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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Health Legislation Amendment
Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to amend the Health Services Act 1997 and the Criminal Procedure Act 1986
to create offences of obstructing and hindering ambulance officers and
obstructing and hindering such officers by acts of violence,
(b) to amend the Health Administration Act 1982 and the Private Health Facilities
Act 2007 with respect to root cause analysis teams,
(c) to amend the Assisted Reproductive Technology Act 2007 to require certain
information to be provided for the purposes of the central ART donor register,
(d) to amend the Guardianship Act 1987 to clarify the relationship between Part 5
of that Act and the Mental Health (Forensic Provisions) Act 1990,
(e) to amend the Health Administration Act 1982 with respect to the bodies and
organisations that are part of NSW Health,
(f) to amend the Health Services Act 1997 with respect to the delegation of
functions by area health services and the joint management of services or
facilities by statutory health corporations,
b2010-031-31.d15
Health Legislation Amendment Bill 2010
Explanatory note
(g) to amend the Public Health (Tobacco) Act 2008 to increase the period within
which tobacco retailers must provide notification of certain matters.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation except for certain provisions that are to commence on the
date of assent to the proposed Act.
Schedule 1 Amendments relating to ambulance
officers
Schedule 1.1 Health Services Act 1997 No 154
Schedule 1.1 [1] creates an offence if a person intentionally obstructs or hinders an
ambulance officer when the ambulance officer is providing or attempting to provide
ambulance services to another person or persons. The maximum penalty for the
offence is imprisonment for 2 years or a fine of $5,500 or both. However, if the
ambulance officer is hindered or obstructed by an act of violence against the
ambulance officer the maximum penalty is imprisonment for 5 years. Provision is
made for an alternative verdict where a trier of fact finds that the more serious
offence is not proven but it is satisfied that the person charged committed the less
serious offence. Schedule 1.1 [2] makes a consequential amendment that enables the
offence of obstructing or hindering an ambulance officer by an act of violence on the
ambulance officer to be tried by way of indictment.
Schedule 1.2 Criminal Procedure Act 1986 No 209
Schedule 1.2 provides that the offence proposed in Schedule 1.1 [1] of obstructing
or hindering an ambulance officer by an act of violence on the ambulance officer is
to be tried summarily unless the prosecutor elects otherwise. The proposed
amendment also reorganises the order and layout of some existing provisions.
Schedule 2 Amendments relating to root cause
analysis teams
Schedule 2.1 Health Administration Act 1982 No 135
A relevant health services organisation (which includes all area health services and
those statutory health corporations and affiliated health organisations that are
prescribed) is required to appoint a root cause analysis team if a reportable incident
involving the organisation is reported to the chief executive officer of the
organisation. Schedule 2.1 [1] permits a root cause analysis team to be appointed if
the incident reported to the chief executive officer is not a reportable incident but is
one that, in the opinion of the chief executive officer, may be the result of a serious
Explanatory note page 2
Health Legislation Amendment Bill 2010
Explanatory note
systemic problem that justifies the appointment of such a team. Schedule 2.1 [2]
and [5] make consequential amendments.
Schedule 2.1 [3] requires a member of a root cause analysis team to act in a fair and
reasonable manner in the exercise of his or her functions. This replaces an obligation
that a root cause analysis team is to have regard to the rules of natural justice.
A root cause analysis team is required to notify the relevant health services
organisation if the incident that it is considering raises matters that may involve
professional misconduct or unsatisfactory professional conduct by a visiting
practitioner or staff member or if such a person may be suffering from an impairment.
