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This is a Bill, not an Act. For current law, see the Acts databases.
Health Services Amendment (Local
Health Districts and Boards) Bill 2011
No , 2011
A Bill for
An Act to amend the Health Services Act 1997 to constitute local health districts and
establish boards for such districts; to make consequential amendments to certain Acts
and statutory rules; and for other purposes.
Clause 1 Health Services Amendment (Local Health Districts and Boards) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Health Services Amendment (Local Health Districts and 3
Boards) Act 2011. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Health Services Amendment (Local Health Districts and Boards) Bill 2011
Amendment of Health Services Act 1997 No 154 Schedule 1
Schedule 1 Amendment of Health Services Act 1997 1
No 154 2
1.1 Principal amendments 3
[1] Section 17 4
Omit the section. Insert instead: 5
17 Constitution of local health districts 6
(1) There are constituted by this section such local health districts as 7
are specified from time to time in column 1 of Schedule 1. 8
(2) A local health district is a body corporate with the corporate name 9
specified in column 1 of Schedule 1. 10
[2] Section 26 11
Omit the section. Insert instead: 12
26 Constitution of local health district boards 13
(1) A local health district board is to be established for each local 14
health district. 15
(2) A local health district board is to consist of 6 to 13 persons 16
appointed by the Minister, selected in accordance with 17
subsections (3) and (4). 18
(3) The Minister is to select the membership of a local health district 19
board so that the membership of the board has an appropriate mix 20
of skills and expertise required to oversee and provide guidance 21
to the district, including members who: 22
(a) have expertise and experience in health management, 23
business management and financial management, and 24
(b) have expertise and experience in the provision of clinical 25
and other health services, and 26
(c) where appropriate, are representatives of universities, 27
clinical schools or research centres, and 28
(d) have knowledge and understanding of the community 29
served by the district, and 30
(e) have other backgrounds, skills, expertise, knowledge or 31
experience appropriate for the district. 32
(4) A local health district board is to have at least one member (who 33
may also be one of the kinds of members referred to in 34
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Schedule 1 Amendment of Health Services Act 1997 No 154
subsection (3) (a)(e)) who has expertise, knowledge or 1
experience in relation to Aboriginal health. 2
(5) A member of a local health district board holds office for such 3
period (not exceeding 4 years) as may be specified in the 4
member's instrument of appointment. 5
(6) A member whose term of office expires is eligible (if otherwise 6
qualified) for re-appointment, but may not be appointed so as to 7
hold office for more than 8 years in total (whether or not the 8
appointments are consecutive). 9
(7) One of the members of a local health district board is, by the 10
relevant instrument of appointment or by a further instrument 11
signed by the Minister, to be appointed as the chairperson of the 12
board. 13
(8) A member of a local health district board is entitled to be paid 14
such remuneration (including travelling and subsistence 15
allowances) as the Minister may from time to time determine in 16
respect of the member. 17
(9) Subject to this section, the constitution and procedure of a local 18
health district board are to be as prescribed by the regulations. 19
[3] Section 41 Constitutions of statutory health corporations 20
Insert "specialty" before "network" in section 41 (3). 21
[4] Section 42 Amendment of Schedule 2 (Statutory health corporations) 22
Insert "specialty" before "network" wherever occurring in section 42 (a1). 23
[5] Section 52F 24
Omit the section. Insert instead: 25
52F Boards of specialty network governed health corporations 26
(1) A board is to be established for each specialty network governed 27
health corporation. 28
(2) The provisions of Division 2 of Part 2 of Chapter 3 (except 29
section 26 (1)) apply in relation to a board of a specialty network 30
governed health corporation in the same way as they apply to a 31
local health district board, subject to the following modifications: 32
(a) a reference in those provisions (however expressed) to a 33
local health district board is to be read as if it were a 34
reference to the board for a specialty network governed 35
health corporation, 36
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Amendment of Health Services Act 1997 No 154 Schedule 1
(b) a reference in those provisions (however expressed) to a 1
local health district is to be read as if it were a reference to 2
