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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Health Legislation Further Amendment
Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Repeal of Nursing Homes Act 1988 No 124 and regulation 2
4 Amendment of Acts and instruments 2
Schedule 1 Amendment of Dental Technicians Registration Act 1975
No 40 3
Schedule 2 Amendment of Health Services Act 1997 No 154 4
Schedule 3 Amendment of New South Wales Institute of Psychiatry
Act 1964 No 44 11
Schedule 4 Amendment of Optical Dispensers Act 1963 No 35 13
Schedule 5 Amendment of Public Health Act 1991 No 10 15
Schedule 6 Consequential amendment of other Acts and instruments 17
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Health Legislation Further Amendment
Bill 2004
Act No , 2004
An Act to repeal the Nursing Homes Act 1988 and a regulation made under that Act
and to make miscellaneous amendments to various Acts and instruments that relate
to health and associated matters; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Health Legislation Further Amendment Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Health Legislation Further Amendment Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Repeal of Nursing Homes Act 1988 No 124 and regulation
The following are repealed:
(a) the Nursing Homes Act 1988,
(b) the Nursing Homes Regulation 1996.
4 Amendment of Acts and instruments
Each Act and instrument specified in Schedules 16 is amended as set
out in those Schedules.
Page 2
Health Legislation Further Amendment Bill 2004
Amendment of Dental Technicians Registration Act 1975 No 40 Schedule 1
Schedule 1 Amendment of Dental Technicians
Registration Act 1975 No 40
(Section 4)
[1] Section 33 Penalty
Omit "5 penalty units". Insert instead "50 penalty units".
[2] Section 35 Regulations
Omit "2 penalty units" from section 35 (4). Insert instead "10 penalty units".
Page 3
Health Legislation Further Amendment Bill 2004
Schedule 2 Amendment of Health Services Act 1997 No 154
Schedule 2 Amendment of Health Services Act 1997
No 154
(Section 4)
[1] Section 6 What is the public health system?
Insert at the end of section 6 (c):
, and
(d) the Public Health System Support Division of the Health
Administration Corporation.
[2] Section 16 Who constitutes the NSW Health Service?
Insert at the end of section 16 (c):
, and
(d) all persons employed in the Public Health System Support
Division of the Health Administration Corporation.
[3] Section 116 Transfers of employees in NSW Health Service
Omit "of a public health organisation from one position in the NSW Health
Service" from section 116 (1).
Insert instead "in the NSW Health Service from one position in the Service".
[4] Section 116 (1) (a) (i)
Insert "that employs the employee" after "by the organisation".
[5] Section 116 (2)
Omit "public health" wherever occurring.
[6] Chapter 10 Administration of the public health system
Insert after the matter relating to Part 1 in the Introduction to the Chapter:
Part 1A enables the Health Administration Corporation (the
Corporation) to provide health support services to public health
organisations and, with the Minister's approval, to provide health support
services or corporate or other services, by contract or agreement, to
other persons. A Public Health System Support Division of the
Corporation is established and the persons employed in that Division are
employed in connection with public health organisations and the public
hospitals that they control and are to carry out the Corporation's function
of providing health support services to those organisations. The
Corporation may delegate its functions under Part 1A to a person or an
appointed body. The Director-General may transfer staff of a public
health organisation to the Corporation for the purpose of exercising
those functions and the Director-General may authorise the Corporation
to make use of the services of any of the staff of a public health
Page 4
Health Legislation Further Amendment Bill 2004
Amendment of Health Services Act 1997 No 154 Schedule 2
organisation. The Minister may require a public health organisation to
acquire health support services from the Corporation or some other
specified person.
[7] Chapter 10, Part 1A
Insert after Part 1:
Part 1A Provision of health support services
126A Definitions
In this Part:
appointed body means a committee, board or other body of
persons appointed under section 126C by the Corporation.
Corporation means the Health Administration Corporation.
Note. The term health support service is defined in the Dictionary.
126B Corporation to provide health support services
(1) The Corporation may provide health support services to public
health organisations and the public hospitals that they control.
(2) There is established a Public Health System Support Division in
the Corporation.
(3) The persons employed by the Corporation in the Public Health
System Support Division are employed in connection with public
health organisations and the public hospitals that they control and
are to carry out the Corporation's function under subsection (1).