A root cause analysis team may also make such a notification if the incident indicates
unsatisfactory professional performance. Schedule 2.1 [4] specifies that any such
notification is to disclose the identity of the person to whom it relates and whether
the notification relates to professional misconduct, unsatisfactory professional
conduct, unsatisfactory professional performance or impairment. Schedule 2.1 [4]
also includes a new ground for making a notification if the root cause analysis team
is of the opinion that the incident that it is considering indicates a problem giving rise
to a risk of serious and imminent harm to a person. Schedule 2.1 [9] provides that a
member of a root cause analysis team may disclose information acquired by the
person as such a member for the purposes of any such notification. Schedule 2.1 [8]
includes definitions of the terms professional misconduct, unsatisfactory
professional conduct, unsatisfactory professional performance and impairment.
Schedule 2.1 [6] clarifies that a root cause analysis team may, but is not required to,
make recommendations in respect of an incident that it has considered.
Schedule 2.1 [7] provides that the contents of a report of a root cause analysis team
may be disclosed to any person and used for any purpose. However,
Schedule 2.1 [12] provides that evidence as to the contents of a notification or report
of a root cause analysis team cannot be adduced or admitted in any proceedings.
Currently, any such notification or report is not admissible as evidence in any
proceedings that a procedure or practice is or was careless or inadequate.
Schedule 2.1 [10] provides that a person (currently this privilege only applies to
members of root cause analysis teams and the health services organisations that
appoint them) cannot be required to produce any document or disclose any
communication to a court, tribunal, board, person or body if the document was
prepared, or the communication was made, for the dominant purpose of the conduct
of an investigation by a root cause analysis team. However, this does not apply to a
requirement made in proceedings in respect of an act or omission by a root cause
analysis team or by a member of such a team. Schedule 2.1 [11] provides that this
also does not apply to a requirement made by a person or body who has been
approved by the Director-General of the Department of Health (the
Director-General) to carry out a review or audit of an investigation conducted by a
root cause analysis team.
Schedule 2.1 [13] permits regulations to be made in relation to the conduct of
reviews or audits of investigations conducted by root cause analysis teams.
Schedule 2.1 [14] omits a spent provision.
Explanatory note page 3
Health Legislation Amendment Bill 2010
Explanatory note
Schedule 2.1 [15] enables regulations to be made containing provisions of a savings
or transitional nature consequent on the enactment of the proposed Act.
Schedule 2.1 [16] inserts savings and transitional provisions consequential on the
enactment of the proposed Act.
Schedule 2.2 Private Health Facilities Act 2007 No 9
A licensee of a private health facility is required to appoint a root cause analysis team
if a reportable incident involving the facility is reported to the licensee.
Schedule 2.2 [1] permits a root cause analysis team to be appointed if the incident
reported to the licensee is not a reportable incident but is one that, in the opinion of
the licensee, may be the result of a serious systemic problem that justifies the
appointment of such a team. Schedule 2.2 [2] and [5] make consequential
amendments.
Schedule 2.2 [3] requires a member of a root cause analysis team to act in a fair and
reasonable manner in the exercise of his or her functions. This replaces an obligation
that a root cause analysis team is to have regard to the rules of natural justice.
A root cause analysis team is required to notify the licensee and the chair of the
medical advisory committee for the relevant facility if the incident that it is
considering raises matters that may involve professional misconduct or
unsatisfactory professional conduct by a staff member or person who is accredited to
provide health services at the facility or if such a person may be suffering from an
impairment. A root cause analysis team may also make such a notification if the
incident indicates unsatisfactory professional performance. Schedule 2.2 [4]
specifies that any such notification is to disclose the identity of the person to whom
it relates and whether the notification relates to professional misconduct,
unsatisfactory professional conduct, unsatisfactory professional performance or
impairment. Schedule 2.2 [4] also includes a new ground for making a notification
if the root cause analysis team is of the opinion that the incident that it is considering
indicates a problem giving rise to a risk of serious and imminent harm to a person.
Schedule 2.2 [9] provides that a member of a root cause analysis team may disclose
information acquired by the person as such a member for the purposes of any such
notification. Schedule 2.2 [8] includes definitions of the terms professional
misconduct, unsatisfactory professional conduct, unsatisfactory professional
performance and impairment.
