emergency services, and

(b) surgical services, and

(c) in-patient services.

private person means a person other than—

(a) the Commonwealth, a State or a Territory, including a Minister of the Crown in any of its capacities or a person acting on behalf of the Commonwealth, a State or a Territory, or