(4) The Corporation may also, with the approval of the Minister,
make and enter into contracts or agreements with any person
other than a public health organisation for the provision of health
support services or corporate or other services to that person.
(5) The Corporation may determine the fees and charges payable for
any service provided by or on behalf of the Corporation under
this section.
(6) The Corporation may delegate its functions under this section to
a person or appointed body.
(7) A delegate may subdelegate to any person or appointed body
some or all of any function delegated under this section if the
delegate is authorised in writing to do so by the delegator.
(8) Section 21 of the Health Administration Act 1982 does not apply
in relation to the functions under this section.
Page 5
Health Legislation Further Amendment Bill 2004
Schedule 2 Amendment of Health Services Act 1997 No 154
(9) Nothing in this section limits the Corporation's functions under
this or any other Act or law.
126C Appointed bodies
(1) The Corporation may appoint a committee, board or other body
for the purposes of this Part.
(2) An appointed body is to consist of such members appointed by
the Corporation as the Corporation thinks fit.
(3) The procedure of an appointed body is to be determined by the
Corporation or (subject to any determination of the Corporation)
by the appointed body.
(4) A member of an appointed body holds office for such period (not
exceeding 5 years) as is specified in the member's instrument of
appointment, but is eligible (if otherwise qualified) for
re-appointment.
(5) The Corporation may terminate the appointment of a member of
an appointed body at any time for any or no reason by notice in
writing to the member.
(6) A member of an appointed body is entitled to such fees and
allowances as the Corporation may determine from time to time.
(7) A member of an appointed body is not personally liable for any
act or omission done or omitted to be done in good faith for the
purposes of this Part.
(8) If subsection (7) prevents liability attaching to a member of an
appointed body, the liability attaches instead to the Corporation.
126D Transfer of staff to Corporation
(1) The Director-General may, by order in writing, transfer such of
the staff of a public health organisation as are specified in the
order (either individually or by reference to a class of persons) to
the Corporation for the purpose of exercising the Corporation's
function under section 126B (1).
(2) The members of staff of a public health organisation who are
transferred to the Corporation by such an order are to be regarded
for all purposes as having become employees of the Corporation,
in accordance with the terms of the order, on a day specified in
the order as being the day on which the transfer takes effect.
Page 6
Health Legislation Further Amendment Bill 2004
Amendment of Health Services Act 1997 No 154 Schedule 2
(3) A person who is a member of staff of a public health organisation
and who is transferred under this section:
(a) is (until other provision is duly made by this or any other
Act or law) to be employed in accordance with any
relevant statutory provisions, awards, agreements and
determinations that would have applied to the person if the
person had not been transferred but had instead remained
as a member of the staff of the public health organisation
from which the person was transferred, and
(b) retains any rights to annual leave, extended service leave,
sick leave, and other forms of leave, accrued or accruing in
the person's employment with the public health
organisation, and
(c) retains any other right or entitlement that may be
prescribed for the purposes of this section, and
(d) is not entitled to receive any payment or other benefit
merely because the person ceases to be a member of staff
of the public health organisation, and
(e) is not entitled to claim, both under this Act and under any
other Act or law, dual benefits of the same kind for the
same period of service, and
(f) is employed in the Public Health System Support Division
of the Corporation.
126E Corporation may use staff of public health organisation
(1) The Director-General may, by order in writing, authorise the
Corporation to make use of the services of such of the staff of a
public health organisation as are specified in the order (either
individually or by reference to a class of persons) for the purpose
of exercising the Corporation's functions under section 126B.
(2) Staff that are subject to an order under subsection (1) are subject
to the control and direction of the Corporation to the extent
specified or referred to in that order.
(3) An order under subsection (1) may specify that staff are to be
subject to the control and direction of the Corporation on a
full-time and ongoing basis.
(4) Except in so far as an order under subsection (1) otherwise
provides, the Corporation may, by instrument in writing,
authorise another person or appointed body to exercise the
control and direction of any staff that are subject to the order, and
may, in like manner, revoke, wholly or in part, any such
authority.
Page 7
Health Legislation Further Amendment Bill 2004
Schedule 2 Amendment of Health Services Act 1997 No 154
(5) Staff that are subject to an order under subsection (1) remain
members of staff of the public health organisation and do not
become employees of the Corporation despite any other
provision of this Act or of any other law or of any provision of
the order.