Schedule 2.2 [6] clarifies that a root cause analysis team may, but is not required to,
make recommendations in respect of an incident that it has considered.
Schedule 2.2 [7] provides that the contents of a report of a root cause analysis team
may be disclosed to any person and used for any purpose. However,
Schedule 2.2 [12] provides that evidence as to the contents of a notification or report
of a root cause analysis team cannot be adduced or admitted in any proceedings.
Currently, any such notification or report is not admissible as evidence in any
proceedings that a procedure or practice is or was careless or inadequate.
Explanatory note page 4
Health Legislation Amendment Bill 2010
Explanatory note
Schedule 2.2 [10] provides that a person (currently this privilege only applies to
members of root cause analysis teams and the licensee and chair of the medical
advisory committee for the facility for which the team was appointed) cannot be
required to produce any document or disclose any communication to a court,
tribunal, board, person or body if the document was prepared, or the communication
was made, for the dominant purpose of the conduct of an investigation by a root
cause analysis team. However, this does not apply to a requirement made in
proceedings in respect of an act or omission by a root cause analysis team or by a
member of such a team. Schedule 2.2 [11] provides that this also does not apply to a
requirement made by a person or body who has been approved by the
Director-General to carry out a review or audit of an investigation conducted by a
root cause analysis team.
Schedule 2.2 [13] permits regulations to be made in relation to the conduct of
reviews or audits of investigations conducted by root cause analysis teams.
Schedule 2.2 [14] enables regulations to be made containing provisions of a savings
or transitional nature consequent on the enactment of the proposed Act.
Schedule 2.2 [15] inserts savings and transitional provisions consequential on the
enactment of the proposed Act.
Schedule 3 Other amendments
Schedule 3.1 Assisted Reproductive Technology Act 2007 No 69
The Assisted Reproductive Technology Act 2007 establishes a central ART donor
register which requires certain information about donors of gametes and adult
offspring born as a result of assisted reproductive technology (ART) treatment using
a donated gamete, to be given to the Director-General. The Director-General is then
able to disclose certain information about a donor to any adult offspring of the donor
and certain information about any offspring of a donor to the donor. This scheme is
limited to information in respect of ART treatment occurring after 1 January 2010.
For ART treatment occurring before this date a donor or offspring may apply to the
Director-General to have the person's information included in the central ART donor
register.
Schedule 3.1 [1] provides that when the Director-General receives such an
application he or she may direct an ART provider to provide information so as to
enable the Director-General to identify, in the case of an application by a donor, any
offspring of the donor, and in the case of a person who was born as a result of ART
treatment using a donated gamete, the donor of the gamete. An ART provider must
comply with any such direction. Schedule 3.1 [2] makes a consequential
amendment.
Schedule 3.1 [3] provides that the Director-General must not disclose any
information provided by an ART provider as a result of a direction unless the person
to whom the information relates is an adult and consents to the disclosure.
Explanatory note page 5
Health Legislation Amendment Bill 2010
Explanatory note
Schedule 3.2 Guardianship Act 1987 No 257
Schedule 3.2 provides that in the event of an inconsistency between Part 5 (Medical
and dental treatment) of the Guardianship Act 1987 and the Mental Health (Forensic
Provisions) Act 1990, the Mental Health (Forensic Provisions) Act 1990 prevails.
Schedule 3.3 Health Administration Act 1982 No 135
Schedule 3.3 provides that the expression "NSW Health" includes bodies and
organisations under the control and direction of the Director-General.
Schedule 3.4 Health Services Act 1997 No 154
Schedule 3.4 [1] permits an area health service to delegate its functions to visiting
practitioners, to councils or committees appointed by the area health service, to
certain bodies appointed by the Minister for Health or the Director-General or to
persons or bodies of a class prescribed by the regulations.
