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 > > > > > (b) a public or local authority of the Commonwealth, a State or a Territory, including a local council or a State owned corporation, however described, or > > > > > (c) a public health organisation. > > **s 133E:** Ins 2025 No 33, Sch 1.