HEALTH SERVICES ACT 1997 - As at 5 December 2023 - Act 154 of 1997
- As at 5 December 2023
- Act 154 of 1997
Table of Provisions
CHAPTER 1 - PRELIMINARY
Note
- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 4 Objects of Act
- 5 Notes
CHAPTER 2 - STRUCTURE OF THE PUBLIC HEALTH SYSTEM
- 6 What is the public health system?
- 7 What is a public health organisation?
- 8 What is a local health district?
- 9 Primary purposes of local health districts
- 10 Functions of local health districts
- 11 What is a statutory health corporation?
- 12 Functions of statutory health corporations
- 13 What is an affiliated health organisation?
- 14 Functions of affiliated health organisations
- 15 What is a public hospital?
16. (Repealed)
CHAPTER 3 - LOCAL HEALTH DISTRICTS
PART 1 - CONSTITUTION OF LOCAL HEALTH DISTRICTS
- 17 Constitution of local health districts
- 18 Areas in respect of which local health districts constituted
- 19 Amendment of Schedule 1 (Names and areas of local health districts)
- 20 Dissolution, amalgamation or change of name of local health districts
- 21 Consequential and transitional provisions on the making of orders
- 22 Provisions relating to the corporate nature of local health districts
PART 2 - CONTROL AND MANAGEMENT OF LOCAL HEALTH DISTRICTS
Division 1 - The chief executive
- 23 Appointment of chief executive
- 24 Chief executive to manage and control affairs of local health district
- 25 Functions of chief executive generally
Division 2 - Local health district boards
- 26 Constitution of local health district boards
27. (Repealed)
- 28 Functions of local health district boards
- 29 Removal of members of local health district board and appointment of administrator
29A. (Repealed)
Division 3 - Other committees and councils
- 29B Other committees and councils
PART 3 - FUNCTIONS OF LOCAL HEALTH DISTRICTS
- 30 Combined management or assistance in management of public hospitals, health institutions, health services or health support services
- 31 Opening and closing of hospitals, health institutions, health services or health support services
- 32 Determination of role, functions and activities of local health districts
33. (Repealed)
- 34 Powers in relation to property
- 35 Application of Public Works Act 1912
- 36 Power to accept property by gifts, devises and bequests
- 37 Contracts of local health district
- 38 Investments
- 39 Local health district by-laws
- 40 Delegations by local health district
CHAPTER 4 - STATUTORY HEALTH CORPORATIONS
PART 1 - CONSTITUTION OF STATUTORY HEALTH CORPORATIONS
- 41 Constitution of statutory health corporations
- 42 Amendment of Schedule 2 (Statutory health corporations)
- 43 Dissolution, transfer, amalgamation or change of name or nature of governance of statutory health corporations
- 44 Consequential and transitional provisions on the making of orders
- 45 Provisions relating to the corporate nature of statutory health corporations
PART 2 - CONTROL AND MANAGEMENT OF STATUTORY HEALTH CORPORATIONS
Division 1 - Board governed health corporations
- 46 Constitution of health corporation boards
- 47 Health corporation board to control affairs of board governed health corporation
- 48 Health corporation board subject to control and direction of Minister
- 49 Membership of health corporation board
- 50 Provisions relating to members and procedure of boards
- 51 Appointment of chief executive of board governed health corporation
- 52 Removal of members and appointment of administrator
Division 2 - Chief executive governed health corporations
- 52A Appointment of chief executive of chief executive governed health corporation
- 52B Chief executive to manage and control affairs of chief executive governed health corporation
- 52C Functions of chief executive generally
- 52D Advisory councils
- 52E Other committees and councils
Division 3 - Specialty network governed health corporations
- 52F Boards of specialty network governed health corporations
- 52G Appointment of chief executive of specialty network governed health corporations
PART 3 - FUNCTIONS OF STATUTORY HEALTH CORPORATIONS
