New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 32)
In
this Schedule:
"appointed day" means the day appointed and notified under section 2 (2).
"cognate Acts" means this Act, the Public Service (Department of Health)
Amendment Act 1982 , the Statutory and Other Offices Remuneration (Department
of Health) Amendment Act 1982 and the Miscellaneous Acts (Health
Administration) Amendment Act 1982 .
(1) A person holding office as a member of the Commission immediately before the appointed day shall cease to hold office as such on the appointed day.
(2) A member of the Commission who ceases to hold office as such by reason of the operation of subclause (1) is not entitled to be paid any remuneration or compensation by reason of the member’s ceasing to hold that office, but nothing in this subclause prevents the payment to that person of such compensation (if any) as the Minister determines out of money provided by Parliament.
(3) A member of the Commission who was, immediately before the member’s appointment as a member, an officer of the Public Service and who ceases to hold office as such a member by reason of the operation of subclause (1) is, if the member is under the age of 60 years, entitled to be appointed to some position in the Public Service not lower in classification and salary than that which the member held immediately before the member’s appointment as a member.
(1) The persons who, immediately before the appointed day, were servants of the Commission appointed or employed under section 14A of the Health Commission Act 1972 shall, on that day, become employees of the Corporation, and shall be deemed to have been appointed and employed under section 14 of this Act.
(2) For the purposes of any law, any period of service with the Commission by a person referred to in subclause (1) shall be deemed to be a period of service with the Corporation.
(1) The persons who, immediately before the appointed day, were officers and temporary employees of the Administrative Office attached to the Commission shall, on that day, become officers and temporary employees (respectively) of the Department.
(2) Expressions used in this clause shall, unless the contrary intention appears, have the same meanings respectively as they have in the Public Service Act 1979 .
(1) On and from the appointed day:(a) all real and personal property and all right and interest therein and all management and control thereof that, immediately before that day, was vested in or belonged to the Commission shall vest in and belong to the Corporation,(b) all moneys and liquidated and unliquidated claims that, immediately before that day, were payable to or recoverable by the Commission shall be moneys and liquidated and unliquidated claims payable to or recoverable by the Corporation,(c) all proceedings commenced before that day by the Commission and pending immediately before that day shall be deemed to be proceedings pending on that day by the Corporation and all proceedings so commenced by any person against the Commission and pending immediately before that day shall be deemed to be proceedings pending on that day by that person against the Corporation,(d) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, the Commission and in force immediately before that day shall be deemed to be contracts, agreements, arrangements and undertakings entered into with and securities given to or by the Corporation,(e) the Corporation may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of moneys and claims referred to in this subclause and for the prosecution of actions and proceedings so referred to as the Commission might have done but for the enactment of the cognate Acts,(f) the Corporation may enforce and realise any security or charge existing immediately before that day in favour of the Commission and may exercise any powers thereby conferred on the Commission as if the security or charge were a security or charge in favour of the Corporation,(g) all debts, moneys and claims, liquidated and unliquidated, that, immediately before that day, were due or payable by, or recoverable against, the Commission shall be debts due by, moneys payable by and claims recoverable against, the Corporation, and(h) all liquidated and unliquidated claims for which the Commission would, but for the enactment of the cognate Acts, have been liable shall be liquidated and unliquidated claims for which the Corporation shall be liable.
(2) On and from the appointed day, in any other Act or in any regulation, by-law or other statutory instrument or in any document, whether of the same or of a different kind, a reference, or a reference required immediately before the appointed day, to be read and construed as reference:(a) to the Commission shall, subject to the regulations under clause 13, be read and construed as a reference to the Minister, Department, Director-General, Corporation or Foundation, whichever is appropriate, and(b) to any officer of the Commission shall be read and construed as a reference:(i) if there is an office in the staff establishment of the Department that corresponds to the office held by that officer-to the person holding that office in the establishment of the Department, or(ii) if there is no such corresponding office-to the person holding such office in the staff establishment of the Department as may be directed by the Director-General from time to time by order in writing.
(3) Any act, matter or thing done or omitted to be done before the appointed day by, to or in respect of the Commission or a member, officer or servant of the Commission shall, to the extent that, but for the enactment of the cognate Acts, that act, matter or thing would on or after that day have had any force or effect or been in operation, be deemed to have been done by, to or in respect of the Minister, Department, Director-General, Corporation or Foundation or an officer of the Department or an employee of the Corporation, whichever of them is, on or after that day, appropriate in relation to the doing of or the omission to do that act, matter or thing.