a specialty network governed health corporation, 3
(c) a reference in those provisions (however expressed) to the 4
chief executive of a local health district is to be read as if 5
it were a reference to the chief executive of a specialty 6
network governed health corporation, 7
(d) such other modifications as may be prescribed by the 8
regulations. 9
[6] Schedule 1, heading 10
Omit "networks". Insert instead "districts". 11
[7] Schedule 1, Column 1 12
Omit "local health network" and "Network" wherever occurring. 13
Insert instead "local health district" and "District", respectively. 14
[8] Schedule 2 Statutory health corporations 15
Omit "Network" wherever occurring in column 2. 16
Insert instead "Specialty network". 17
[9] Schedule 7 Savings, transitional and other provisions 18
Insert at the end of clause 1 (1): 19
Health Services Amendment (Local Health Districts and Boards) 20
Act 2011 21
[10] Schedule 7 22
Insert after Part 7: 23
Part 8 Provisions consequent on enactment of 24
Health Services Amendment (Local Health 25
Districts and Boards) Act 2011 26
Division 1 Preliminary 27
83 Interpretation 28
(1) In this Part: 29
amending Act means the Health Services Amendment (Local 30
Health Districts and Boards) Act 2011. 31
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Schedule 1 Amendment of Health Services Act 1997 No 154
existing by-laws means any by-laws made (or taken to have been 1
made) by an existing local health network that were in force 2
immediately before the reconstitution day. 3
existing local health network means a local health network in 4
existence immediately before the reconstitution day. 5
existing local health network governing council means a local 6
health network governing council for an existing local health 7
network in existence immediately before the reconstitution day. 8
existing network governed health corporation means a network 9
governed health corporation in existence immediately before the 10
reconstitution day. 11
initial local health district means a local health district 12
constituted by this Act (as in force on the reconstitution day). 13
instrument means an instrument (other than this Act or an 14
instrument made under this Act) or any other document that 15
creates, modifies or extinguishes rights or liabilities (or would do 16
so if lodged, filed or registered in accordance with any law), and 17
includes any judgment, order, process or other instrument issued 18
by a court or tribunal. 19
reconstitution day means the day on which section 17 is 20
substituted by the amending Act. 21
successor, in relation to an existing local health network, means 22
an initial local health district having substantially the same name 23
as the existing local health network. 24
(2) For the purposes of the definition of successor in subclause (1), 25
an initial local health district has substantially the same name as 26
an existing local health network if the only difference between 27
the corporate names of the district and network is the use of the 28
word "District" instead of the word "Network". 29
Division 2 Dissolution and reconstitution of existing 30
local health networks 31
84 Dissolution of existing local health networks 32
(1) On the reconstitution day: 33
(a) each existing local health network is dissolved, and 34
(b) each existing local health network governing council is 35
dissolved, and 36
(c) the members (including chairpersons and deputy 37
chairpersons) of each existing local health network 38
governing council cease to hold office as such, but are 39
eligible (if otherwise qualified) to be appointed as 40
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Amendment of Health Services Act 1997 No 154 Schedule 1
members (including chairpersons and deputy 1
chairpersons) of local health district boards, and 2
(d) any person who ceases to be a member (including a 3
chairperson or deputy chairperson) of an existing local 4
health network governing council because of the operation 5
of this clause is not entitled to any compensation for the 6
loss of that office. 7
(2) Subject to this Division, on the dissolution of an existing local 8
health network, the network's successor is taken for all purposes 9
(including the rules of private international law) to be a 10
continuation of and the same legal entity as the network. 11
85 Constitution of initial local health districts 12
(1) Each of the local health districts specified in Schedule 1 (as 13
amended by the amending Act on the reconstitution day) is 14
constituted as such on that day, subject to subclause (2). 15
(2) Nothing in this clause prevents the amendment of Schedule 1 16
(whether on or after the reconstitution day) by an order made 17
under section 19 or 20. 18
86 Transfer of existing local health network's undertaking to 19
network's successor 20
(1) The following provisions have effect in relation to the assets, 21
