HEALTH SERVICES ACT 1997 - SCHEDULE 7

HEALTH SERVICES ACT 1997 - SCHEDULE 7

SCHEDULE 7 – Savings, transitional and other provisions

(Section 141)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

(2) If the regulations so provide, any such provision may--

(a) have effect despite any specified provision of this Act (including a provision of this Schedule), and

(b) take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

Division 1 - General

2 Definitions

In this Part--


"associated organisation" means an organisation or institution mentioned in the Fourth Schedule to the repealed hospitals Act as in force immediately before its repeal.


"former area health board" means an area health board constituted under section 12 of the repealed area Act and as constituted immediately before its repeal.


"former area health service" means an area health service constituted by section 5 of the repealed area Act and specified in Schedule 2 of that Act as in force immediately before its repeal.


"former health organisation" means--

(a) an associated organisation, or

(b) a former area health service, or

(c) an incorporated hospital, or

(d) a separate institution.

(a) Far West Health Service,

(b) Greater Murray Health Service,

(c) Macquarie Health Service,

(d) Mid North Coast Health Service,

(e) Mid Western Health Service,

(f) New England Health Service,

(g) Northern Rivers Health Service,

(h) Southern Health Service.

(a) of a former area health service means an area health service constituted under this Act on the commencement of Schedule 1 and having the same name as the former area health service, or

(b) of an incorporated hospital that was an incorporated health service means an area health service constituted under this Act on the commencement of Schedule 1 and having the same (or substantially the same) name as the incorporated health service, or

(c) of an incorporated hospital that was not an incorporated health service means a statutory health corporation constituted under this Act on the commencement of Schedule 2 and having the same (or substantially the same) name as the incorporated hospital, or

(d) of a separate institution means an affiliated health organisation specified in Schedule 3 on its commencement having the same name (or having a different name, but being substantially the same organisation or institution) as the separate institution, or

(e) of an associated organisation means an affiliated health organisation specified in Schedule 3 on its commencement and having the same name (or having a different name, but being substantially the same organisation or institution) as an associated organisation.

Division 2 - Former area health services

3 Dissolution of former area health services

A former area health service--

(a) is dissolved on and from the repeal of the repealed area Act, and

(b) its assets, rights and liabilities immediately before its dissolution become assets, rights and liabilities of its successor.

4 Agreements by former area health services

Any agreement between a former area health service and any person that was in force immediately before the dissolution of the former area health service is taken on and from that dissolution to have been entered into between its successor and the person.

5 Delegations by former area health services

Any delegation given by a former area health service under the repealed area Act and in force immediately before the dissolution of that service is taken on and from that dissolution to have been given by its successor.

6 Staff of former area health service

A member of staff of a former area health service is (until other provision is duly made under any Act or law) to be employed as a member of staff of its successor in accordance with any relevant statutory provisions, awards, agreements and determinations that would have applied to the person had the person remained a member of staff of the former area health service and that service not been dissolved.

7 By-laws under repealed area Act

The by-laws in force under section 32 of the repealed area Act immediately before its repeal are taken to have been made under section 39 of this Act. However, this does not prevent the future amendment or repeal of those by-laws.

8 Chief executive officers of former area health boards

(1) A person holding office as a chief executive officer of a former area health board immediately before its dissolution is taken to have been appointed under this Act as the chief executive officer of its successor. Such an appointment is for the remainder of the period of appointment to the position that is abolished by reason of the dissolution of the former area health service.

(2) Appointment by virtue of this clause does not change the contract of employment under Part 2A of the Public Sector Management Act 1988 between the person as an executive officer and the executive officer's employer. The contract is taken to be with the successor of the former area health service.

9 Members of area health boards of former area health services

Each member of the former area health board (including the chief executive officer) of a former area health service holding office immediately before the dissolution of the service is taken to hold office as a member of the area health board of its successor. Such an appointment is for the remainder of the period of appointment to the office that is abolished by reason of the dissolution of the former area health service.

10 Successor same legal entity as former area health service

Subject to this Part, on the dissolution of a former area health service, its successor is taken for all purposes (including the rules of private international law) to be a continuation of and the same legal entity as the former area health service.

11 References to former area health services

(1) A reference in any other Act or instrument made under any other Act or in any instrument of any kind--

(a) to any particular former area health service is taken to be a reference to its successor, and

(b) to an area health service constituted under the repealed area Act is taken to be a reference to an area health service constituted under this Act.

(2) This clause does not apply to the State Public Service Superannuation Act 1985 .

Division 3 - Incorporated health service

12 Dissolution of incorporated health service

An incorporated health service--

(a) is dissolved on and from the repeal of the repealed hospitals Act, and

(b) its assets, rights and liabilities immediately before its dissolution become assets, rights and liabilities of its successor.

13 Assets, rights, liabilities, staff and other things of certain hospitals taken to belong to certain incorporated health services

(1) Wyalong Health Service On and from 16 March 1996--

(a) the Wyalong Health Service is taken to have been transferred to the Greater Murray Health Service, and

(b) the assets, rights and liabilities relating solely or principally to the operation of the Wyalong Health Service are taken to have been the assets, rights and liabilities of the Greater Murray Health Service, and

(c) a member of staff at the Wyalong Health Service is taken to have been employed as a member of staff of the Greater Murray Health Service in accordance with any relevant statutory provisions, awards, agreements and determinations that applied to the person during the relevant period, and

(d) any agreement between the hospital owner and another person relating solely or principally to the operation of the Wyalong Health Service is taken to be an agreement between the Greater Murray Health Service and the person, and

(e) any delegation given by the hospital owner in respect of the Wyalong Health Service is taken to have been given by the Greater Murray Health Service, and

(f) any by-laws in force under section 28 of the repealed hospitals Act in respect of the Wyalong Health Service are taken to have been made by the Greater Murray Health Service, and

(g) any act, matter or thing done by the Greater Murray Health Service during the relevant period in relation to the Wyalong Health Service that could have been done validly by the hospital owner is validated to the extent of any invalidity.

(2) Balranald District Hospital and Wentworth District Hospital and Health Service On and from 16 March 1996--

(a) the Balranald District Hospital and the Wentworth District Hospital and Health Service are taken to have been transferred to the Far West Health Service, and

(b) the assets, rights and liabilities relating solely or principally to the operation of the hospitals are taken to have been the assets, rights and liabilities of the Far West Health Service, and

(c) a member of staff at either hospital is taken to have been employed as a member of staff of the Far West Health Service in accordance with any relevant statutory provisions, awards, agreements and determinations that applied to the person during the relevant period, and

(d) any agreement between the hospital owner and another person relating solely or principally to the operation of the hospital concerned is taken to be an agreement between the Far West Health Service and the person, and

(e) any delegation given by the hospital owner in respect of the hospital concerned is taken to have been given by the Far West Health Service, and

(f) any by-laws in force under section 28 of the repealed hospitals Act in respect of either hospital are taken to have been made by the Far West Health Service, and

(g) any act, matter or thing done by the Far West Health Service during the relevant period in relation to the hospitals that could have been done validly by the hospital owner is validated to the extent of any invalidity.

(3) Minister may confirm transfer The Minister may, by notice in writing, confirm a transfer of assets, rights, liabilities or staff by operation of this Part. Such a notice is conclusive evidence of that transfer.

(4) Definitions In this clause--


"Balranald District Hospital" means the hospital known as the Balranald District Hospital located at Balranald.


"Far West Health Service" means the incorporated health service named the Far West Health Service.


"Greater Murray Health Service" means the incorporated health service named the Greater Murray Health Service.


"hospital owner" means--

(a) in relation to the Wyalong Health Service--the Mid Western Health Service, and

(b) in relation to the Balranald District Hospital and the Wentworth District Hospital and Health Service--the Greater Murray Health Service.

"relevant period" means the period commencing on 16 March 1996 and ending on the date of the repeal of the repealed hospitals Act.


"Wentworth District Hospital and Health Service" means the hospital known as the Wentworth District Hospital and Health Service located at Wentworth.


"Wyalong Health Service" means the hospital known as the Wyalong Health Service located at West Wyalong.