(6) This section is not limited by section 7 of the Health
Administration Act 1982.
126F Obligations and rights under Occupational Health and Safety
Act 2000 and other legislation
(1) For the purposes of the Occupational Health and Safety Act 2000
and the employer liability legislation, the Corporation has the
functions and liabilities of an employer in respect of a person who
is the subject of an order under section 126E (1).
(2) A public health organisation, and any person concerned in the
management of the organisation, is not liable for an offence under
the Occupational Health and Safety Act 2000 or the employer
liability legislation arising out of an act or omission done or
omitted to be done by a member of staff of that organisation
while the member of staff is under the control and direction of the
Corporation, but only if that liability attaches solely because the
member of staff is an employee of the public health organisation
or of a person concerned in the management of the organisation.
(3) In this section:
employer liability legislation means:
(a) instruments under the Occupational Health and Safety
Act 2000, and
(b) associated occupational health and safety legislation
within the meaning of that Act, and
(c) any other Act or instrument under an Act that makes an
employer liable for an act or omission of an employee, or
for an act or omission of the employer in relation to an
employee, being a law prescribed by the regulations for the
purposes of this section.
126G Minister may direct public health organisation to enter contracts
with Corporation and others
(1) The Minister may, by order in writing, from time to time:
(a) require a public health organisation to acquire specified
health support services from the Corporation or some other
specified person if and when such services are required,
and
Page 8
Health Legislation Further Amendment Bill 2004
Amendment of Health Services Act 1997 No 154 Schedule 2
(b) give a public health organisation any necessary directions
for the purposes of paragraph (a).
(2) The following conduct is specifically authorised by this Act for
the purposes of the Trade Practices Act 1974 of the
Commonwealth and the Competition Code of New South Wales:
(a) a requirement or direction of the Minister given under
subsection (1),
(b) the entering or making of a contract, agreement,
arrangement or understanding as the result of such a
requirement or direction,
(c) conduct authorised or required by or under the terms or
conditions of any such contract, agreement, arrangement
or understanding,
(d) any conduct of the Corporation in carrying out its
functions or exercising its powers under this Part,
(e) any conduct of a public health organisation, its agents, a
person concerned in the management of the organisation or
a person who is engaged or employed by the organisation:
(i) in relation to obtaining health support services in
accordance with this Part, or
(ii) in complying with a requirement or direction of the
Minister given under subsection (1).
(3) Conduct authorised by subsection (2) is authorised only to the
extent (if any) that it would otherwise contravene Part IV of the
Trade Practices Act 1974 of the Commonwealth and the
Competition Code of New South Wales.
126H Consent of affiliated health organisations required for certain
orders
(1) The Director-General may not make an order under section 126D
(1) or 126E (1) in relation to the staff of an affiliated health
organisation unless the Director-General has obtained the written
consent of the organisation to the making of the order.
(2) The Minister may not make an order under section 126G (1) that
requires or directs an affiliated health organisation to do, or omit
to do, anything unless the Minister has obtained the written
consent of the organisation to the requirement or direction.
Page 9
Health Legislation Further Amendment Bill 2004
Schedule 2 Amendment of Health Services Act 1997 No 154
[8] Schedule 7 Savings and transitional provisions
Insert at the end of clause 1 (1):
Health Legislation Further Amendment Act 2004 (but only to the
extent that it amends this Act)
[9] Dictionary
Omit "supply" from paragraph (b) of the definition of health support service.
Insert instead "procurement or supply (or both)".
[10] Dictionary, definition of "health support service"
Insert at the end of paragraph (c):
, or
(d) the provision of corporate services to providers of health
services,
and includes a service prescribed by the regulations.
[11] Dictionary, definition of "nursing home"
Omit "the Nursing Homes Act 1988".
Insert instead "the Public Health Act 1991".
Page 10
Health Legislation Further Amendment Bill 2004
Amendment of New South Wales Institute of Psychiatry Act 1964 No 44 Schedule 3
Schedule 3 Amendment of New South Wales
Institute of Psychiatry Act 1964 No 44
(Section 4)
[1] Section 2 Definitions
Omit "Part 2 of the Public Sector Management Act 1988" from the definition
of Director.