rights and liabilities of an existing local health network on its 22
dissolution: 23
(a) the assets of the network vest in the network's successor by 24
virtue of this clause and without the need for any further 25
conveyance, transfer, assignment or assurance, 26
(b) the rights or liabilities of the network become by virtue of 27
this clause the rights or liabilities of the network's 28
successor, 29
(c) all proceedings relating to the assets, rights or liabilities 30
commenced before the network's dissolution by or against 31
the network or a predecessor of the network and pending 32
immediately before the network's dissolution are taken to 33
be proceedings pending by or against the network's 34
successor, 35
(d) any act, matter or thing done or omitted to be done in 36
relation to the assets, rights or liabilities before the 37
network's dissolution by, to or in respect of the network is 38
(to the extent to which that act, matter or thing has any 39
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Schedule 1 Amendment of Health Services Act 1997 No 154
force or effect) taken to have been done or omitted by, to 1
or in respect of the network's successor, 2
(e) the network's successor has all the entitlements and 3
obligations of the network in relation to those assets, rights 4
and liabilities that the network would have had but for its 5
dissolution, whether or not those entitlements and 6
obligations were actual or potential at the time the 7
dissolution took effect. 8
(2) Without limiting subclause (1): 9
(a) any agreement between an existing local health network 10
and any person that was in force (or taken to be in force) 11
immediately before the dissolution of the network is taken 12
on and from that dissolution to have been entered into 13
between the network's successor and the person, and 14
(b) any delegation given (or taken to have been given) by an 15
existing local health network in force immediately before 16
the dissolution of that network is taken on and from that 17
dissolution to have been given by the network's successor. 18
(3) The operation of this clause is not to be regarded: 19
(a) as a breach of contract or confidence or otherwise as a civil 20
wrong, or 21
(b) as a breach of any contractual provision prohibiting, 22
restricting or regulating the assignment or transfer of 23
assets, rights or liabilities, or 24
(c) as giving rise to any remedy by a party to an instrument, or 25
as causing or permitting the termination of any instrument, 26
because of a change in the beneficial or legal ownership of 27
any asset, right or liability, or 28
(d) as an event of default under any contract or other 29
instrument. 30
(4) No attornment to an existing local health network's successor by 31
a lessee from the network is required. 32
(5) No compensation is payable to any person or body in connection 33
with the transfer of any asset, right or liability by operation of this 34
clause. 35
(6) State tax is not payable in relation to: 36
(a) an exempt matter, or 37
(b) anything done because of, or for a purpose connected with 38
or arising out of, an exempt matter. 39
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Amendment of Health Services Act 1997 No 154 Schedule 1
(7) The Minister may, by notice in writing, confirm that particular 1
assets, rights or liabilities have become the assets, rights or 2
liabilities of an initial local health district by operation of this 3
clause. Such a notice is conclusive evidence of that fact. 4
(8) In this clause: 5
exempt matter means any of the following: 6
(a) the transfer of any assets, rights or liabilities by operation 7
of this clause (including, without limitation, any 8
instrument executed only for a purpose ancillary to or 9
consequential on the operation of this clause), 10
(b) anything certified by the Minister in writing as having 11
been done in consequence of such a transfer (for example, 12
the transfer or registration of an interest in land). 13
State tax means application or registration fees, duty or any other 14
tax, fee or charge imposed by any legislation or other law of the 15
State. 16
87 Existing chief executives continue in office 17
On the reconstitution day, any person holding office as a chief 18
executive of an existing local health network immediately before 19
its dissolution is taken to have been appointed as the chief 20
executive of the network's successor for the balance of his or her 21
term of office as the chief executive of the local health network, 22
unless the person vacates office before the expiry of the balance 23
of that term. 24
88 Continuation of existing by-laws 25
(1) Subject to the regulations, the existing by-laws of an existing 26
local health network continue in force on and from the 27
reconstitution day as by-laws of the network's successor (with 28
such modifications as are necessary or prescribed by the 29
regulations) until by-laws are made by the successor. 30