14 Agreements by incorporated health services

Any agreement between an incorporated health service and any person that was in force immediately before the dissolution of the incorporated health service is taken on and from that dissolution to have been entered into between its successor and the person.

15 Delegations by incorporated health services

Any delegation given by an incorporated health service under the repealed hospitals Act and in force immediately before the dissolution of that service is taken on and from that dissolution to have been given by its successor.

16 Staff of incorporated health service

A member of staff of an incorporated health service is (until other provision is duly made under any Act or law) to be employed as a member of staff of its successor in accordance with any relevant statutory provisions, awards, agreements and determinations that would have applied to the person had the person remained a member of staff of the incorporated health service and that service not been dissolved.

17 By-laws under repealed hospitals Act

The by-laws in force under section 28 of the repealed hospitals Act immediately before its repeal in relation to an incorporated health service are taken to have been made under section 39 of this Act. However, this does not prevent the future amendment or repeal of those by-laws.

18 Chief executive officers of incorporated health services

(1) A person holding office as a chief executive officer of an incorporated health service immediately before its dissolution is taken to have been appointed under this Act as the chief executive officer of its successor. Such an appointment is for the remainder of the period of appointment to the position that is abolished by reason of the dissolution of the incorporated health service.

(2) Appointment by virtue of this clause does not change the terms of the contract of employment between the person as an executive officer and the executive officer's employer.

(3) However--

(a) the contract is taken to be with the successor of the incorporated health service, and

(b) the chief executive officer's appointment is also taken to be an appointment made under section 28 of this Act and therefore to be an appointment to which Part 2A (but not Part 2) of the Public Sector Management Act 1988 applies.

19 Members of board of directors of incorporated health services

Each member of the board of directors (including the chief executive officer) of an incorporated health service holding office immediately before the dissolution of the service is taken to hold office as a member of the area health board of its successor. Such an appointment is for the remainder of the period of appointment to the office that is abolished by reason of the dissolution of the incorporated health service.

20 Successor same legal entity as incorporated health service

Subject to this Part, on the dissolution of an incorporated health service, its successor is taken for all purposes (including the rules of private international law) to be a continuation of and the same legal entity as the incorporated health service.

21 References to incorporated health services

(1) A reference in any other Act or instrument made under any other Act or in any instrument of any kind to any particular incorporated hospital that was an incorporated health service is taken to be a reference to its successor.

(2) This clause does not apply to the State Public Service Superannuation Act 1985 .

Division 4 - Incorporated hospitals other than incorporated health services

22 Application of this Division

This Division applies to any incorporated hospital other than an incorporated health service.

23 Dissolution of incorporated hospital

An incorporated hospital--

(a) is dissolved on and from the repeal of the repealed hospitals Act, and

(b) its assets, rights and liabilities immediately before its dissolution become assets, rights and liabilities of its successor.

24 Agreements by incorporated hospitals

Any agreement between an incorporated hospital and any person that was in force immediately before the dissolution of the incorporated hospital is taken on and from that dissolution to have been entered into between its successor and the person.

25 Delegations by former incorporated hospitals

Any delegation given by an incorporated hospital under the repealed hospitals Act and in force immediately before the dissolution of that service is taken on and from that dissolution to have been given by its successor.

26 Staff of incorporated hospital

A member of staff of an incorporated hospital is (until other provision is duly made under any Act or law) to be employed as a member of staff of its successor in accordance with any relevant statutory provisions, awards, agreements and determinations that would have applied to the person had the person remained a member of staff of the incorporated hospital.

27 By-laws under repealed hospitals Act

The by-laws in force under section 28 of the repealed hospitals Act immediately before its repeal in relation to an incorporated hospital are taken to have been made under section 60 of this Act. However, this does not prevent the future amendment or repeal of those by-laws.

28 Chief executive officers of incorporated hospitals

(1) A person holding office as a chief executive officer of an incorporated health service immediately before its dissolution is taken to have been appointed under this Act as the chief executive officer of its successor. Such an appointment is for the remainder of the period of appointment to the position that is abolished by reason of the dissolution of the incorporated hospital.

(2) Appointment by virtue of this clause does not change the terms of the contract of employment between the person as an executive officer and the executive officer's employer.

(3) However--

(a) the contract is taken to be with the successor of the incorporated hospital, and

(b) the chief executive officer's appointment is taken, for the purposes of section 51--

(i) if the officer's current appointment is to a position referred to in Schedule 3B to the Public Sector Management Act 1988 --to be an appointment to which Part 2A of that Act applies, or

(ii) in any other case--to be an appointment to which Part 2A of that Act does not apply.

29 Members of board of directors of incorporated hospitals

Each member of the board of directors (including the chief executive officer) of an incorporated hospital holding office immediately before the dissolution of the hospital is taken to hold office as a member of the health corporation board of its successor. Such an appointment is for the remainder of the period of appointment to the office that is abolished by reason of the dissolution of the incorporated hospital.

30 Preservation of existing functions

(1) The successor of an incorporated hospital has the same functions as the incorporated hospital had immediately before its dissolution.

(2) However, nothing in this clause prevents the future alteration of the functions of the successor, by or under this Act.

31 Successor same legal entity as incorporated hospital

Subject to this Part, on the dissolution of an incorporated hospital, its successor is taken for all purposes (including the rules of private international law) to be a continuation of and the same legal entity as the incorporated hospital.

32 References to incorporated hospitals

(1) A reference in any other Act or instrument made under any other Act or in any instrument of any kind--

(a) to any particular incorporated hospital is taken to be a reference to its successor, and

(b) to an incorporated hospital constituted under the repealed hospitals Act is taken to be a reference to a statutory health corporation constituted under this Act.

(2) This clause does not apply to the State Public Service Superannuation Act 1985 .

Division 5 - Separate institutions

33 By-laws under repealed hospitals Act

Any by-laws made by a separate institution in force under section 29AE of the repealed hospitals Act immediately before its repeal are taken to have been made under section 63 of this Act by its successor. However, this does not prevent the future amendment or repeal of those by-laws.

34 Borrowing by separate institutions

The repeal of sections 37 and 37A of the repealed hospitals Act does not affect any borrowing by a separate institution effected before the repeal of the repealed hospitals Act. Those provisions continue to apply to that borrowing until such time as it is repaid by its successor.

35 Funding agreements under section 17A of repealed hospitals Act

Any agreement made under section 17A of the repealed hospitals Act in relation to a separate institution that is in force on the repeal of that Act is taken to be an agreement made under section 128 of this Act in relation to its successor.

36 References to separate institutions

(1) A reference in any other Act or instrument made under any other Act or in any instrument of any kind to a separate institution is taken to be a reference to an affiliated health organisation.

(2) This clause does not apply to the State Public Service Superannuation Act 1985 .

Division 6 - Associated organisations

37 Borrowing by associated organisations

The repeal of sections 37 and 37A of the repealed hospitals Act does not affect any borrowing by an associated organisation effected before the repeal of the repealed hospitals Act. Those provisions continue to apply to that borrowing until such time as it is repaid by its successor.

38 References to associated organisations

(1) A reference in any other Act or instrument made under any other Act or in any instrument of any kind to an associated organisation is taken to be a reference to an affiliated health organisation.

(2) This clause does not apply to the State Public Service Superannuation Act 1985 .

Division 7 - Miscellaneous

39 Existing Samaritan Funds

(1) Any Samaritan Fund established under section 40A of the repealed hospitals Act and in effect immediately before its repeal is taken to be a Samaritan Fund established under section 133 of this Act by the public health organisation that controls the hospital in respect of which the original Samaritan Fund was established.

(2) A reference in this clause to a public health organisation includes a reference to the Crown in relation to any public hospital controlled by the Crown (including the Minister or the Health Administration Corporation).

40 Debts owing by patients of public hospitals under repealed hospitals Act

(1) A debt owing to a board under section 30 or 30A of the repealed hospitals Act is taken to be a debt owing under section 70 or 72 (as the case may be) of this Act to the public health organisation that controls the hospital in respect of which the debt is owed.