- 53A Combined management or assistance in management of public hospitals, health institutions, health services or health support services
- 53 Determination of functions of statutory health corporations
- 54 Other committees and councils
- 55 Powers in relation to property
- 56 Application of Public Works Act 1912
- 57 Power to accept property by gifts, devises and bequests
- 58 Contracts of statutory health corporations
- 59 Investments
- 60 Statutory health corporation by-laws
- 61 Delegations by statutory health corporations
CHAPTER 5 - AFFILIATED HEALTH ORGANISATIONS
- 62 Recognition of affiliated health organisations
- 62A Declared affiliated health organisations
- 62B Recognition of networked affiliated health organisations
- 63 Affiliated health organisations may make by-laws
- 63A Criminal and disciplinary matters concerning employees of non-declared affiliated health organisations
- 64 Transfer of recognised establishments and recognised services of affiliated health organisations
- 64A Regulations relating to movement of staff between NSW Health Service and non-declared affiliated health organisations
- 65 Minister may determine role, functions and activities of affiliated health organisations
- 66 Appointment of chief executives of public hospitals and health services of affiliated health organisations
- 67 Liability of affiliated health organisations in relation to recognised establishments and recognised services
CHAPTER 5A - AMBULANCE SERVICES
PART 1 - PRELIMINARY
PART 2 - PROVISION OF AMBULANCE SERVICES
- 67AB Appointed body
- 67A Ambulance Service of NSW
- 67B Provision etc of ambulance services
- 67C Ambulance Service Advisory Board
67D. (Repealed)
- 67E Unauthorised provision of ambulance transport
- 67F Unauthorised collections
- 67G False calls for provision of ambulance services
- 67H Honorary ambulance officers
- 67I Exculpation from personal liability
67J. (Repealed)
PART 3 - FEES FOR AMBULANCE SERVICES
- 67K Health Secretary may charge fee for ambulance services
- 67L Scale of fees
- 67M Who is liable for payment of ambulance fee
- 67N Exemptions
- 67O Payment rules
PART 4 - HOW AMBULANCE FEES ARE CHARGED
- 67P How fee is charged--fee invoices
- 67Q Debt notice may be issued if fee not paid
- 67R Required information about fee reviews
- 67S Due date for payment of ambulance fee
- 67T Change of payment arrangements
PART 5 - RECOVERY OF AMBULANCE FEES
- 67U Ambulance fee is debt payable to Health Secretary
67V. (Repealed)
- 67W Information to be provided if debt is referred to Chief Commissioner
- 67X Suspension of debt recovery action
PART 6 - FEE REVIEWS
- 67Y Application for review of ambulance fee
- 67Z Review by Health Secretary
- 67ZA Extension of time to pay--on-time review application
- 67ZB Request for additional information
- 67ZC Actions to be taken after review
- 67ZD Notice of outcome of application
PART 6A - (Repealed)
None
PART 7 - MISCELLANEOUS
- 67ZE Unpaid fees may be written off
- 67ZF Service of notices
- 67ZG Form of notices given to Chief Commissioner
CHAPTER 6 - MEDICARE PRINCIPLES AND COMMITMENTS
Note
- 68 Medicare Principles and Commitments
CHAPTER 7 - CHARGES FOR HEALTH SERVICES
Note
- 69 Scale of fees
- 70 Liability of persons for health service fees
- 71 Care and treatment to be provided to persons without means
- 72 Cost of relief granted to injured persons to be a charge on damages
- 73 Order not to be made in certain circumstances
- 74 Fees for medical attendance
- 75 Hospital and other health services provided by Crown
CHAPTER 8 - VISITING PRACTITIONERS
Note
PART 1 - CLASSIFICATION OF VISITING PRACTITIONERS
- 76 Who is a visiting practitioner?
- 77 What are the kinds of visiting practitioners?
- 78 Who is a visiting medical officer?
- 79 Who is an honorary medical officer?
PART 2 - SERVICE CONTRACTS
Division 1 - Classification of service contracts
- 80 What is a service contract?
- 81 What are the kinds of service contracts?
- 82 What is a fee-for-service contract?
- 83 What is a sessional contract?
- 84 What is an honorary contract?
Division 2 - Entry into service contracts
- 85 When can medical practitioners elect to provide their services through their practice companies?