Schedule 3.4 [2] permits 2 or more statutory health corporations to agree to jointly
manage a public hospital, health institution, health service or health support service
or to agree that any such service under the control of one of the statutory health
corporations be managed by another statutory health corporation. Such an agreement
cannot be entered without the approval of the Minister for Health.
Schedule 3.4 [3] enables regulations to be made containing provisions of a savings
or transitional nature consequent on the enactment of the proposed Act.
Schedule 3.5 Public Health (Tobacco) Act 2008 No 94
Schedule 3.5 amends the Public Health (Tobacco) Act 2008 to increase, from 7 to
28 days, the period within which a person engaged in tobacco retailing must notify
the Director-General after becoming aware of certain changes affecting the person's
tobacco retailing business.
Explanatory note page 6
First print
New South Wales
Health Legislation Amendment
Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendments relating to ambulance officers 3
Schedule 2 Amendments relating to root cause analysis teams 5
Schedule 3 Other amendments 13
b2010-031-31.d15
New South Wales
Health Legislation Amendment
Bill 2010
No , 2010
A Bill for
An Act to make miscellaneous amendments to various Acts that relate to health and
associated matters.
Clause 1 Health Legislation Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Health Legislation Amendment Act 2010. 3
2 Commencement 4
(1) Except as otherwise provided in this section, this Act commences on a 5
day or days to be appointed by proclamation. 6
(2) Schedule 3.23.4 commence on the date of assent to this Act. 7
Page 2
Health Legislation Amendment Bill 2010
Amendments relating to ambulance officers Schedule 1
Schedule 1 Amendments relating to ambulance 1
officers 2
1.1 Health Services Act 1997 No 154 3
[1] Section 67J 4
Insert after section 67I: 5
67J Obstruction of and violence against ambulance officers 6
(1) A person must not intentionally obstruct or hinder an ambulance 7
officer when the ambulance officer is providing or attempting to 8
provide ambulance services to another person or persons. 9
Maximum penalty: 50 penalty units or imprisonment for 2 years, 10
or both. 11
(2) A person must not, by an act of violence against an ambulance 12
officer, intentionally obstruct or hinder the ambulance officer 13
when the ambulance officer is providing or attempting to provide 14
ambulance services to another person or persons. 15
Maximum penalty: Imprisonment for 5 years. 16
(3) If on the trial of a person charged with an offence against 17
subsection (2) the trier of fact is not satisfied that the offence is 18
proven but is satisfied that the person has committed an offence 19
against subsection (1), the trier of fact may acquit the person of 20
the offence charged and find the person guilty of an offence 21
against subsection (1). The person is liable to punishment 22
accordingly. 23
(4) In this section: 24
ambulance officer means a member of staff of the Ambulance 25
Service of NSW. 26
ambulance services means the work of rendering first aid to, or 27
transporting, sick and injured persons. 28
[2] Section 137 Proceedings for offences 29
Insert "(other than an offence under section 67J (2))" after "this Act". 30
Page 3
Health Legislation Amendment Bill 2010
Schedule 1 Amendments relating to ambulance officers
1.2 Criminal Procedure Act 1986 No 209 1
Schedule 1 Indictable offences triable summarily 2
Omit Parts 10 and 11 of Table 2. 3
Insert at the end of Table 2 with appropriate Part and clause numbering: 4
Part Offences under certain other Acts 5
Child Protection (Offenders Registration) Act 2000 6
An offence under section 17 or 18 of the Child Protection 7
(Offenders Registration) Act 2000. 8
Health Services Act 1997 9
An offence under section 67J (2) of the Health Services Act 1997. 10
Surveillance Devices Act 2007 11
An offence under Part 2 or 5 (other than section 40 (2)) of the 12
Surveillance Devices Act 2007. 13
Page 4
Health Legislation Amendment Bill 2010
Amendments relating to root cause analysis teams Schedule 2
Schedule 2 Amendments relating to root cause 1
analysis teams 2
2.1 Health Administration Act 1982 No 135 3