(2) A reference in this clause to a public health organisation includes a reference to the Crown in relation to any public hospital controlled by the Crown (including the Minister or the Health Administration Corporation).

41 Employment matters under repealed area Act and repealed hospitals Act

(1) In this clause--


"existing employment agreement or determination" means--

(a) any agreement or determination in respect of officers or employees of a former area health service or former area health services made under section 26 of the repealed area Act that is in force immediately before the repeal of that section, and

(b) any agreement or determination in respect of officers or employees of a hospital or hospitals made under section 40BA of the repealed hospitals Act that is in force immediately before the repeal of that section.

"hospital" has the same meaning as it had in section 40BA of the repealed hospitals Act immediately before its repeal.

(2) Any existing employment agreement or determination is taken to have been made under section 115 of this Act and therefore binds the successor of the former area health service or hospital to which it originally related.

(3) Nothing in this clause prevents the making of any future agreement or determination under section 115 of this Act.

42 Arbitrations under repealed hospitals Act

(1) The provisions of Part 5C of the repealed hospitals Act, as in force immediately before its repeal, continue to apply to arbitrations under that Part that have not been determined before that repeal.

(2) For the purposes of subclause (1), any reference in Part 5C of the repealed hospitals Act (or any instrument made under that Part)--

(a) is, to the extent that it applies to any particular former area health service, incorporated hospital or separate institution (or governing body), to be read as a reference to the successor of the service, hospital or institution concerned, and

(b) to former area health services, incorporated hospitals or separate institutions (or their governing bodies) generally is to be read as a reference to public health organisations.

43 Appeals under repealed hospitals Act

(1) The provisions of Part 6B of the repealed hospitals Act, as in force immediately before its repeal, continue to apply to appeals under that Part that have not been determined before that repeal.

(2) For the purposes of subclause (1), any reference in Part 6B of the repealed hospitals Act (or any instrument under that Part) to the
"board" is to be read as a reference to the public health organisation that is the successor to the former area health service, incorporated hospital, separate institution or associated organisation concerned.

44 Approved standard contracts under repealed hospitals Act

(1) Any standard conditions approved by the Minister under section 29RB of the repealed hospitals Act and in force immediately before the repeal of that Act are taken to be standard conditions approved under section 87 of this Act.

(2) Any reference in those standard conditions--

(a) to any particular former area health service, incorporated hospital or separate institution is to be read as a reference to the successor of the service, hospital or institution, or

(b) to former area health services, incorporated hospitals or separate institutions generally is to be read as a reference to area health services, statutory health corporations and affiliated health organisations, respectively, within the meaning of this Act.

(3) For the purposes of section 89(3), 5 years is taken to be the period specified by an order of the Minister made under section 29RB of the repealed hospitals Act approving any such standard conditions.

(4) Nothing in this clause prevents the making of any future orders under section 87 of this Act approving standard conditions.

44A Determination under repealed hospitals Act

(1) In this clause--


"existing determination" means the Public Hospitals (Visiting Medical Officers--Sessional Contracts) Determination 1994, made under Division 2 of Part 5C of the Public Hospitals Act 1929 and which, immediately before the repeal of that Act, applied to sessional visiting medical officers by operation of section 29R of that Act.

(2) The existing determination is taken to be a determination made under Division 3 of Part 2 of Chapter 8 and applying, by virtue of section 98, in relation to any service contract between an organisation and a visiting medical officer providing his or her services as an individual.

(3) A reference in that determination--

(a) to any particular former area health service, incorporated hospital or separate institution is to be read as a reference to the successor of the service, hospital or institution, as the case may be, or

(b) to former area health services, incorporated hospitals or separate institutions generally is to be read as a reference to area health services, statutory health corporations and affiliated health organisations, respectively.

(4) On and from a date appointed by proclamation for the purposes of this subclause, the existing determination is taken to also be a determination made under Division 3 of Part 2 of Chapter 8 and applying, by virtue of section 98, in relation to any service contract between an organisation and a practice company through which a visiting medical officer provides services (in accordance with section 85).

Date appointed for the purposes of this subclause: 30.6.2000--see Gazette No 81 of 30.6.2000, p 5354.

(5) On and from that date, a reference in that determination--

(a) to any particular former area health service, incorporated hospital or separate institution is to be read as a reference to the successor of the service, hospital or institution, as the case may be, or

(b) to former area health services, incorporated hospitals or separate institutions generally is to be read as a reference to area health services, statutory health corporations and affiliated health organisations, respectively, or

(c) to a contract with or payment to a visiting medical officer is to be read as including a reference to a contract with or payment to a visiting medical officer's practice company, or

(d) to the termination of a sessional contract is to be read as including a reference to the termination of a visiting medical officer's appointment as a visiting medical officer.

(6) Nothing in this clause prevents the making of any future orders under section 87 approving standard conditions.

45 Scale of fees under repealed hospitals Act

(1) Any scale of fees fixed by the Minister under section 30(8) of the repealed hospitals Act and in force on the date of the repeal of that Act is taken to be a scale of fees fixed by the Minister under section 69 of this Act.

(2) Nothing in this clause prevents the future fixing, amendment or revocation of a scale of fees under section 69 of this Act.

46 Descriptions of parts of areas of area health services

Until a regulation made under section 18(2) of this Act provides otherwise--

(a) a reference in column 2 of Schedule 1 to the area "Sydney and South Sydney (part)" in relation to the Central Sydney Area Health Service is a reference to the western sector of the cities of Sydney and South Sydney with the boundaries as shown on the map deposited in the principal office of the Department of Health marked "Area Health Service Boundaries--Cities of Sydney and South Sydney", and

(b) a reference in column 2 of Schedule 1 to the area "Sydney and South Sydney (part)" in relation to the South Eastern Sydney Area Health Service is a reference to the eastern sector of the cities of Sydney and South Sydney with the boundaries as shown on the map deposited in the principal office of the Department of Health marked "Area Health Service Boundaries--Cities of Sydney and South Sydney".

47 Effect of amendments to other Acts on existing appointments

An amendment made by Schedule 6 to a provision of any other Act does not affect the validity of any appointment made under that provision before its amendment by that Schedule.

48 Existing visiting practitioners

(1) Subject to this Schedule, a person who was a visiting practitioner within the meaning of the repealed hospitals Act of a former health organisation immediately before the repeal of that Act is taken to be a visiting practitioner under this Act appointed as such by the successor of the organisation.

(2) Section 100 is taken not to apply to any conviction for a serious sex or violence offence of a person referred to in subclause (1) if, before the person was appointed as a visiting practitioner by the former health organisation concerned, the Director-General (or a person acting on behalf of the Director-General) notified the chief executive officer or the governing body of the organisation that, despite the conviction, he or she approved of (or did not object to) the person being appointed as a visiting practitioner.

49 Disclosure of serious sex or violence offences by existing employees

(1) Section 118 is taken not to apply to any conviction for a serious sex or violence offence of an existing employee if, before the person was employed by the former health organisation concerned, the Director-General (or a person acting on behalf of the Director-General) notified the chief executive officer or the governing body of the organisation that, despite the conviction, he or she approved of (or did not object to) the person being employed by the organisation.

(2) In this clause--


"existing employee" means a person who, by operation of this Schedule, is taken to be an employee of the successor of a former health organisation.

50 Model by-laws for former area health services preserved

(1) Any order of the Minister setting the terms of model by-laws made under section 32 of the former area Act that was published in the Gazette and was in force immediately before the repeal of that Act is taken--

(a) to be an order of the Minister made under section 39(2) of this Act, and

(b) to set out model by-laws in respect of which the Minister has received advice from the Medical Services Committee for the purposes of section 39(3)(a) of this Act.

(2) Any reference in any such by-laws--

(a) to an area health service is taken to be a reference to an area health service within the meaning of this Act, and

(b) to an area health board is taken to be a reference to an area health board within the meaning of this Act, and

(c) to a chief executive officer of an area health board is taken to be a reference to a chief executive officer of an area health service within the meaning of this Act, and

(d) to a visiting practitioner in relation to a hospital under the control of an area health service is taken to be a visiting practitioner of an area health service within the meaning of this Act, and

(e) to the clinical privileges of a visiting practitioner is taken to be a reference to clinical privileges within the meaning of section 105(2) of this Act.