(2) Subject to the regulations, any committee, subcommittee or 31
council established (or taken to have been established or 32
continued in existence) under the existing by-laws of an existing 33
local health network continues in existence as a committee, 34
subcommittee or council of the network's successor until such 35
time as a replacement committee, subcommittee or council is 36
established under the successor's by-laws. 37
(3) The continuation of an existing committee, subcommittee or 38
council by operation of this clause does not alter or otherwise 39
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Schedule 1 Amendment of Health Services Act 1997 No 154
affect the existing membership or functions of the committee, 1
subcommittee or council. 2
89 Continuation of existing approved quality assurance committees 3
(1) Subject to the regulations, each of the committees declared (or 4
taken to have been declared) as an approved quality assurance 5
committee under section 20E of the Health Administration Act 6
1982 in relation to any local health network that is in existence 7
immediately before the reconstitution day is taken on and from 8
that day to be an approved quality assurance committee of the 9
network's successor. 10
(2) The continuation of an approved quality assurance committee by 11
operation of this clause does not alter or otherwise affect the 12
existing membership or functions of the committee. 13
90 Updating of references to local health networks and their 14
governing councils 15
(1) Subject to the regulations: 16
(a) a reference in any other Act or instrument made under any 17
other Act or in any instrument of any kind to a local health 18
network constituted under this Act (other than a particular 19
local health network) is to be read on and from the 20
reconstitution day as being a reference to a local health 21
district constituted under this Act, and 22
(b) a reference in any other Act or instrument made under any 23
other Act or in any instrument of any kind to a particular 24
local health network is to be read on and from the 25
reconstitution day as being a reference to the network's 26
successor, and 27
(c) a reference in any other Act or instrument made under any 28
other Act or in any instrument of any kind to a local health 29
network governing council established under this Act 30
(other than a local health network governing council of a 31
particular local health network) is to be read on and from 32
the reconstitution day as being a reference to a local health 33
district board established under this Act, and 34
(d) a reference in any other Act or instrument made under any 35
other Act or in any instrument of any kind to a local health 36
network governing council for a particular local health 37
network is to be read on and from the reconstitution day as 38
being a reference to the local health district board for the 39
network's successor. 40
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Amendment of Health Services Act 1997 No 154 Schedule 1
(2) Subclause (1) does not apply in relation to clause 38 of the 1
Children (Criminal Proceedings) Regulation 2005 or such other 2
references as may be prescribed by the regulations. 3
Division 3 Miscellaneous 4
91 Change in corporate governance of existing network governed 5
health corporations 6
(1) On the conversion day: 7
(a) the governance of each existing network governed health 8
corporation changes to specialty network governance and, 9
accordingly, the corporation becomes a specialty network 10
governed health corporation within the meaning of this 11
Act, and 12
(b) each governing council for an existing network governed 13
health corporation is dissolved, and 14
(c) the members (including chairpersons and deputy 15
chairpersons) of each governing council for an existing 16
network governed health corporation cease to hold office 17
as such, but are eligible (if otherwise qualified) to be 18
appointed as members (including chairpersons and deputy 19
chairpersons) of the boards for specialty network governed 20
health corporations, and 21
(d) any person who ceases to be a member (including a 22
chairperson or deputy chairperson) of a governing council 23
for an existing network governed health corporation 24
because of the operation of this clause is not entitled to any 25
compensation for the loss of that office. 26
(2) Without limiting clause 1, the regulations may make provision 27
for or with respect to the re-appointment of existing council 28
members of the SCHN to the new board of the SCHN. 29
Note. The SCHN becomes a specialty network governed health 30
corporation on the conversion day by operation of subclause (1) (a). 31
(3) Any regulation made for the purposes of subclause (2) has effect 32
despite anything to the contrary in subclause (1) or in Division 2 33
of Part 2 of Chapter 3 (as applied to specialty network governed 34