(4) No attornment to the Corporation by a lessee from the Commission shall be required.
For the purposes of section 11, any land that was acquired by the Commission and that becomes land of the Corporation by virtue of this Schedule shall be deemed to have been acquired by the Corporation.
For the purposes of section 18, any property that was held by the Commission immediately before the appointed day by way of gift, devise or bequest, whether pursuant to section 19A of the Health Commission Act 1972 or otherwise, and that becomes property of the Corporation by virtue of this Schedule shall be deemed to have been acquired by the Corporation under section 12 of this Act, and any condition subject to which it was so held by the Commission shall be deemed to be a condition to which the Corporation has agreed.
(1) The repeal of the Health Commission Act 1972 by this Act does not affect any amendments made by that Act, and any such amendment continues to have force and effect as if this Act had not been enacted.
(2) Subclause (1) does not apply to the amendments made by the Health Commission Act 1972 to the Public Health (Amendment) Act 1944 .
The sums authorised by the Appropriation Act 1982 to be appropriated out of the Consolidated Fund and to be issued and applied for or towards expenditure under the heading “Minister for Health” in connection with the Commission shall be deemed to the extent that, at the appointed day, they have not been so issued or applied, to be sums authorised by that Act to be appropriated out of that Fund and to be issued and applied for or towards expenditure in connection with the Department, Director-General, Corporation and Foundation.
(1) The continuity of any body, constituted by or under any Act is not prejudiced or affected by any amendment made by the Miscellaneous Acts (Health Administration) Amendment Act 1982 .
(2) A person who, immediately before the appointed day, held office as a member of a body constituted by or under any Act and who so held that office:(a) in the person’s capacity as, or by virtue of the person’s being, a member, officer or employee of the Commission,(b) by virtue of the person’s being nominated or appointed thereto by the Commission, or(c) by virtue of the person’s being appointed thereto on the nomination of the Commission,shall cease to hold office as such on the appointed day, and the provisions of clause 2 (2) apply to and in relation to such a person in the same way as they apply to and in relation to a person referred to in clause 2 (1).
(3) Notwithstanding subclause (2), if the person holding office as the member of the New South Wales Medical Board referred to in section 5 (3) (a) of the Medical Practitioners Act 1938 immediately before the appointed day is not an officer of the Department on the appointed day, the person shall be deemed:(a) to be, until 4 July 1983 (inclusive), an officer of the Department for the purposes of section 5 (3) (a) of that Act, as amended by the Miscellaneous Acts (Health Administration) Amendment Act 1982 , and(b) to have been appointed to that office on the appointed day by order under that paragraph.
(4) This clause has effect notwithstanding anything in clause 5 (3).
Without affecting the generality of clause 5:
(a) a contribution scheme conducted and operated under the Ambulance Services Act 1976 immediately before the appointed day shall be deemed to have been established under that Act as amended by the Miscellaneous Acts (Health Administration) Amendment Act 1982 , and
(b) any resolution in force under the Ambulance Services Act 1976 in relation to such a scheme immediately before the appointed day shall be deemed to be a determination in force under section 7 of that Act as so amended.
(1) The Governor may make regulations containing other provisions of a savings or transitional nature consequent on the enactment of:the cognate Acts (other than Schedule 3 to this Act)Health Legislation Amendment Act 2009 (but only to the extent that it amends this Act)
(2) A provision made under subclause (1) may take effect as from the appointed day or a later day.
(3) To the extent to which a provision referred to in subclause (1) 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 therein, 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 therein.
(4) A provision made under subclause (1) shall, if the regulations expressly so provide, have effect notwithstanding the clauses of this Schedule (clauses 2, 3 and 4 excepted).
(5) A reference in any provision of this Act (this clause and clause 5 (2) (a) excepted) to regulations does not include a reference to regulations made under this clause.
(1) This clause applies to a person who, immediately before the commencement of this clause, held office as a member of the Medical Services Committee.
(2) The person’s appointment to the office is taken to be for a period of 4 years, starting from the date on which the person was appointed under the instrument, as if the appointment had been made after the commencement.
(3) Despite clause 4 (2) of Schedule 4, if the person has held the office for more than 3 consecutive terms the person may continue to hold the office until the end of the period specified in subclause (2).
(4) Subclauses (2) and (3) do not prevent the member otherwise vacating office under clause 8 of Schedule 4.