(3) Nothing in this clause prevents the making of a future order under section 39(2) of this Act.

51 Minister entitled to certain payments under Local Government and Other Authorities (Superannuation) Act 1927

(cf PH Act s 40BB)

(1) Any money that would, but for this subclause, be payable to a public health organisation under section 15Y or 15Z of the Local Government and Other Authorities (Superannuation) Act 1927 is to be paid to the Minister instead.

(2) The Minister may, on the written application of a contributing employer, pay to the employer such part of any money the Minister has received under subsection (1) in respect of a contributor or former contributor as the Minister considers proper having regard to the payments made by the employer to the Board in respect of the contributor or former contributor.

(3) In this clause--


"Board" has the same meaning as in the Local Government and Other Authorities (Superannuation) Act 1927 .


"contributing employer" means a person who has--

(a) employed a contributor or former contributor, and

(b) made payments to the Board in respect of the contributor or former contributor.

"contributor" and
"former contributor" have the same meanings as in sections 15Y and 15Z of the Local Government and Other Authorities (Superannuation) Act 1927 .

52 References to repealed area Act and repealed hospitals Act

(1) A reference in any other Act or instrument made under an Act, or in any instrument of any kind, to the repealed area Act or the repealed hospitals Act is taken to be a reference to this Act.

(2) This clause does not apply to the State Public Service Superannuation Act 1985 .

53 Reference to this Act in Health Care Complaints Act 1993

A reference in section 25(1) of the Health Care Complaints Act 1993 to this Act is taken to include a reference to the repealed area Act and the repealed hospitals Act.

Note : Section 25 of the Health Care Complaints Act 1993 requires the Health Care Complaints Commission to notify the Director-General of the details of a complaint under that Act if it appears to the Commission that it involves a possible breach of any of the various Acts (or the regulations made under them) listed in that section.

This clause ensures that the reference in that Act to this Act will be read so as to require the Commission to notify the Director-General of possible breaches of the repealed area Act and the repealed hospitals Act committed before their repeal.

54 General savings

Subject to this Schedule, anything done by, to or in relation to a former health organisation is taken to have been done by, to or in relation to the successor of the organisation.

Part 3 - Provisions consequent on the enactment of the Health Legislation Amendment Act 1999

55 Validation of loans to public health organisations

Any loan made before the commencement of this clause to an area health service, statutory health corporation or affiliated health organisation out of money appropriated from the Consolidated Fund to the Minister for Health is validated.

Part 4 - Provisions consequent on the enactment of the Health Services Amendment Act 2004

56 Definition

In this Part,
"the 2004 amending Act" means the Health Services Amendment Act 2004 .

57 Abolition of area health boards

(1) Each area health board constituted under section 23, as in force immediately before the commencement of Schedule 1[2[#93] to the 2004 amending Act, is abolished.

(2) The members of each area health board cease to hold office on the commencement of Schedule 1[2[#93] to the 2004 amending Act, but are not entitled to be paid any compensation by reason of ceasing to hold office.

(3) The chief executive officer of an area health service is not removed from office just because he or she ceases to be a member of the area health board for the service.

58 Abolition of health corporation board for The Royal Alexandra Hospital for Children

(1) The health corporation board for The Royal Alexandra Hospital for Children, as existing immediately before the commencement of Schedule 1[28[#93] to the 2004 amending Act, is abolished.

(2) The members of the health corporation board for The Royal Alexandra Hospital for Children cease to hold office on the commencement of Schedule 1[28[#93] to the 2004 amending Act, but are not entitled to be paid any compensation by reason of ceasing to hold office.

59 Appointment of first health executives

(1) This clause applies to the following positions--

(a) the position of chief executive of an area health service,

(b) a position that, as at the commencement of this clause, is the subject of a determination in force under section 121B(1)(b).

(2) On the commencement of Schedule 1[27[#93] to the 2004 amending Act, a person who, immediately before that commencement, held a position to which this clause applies, or was an appointee to such a position, is taken to have been appointed to the position under section 121C(1).

(3) Until further provision is made under Part 3 of Chapter 9, the person's conditions of employment (including remuneration) are, subject to that Part, to be the same as those that applied to the person immediately before the commencement of Schedule 1[27[#93] to the 2004 amending Act.

(4) An appointment by the Governor under section 28, as in force immediately before the commencement of Schedule 1[2[#93] to the 2004 amending Act, has the same effect as if it were an appointment by the Health Administration Corporation under section 121C, as inserted by that Act.

60 Existing executive officers

Any person within the NSW Health Service who, immediately before the commencement of Schedule 1[27[#93] to the 2004 amending Act, was an executive officer under Part 3.1 of the Public Sector Employment and Management Act 2002 , is taken, on that commencement, to be a health executive under Part 3 of Chapter 9 of this Act.

61 Unattached officers

Any person who, immediately before the commencement of section 121N, was an unattached officer under section 77 of the Public Sector Employment and Management Act 2002 , being a person who was then--

(a) an employee in the NSW Health Service, or

(b) an employee of an area health service, having been the chief executive officer of the service immediately before he or she became an unattached officer,

Part 5 - Provisions consequent on enactment of Public Sector Employment Legislation Amendment Act 2006

62 Definitions

In this Part--


"amending Act" means the Public Sector Employment Legislation Amendment Act 2006 .


"former corporation" means the Ambulance Service of New South Wales constituted under the repealed Act.


"relevant commencement" means--

(a) in relation to an area health service or a statutory health corporation--the commencement of Schedule 2[27[#93] to the amending Act, or

(b) in relation to an affiliated health organisation--the day on which the organisation becomes a declared affiliated health organisation.

(a) an area health service, or

(b) a statutory health corporation, or

(c) a declared affiliated health organisation.

63 Transitional provision--construction of superseded references

(1) In any other Act, or in any instrument made under any Act or in any other instrument of any kind (whether enacted, made or executed before or after the commencement of this clause)--

(a) a reference to a member of staff or employee (however described) of a relevant public health organisation is to be read as including a reference to a member of staff of that part of the NSW Health Service comprising the group of staff who are employed under Part 1 of Chapter 9 to enable the public health organisation to exercise its functions, and

(b) a reference to a relevant public health organisation in its capacity as an employer of staff (however described) is, to the extent that the staff concerned comprise a group of staff employed under Part 1 of Chapter 9 to enable the public health organisation to exercise its functions, to be read as including a reference to the Director-General, and

(c) a reference to the Health Administration Corporation in relation to the employment of staff is to be read as including a reference to the Director-General.

(2) This clause is subject to the regulations.

64 Existing staff of public health organisations and Health Administration Corporation

(1) A person who, immediately before the relevant commencement, was employed as a member of staff (however described) of a relevant public health organisation or the Health Administration Corporation (
"the Corporation" )--

(a) ceases, on that commencement, to be employed by the public health organisation or the Corporation, and

(b) is taken, on that commencement, to be employed under Part 1 of Chapter 9 as a member of staff of the NSW Health Service.

(2) Any such person who, under subclause (1), becomes a member of staff of the NSW Health Service--

(a) is, until such time as provision is otherwise made under this Act or any other law, to continue to be employed in accordance with the same terms and conditions (including the terms of any State industrial instrument) that applied to the person as a member of staff of the relevant public health organisation or the Corporation, and

(b) is taken, for the purposes of this clause, to have been transferred to the NSW Health Service from the employment of the public health organisation or the Corporation.

(3) If an award under the Workplace Relations Act 1996 of the Commonwealth (
"the Federal award" ) applied to the person as a member of staff of the public health organisation or Corporation immediately before the relevant commencement, a State industrial instrument in the nature of an award is taken to have been created in the same terms as the Federal award and is taken to apply to the person for the purposes of subclause (2).

(4) If a certified agreement under the Workplace Relations Act 1996 of the Commonwealth (
"the Federal agreement" ) applied to the person as a member of staff of the public health organisation or Corporation immediately before the relevant commencement, a State industrial instrument in the nature of an enterprise agreement is taken to have been created in the same terms as the Federal agreement and is taken to apply to the person for the purposes of subclause (2).