health corporations by section 52F), including in relation to the 35
maximum number of members for the board of a specialty 36
network governed health corporation. 37
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Schedule 1 Amendment of Health Services Act 1997 No 154
(4) A change in the governance of an existing network governed 1
health corporation that is effected by operation of this clause does 2
not operate: 3
(a) to create a new legal entity, or 4
(b) to prejudice or affect the identity of the body corporate 5
constituted as the health corporation or its continuity as a 6
body corporate, or 7
(c) to affect the property, or the rights or obligations, of the 8
health corporation, or 9
(d) to render defective any legal proceedings by or against the 10
health corporation, or 11
(e) to affect the appointment of the chief executive of the 12
health corporation. 13
(5) In this clause: 14
conversion day means the day on which Schedule 1.1 [3] to the 15
amending Act commences. 16
existing council member of the SCHN means a person who is a 17
member (including the chairperson or deputy chairperson) of the 18
governing council of the SCHN immediately before the 19
conversion day. 20
SCHN means the statutory health corporation with the corporate 21
name "The Sydney Children's Hospitals Network (Randwick 22
and Westmead) (incorporating The Royal Alexandra Hospital for 23
Children)". 24
92 Status of local health districts and specialty network governed 25
health corporations for purposes of NHHN Agreement 26
It is declared that each local health district and specialty network 27
governed health corporation constituted under this Act is 28
intended to operate as a local hospital network of the kind 29
referred to in the NHHN Agreement. 30
93 Regulations 31
Without limiting clause 1, the regulations may make provision 32
for or with respect to the following: 33
(a) the updating of references in any other Acts or instruments 34
made under any other Acts or in any instruments of any 35
kind to local health networks, local health network 36
governing councils, network governed health corporations 37
or governing councils of network governed health 38
corporations, 39
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Amendment of Health Services Act 1997 No 154 Schedule 1
(b) the application (whether with or without modifications) of 1
the by-laws of existing local health networks to local 2
health districts, 3
(c) the continuation of committees declared (or taken to have 4
been declared) as approved quality assurance committees 5
under section 20E of the Health Administration Act 1982 6
and of committees, subcommittees and councils 7
established (or taken to be established or continued in 8
existence) under existing by-laws. 9
[11] Dictionary 10
Omit the definitions of local health network, local health network governing 11
council and network governed health corporation from Part 1. 12
Insert in alphabetical order: 13
local health district--see section 8. 14
local health district board means a local health district board for 15
a local health district established under section 26. 16
specialty network governed health corporation means a 17
statutory health corporation that, as specified in Schedule 2, is 18
specialty network governed. 19
1.2 Related amendments updating references and other minor 20
amendments 21
[1] The whole Act (except sections 4 (a) and (c1), 41 and 62B, Schedules 2, 22
6 and 7 and the definition of "NHHN Agreement" in Part 1 of the 23
Dictionary and except as otherwise amended by this Act) 24
Omit each term or expression specified in Column 1 of the following Table 25
wherever occurring (including definitions, headings and notes) and regardless 26
of capitalisation. 27
Insert instead the term or expression specified in Column 2 opposite the term 28
or expression specified in Column 1 with capitalisation that corresponds to 29
that of the omitted term or expression: 30
Table 31
Column 1 Column 2
network (except when occurring in the expression district
"network governed health corporation", "network
governed health corporations" or "network
governance")
network's district's
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Schedule 1 Amendment of Health Services Act 1997 No 154
Column 1 Column 2
networks districts
governing council board
governing councils boards
network governed health corporation specialty network
governed health
corporation
network governed health corporations specialty network
governed health
corporations
[2] Section 4 Objects of Act 1
Omit "local health networks" from section 4 (a). 2
Insert instead "local health districts". 3
[3] Section 30 Combined management or assistance in management of 4
public hospitals, health institutions, health services or health support 5
services 6
Omit "non-area" wherever occurring in section 30 (1), (2) and (4). 7
Insert instead "non-district". 8