- 86 Service contracts to be in writing
- 87 Minister may approve of standard conditions for service contracts
- 88 Standard service contracts to be used
Division 3 - Arbitrations concerning certain service contracts in the public health system generally
- 89 Application for appointment of arbitrator
- 90 Appointment of arbitrator by relevant Minister
- 91 Nature of determination
- 92 Manner of exercise of arbitrator's functions
- 93 Rights of appearance, administration of oaths, legal representation
- 94 Conduct of proceedings and protection of arbitrator
- 95 Notification of determination and finality of determination
- 96 Appeal to Full Bench of the Industrial Relations Commission
- 97 Interpretation of a determination
- 98 Determination contractually binding
PART 3 - CRIMINAL AND DISCIPLINARY MATTERS CONCERNING VISITING PRACTITIONERS
- 99 Duty to report certain criminal and disciplinary matters
- 99A Duty of chief executive to report certain conduct of visiting practitioner
- 100 Termination of appointments in certain cases of serious sex or violence offences
- 101 Protection of patients, clients and children to be paramount consideration
- 102 No compensation for termination of appointment
- 103 Appeal rights
- 104 Effect of Part on other rights
PART 4 - APPEALS CONCERNING APPOINTMENT DECISIONS
- 105 Public health organisation to notify visiting practitioners of certain decisions
- 106 Right of appeal to Minister
- 107 Notice of appeal to Minister
- 108 Constitution of Committee of Review
- 109 Date and place of hearing
- 110 Right of appearance
- 111 Powers of and procedure before a Committee
- 112 Determination of appeal
- 113 Effect and implementation of order
PART 5 - EFFECT OF ACT ON AGREEMENTS WITH VISITING PRACTITIONERS
- 114 Application of Act to agreements with visiting practitioners
CHAPTER 9 - THE NSW HEALTH SERVICE
PART 1 - EMPLOYMENT OF STAFF IN THE NSW HEALTH SERVICE
- 115 The NSW Health Service
- 116 Employment of staff generally
- 116A Salary, conditions etc of staff employed in the NSW Health Service (other than senior executives)
- 116B Special provisions relating to staff employed in connection with declared affiliated health organisations
- 116C Transfer of staff within the NSW Health Service on ground of redundancy
- 116D Health Secretary may arrange for use of services or facilities outside of NSW Health Service
- 116E Obligations of declared affiliated health organisations under certain legislation
- 116F Operation of privacy legislation
- 116G Miscellaneous provisions relating to civil liability
- 116H Role of Health Secretary in industrial proceedings
PART 2 - CRIMINAL AND DISCIPLINARY MATTERS CONCERNING STAFF OF NSW HEALTH SERVICE
- 117AA Definitions
- 117 Duty to report certain criminal conduct and disciplinary matters
- 117A Duty of chief executive to report certain conduct
- 118 Disciplinary action in certain cases of serious sex or violence offences
- 119 Protection of patients, clients and children to be paramount consideration
- 120 No compensation for termination of employment
- 120A Suspension of members of staff from duty pending decision in relation to misconduct or serious criminal charge
- 121 Effect of Part
PART 3 - NSW HEALTH SERVICE SENIOR EXECUTIVES
- 121A NSW Health Service senior executives
- 121B Employer of senior executives
- 121C Kinds of employment
- 121D Employment in bands and assignment to roles
- 121E Government sector employment rules and employment directions and conditions
- 121F Contract of employment
- 121G Remuneration, benefits and allowances
- 121H Termination of employment
- 121I Acting in executive roles
- 121J Industrial or legal proceedings excluded
- 121K Delegation of employer functions
121L-121T.
CHAPTER 10 - ADMINISTRATION OF THE PUBLIC HEALTH SYSTEM
Note
PART 1 - ADMINISTRATION
- 122 Functions of the Health Secretary
- 123 Inquiries by Health Secretary
- 124 Authorised officers
- 125 Powers of entry and inspection
- 126 Health Secretary may enter into performance agreement with a public health organisation
- 126AA Provision or disclosure of information
PART 1A - PROVISION OF SERVICES
126A. (Repealed)
- 126B Health Secretary to provide certain services
- 126C Appointed bodies
126D-126F. (Repealed)
- 126G Directions by Minister in relation to acquisition of services
- 126H Consent of affiliated health organisations required for certain orders
PART 2 - FINANCE
- 126I Health funding arrangements under the National Health Reform Agreement
- 127 Determination of subsidies
- 127A Deferral of payment of subsidy
- 127B Loans to public health organisations
- 128 Agreement by affiliated health organisation to repay sums
- 129 Funding of recognised establishments and recognised services of affiliated health organisations
- 130 Performance agreements between local health districts and affiliated health organisations they subsidise
PART 3 - TRANSFER OF HOSPITALS, HEALTH INSTITUTIONS, SERVICES AND PROPERTY
- 131 Transfer of hospitals, health institutions, services and property between statutory health organisations
- 132 Consequential and transitional provisions on the making of orders
CHAPTER 11 - MISCELLANEOUS
Note
- 133 Establishment of Samaritan Funds
- 133A Nature of staffing arrangements
- 133B Personal liability of members of boards of statutory health organisations
- 133C Sharing or exchange of information about health practitioner appointments
- 133D Consolidation of annual reporting information for NSW Health entities
- 134 Obstructing or hindering Minister, Health Secretary, authorised officer or other public official
- 135 Authentication of certain documents
- 136 Proof of certain matters not required
- 137 Proceedings for offences
138. (Repealed)
- 139 Liability of persons conducting performance reviews etc
- 139A Liability of certain persons assisting in the exercise of functions under Guardianship Act 1987 and Children and Young Persons (Care and Protection) Act 1998
- 140 Regulations
- 141 Savings and transitional provisions
- 142 Review of Act