(5) The terms of any such instrument created as provided by subclause (3) or (4) have effect despite anything to the contrary in the Annual Holidays Act 1944 , the Long Service Leave Act 1955 , the Industrial Relations Act 1996 or any other law of the State.

(6) A person who is transferred under this clause--

(a) retains any rights to annual leave, long service leave, sick leave, and other forms of leave, accrued or accruing in his or her employment with the organisation or body from which the person is transferred, and

(b) is not entitled to receive any payment or other benefit merely because the person ceases to be a member of staff of the organisation or body from which the person is transferred, and

(c) is not entitled to claim, both under this Act or any other Act, dual benefits of the same kind for the same period of service.

(7) A relevant public health organisation is liable for the cost of any leave entitlements for a person who is transferred under this clause that have accrued up until the date on which the person is transferred (
"the transfer date" ).

(8) The Minister may, from time to time, direct a relevant public health organisation to meet the cost of its liability in respect of any leave entitlements that have accrued before the transfer date. Any such direction has effect despite any determination made in respect of the public health organisation under section 127.

(9) This clause is subject to the provisions of this Act and the regulations.

65 Existing executive officers

Any person within the NSW Health Service who, immediately before the commencement of Schedule 2[27[#93] to the amending Act, was an executive officer under Part 3.1 of the Public Sector Employment and Management Act 2002 , is taken, on that commencement, to be a health executive under Part 3 of Chapter 9 of this Act.

66 Abolition of former corporation

(1) On the repeal date--

(a) the former corporation is abolished, and

(b) any assets, rights and liabilities of the former corporation become the assets, rights and liabilities of the Health Administration Corporation.

(2) Except as provided by clause 71, a reference in any other Act, or in any instrument of any kind (including any contract or agreement) to the former corporation is to be construed as a reference to the Health Administration Corporation.

(3) In this clause--


"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.


"liabilities" means all liabilities, debts and obligations (whether present or future and whether vested or contingent).


"rights" means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).

67 Ambulance Service Board

(1) On the repeal date--

(a) the Ambulance Service Board constituted under the repealed Act is abolished, and

(b) each person who held office as a director of the Board (other than the Chief Executive Officer of the Board) immediately before that date ceases to hold that office.

(2) A person who, under this clause, ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.

(3) However, the person is taken to have been appointed as a member of the Ambulance Service Advisory Council, subject to Schedule 6 (as inserted by the amending Act), for the remainder of the term for which the person was appointed as a director of the Ambulance Service Board.

68 Chief Executive Officer of Ambulance Service Board

(1) The person holding office as the Chief Executive Officer of the Ambulance Service Board immediately before the repeal date ceases to hold that office on that date but is taken to be employed as a health executive (within the meaning of Part 3 of Chapter 9) for the balance of the person's term of appointment as Chief Executive Officer of the Ambulance Service Board.

(2) The continuation of a person's employment under subclause (1) is subject to Part 3 of Chapter 9.

69 Transfer of staff of former corporation

(1) A person who, immediately before the repeal date, was employed as a member of staff of the former corporation, is taken, on that date, to be employed as a member of staff of the Ambulance Service of NSW.

(2) Any such person who, under subclause (1), becomes a member of staff of the Ambulance Service of NSW is, until such time as provision is otherwise made under this Act or any other law, to continue to be employed in accordance with the same terms and conditions (including the terms of any State industrial instrument) that applied to the person as a member of staff of the former corporation.

(3) A reference in any other Act or instrument to a member of staff (however described) of the former corporation is to be construed as a reference to a member of staff of the Ambulance Service of NSW.

(4) This clause is subject to the provisions of this Act (including clause 70) and the regulations.

70 Appointment of certain staff of former corporation as executive officers

(1) This clause applies to a position on the staff of the former corporation that is, as at the repeal date, the subject of a determination under section 121B(1)(b).

(2) On the repeal date, a person who, immediately before that date, held a position to which this clause applies, or was an appointee to such a position, is taken to have been appointed to the position under section 121C(1).

(3) Until further provision is made under Part 3 of Chapter 9, the person's conditions of employment (including remuneration) are, subject to that Part, to be the same as those that applied to the person immediately before the repeal date.

71 Continuation of regulation made under repealed Act

(1) The Ambulance Services Regulation 2005 , as in force immediately before the repeal date, continues in force and is taken to be a regulation made under this Act.

(2) The Regulation continued in force by subclause (1) (
"the continued regulation" ) may be amended and repealed in the same way as any other regulation made under this Act.

(3) A reference in the continued regulation to the Ambulance Service (other than a reference that relates to a member of staff of the Ambulance Service) is to be construed as a reference to the chief executive of the Ambulance Service of NSW.

(4) In exercising any of the functions of the former corporation under the continued regulation, the chief executive of the Ambulance Service of NSW may delegate to any person any of the functions that the chief executive may exercise as a result of subclause (3).

72 Existing workers compensation policies of insurance

A policy of insurance issued to a public health organisation under the Workers Compensation Act 1987 and in force immediately before the relevant commencement for the organisation concerned is also taken to have been issued to the Government of New South Wales (but only as a policy that is limited to workers employed in the NSW Health Service to enable the public health organisation to exercise its functions).

73 Special provisions relating to The Stewart House Preventorium, Curl Curl

(1) The amendments made to this Act by the amending Act do not apply to or in respect of The Stewart House Preventorium until the day appointed by proclamation by the Governor for the purposes of this clause.

(2) Until that appointed day, this Act continues to apply to and in respect of The Stewart House Preventorium (including in relation to the employment of any staff) as if the amending Act had not been enacted.

Part 6 - Provision consequent on enactment of Health Practitioner Regulation Amendment Act 2010

74 Service contracts

Despite its repeal by the Health Practitioner Regulation Amendment Act 2010 , section 85(3) continues to apply to a service contract between a public health organisation and a medical practitioner's practice company that was entered into and in force immediately before its repeal.

Part 7 - Provisions consequent on enactment of Health Services Amendment (Local Health Networks) Act 2010

75 Definitions

In this Part--


"amending Act" means the Health Services Amendment (Local Health Networks) Act 2010 .


"existing area health advisory council" means an area health advisory council for an existing area health service.


"existing area health service" means an area health service in existence immediately before the network establishment day.


"existing by-laws" means any by-laws made by an area health service that were in force immediately before the network establishment day.


"local health network" means a local health network constituted by this Act (as in force on the network establishment day).


"network establishment day" means the day on which Schedule 1 is substituted by the amending Act.

76 Dissolution of existing area health services

On and from the network establishment day--

(a) each existing area health service is dissolved, and

(b) each existing area health advisory council is dissolved, and

(c) the members (including chairpersons) of each existing area health advisory council cease to hold office as such, and

(d) any person who ceases to be a member of an existing area health advisory council because of the operation of this clause is not entitled to any compensation for the loss of that office.

77 Transfers of assets, rights, liabilities and staff of area health services

(1) Without limiting the generality of section 131, the Governor may make an order under that section during the transitional period as if any reference in the section to a statutory health organisation also included references to both a proposed local health network and proposed statutory health corporation.

(2) Section 131(3) does not apply during the transitional period in relation to an order made under that section that transfers to a proposed local health network, proposed statutory health corporation, local health network or statutory health corporation--

(a) a public hospital, health institution, health service or health support service under the control of an area health service, or

(b) any assets, rights or liabilities of an area health service.

(3) A transfer under an order made under section 131 to a proposed local health network or proposed statutory health corporation is taken to have effect on the network establishment day.

(4) The provisions of Schedule 4 apply in relation to any of the residual assets, rights and liabilities of each area health service dissolved by operation of clause 76 as if--

(a) an order under section 20(1)(a) had been made dissolving the service on the network establishment day, and

(b) Schedule 4 continued to apply in relation to the dissolution of an area health service by an order made under that section in the same way as it applied to such a dissolution immediately before the network establishment day.