Insert instead "Chapter 2 of the Public Sector Employment and Management
Act 2002".
[2] Section 2
Insert in alphabetical order:
exercise a function includes perform a duty.
function includes a power, authority or duty.
[3] Section 4 Objects of the Institute
Omit ", subject to the approval of the Minister," from section 4 (3).
[4] Section 7 Public Sector Employment and Management Act 2002 not to
apply to members other than Director
Omit "Public Sector Management Act 1988".
Insert instead "Public Sector Employment and Management Act 2002".
[5] Sections 20 and 20A
Omit section 20. Insert instead:
20 Staff of Institute
(1) The Director and the staff of the Institute are (subject to this
section) to be employed under Chapter 2 of the Public Sector
Employment and Management Act 2002.
(2) The Institute may, with the approval of the Minister, employ such
other persons possessing medical, scientific or technical or other
para-medical qualifications as may be necessary for carrying out
the provisions of this Act. Chapter 2 of the Public Sector
Employment and Management Act 2002 does not apply to the
employment of any such staff.
(3) Salaries and fees payable pursuant to subsection (2) are to be part
of the costs of administration of this Act.
Page 11
Health Legislation Further Amendment Bill 2004
Schedule 3 Amendment of New South Wales Institute of Psychiatry Act 1964 No 44
(4) The Institute may arrange for the use of the services of any staff
or facilities of a government agency, with the approval of the
agency concerned and the Minister. Any person whose services
the Institute makes use of under this subsection is, for the
purposes of this Act, taken to be a member of staff of the Institute.
20A Delegation
The Institute may delegate the exercise of any function of the
Institute under this Act (other than this power of delegation) to:
(a) any member of staff of the Institute, or
(b) a person of a class prescribed by the regulations.
[6] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Health Legislation Further Amendment Act 2004 (but only to the
extent that it amends this Act)
[7] Schedule 1, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Health Legislation Further Amendment
Act 2004
6 Re-enactment of section 20
The substitution of section 20 by the Health Legislation Further
Amendment Act 2004 does not affect the employment (including
the terms of employment) of any person employed by the
Institute immediately before the substitution of that section.
Page 12
Health Legislation Further Amendment Bill 2004
Amendment of Optical Dispensers Act 1963 No 35 Schedule 4
Schedule 4 Amendment of Optical Dispensers Act
1963 No 35
(Section 4)
[1] Section 2 Definitions
Omit the definition of Optical appliance from section 2 (1). Insert instead:
Optical appliance means:
(a) contact lenses, spectacle lenses or any other appliance
designed to correct, remedy or relieve any refractive
abnormality or defect of sight, or
(b) contact lenses other than those referred to in paragraph (a).
[2] Section 29A
Omit the section. Insert instead:
29A Supply of optical appliance pursuant to prescription
An optical dispenser must not supply an optical appliance to any
person unless:
(a) the optical dispenser does so pursuant to a prescription
written by a person whom the optical dispenser reasonably
believes to be qualified, pursuant to any Act or law, to
write a prescription for an optical appliance, for the person
who is to use the optical appliance, or
(b) the optical dispenser does so by way of the copying or
duplication of an optical appliance, or part of an optical
appliance, furnished to the optical dispenser by or on
behalf of the person, not being an optical appliance, or
part, that the optical dispenser ought reasonably to have
suspected had been supplied to the person otherwise than
pursuant to a prescription referred to in paragraph (a), or
(c) the optical appliance is a contact lens that is not designed
to correct, remedy or relieve any refractive abnormality or
defect of sight.
Maximum penalty: 10 penalty units.
Page 13
Health Legislation Further Amendment Bill 2004
Schedule 4 Amendment of Optical Dispensers Act 1963 No 35
[3] Section 36 and Schedule 1
Insert after section 35:
36 Savings and transitional provisions
Schedule 1 has effect.
Schedule 1 Savings and transitional provisions
(Section 36)
1 Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the following
Acts:
Health Legislation Further Amendment Act 2004 (but only to the
extent that it amends this Act)
(2) Any such provision may, if the regulations so provide, 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 in the Gazette, 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.