[1] Section 20M Appointment of RCA teams to deal with incidents 4
Insert after section 20M (1): 5
(1A) When an incident involving the provision of health services by a 6
relevant health services organisation (other than a reportable 7
incident) is reported to the chief executive officer of the 8
organisation, the organisation may appoint a root cause analysis 9
team in relation to the incident if the chief executive officer is of 10
the opinion that the incident may be the result of a serious 11
systemic problem that justifies the appointment of such a team. 12
[2] Sections 20M (2) and (3) and 20O (1), (2) and (3) (a) and (b) 13
Omit "reportable" wherever occurring. 14
[3] Section 20N Restrictions on RCA teams 15
Omit section 20N (3). Insert instead: 16
(3) A member of a RCA team is to act in a fair and reasonable 17
manner in the exercise of his or her functions as such a member. 18
[4] Section 20O Responsibilities of RCA team in relation to incident 19
Insert after section 20O (2): 20
(2A) A notification under subsection (1) or (2) is to disclose the 21
identity of the person to whom the notification relates (regardless 22
of whether the person consents to the disclosure) and specify 23
whether the notification relates to: 24
(a) professional misconduct, unsatisfactory professional 25
conduct or unsatisfactory professional performance by the 26
person, or 27
(b) the person suffering from an impairment. 28
(2B) A RCA team may notify in writing the relevant health services 29
organisation by which it was appointed if the RCA team is of the 30
opinion that the incident that it is considering raises matters that 31
indicate a problem giving rise to a risk of serious and imminent 32
harm to a person. 33
Page 5
Health Legislation Amendment Bill 2010
Schedule 2 Amendments relating to root cause analysis teams
[5] Sections 20O (3) and 20T (f) 1
Omit "a reportable incident" wherever occurring. Insert instead "an incident". 2
[6] Section 20O (3) (c) 3
Omit the paragraph. Insert instead: 4
(c) if the RCA team has any recommendations as to the need 5
for changes or improvements in relation to a procedure or 6
practice arising out of the incident--those 7
recommendations. 8
[7] Section 20O (3A) 9
Insert after section 20O (3): 10
(3A) Subject to section 20R, the contents of a report of a RCA team 11
under subsection (3) may be disclosed to any person and used for 12
any purpose. 13
[8] Section 20O (4) 14
Insert in alphabetical order: 15
impairment has the same meaning it has in the Health 16
Practitioner Regulation National Law (NSW). 17
professional misconduct and unsatisfactory professional 18
conduct have the same meanings that they have in Part 8 of the 19
Health Practitioner Regulation National Law (NSW). 20
unsatisfactory professional performance means professional 21
performance that is unsatisfactory within the meaning of 22
Division 5 of Part 8 of the Health Practitioner Regulation 23
National Law (NSW). 24
[9] Section 20P Disclosure of information 25
Omit "report prepared by a RCA team under section 20O (3)" from 26
section 20P (c). 27
Insert instead "notification or report under section 20O". 28
[10] Section 20Q Information not to be given in evidence 29
Omit section 20Q (1). Insert instead: 30
(1) A person is neither competent nor compellable to produce any 31
document or disclose any communication to a court, tribunal, 32
board, person or body if the document was prepared, or the 33
communication was made, for the dominant purpose of the 34
conduct of an investigation by a RCA team. 35
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Health Legislation Amendment Bill 2010
Amendments relating to root cause analysis teams Schedule 2
[11] Section 20Q (3) 1
Insert after section 20Q (2): 2
(3) Subsection (1) does not apply to a requirement made by a person 3
or body who has been approved by the Director-General to carry 4
out a review or audit of an investigation conducted by a RCA 5
team. 6
[12] Section 20R 7
Omit the section. Insert instead: 8
20R Notifications and reports not to be admitted in evidence 9
(1) Evidence as to the contents of a notification or report of a RCA 10
team under section 20O cannot be adduced or admitted in any 11