(5) The Governor may make an order under section 131 transferring to any one or more statutory health organisations any residual assets, rights or liabilities of an area health service that are vested in the Minister by operation of subclause (4) as if the Minister were a statutory health organisation for the purposes of that section. Section 131(3) does not apply in relation to such an order.

(6) Without limiting clause 18 of Schedule 4, regulations of a savings and transitional nature may be made consequent on the dissolution of an existing area health service by clause 76.

(7) In this clause--


"proposed local health network" means a local health network to be constituted on the network establishment day.


"proposed statutory health corporation" means a statutory health corporation to be constituted on the network establishment day.


"residual assets, rights and liabilities" of an existing area health service dissolved by operation of clause 76 means any assets, rights and liabilities of the area health service that--

(a) have not already been transferred under this Act to another person before the network establishment day, and

(b) will not otherwise be transferred to a local health network or statutory health corporation on the network establishment day by means of an order made under section 131 or any other provision of this Act.

"transitional period" means the period commencing on the day on which this clause commences and ending on the day immediately after the network establishment day.

78 Constitution of local health networks

(1) Each of the local health networks specified in Schedule 1 (as substituted by the amending Act) is constituted as such on the network establishment day, subject to subclause (2).

(2) Nothing in this clause prevents the amendment of Schedule 1 (whether on or after the network establishment day) by an order made under section 19 or 20.

79 Change in corporate governance of The Sydney Children's Hospitals Network

(1) The SCHN becomes a network governed health corporation on the reconstitution day.

(2) A person who was a member of the existing advisory council of the SCHN immediately before the reconstitution day--

(a) ceases to be a member of the existing advisory council on that day, and

(b) if the person consents, becomes instead a member of the governing council of the SCHN.

(3) A person who becomes a member of the governing council of the SCHN by operation of subclause (2) holds office as such for a term of 2 years commencing on the reconstitution day unless the person vacates office before the expiry of that term.

(4) The provisions of this clause have effect despite anything to the contrary in Division 2 of Part 2 of Chapter 3 (as applied to network governed health corporations by section 52F), including in relation to the maximum number of members for the governing council of a network governed health corporation.

(5) In this clause--


"existing advisory council" of the SCHN means the advisory council constituted for the SCHN under section 52D that was in existence immediately before the reconstitution day.


"reconstitution day" means the day on which Schedule 1[35[#93] to the amending Act commences.


"SCHN" means the statutory health corporation with the corporate name "The Sydney Children's Hospitals Network (Randwick and Westmead) (incorporating The Royal Alexandra Hospital for Children)".

80 Preservation of existing by-laws

(1) The regulations may make provision for or with respect to the continued application of existing by-laws made in relation to public hospitals, health institutions, health services or health support services controlled by area health services until new by-laws are made under this Act in relation to such hospitals, institutions or services.

(2) Any regulations made for the purposes of this clause may provide for the continued application of existing by-laws subject to such modifications as may be prescribed by the regulations.

81 Updating of references to area health services

(1) A reference in any other Act or instrument made under any other Act or in any instrument of any kind to an area health service constituted under this Act (other than a particular area health service) is to be read on and from the network establishment day as being a reference to a local health network constituted under this Act.

(2) The regulations may make provision for or with respect to how a reference in any other Act or instrument made under any other Act or in any instrument of any kind to a particular area health service (or a hospital, health institution, health service or health support service controlled by a particular area health service) is to be read on and from the network establishment day.

82 Relationship of this Part with Interpretation Act 1987

The provisions of this Part are in addition to, and do not derogate from, the provisions of section 26 of the Interpretation Act 1987 .

Note : Section 26 of the Interpretation Act 1987 enables a power to make instruments of a legislative or administrative character that is to be conferred by an enacted but uncommenced amendment to an Act to be exercised before the amendment commences. Any such instrument will have effect on the commencement of the amendment.

Part 8 - Provisions consequent on enactment of Health Services Amendment (Local Health Districts and Boards) Act 2011

Division 1 - Preliminary

83 Interpretation

(1) In this Part--


"amending Act" means the Health Services Amendment (Local Health Districts and Boards) Act 2011 .


"existing by-laws" means any by-laws made (or taken to have been made) by an existing local health network that were in force immediately before the reconstitution day.


"existing local health network" means a local health network in existence immediately before the reconstitution day.


"existing local health network governing council" means a local health network governing council for an existing local health network in existence immediately before the reconstitution day.


"existing network governed health corporation" means a network governed health corporation in existence immediately before the reconstitution day.


"initial local health district" means a local health district constituted by this Act (as in force on the reconstitution day).


"instrument" means an instrument (other than this Act or an instrument made under this Act) or any other document that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order, process or other instrument issued by a court or tribunal.


"reconstitution day" means the day on which section 17 is substituted by the amending Act.


"successor" , in relation to an existing local health network, means an initial local health district having substantially the same name as the existing local health network.

(2) For the purposes of the definition of
"successor" in subclause (1), an initial local health district has substantially the same name as an existing local health network if the only difference between the corporate names of the district and network is the use of the word "District" instead of the word "Network".

Division 2 - Dissolution and reconstitution of existing local health networks

84 Dissolution of existing local health networks

(1) On the reconstitution day--

(a) each existing local health network is dissolved, and

(b) each existing local health network governing council is dissolved, and

(c) the members (including chairpersons and deputy chairpersons) of each existing local health network governing council cease to hold office as such, but are eligible (if otherwise qualified) to be appointed as members (including chairpersons and deputy chairpersons) of local health district boards, and

(d) any person who ceases to be a member (including a chairperson or deputy chairperson) of an existing local health network governing council because of the operation of this clause is not entitled to any compensation for the loss of that office.

(2) Subject to this Division, on the dissolution of an existing local health network, the network's successor is taken for all purposes (including the rules of private international law) to be a continuation of and the same legal entity as the network.

85 Constitution of initial local health districts

(1) Each of the local health districts specified in Schedule 1 (as amended by the amending Act on the reconstitution day) is constituted as such on that day, subject to subclause (2).

(2) Nothing in this clause prevents the amendment of Schedule 1 (whether on or after the reconstitution day) by an order made under section 19 or 20.

86 Transfer of existing local health network's undertaking to network's successor

(1) The following provisions have effect in relation to the assets, rights and liabilities of an existing local health network on its dissolution--

(a) the assets of the network vest in the network's successor by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

(b) the rights or liabilities of the network become by virtue of this clause the rights or liabilities of the network's successor,

(c) all proceedings relating to the assets, rights or liabilities commenced before the network's dissolution by or against the network or a predecessor of the network and pending immediately before the network's dissolution are taken to be proceedings pending by or against the network's successor,

(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the network's dissolution by, to or in respect of the network is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the network's successor,

(e) the network's successor has all the entitlements and obligations of the network in relation to those assets, rights and liabilities that the network would have had but for its dissolution, whether or not those entitlements and obligations were actual or potential at the time the dissolution took effect.

(2) Without limiting subclause (1)--

(a) any agreement between an existing local health network and any person that was in force (or taken to be in force) immediately before the dissolution of the network is taken on and from that dissolution to have been entered into between the network's successor and the person, and

(b) any delegation given (or taken to have been given) by an existing local health network in force immediately before the dissolution of that network is taken on and from that dissolution to have been given by the network's successor.

(3) The operation of this clause is not to be regarded--

(a) as a breach of contract or confidence or otherwise as a civil wrong, or

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or

(d) as an event of default under any contract or other instrument.

(4) No attornment to an existing local health network's successor by a lessee from the network is required.

(5) No compensation is payable to any person or body in connection with the transfer of any asset, right or liability by operation of this clause.

(6) State tax is not payable in relation to--

(a) an exempt matter, or

(b) anything done because of, or for a purpose connected with or arising out of, an exempt matter.

(7) The Minister may, by notice in writing, confirm that particular assets, rights or liabilities have become the assets, rights or liabilities of an initial local health district by operation of this clause. Such a notice is conclusive evidence of that fact.

