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](/view/html/inforce/current/act-2000-069), > > > > > (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 \[5\].