Page 14
Health Legislation Further Amendment Bill 2004
Amendment of Public Health Act 1991 No 10 Schedule 5
Schedule 5 Amendment of Public Health Act 1991
No 10
(Section 4)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
nursing home means a facility at which residential care (within
the meaning of the Aged Care Act 1997 of the Commonwealth)
is provided and in relation to which any one or more of the
following is satisfied:
(a) a licence was in force, or an approval of an application for
a licence in principle was effective, under the Nursing
Homes Act 1988 in relation to the facility immediately
before the repeal of that Act,
(b) residential care is provided at the facility in relation to an
allocated place under the Aged Care Act 1997 of the
Commonwealth and that place requires a high level of
residential care within the meaning of that Act,
(c) the facility belongs to a class of facilities prescribed by the
regulations.
[2] Section 52
Omit the section. Insert instead:
52 Nursing requirements for nursing homes
(1) A person who operates a nursing home must:
(a) ensure that a registered nurse is on duty in the nursing
home at all times, and
(b) ensure that a registered nurse is appointed as a director of
nursing of the nursing home, and
(c) ensure that any vacancy in the position of director of
nursing of the nursing home is filled within 7 days.
Maximum penalty: 20 penalty units.
(2) The regulations may prescribe the minimum necessary
qualifications for a registered nurse to be appointed as a director
of nursing at a nursing home.
Page 15
Health Legislation Further Amendment Bill 2004
Schedule 5 Amendment of Public Health Act 1991 No 10
(3) In this section:
director of nursing of a nursing home means the registered nurse
responsible for care of the residents of the nursing home.
registered nurse has the same meaning as in the Nurses and
Midwives Act 1991.
[3] Section 68 Definitions
Omit "within the meaning of the Nursing Homes Act 1988" from paragraph (e)
of the definition of hospital.
[4] Schedule 4 Savings and transitional provisions
Insert at the end of clause 1 (2A):
Health Legislation Further Amendment Act 2004 (but only to the
extent that it amends this Act or repeals the Nursing Homes
Act 1988)
[5] Schedule 4, Part 6
Insert after Part 5:
Part 6 Provision consequent on the repeal of the
Nursing Homes Act 1988
19 Reference to nursing homes in other Acts, instruments or
documents
A reference in any other Act, statutory instrument or other
document to a nursing home within the meaning of the Nursing
Homes Act 1988 is taken to include a reference to a nursing home
within the meaning of this Act.
Page 16
Health Legislation Further Amendment Bill 2004
Consequential amendment of other Acts and instruments Schedule 6
Schedule 6 Consequential amendment of other Acts
and instruments
(Section 4)
6.1 Children and Young Persons (Care and Protection) Act 1998
No 157
Section 200 Meaning of "children's service"
Omit "or a nursing home licensed under the Nursing Homes Act 1988" from
section 200 (3) (a) (i).
6.2 Children and Young Persons (Care and Protection)
Regulation 2000
Clause 17 Out-of-home care: sec 135
Omit clause 17 (d).
6.3 Children (Care and Protection) Act 1987 No 54
Section 3 Definitions
Omit "or a nursing home licensed under the Nursing Homes Act 1988" from
paragraph (a) (ii) of the definition of exempt premises in section 3 (1).
6.4 Chiropractors Act 2001 No 15
Section 38 Notification of orders to employer and others
Omit "the Nursing Homes Act 1988" from section 38 (1) (d).
Insert instead "the Public Health Act 1991".
6.5 Dental Practice Act 2001 No 64
Sections 56 (1) (d) and 137A (5) (c)
Omit "the Nursing Homes Act 1988" wherever occurring.
Insert instead "the Public Health Act 1991".
Page 17
Health Legislation Further Amendment Bill 2004
Schedule 6 Consequential amendment of other Acts and instruments
6.6 Guardianship Act 1987 No 257
Section 3 Definitions
Omit "licensed under the Nursing Homes Act 1988" from paragraph (a) (ii) of
the definition of exempt premises in section 3 (1).
Insert instead "within the meaning of the Public Health Act 1991".
6.7 Health Administration Regulation 2000
Clause 12 Prescribed establishments
Omit "the Nursing Homes Act 1988" from clause 12 (b).
Insert instead "the Public Health Act 1991".