[4] Section 30 (5), definition of "non-area health organisation" 9
Omit "non-area". Insert instead "non-district". 10
[5] Section 133B Personal liability of members of boards of statutory health 11
organisations 12
Omit "or governing council" wherever occurring in section 133B (b) and (c). 13
[6] Section 133B (d) 14
Omit "organisation, board or governing council". 15
Insert instead "organisation or board". 16
[7] Section 136 Proof of certain matters not required 17
Omit "board, governing council or governing body" wherever occurring. 18
Insert instead "board or governing body". 19
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Amendment of Health Services Act 1997 No 154 Schedule 1
[8] Section 140 Regulations 1
Insert after section 140 (2) (m): 2
(n) the updating of any reference in any Act, in any instrument 3
made under any Act or in any document of any kind to any 4
public health organisation (or to any officer, body or 5
function of the organisation) that is (or will become) out of 6
date or otherwise incorrect because of the dissolution, 7
amalgamation, change in governance or renaming of the 8
organisation or the transfer of any of its functions, assets, 9
rights or liabilities. 10
[9] Schedule 4 Transfers, dissolutions, amalgamations and changes of 11
name or nature of governance 12
Omit "or governing council of the corporation (as the case requires)" wherever 13
occurring in clause 4 (1) (b) and (2) (b). 14
Insert instead "of the corporation". 15
[10] Schedule 4, clause 4 (3) (b) 16
Omit "or the governing council of a network governed health corporation". 17
Insert instead "or a specialty network governed health corporation". 18
[11] Schedule 4, clauses 4 (3) (b) (i), (4A) and (4B) and 16 (1) 19
Omit "or governing council" wherever occurring. 20
[12] Schedule 4, clause 4 (4A) and (4B) 21
Insert "specialty" before "network governance" wherever occurring. 22
[13] Schedule 4, clause 10 (1) (e) 23
Insert "subject to the regulations," before "a reference" where firstly 24
occurring. 25
[14] Dictionary 26
Insert ", and includes any agreement that replaces or supersedes that 27
Agreement" after "in force from time to time" in the definition of NHHN 28
Agreement in Part 1. 29
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Schedule 2 Consequential amendment of other Acts and statutory rules
Schedule 2 Consequential amendment of other Acts 1
and statutory rules 2
2.1 Adoption Act 2000 No 75 3
[1] Dictionary 4
Omit "network" and "the service" from paragraph (b) of the definition of 5
designated person. 6
Insert instead "district" and "the district", respectively. 7
[2] Dictionary, definition of "hospital" 8
Omit "network" from paragraph (a) of the definition. Insert instead "district". 9
2.2 Carers (Recognition) Act 2010 No 20 10
Section 4 Definitions 11
Omit "network" from paragraph (b) of the definition of public sector agency. 12
Insert instead "district". 13
2.3 Centenary Institute of Cancer Medicine and Cell Biology Act 14
1985 No 192 15
Section 7 Constitution of the Board 16
Omit "Central Sydney Area Health Service" from section 7 (3) (c). 17
Insert instead "Sydney Local Health District". 18
2.4 Child Protection (Offenders Registration) Act 2000 No 42 19
Schedule 1 Scheduled agencies 20
Omit "network" from the matter relating to a local health network. 21
Insert instead "district". 22
2.5 Children and Young Persons (Care and Protection) Act 1998 23
No 157 24
Section 30 Director-General's investigations and assessment 25
Omit "network" from the note to the section. Insert instead "district". 26
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Consequential amendment of other Acts and statutory rules Schedule 2
2.6 Children (Criminal Proceedings) Regulation 2005 1
[1] Clause 21 Constitution of Coordination Groups 2
Omit "network" wherever occurring in clause 21 (1) (d). 3
Insert instead "district". 4
[2] Clause 28A Evaluation and monitoring of scheme 5
Omit "network" from paragraph (c) of the definition of participating State 6
agency in clause 28A (2). 7
Insert instead "district". 8
[3] Clause 38 Savings and transitional provisions 9
Insert after clause 38 (2A): 10
(2B) The amendment made to clause 21 (1) by the Health Services 11
Amendment (Local Health Districts and Boards) Act 2011 does 12
not affect the continued validity of any nomination made for a 13
local health network under clause 21 (1) (d) before the 14
commencement of that amendment. 15
2.7 Crimes (Administration of Sentences) Regulation 2008 16
Clause 206 Provision of information relating to offenders 17
Omit "network" from clause 206 (1) (a). Insert instead "district". 18
2.8 Crimes (Forensic Procedures) Regulation 2008 19
Clause 6 Responsible persons 20
Omit "Sydney West Area Health Service". 21
Insert instead "Health Reform Transitional Organisation Western". 22
2.9 Drug Court Regulation 2010 23
[1] Clause 10 Provision of information to Drug Court 24