proceedings. 12
(2) Subsection (1) does not apply to proceedings in respect of any act 13
or omission by a RCA team or by a member of a RCA team as a 14
member. 15
[13] Section 20T Regulations concerning RCA teams 16
Insert after section 20T (f): 17
(g) the conduct of reviews or audits of investigations 18
conducted by RCA teams. 19
[14] Section 20U Review of Division 20
Omit the section. 21
[15] Schedule 2 Savings, transitional and other provisions 22
Insert at the end of clause 13 (1): 23
Health Legislation Amendment Act 2010 (but only to the extent 24
that it amends this Act) 25
Page 7
Health Legislation Amendment Bill 2010
Schedule 2 Amendments relating to root cause analysis teams
[16] Schedule 2, Part 3 1
Insert after Part 2: 2
Part 3 Provisions consequent on enactment of 3
Health Legislation Amendment Act 2010 4
15 Definition 5
In this Part: 6
amending Act means the Health Legislation Amendment 7
Act 2010. 8
16 Appointment of RCA teams 9
Section 20M (1A), as inserted by the amending Act, does not 10
extend to an incident that was reported to the chief executive 11
officer of a relevant health services organisation before the 12
commencement of that subsection. 13
17 RCA team not required to make recommendations 14
Section 20O (3) (c), as substituted by the amending Act, extends 15
to an investigation commenced before that substitution. 16
18 Information not to be given in evidence 17
Section 20Q (1), as substituted by the amending Act, extends to: 18
(a) a document that was prepared or a communication that was 19
made before that substitution, and 20
(b) proceedings that are pending on that substitution. 21
19 Notifications and reports not to be admitted in evidence 22
Section 20R, as substituted by the amending Act, extends to: 23
(a) a notification that was given or a report that was prepared 24
before that substitution, and 25
(b) proceedings that are pending on that substitution. 26
2.2 Private Health Facilities Act 2007 No 9 27
[1] Section 42 Appointment of root cause analysis teams to deal with 28
incidents 29
Insert after section 42 (1): 30
(1A) When an incident involving the provision of health services by a 31
private health facility (other than a reportable incident) is 32
Page 8
Health Legislation Amendment Bill 2010
Amendments relating to root cause analysis teams Schedule 2
reported to the licensee of the facility, the licensee may appoint a 1
root cause analysis team in relation to the incident if the licensee 2
is of the opinion that the incident may be the result of a serious 3
systemic problem that justifies the appointment of such a team. 4
[2] Sections 42 (2) and (3) and 44 (1), (2) and (3) (a) and (b) 5
Omit "reportable" wherever occurring. 6
[3] Section 43 Restrictions on root cause analysis teams 7
Omit section 43 (3). Insert instead: 8
(3) A member of a root cause analysis team is to act in a fair and 9
reasonable manner in the exercise of his or her functions as such 10
a member. 11
[4] Section 44 Responsibilities of root cause analysis team in relation to 12
incident 13
Insert after section 44 (2): 14
(2A) A notification under subsection (1) or (2) is to disclose the 15
identity of the person to whom the notification relates (regardless 16
of whether the person consents to the disclosure) and specify 17
whether the notification relates to: 18
(a) professional misconduct, unsatisfactory professional 19
conduct or unsatisfactory professional performance by the 20
person, or 21
(b) the person suffering from an impairment. 22
(2B) A root cause analysis team may notify in writing the licensee and 23
the chair of the medical advisory committee for the relevant 24
facility if the team is of the opinion that the incident that it is 25
considering raises matters that indicate a problem giving rise to a 26
risk of serious and imminent harm to a person. 27
[5] Section 44 (3) 28
Omit "a reportable incident". Insert instead "an incident". 29
[6] Section 44 (3) (c) 30
Omit the paragraph. Insert instead: 31
(c) if the team has any recommendations as to the need for 32
changes or improvements in relation to a procedure or 33
practice arising out of the incident--those 34
recommendations. 35