6.8 Inclosed Lands Protection Act 1901 No 33
Section 3 Definitions
Omit "the Nursing Homes Act 1988" from paragraph (d) of the definition of
prescribed premises in section 3 (1).
Insert instead "the Public Health Act 1991".
6.9 Land Tax Management Act 1956 No 26
[1] Section 10 Land exempted from tax
Omit section 10 (1) (g) (x).
[2] Section 10R Retirement villages--exemption/reduction
Omit the definition of nursing home from section 10R (1).
[3] Section 10R (2) (c)
Omit the paragraph.
[4] Section 10R (4)
Omit ", a retirement village or a nursing home,".
Insert instead "or a retirement village".
Page 18
Health Legislation Further Amendment Bill 2004
Consequential amendment of other Acts and instruments Schedule 6
6.10 Liquor Act 1982 No 147
Section 6 Application of Act
Omit "who is a resident of a nursing home within the meaning of the Nursing
Homes Act 1988" from section 6 (2) (a).
Insert instead "who is accommodated in a nursing home within the meaning of
the Public Health Act 1991 and who receives nursing care".
6.11 Medical Practice Act 1992 No 94
[1] Section 116A Prohibition against directing or inciting overservicing or
misconduct
Omit "the Nursing Homes Act 1988" from section 116A (5) (c).
Insert instead "the Public Health Act 1991".
[2] Section 191B Notification of orders to practitioner's employer and others
Omit "the Nursing Homes Act 1988" from section 191B (1) (d).
Insert instead "the Public Health Act 1991".
6.12 Medical Practice Regulation 2003
Clause 5 Records relating to patients
Omit "the Nursing Homes Act 1988" from clause 5 (4) (d).
Insert instead "the Public Health Act 1991".
6.13 Optometrists Act 2002 No 30
Sections 42 (1) (d) and 120A (5) (c)
Omit "the Nursing Homes Act 1988" wherever occurring.
Insert instead "the Public Health Act 1991".
6.14 Osteopaths Act 2001 No 16
Section 38 Notification of orders to employer and others
Omit "the Nursing Homes Act 1988" from section 38 (1) (d).
Insert instead "the Public Health Act 1991".
Page 19
Health Legislation Further Amendment Bill 2004
Schedule 6 Consequential amendment of other Acts and instruments
6.15 Physiotherapists Act 2001 No 67
Section 39 Notification of orders to employer and others
Omit "the Nursing Homes Act 1988" from section 39 (1) (d).
Insert instead "the Public Health Act 1991".
6.16 Podiatrists Act 2003 No 69
Section 38 Notification of orders to employer and others
Omit "the Nursing Homes Act 1988" from section 38 (1) (d).
Insert instead "the Public Health Act 1991".
6.17 Poisons and Therapeutic Goods Regulation 2002
Clause 3 Definitions
Omit the definition of nursing home from clause 3 (1). Insert instead:
nursing home has the same meaning as in the Public Health Act
1991.
6.18 Private Hospitals and Day Procedure Centres Act 1988
No 123
[1] Section 3 Definitions
Omit "the Nursing Homes Act 1988" from paragraph (e) of the definition of
day procedure centre in section 3 (1).
Insert instead "the Public Health Act 1991".
[2] Section 3 (1), definition of "private hospital"
Omit "the Nursing Homes Act 1988" from paragraph (d) of the definition.
Insert instead "the Public Health Act 1991".
6.19 Psychologists Act 2001 No 69
Section 38 Notification of orders to employer and others
Omit "the Nursing Homes Act 1988" from section 38 (1) (d).
Insert instead "the Public Health Act 1991".
Page 20
Health Legislation Further Amendment Bill 2004
Consequential amendment of other Acts and instruments Schedule 6
6.20 Retirement Villages Act 1999 No 81
[1] Section 5 Meaning of "retirement village"
Omit section 5 (3) (b). Insert instead:
(b) a nursing home within the meaning of the Public Health
Act 1991,
[2] Section 15 Approvals for certain facilities
Omit the note to the section.
6.21 Summary Offences Act 1988 No 25
Section 3 Definitions
Omit "the Nursing Homes Act 1988" from paragraph (c) of the definition of
hospital in section 3 (1).
Insert instead "the Public Health Act 1991".
Page 21
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