(8) In this clause--


"exempt matter" means any of the following--

(a) the transfer of any assets, rights or liabilities by operation of this clause (including, without limitation, any instrument executed only for a purpose ancillary to or consequential on the operation of this clause),

(b) anything certified by the Minister in writing as having been done in consequence of such a transfer (for example, the transfer or registration of an interest in land).

"State tax" means application or registration fees, duty or any other tax, fee or charge imposed by any legislation or other law of the State.

87 Existing chief executives continue in office

On the reconstitution day, any person holding office as a chief executive of an existing local health network immediately before its dissolution is taken to have been appointed as the chief executive of the network's successor for the balance of his or her term of office as the chief executive of the local health network, unless the person vacates office before the expiry of the balance of that term.

88 Continuation of existing by-laws

(1) Subject to the regulations, the existing by-laws of an existing local health network continue in force on and from the reconstitution day as by-laws of the network's successor (with such modifications as are necessary or prescribed by the regulations) until by-laws are made by the successor.

(2) Subject to the regulations, any committee, subcommittee or council established (or taken to have been established or continued in existence) under the existing by-laws of an existing local health network continues in existence as a committee, subcommittee or council of the network's successor until such time as a replacement committee, subcommittee or council is established under the successor's by-laws.

(3) The continuation of an existing committee, subcommittee or council by operation of this clause does not alter or otherwise affect the existing membership or functions of the committee, subcommittee or council.

89 Continuation of existing approved quality assurance committees

(1) Subject to the regulations, each of the committees declared (or taken to have been declared) as an approved quality assurance committee under section 20E of the Health Administration Act 1982 in relation to any local health network that is in existence immediately before the reconstitution day is taken on and from that day to be an approved quality assurance committee of the network's successor.

(2) The continuation of an approved quality assurance committee by operation of this clause does not alter or otherwise affect the existing membership or functions of the committee.

90 Updating of references to local health networks and their governing councils

(1) Subject to the regulations--

(a) a reference in any other Act or instrument made under any other Act or in any instrument of any kind to a local health network constituted under this Act (other than a particular local health network) is to be read on and from the reconstitution day as being a reference to a local health district constituted under this Act, and

(b) a reference in any other Act or instrument made under any other Act or in any instrument of any kind to a particular local health network is to be read on and from the reconstitution day as being a reference to the network's successor, and

(c) a reference in any other Act or instrument made under any other Act or in any instrument of any kind to a local health network governing council established under this Act (other than a local health network governing council of a particular local health network) is to be read on and from the reconstitution day as being a reference to a local health district board established under this Act, and

(d) a reference in any other Act or instrument made under any other Act or in any instrument of any kind to a local health network governing council for a particular local health network is to be read on and from the reconstitution day as being a reference to the local health district board for the network's successor.

(2) Subclause (1) does not apply in relation to clause 38 of the Children (Criminal Proceedings) Regulation 2005 or such other references as may be prescribed by the regulations.

Division 3 - Miscellaneous

91 Change in corporate governance of existing network governed health corporations

(1) On the conversion day--

(a) the governance of each existing network governed health corporation changes to specialty network governance and, accordingly, the corporation becomes a specialty network governed health corporation within the meaning of this Act, and

(b) each governing council for an existing network governed health corporation is dissolved, and

(c) the members (including chairpersons and deputy chairpersons) of each governing council for an existing network governed health corporation cease to hold office as such, but are eligible (if otherwise qualified) to be appointed as members (including chairpersons and deputy chairpersons) of the boards for specialty network governed health corporations, and

(d) any person who ceases to be a member (including a chairperson or deputy chairperson) of a governing council for an existing network governed health corporation because of the operation of this clause is not entitled to any compensation for the loss of that office.

(2) Without limiting clause 1, the regulations may make provision for or with respect to the re-appointment of existing council members of the SCHN to the new board of the SCHN.

Note : The SCHN becomes a specialty network governed health corporation on the conversion day by operation of subclause (1)(a).

(3) Any regulation made for the purposes of subclause (2) has effect despite anything to the contrary in subclause (1) or in Division 2 of Part 2 of Chapter 3 (as applied to specialty network governed health corporations by section 52F), including in relation to the maximum number of members for the board of a specialty network governed health corporation.

(4) A change in the governance of an existing network governed health corporation that is effected by operation of this clause does not operate--

(a) to create a new legal entity, or

(b) to prejudice or affect the identity of the body corporate constituted as the health corporation or its continuity as a body corporate, or

(c) to affect the property, or the rights or obligations, of the health corporation, or

(d) to render defective any legal proceedings by or against the health corporation, or

(e) to affect the appointment of the chief executive of the health corporation.

(5) In this clause--


"conversion day" means the day on which Schedule 1.1[3[#93] to the amending Act commences.


"existing council member" of the SCHN means a person who is a member (including the chairperson or deputy chairperson) of the governing council of the SCHN immediately before the conversion day.


"SCHN" means the statutory health corporation with the corporate name "The Sydney Children's Hospitals Network (Randwick and Westmead) (incorporating The Royal Alexandra Hospital for Children)".

92 Status of local health districts and specialty network governed health corporations for purposes of National Health Reform Agreement

It is declared that each local health district and specialty network governed health corporation constituted under this Act is intended to operate as a local hospital network of the kind referred to in the National Health Reform Agreement.

93 Regulations

Without limiting clause 1, the regulations may make provision for or with respect to the following--

(a) the updating of references in any other Acts or instruments made under any other Acts or in any instruments of any kind to local health networks, local health network governing councils, network governed health corporations or governing councils of network governed health corporations,

(b) the application (whether with or without modifications) of the by-laws of existing local health networks to local health districts,

(c) the continuation of committees declared (or taken to have been declared) as approved quality assurance committees under section 20E of the Health Administration Act 1982 and of committees, subcommittees and councils established (or taken to be established or continued in existence) under existing by-laws.

Part 9 - Provisions consequent on enactment of Health Services Amendment (Ambulance Fees) Act 2014

94 Scale of fees

An order made under section 67D of this Act and in force immediately before the repeal of that section by the Health Services Amendment (Ambulance Fees) Act 2014 is taken, on that repeal, to have been made under section 67L.

95 Recovery of fees for services provided before commencement

(1) A debt notice may be issued under Part 4 of Chapter 5A in respect of an existing ambulance fee, as if a fee invoice had already been served on the person by whom the fee is payable, if--

(a) a notice specifying the existing ambulance fee and the person by whom it was payable was issued by or on behalf of the Health Secretary before the relevant commencement date, and

(b) the person by whom the fee was payable was given a copy of the notice, and

(c) the fee specified in the notice was not greater than the fee for the relevant ambulance services fixed by the scale of fees in force under section 67D at the time that the notice was issued, and

(d) the fee is not paid in full by the date that is 7 days after the due date for payment specified in the notice.

(2) In such a case, the person is taken to have been served with a fee invoice for the purposes of this Act.

(3) This clause does not prevent the Health Secretary from issuing a fee invoice, in accordance with Part 4 of Chapter 5A, for ambulance services provided before the relevant commencement date if the Health Secretary charges the fee after the relevant commencement date.

(4) This clause is subject to the Limitation Act 1969 .

(5) In this clause--


"existing ambulance fee" means an ambulance fee charged by the Health Secretary before the relevant commencement date.


"relevant commencement date" means the date of commencement of section 67P (as inserted by the Health Services Amendment (Ambulance Fees) Act 2014 ).

96 Charging of parents for services provided to child

Section 67M(3), as inserted by the Health Services Amendment (Ambulance Fees) Act 2014 , does not apply to ambulance services provided before the commencement of that subsection.

97 References to Health Secretary

(1) In Chapter 5A and Schedule 9, as inserted by the Health Services Amendment (Ambulance Fees) Act 2014 , and in this Part, a reference to the Health Secretary is a reference to the Secretary of the Ministry of Health.

(2) A reference in this Part to anything done by or on behalf of the Health Secretary includes, in relation to anything done before the commencement of the Government Sector Employment Act 2013 , a reference to anything done by or on behalf of the Head of the Government Department or Division responsible for charging ambulance fees for ambulance services or a delegate of the Head.

Part 10 - Provisions consequent on enactment of Health Legislation Amendment Act 2016

98 Definition

In this Part,
"amending Act" means the Health Legislation Amendment Act 2016 .