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Health Legislation Amendment Bill 2010
Schedule 2 Amendments relating to root cause analysis teams
[7] Section 44 (3A) 1
Insert after section 44 (3): 2
(3A) Subject to section 47, the contents of a report of a root cause 3
analysis team under subsection (3) may be disclosed to any 4
person and used for any purpose. 5
[8] Section 44 (6) 6
Insert after section 44 (5): 7
(6) In this section: 8
impairment has the same meaning it has in the Health 9
Practitioner Regulation National Law (NSW). 10
professional misconduct and unsatisfactory professional 11
conduct have the same meanings that they have in Part 8 of the 12
Health Practitioner Regulation National Law (NSW). 13
unsatisfactory professional performance means professional 14
performance that is unsatisfactory within the meaning of 15
Division 5 of Part 8 of the Health Practitioner Regulation 16
National Law (NSW). 17
[9] Section 45 Disclosure of information 18
Omit "report prepared by a team under section 44 (3)" from section 45 (c). 19
Insert instead "notification or report under section 44". 20
[10] Section 46 Information not to be given in evidence 21
Omit section 46 (1). Insert instead: 22
(1) A person is neither competent nor compellable to produce any 23
document or disclose any communication to a court, tribunal, 24
board, person or body if the document was prepared, or the 25
communication was made, for the dominant purpose of the 26
conduct of an investigation by a root cause analysis team. 27
[11] Section 46 (3) 28
Insert after section 46 (2): 29
(3) Subsection (1) does not apply to a requirement made by a person 30
or body who has been approved by the Director-General to carry 31
out a review or audit of an investigation conducted by a root 32
cause analysis team. 33
Page 10
Health Legislation Amendment Bill 2010
Amendments relating to root cause analysis teams Schedule 2
[12] Section 47 1
Omit the section. Insert instead: 2
47 Notifications and reports not to be admitted in evidence 3
(1) Evidence as to the contents of a notification or report of a root 4
cause analysis team under section 44 cannot be adduced or 5
admitted in any proceedings. 6
(2) Subsection (1) does not apply to proceedings in respect of any act 7
or omission by a root cause analysis team or by a member of a 8
root cause analysis team as a member. 9
[13] Section 49 Regulations concerning root cause analysis teams 10
Insert after section 49 (e): 11
(f) the conduct of reviews or audits of investigations 12
conducted by root cause analysis teams. 13
[14] Schedule 4 Savings, transitional and other provisions 14
Insert at the end of clause 1 (1): 15
Health Legislation Amendment Act 2010 (but only to the extent 16
that it amends this Act) 17
[15] Schedule 4, Part 3 18
Insert after Part 2: 19
Part 3 Provisions consequent on enactment of 20
Health Legislation Amendment Act 2010 21
21 Definition 22
In this Part: 23
amending Act means the Health Legislation Amendment 24
Act 2010. 25
22 Appointment of root cause analysis teams 26
Section 42 (1A), as inserted by the amending Act, does not 27
extend to an incident that was reported to the licensee of a private 28
health facility before the commencement of that subsection. 29
23 Root cause analysis team not required to make recommendations 30
Section 44 (3) (c), as substituted by the amending Act, extends to 31
an investigation commenced before that substitution. 32
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Health Legislation Amendment Bill 2010
Schedule 2 Amendments relating to root cause analysis teams
24 Information not to be given in evidence 1
Section 46 (1), as substituted by the amending Act, extends to: 2
(a) a document that was prepared or a communication that was 3
made before that substitution, and 4
(b) proceedings that are pending on that substitution. 5
25 Notifications and reports not to be admitted in evidence 6
Section 47, as substituted by the amending Act, extends to: 7
(a) a notification that was given or a report that was prepared 8
before that substitution, and 9
(b) proceedings that are pending on that substitution. 10
Page 12
Health Legislation Amendment Bill 2010
Other amendments Schedule 3
Schedule 3 Other amendments 1
