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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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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

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