39Local health district by-laws

39 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.