New South Wales Consolidated Acts

HEALTH SERVICES ACT 1997

- As at 1 July 2008
- Act 154 of 1997

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY
           Note

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Objects of Act
   5.      Notes

CHAPTER 2 - STRUCTURE OF THE PUBLIC HEALTH SYSTEM

   6.      What is the public health system?
   7.      What is a public health organisation?
   8.      What is an area health service?
   9.      Primary purposes of area health services
   10.     Functions of area health services
   11.     What is a statutory health corporation?
   12.     Functions of statutory health corporations
   13.     What is an affiliated health organisation?
   14.     Functions of affiliated health organisations
   15.     What is a public hospital?
   16.     (Repealed)

CHAPTER 3 - AREA HEALTH SERVICES

   PART 1 - CONSTITUTION OF AREA HEALTH SERVICES

   17.     Constitution of area health services
   18.     Areas in respect of which area health services constituted
   19.     Amendment of Schedule 1 (Names and areas of area health services)
   20.     Dissolution, amalgamation or change of name of area health services
   21.     Consequential and transitional provisions on the making of orders
   22.     Provisions relating to the corporate nature of area health services

   PART 2 - CONTROL AND MANAGEMENT OF AREA HEALTH SERVICES

           Division 1 - The chief executive

   23.     Appointment of chief executive
   24.     Chief executive to manage and control affairs of area health service
   25.     Functions of chief executive generally

           Division 2 - Area health advisory councils

   26.     Constitution of area health advisory councils
   27.     Role of area health advisory councils
   28.     Functions of area health advisory councils
   29.     Charter for area health advisory councils
   29A.    Annual report

           Division 3 - Other committees and councils

   29B.    Other committees and councils

   PART 3 - FUNCTIONS OF AREA HEALTH SERVICES

   30.     Combined management or assistance in management of public hospitals, health institutions, health services or health support services
   31.     Opening and closing of hospitals, health institutions, health services or health support services
   32.     Determination of role, functions and activities of area health services
   33.     (Repealed)
   34.     Powers in relation to property
   35.     Application of Public Works Act 1912
   36.     Power to accept property by gifts, devises and bequests
   37.     Contracts of area health service
   38.     Investments
   39.     Area health service may make by-laws
   40.     Delegations by area health service

CHAPTER 4 - STATUTORY HEALTH CORPORATIONS

   PART 1 - CONSTITUTION OF STATUTORY HEALTH CORPORATIONS

   41.     Constitution of statutory health corporations
   42.     Amendment of Schedule 2 (Statutory health corporations)
   43.     Dissolution, transfer, amalgamation or change of name or nature of governance of statutory health corporations
   44.     Consequential and transitional provisions on the making of orders
   45.     Provisions relating to the corporate nature of statutory health corporations

   PART 2 - HEALTH CORPORATION BOARDS

           Division 1 - Board governed health corporations

   46.     Constitution of health corporation boards
   47.     Health corporation board to control affairs of board governed health corporation
   48.     Health corporation board subject to control and direction of Minister
   49.     Membership of health corporation board
   50.     Provisions relating to members and procedure of boards
   51.     Appointment of chief executive
   52.     Removal of members and appointment of administrator

           Division 2 - Chief executive governed health corporations

   52A.    Appointment of chief executive
   52B.    Chief executive to manage and control affairs of chief executive governed health corporation
   52C.    Functions of chief executive generally
   52D.    Advisory councils
   52E.    Other committees and councils

   PART 3 - FUNCTIONS OF STATUTORY HEALTH CORPORATIONS

   53.     Determination of functions of statutory health corporations
   54.     (Repealed)
   55.     Powers in relation to property
   56.     Application of Public Works Act 1912
   57.     Power to accept property by gifts, devises and bequests
   58.     Contracts of statutory health corporations
   59.     Investments
   60.     Statutory health corporation may make by-laws
   61.     Delegations by statutory health corporations