3.1 Assisted Reproductive Technology Act 2007 No 69 2
[1] Schedule 1 Savings, transitional and other provisions 3
Insert after clause 4 (3): 4
(3A) The Director-General may, on receipt of an application under this 5
clause, direct an ART provider in writing to provide such 6
information as the Director-General may require to enable the 7
Director-General to identify: 8
(a) in the case of an application by a donor of a gamete--any 9
offspring of the donor born as a result of ART treatment 10
using the donated gamete, and 11
(b) in the case of an application by a person who was born as 12
a result of ART treatment using a donated gamete--the 13
donor of the gamete. 14
(3B) An ART provider must comply with any such direction of the 15
Director-General. 16
[2] Schedule 1, clause 4 (4) 17
Insert "or (3A)" after "subclause (2)". 18
[3] Schedule 1, clause 4 (5) 19
Insert after clause 4 (4): 20
(5) The Director-General must not disclose information provided 21
under subclause (3A) that identifies a person unless the person: 22
(a) is an adult, and 23
(b) has made an application under this clause or has provided 24
written consent to the disclosure. 25
3.2 Guardianship Act 1987 No 257 26
Section 34 Application of Part 27
Insert "or the Mental Health (Forensic Provisions) Act 1990" after "Mental 28
Health Act 2007" wherever occurring in section 34 (2). 29
3.3 Health Administration Act 1982 No 135 30
Section 4 Definitions 31
Insert "or the Director-General" after "Minister" in section 4 (1A). 32
Page 13
Health Legislation Amendment Bill 2010
Schedule 3 Other amendments
3.4 Health Services Act 1997 No 154 1
[1] Section 40 Delegations by area health service 2
Omit section 40 (1) including the note. Insert instead: 3
(1) An area health service may delegate any of its functions (other 4
than a function set out in subsection (1A)) to: 5
(a) any member of the NSW Health Service, or 6
(b) a visiting practitioner, council or committee appointed by 7
the area health service, or 8
(c) a body appointed by the Minister or Director-General 9
under this or any other Act, or 10
(d) a person or body of a class prescribed by the regulations. 11
Note. Section 49 of the Interpretation Act 1987 contains general 12
provisions relating to the delegation of functions. 13
(1A) An area health service cannot delegate: 14
(a) its power of delegation under this section, or 15
(b) its functions under section 31 (2), or 16
(c) the power to make by-laws. 17
[2] Section 53A 18
Insert before section 53: 19
53A Combined management or assistance in management of public 20
hospitals, health institutions, health services or health support 21
services 22
(1) Any two or more statutory health corporations may, by 23
agreement, jointly control and manage any public hospital, health 24
institution, health service or health support service. 25
(2) A statutory health corporation may, by agreement, manage any 26
public hospital, health institution, health service or health support 27
service under the control of another statutory health corporation, 28
or assist in that management, for and on behalf of that other 29
statutory health corporation. 30
(3) A statutory health corporation must not enter into an agreement 31
under this section without the approval of the Minister. 32
(4) A public hospital, health institution, health service or health 33
support service is not, for the purposes of this or any other Act, to 34
be regarded as being under the control of a statutory health 35
corporation because the statutory health corporation manages, or 36
assists in the management of, the public hospital, health 37
Page 14
Health Legislation Amendment Bill 2010
Other amendments Schedule 3
institution, health service or health support service for and on 1
behalf of another statutory health corporation. 2
[3] Schedule 7 Savings and transitional provisions 3
Insert at the end of clause 1 (1): 4
Health Legislation Amendment Act 2010 (but only to the extent 5
that it amends this Act) 6
3.5 Public Health (Tobacco) Act 2008 No 94 7
Section 39 Notification by person engaging in tobacco retailing 8
Omit "within 7 days" from section 39 (4). Insert instead "within 28 days". 9
Page 15
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