Omit "Networks" from clause 10 (1) (a). Insert instead "Districts". 25
[2] Clause 10 (1) (b) 26
Omit "Northern Sydney and Central Coast Area Health Service". 27
Insert instead "Health Reform Transitional Organisation Northern". 28
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Schedule 2 Consequential amendment of other Acts and statutory rules
2.10 Gaming Machines Regulation 2010 1
[1] Clause 37 Threshold increase applications--consultation requirements 2
Omit "network" from clause 37 (2) (d). Insert instead "district". 3
[2] Clause 41 Consultation and advertising requirements 4
Omit "network" from clause 41 (2) (b) (ii). Insert instead "district". 5
2.11 Guardianship Act 1987 No 257 6
[1] Section 3 Definitions 7
Omit "network" from paragraph (a) (v) of the definition of exempt premises 8
in section 3 (1). 9
Insert instead "district". 10
[2] Section 45AA Tribunal may approve clinical trials 11
Omit "network" from paragraph (b) (i) of the definition of ethics committee in 12
section 45AA (5). 13
Insert instead "district". 14
2.12 Health Administration Act 1982 No 135 15
[1] Section 4 Definitions 16
Omit the definition of local health network from section 4 (1). 17
Insert instead: 18
local health district means a local health district constituted 19
under the Health Services Act 1997. 20
[2] Section 20L Definitions 21
Omit "network" from paragraph (a) of the definition of relevant health 22
services organisation. 23
Insert instead "district". 24
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Health Services Amendment (Local Health Districts and Boards) Bill 2011
Consequential amendment of other Acts and statutory rules Schedule 2
2.13 Health Practitioner Regulation (Adoption of National Law) 1
Act 2009 No 86 2
Schedule 1 Modification of Health Practitioner Regulation National Law 3
Omit "network" wherever occurring in clauses 6 (2) (i), 7 (2) (a), 8 (2) (a) and 4
9 (2) (a) of Schedule 5C of the modifications to the Health Practitioner 5
Regulation National Law set out in Schedule 1 [25]. 6
Insert instead "district". 7
2.14 Health Records and Information Privacy Regulation 2006 8
Clause 5 Certain public sector agencies to be treated as a single agency 9
Omit "networks" from clause 5 (c). Insert instead "districts". 10
2.15 Health Services Regulation 2008 11
[1] Clause 12 Local health district descriptions 12
Omit "Network" wherever occurring. Insert instead "District". 13
[2] Schedule 1, heading 14
Omit "network governing councils". Insert instead "district boards". 15
[3] Schedule 1 16
Omit "network" and "network's" wherever occurring (except as otherwise 17
amended by this Subschedule). 18
Insert instead "district" and "district's", respectively. 19
[4] Schedule 1, clause 1 20
Omit the definition of Governing Council. 21
Insert in alphabetical order: 22
Board means the local health district board for a local health 23
district. 24
[5] Schedule 1 25
Omit "Governing Council", "Governing Council's" and "the Council" 26
wherever occurring (except as otherwise amended by this Subschedule). 27
Insert instead "Board", "Board's" and "the Board", respectively. 28
Page 19
Health Services Amendment (Local Health Districts and Boards) Bill 2011
Schedule 2 Consequential amendment of other Acts and statutory rules
2.16 Independent Commission Against Corruption Regulation 1
2010 2
Clause 19 Principal officers of public authorities 3
Omit "network" wherever occurring in clause 19 (1) (b). 4
Insert instead "district". 5
2.17 Land Acquisition (Charitable Institutions) Act 1946 No 55 6
Section 2 Definitions 7
Omit "network" from paragraph (b) of the definition of Institution in 8
section 2 (1). 9
Insert instead "district". 10
2.18 Local Government Act 1993 No 30 11
Section 556 What land is exempt from all rates, other than water supply 12
special rates and sewerage special rates? 13
Omit "network" from section 556 (1) (k). Insert instead "district". 14
2.19 Marine Safety Act 1998 No 121 15
Schedule 1 Alcohol and drug use--random breath testing and related 16
matters 17
Omit "network" from paragraph (a) of the definition of hospital in clause 1 (1). 18
Insert instead "district". 19
2.20 Mental Health Act 2007 No 8 20
Section 162A Tribunal may request information or services from other 21
agencies 22
Omit "network" from section 162A (1). Insert instead "district". 23
2.21 Mental Health (Forensic Provisions) Act 1990 No 10 24
Section 76J Exchange of information 25
Omit "network" from paragraph (a) of the definition of associated agency in 26
section 76J (6). 27
Insert instead "district". 28
Page 20
Health Services Amendment (Local Health Districts and Boards) Bill 2011
Consequential amendment of other Acts and statutory rules Schedule 2
2.22 Motor Accidents Act 1988 No 102 1
Section 39A Definitions 2
Omit "network" from paragraph (a) of the definition of public hospital in 3
section 39A (1). 4
Insert instead "district". 5