CHAPTER 5 - AFFILIATED HEALTH ORGANISATIONS

   62.     Recognition of affiliated health organisations
   62A.    Declared affiliated health organisations
   63.     Affiliated health organisations may make by-laws
   63A.    Criminal and disciplinary matters concerning employees of non-declared affiliated health organisations
   64.     Transfer of recognised establishments and recognised services of affiliated health organisations
   64A.    Regulations relating to movement of staff between NSW Health Service and non-declared affiliated health organisations
   65.     Minister may determine role, functions and activities of affiliated health organisations
   66.     Appointment of chief executives of public hospitals and health services of affiliated health organisations
   67.     Liability of affiliated health organisations in relation to recognised establishments and recognised services

CHAPTER 5A - AMBULANCE SERVICES

   67AA.   Definition
   67AB.   Appointed body
   67A.    Ambulance Service of NSW
   67B.    Provision etc of ambulance services
   67C.    Ambulance Services Advisory Council
   67D.    Scale of fees
   67E.    Unauthorised provision of ambulance transport
   67F.    Unauthorised collections
   67G.    False calls for provision of ambulance services
   67H.    Honorary ambulance officers
   67I.    Exculpation from personal liability

CHAPTER 6 - MEDICARE PRINCIPLES AND COMMITMENTS
           Note

   68.     Medicare Principles and Commitments

CHAPTER 7 - CHARGES FOR HEALTH SERVICES
           Note

   69.     Scale of fees
   70.     Liability of persons for health service fees
   71.     Care and treatment to be provided to persons without means
   72.     Cost of relief granted to injured persons to be a charge on damages
   73.     Order not to be made in certain circumstances
   74.     Fees for medical attendance
   75.     Hospital and other health services provided by Crown

CHAPTER 8 - VISITING PRACTITIONERS
           Note

   PART 1 - CLASSIFICATION OF VISITING PRACTITIONERS

   76.     Who is a visiting practitioner?
   77.     What are the kinds of visiting practitioners?
   78.     Who is a visiting medical officer?
   79.     Who is an honorary medical officer?

   PART 2 - SERVICE CONTRACTS

           Division 1 - Classification of service contracts

   80.     What is a service contract?
   81.     What are the kinds of service contracts?
   82.     What is a fee-for-service contract?
   83.     What is a sessional contract?
   84.     What is an honorary contract?

           Division 2 - Entry into service contracts

   85.     When can medical practitioners elect to provide their services through their practice companies?
   86.     Service contracts to be in writing
   87.     Minister may approve of standard conditions for service contracts
   88.     Standard service contracts to be used

           Division 3 - Arbitrations concerning certain service contracts in the public health system generally

   89.     Application for appointment of arbitrator
   90.     Appointment of arbitrator by relevant Minister
   91.     Nature of determination
   92.     Manner of exercise of arbitrator’s functions
   93.     Rights of appearance, administration of oaths, legal representation
   94.     Conduct of proceedings and protection of arbitrator
   95.     Notification of determination and finality of determination
   96.     Appeal to Full Bench of the Industrial Relations Commission
   97.     Interpretation of a determination
   98.     Determination contractually binding

   PART 3 - CRIMINAL AND DISCIPLINARY MATTERS CONCERNING VISITING PRACTITIONERS

   99.     Duty to report certain criminal and disciplinary matters
   99A.    Duty of chief executive to report certain conduct of visiting practitioner
   100.    Termination of appointments in certain cases of serious sex or violence offences
   101.    Protection of patients, clients and children to be paramount consideration
   102.    No compensation for termination of appointment
   103.    Appeal rights
   104.    Effect of Part on other rights

   PART 4 - APPEALS CONCERNING APPOINTMENT DECISIONS

   105.    Public health organisation to notify visiting practitioners of certain decisions
   106.    Right of appeal to Minister
   107.    Notice of appeal to Minister
   108.    Constitution of Committee of Review
   109.    Date and place of hearing
   110.    Right of appearance
   111.    Powers of and procedure before a Committee
   112.    Determination of appeal
   113.    Effect and implementation of order