99 Extension of terms of office of members of local health district boards

The amendments to section 26 by Schedule 2[1[#93] and [2[#93] to the amending Act extend to persons holding office at the commencement of those amendments.

100 Repeal of New South Wales Institute of Psychiatry Act 1964

(1) On the repeal of the New South Wales Institute of Psychiatry Act 1964 by the amending Act--

(a) the body corporate known as "The New South Wales Institute of Psychiatry" is dissolved, and

(b) each person appointed as a member of that body corporate ceases to hold office as such a member, and

(c) any assets, rights and liabilities (if any) of that body corporate become the assets, rights and liabilities of the Health Education and Training Institute, and

(d) the accounts called "The New South Wales Institute of Psychiatry Account" and the "House Account" are abolished, and

(e) any balance standing to the credit of those accounts is transferred to the Health Education and Training Institute.

(2) A person who ceases to hold office as a member of the New South Wales Institute of Psychiatry is not entitled to any remuneration or compensation because of the loss of that office.

(3) Subject to this Schedule and the regulations, a reference in any Act or instrument to the New South Wales Institute of Psychiatry is taken to be a reference to the Health Education and Training Institute.

(4) In this clause--


"assets" means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.


"liabilities" means all liabilities, debts and obligations (whether present or future, whether vested or contingent and whether personal or assignable).


"rights" means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent and whether personal or assignable).

101 Changes to by-law provisions

The substitution of sections 39 and 60 by the amending Act does not affect the validity of any by-laws made before that substitution.

Part 11 - Provisions consequent on enactment of Government Sector Employment Legislation Amendment Act 2016

102 Definitions

In this Part--


"amending Act" means the Government Sector Employment Legislation Amendment Act 2016 .


"existing Health Service senior executive" means a member of the NSW Health Service who was, immediately before the substitution of Part 3 of Chapter 9 of this Act by the amending Act, holding an executive position under the former senior executive provisions, and includes any such member of the NSW Health Service holding office as a chief executive under section 23, 51, 52A, 52G or 67A of this Act.


"former senior executive provisions" means the provisions of Part 3 of Chapter 9 of this Act (and any other provisions of this Act that relate to the operation of that Part), as in force immediately before the substitution of that Part by the amending Act.


"new senior executive provisions" means the provisions of Part 3 of Chapter 9 of this Act (and any other provisions of this Act that relate to the operation of that Part), as amended by the amending Act, and the provisions of Part 3B of the Statutory and Other Offices Remuneration Act 1975 .

103 Application of new senior executive provisions to existing Health Service senior executives

(1) On the commencement of the new senior executive provisions, the following provisions apply in relation to an existing Health Service senior executive--

(a) the executive is taken to be employed in ongoing employment as a Health Service senior executive under the new senior executive provisions,

(b) for that purpose, a contract of employment under the new senior executive provisions is taken to have been entered into in relation to employment of the executive,

(c) the terms and conditions of that contract are taken to be those contained in the model contract of employment for NSW Health Service senior executives that is prescribed by the government sector employment rules as at the date of commencement of the new senior executive provisions,

(d) the executive is taken to be employed in the band under the Public Service senior executive band determination that--

(i) the employer of the executive considers appropriate for the role of the executive, and

(ii) is approved by the Health Secretary (in the case where the Health Secretary is not the employer),

(e) the executive is to be assigned to the same (or a similar) role to the role in which the executive was employed immediately before the commencement of the new senior executive provisions,

(f) the executive has a remuneration package that is equivalent to the executive's remuneration package under the former senior executive provisions (unless the remuneration package is increased as a result of arrangements in force under those provisions) even if it exceeds the band in which the person is employed,

(g) the executive continues to be entitled to any recruitment or other allowance payable to the executive under the former senior executive provisions immediately before the commencement of the new senior executive provisions,

(h) the executive is entitled to continue, until such time as the employer determines otherwise, to work on a part-time basis if the executive was working part-time immediately before the commencement of the new senior executive provisions.

(2) However, subclause (1)(a)-(c) do not apply to an existing Health Service senior executive holding an executive position under the former senior executive provisions that is designated by the Health Secretary by order in writing before the commencement of this clause (a
"designated position" ). Such a designation may only be made if the Health Secretary is satisfied that the senior executive was appointed to the executive position--

(a) to undertake temporary project work, or

(b) on an acting or short-term basis pending the taking of recruitment action to fill a vacancy in the executive position.

(3) On the commencement of the new senior executive provisions, the following provisions apply in relation to an existing Health Service senior executive holding a designated position--

(a) the person is taken to be employed as a Health Service senior executive for the remainder of the term of the person's appointment under the former senior executive provisions,

(b) the person is not required to enter into a contract of employment under the new senior executive provisions and the person's contract of employment under the former senior executive provisions continues to apply for the remainder of that term.

(4) Subclause (1)(f) and (g) cease to apply in relation to a Health Service senior executive if the executive is assigned to a role (whether in the NSW Health Service or any other government sector agency) that has a remuneration package exceeding the remuneration package paid to the executive immediately before the assignment to the new role.

103A Termination of employment

Section 121H extends to conduct occurring before 1 January 2017.

103B Dealing with misconduct and unsatisfactory performance

(1) Any matter relating to the conduct or performance of an existing Health Service senior executive that was being dealt with under this Act before 1 January 2017 is to continue to be dealt with as if this Act had not been amended by the amending Act.

(2) If the employer of a NSW Health Service senior executive takes any action under section 68(2) of the Government Sector Employment Act 2013 on or after 1 January 2017 in relation to the executive, anything done before that date by an employer of the executive in dealing with the executive's unsatisfactory performance in accordance with the rules made under that Act is taken to have been done by the employer who is taking the action (whether or not the same person).

104 Savings and transitional regulations

(1) The provisions of any regulation made under Part 1 of this Schedule consequent on the enactment of the amending Act have effect despite anything to the contrary in this Part.

(2) The regulations made under Part 1 of this Schedule consequent on the enactment of the amending Act may make separate savings and transitional provisions or amend this Part to consolidate the savings and transitional provisions.

Part 12 - Provisions consequent on enactment of Health Legislation Amendment Act 2018

105 Existing members of Ambulance Services Advisory Council

A person who is a member of the Ambulance Services Advisory Council does not cease to be a member on the commencement of Schedule 2 to the Health Legislation Amendment Act 2018 (the
"amending Act" ) despite any of the following--

(a) the renaming of that Council as the Ambulance Service Advisory Board,

(b) the person having been appointed by the Minister rather than the Health Secretary,

(c) the person not having any of the expertise or experience required by section 67C(3), as substituted by the amending Act.

Part 13 - Provisions consequent on enactment of State Debt Recovery Act 2018

106 Changes to fee recovery

(1) This Act, the regulations under this Act, and the Fines Act 1996 , as in force immediately before the repeal of Schedule 9 by the State Debt Recovery Act 2018 , continue to apply in respect of any fee recovery order made under this Act before that repeal, as if the State Debt Recovery Act 2018 had not been enacted.

(2) The State Debt Recovery Act 2018 extends to any ambulance fee that became payable, or is incurred for a service that was provided, before the commencement of that Act. Accordingly, that fee may be referred to the Chief Commissioner of State Revenue for debt recovery action under that Act.

(3) However, a fee cannot be referred to the Chief Commissioner for debt recovery action under the State Debt Recovery Act 2018 if the fee is the subject of fee recovery action under Schedule 9, unless the fee recovery order is withdrawn.

Part 14 - Provisions consequent on enactment of Health Legislation Amendment Act (No 3) 2018

107 Constitution of Committee of Review

Section 108(2)(c1) applies only in respect of a Committee of Review appointed after the commencement of that paragraph.

Part 15 - Provision consequent on enactment of Criminal Legislation Amendment (Child Sexual Abuse) Act 2018

108 Sexual touching and sexual act include former acts of indecency

Any references in this Act to sexual touching or sexual act are taken, in a reference to any offence occurring before the commencement of this clause, to include a reference to an act of indecency.