2.23 Motor Vehicles (Third Party Insurance) Act 1942 No 15 6
Section 24 Interpretation 7
Omit "network" from paragraph (a) of the definition of Public hospital in 8
section 24 (1). 9
Insert instead "district". 10
2.24 Occupational Health and Safety Act 2000 No 40 11
Section 123 Proceedings against successors of government 12
corporations 13
Omit "network" from section 123 (1) (c). Insert instead "district". 14
2.25 Ombudsman Act 1974 No 68 15
Section 25A Definitions 16
Omit "network" from paragraph (b) of the definition of designated 17
government agency in section 25A (1). 18
Insert instead "district". 19
2.26 Passenger Transport (Drug and Alcohol Testing) Regulation 20
2010 21
Clause 3 Definitions 22
Omit "Sydney West Area Health Service" from paragraph (a) of the definition 23
of approved laboratory in clause 3 (1). 24
Insert instead "Health Reform Transitional Organisation Western". 25
Page 21
Health Services Amendment (Local Health Districts and Boards) Bill 2011
Schedule 2 Consequential amendment of other Acts and statutory rules
2.27 Payroll Tax Act 2007 No 21 1
Schedule 2 NSW specific provisions 2
Omit "networks" and "network" wherever occurring in clause 8 (including the 3
heading). 4
Insert instead "districts" and "district", respectively. 5
2.28 Public Authorities (Financial Arrangements) Regulation 6
2005 7
[1] Schedule 1 Definitions of "authority" and "controlled entity" 8
Omit "network" from the matter relating to a local health network in Part 1. 9
Insert instead "district". 10
[2] Schedule 2 Authorities having Part 2 investment powers 11
Omit "Northern Sydney and Central Coast Area Health Service", "Sydney 12
South West Area Health Service" and "Sydney West Area Health Service". 13
Insert in alphabetical order: 14
Central Coast Local Health District 15
Nepean Blue Mountains Local Health District 16
Northern Sydney Local Health District 17
South Western Sydney Local Health District 18
Sydney Local Health District 19
Western Sydney Local Health District 20
2.29 Public Finance and Audit Regulation 2010 21
Schedule 1 Prescribed audits 22
Omit "networks" from item 19B in Part 1. Insert instead "districts". 23
2.30 Public Sector Employment and Management (Goods and 24
Services) Regulation 2010 25
Clause 9 Board may arrange supply or disposal for other public bodies 26
Omit "network" from paragraph (b) of the definition of public body in 27
clause 9 (5). 28
Insert instead "district". 29
Page 22
Health Services Amendment (Local Health Districts and Boards) Bill 2011
Consequential amendment of other Acts and statutory rules Schedule 2
2.31 Rail Safety (Drug and Alcohol Testing) Regulation 2008 1
Clause 3 Definitions 2
Omit "Western Sydney Area Health Service" from paragraph (a) of the 3
definition of approved laboratory in clause 3 (1). 4
Insert instead "Health Reform Transitional Organisation Western". 5
2.32 Road Transport (Safety and Traffic Management) Act 1999 6
No 20 7
Dictionary 8
Omit "network" from paragraph (a) of the definition of hospital in clause 1. 9
Insert instead "district". 10
2.33 Road Transport (Safety and Traffic Management) Regulation 11
1999 12
[1] Clause 129 Analysis of oral fluid, blood and urine samples--prescribed 13
laboratory 14
Omit "Western Sydney Area Health Service". 15
Insert instead "Health Reform Transitional Organisation Western". 16
[2] Schedule 3 Declared organisations 17
Omit "Hunter New England Area Health Service" from Column 1. 18
Insert instead "Hunter New England Local Health District". 19
[3] Schedule 3, Column 1 20
Omit "Western Sydney Area Health Service". 21
Insert instead "Western Sydney Local Health District". 22
2.34 Summary Offences Act 1988 No 25 23
Section 3 Definitions 24
Omit "network" from paragraph (a) of the definition of hospital in 25
section 3 (1). 26
Insert instead "district". 27
Page 23
Health Services Amendment (Local Health Districts and Boards) Bill 2011
Schedule 2 Consequential amendment of other Acts and statutory rules
2.35 Walker Trusts Act 1938 No 31 1
[1] Section 9A Dame Eadith Walker Hospital 2
Omit "Central Sydney Area Health Service" from section 9A (3). 3
Insert instead "Sydney Local Health District". 4
[2] Section 19B Lease or licence of trust land 5
Omit "Central Sydney Area Health Service" wherever occurring in 6
section 19B (1) and (5). 7
Insert instead "Sydney Local Health District". 8
[3] Section 19C Validation 9
Omit "Central Sydney Area Health Service" from section 19C (1). 10
Insert instead "Sydney Local Health District". 11
2.36 Water Management Act 2000 No 92 12
Schedule 4 Land exempt from water supply authority service charges 13
Omit "network" wherever occurring in item (6). Insert instead "district". 14
2.37 Workers Compensation Act 1987 No 70 15
Section 59 Definitions 16
Omit "network" from paragraph (a) of the definition of public hospital. 17
Insert instead "district". 18
Page 24
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