   PART 5 - EFFECT OF ACT ON AGREEMENTS WITH VISITING PRACTITIONERS

   114.    Application of Act to agreements with visiting practitioners

CHAPTER 9 - THE NSW HEALTH SERVICE

   PART 1 - EMPLOYMENT OF STAFF IN THE NSW HEALTH SERVICE

   115.    The NSW Health Service
   116.    Employment of staff generally
   116A.   Salary, conditions etc of staff employed in the NSW Health Service
   116B.   Special provisions relating to staff employed in connection with declared affiliated health organisations
   116C.   Transfer of staff within the NSW Health Service
   116D.   Director-General may arrange for use of services or facilities outside of NSW Health Service
   116E.   Obligations of declared affiliated health organisations under certain legislation
   116F.   Operation of privacy legislation
   116G.   Miscellaneous provisions relating to civil liability

   PART 2 - CRIMINAL AND DISCIPLINARY MATTERS CONCERNING STAFF OF NSW HEALTH SERVICE

   117AA.  Definitions
   117.    Duty to report certain criminal conduct and disciplinary matters
   117A.   Duty of chief executive to report certain conduct
   118.    Disciplinary action in certain cases of serious sex or violence offences
   119.    Protection of patients, clients and children to be paramount consideration
   120.    No compensation for termination of employment
   121.    Effect of Part

   PART 3 - THE HEALTH EXECUTIVE SERVICE

           Division 1 - Preliminary

   121A.   Definitions

           Division 2 - Composition of Health Executive Service

   121B.   Composition of Health Executive Service

           Division 3 - Appointment and employment of health executives

   121C.   Appointment of health executives
   121D.   Term appointments
   121E.   Employment of health executives to be governed by contract of employment
   121F.   Matters regulated by contract of employment
   121G.   Performance reviews
   121H.   Industrial arbitration or legal proceedings excluded

           Division 4 - Remuneration of health executives

   121I.   Definitions
   121J.   Determination of remuneration packages
   121K.   Monetary remuneration and employment benefits for health executives
   121L.   Travelling and subsistence allowances etc

           Division 5 - Removal, retirement etc of health executives

   121M.   Vacation of executive positions
   121N.   Removal of health executives from office
   121O.   Compensation etc where health executive is removed from office

           Division 6 - General

   121P.   Incumbent officers’ accrued leave
   121Q.   Effect on incumbent when position ceases to be executive position
   121R.   Change in title of positions
   121S.   Approval to undertake other paid work
   121T.   Operation of Part

CHAPTER 10 - ADMINISTRATION OF THE PUBLIC HEALTH SYSTEM

   PART 1 - ADMINISTRATION

   122.    Functions of the Director-General
   123.    Inquiries by Director-General
   124.    Authorised officers
   125.    Powers of entry and inspection
   126.    Director-General may enter into performance agreement with a public health organisation

   PART 1A - PROVISION OF HEALTH SUPPORT SERVICES

   126A.   (Repealed)
   126B.   Director-General to provide health support services
   126C.   Appointed bodies
           126D-126F. (Repealed)
   126G.   Directions by Minister in relation to acquisition of health support services
   126H.   Consent of affiliated health organisations required for certain orders

   PART 2 - FINANCE

   127.    Determination of subsidies
   127A.   Deferral of payment of subsidy
   127B.   Loans to public health organisations
   128.    Agreement by affiliated health organisation to repay sums
   129.    Funding of recognised establishments and recognised services of affiliated health organisations
   130.    Performance agreements between area health services and affiliated health organisations they subsidise

   PART 3 - TRANSFER OF HOSPITALS, HEALTH INSTITUTIONS, SERVICES AND PROPERTY

   131.    Transfer of hospitals, health institutions, services and property between area health services and statutory health corporations
   132.    Consequential and transitional provisions on the making of orders

CHAPTER 11 - MISCELLANEOUS
           Note

   133.    Establishment of Samaritan Funds
   133A.   Nature of staffing arrangements
   134.    Obstructing or hindering Minister, Director-General, authorised officer or other public official
   135.    Authentication of certain documents
   136.    Proof of certain matters not required
   137.    Proceedings for offences
   138.    Repeal of the Area Health Services Act 1986 No 50 and the Public Hospitals Act 1929 No 8
   139.    Liability of persons conducting performance reviews etc
   140.    Regulations
   141.    Savings and transitional provisions
   142.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
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