HEALTH SERVICES ACT 1997 - SECT 116G
Miscellaneous provisions relating to civil liability
HEALTH SERVICES ACT 1997 - SECT 116G
Miscellaneous provisions relating to civil liability
116G Miscellaneous provisions relating to civil liability
(1) A reference in
this section to a public health organisation does not include a reference to
an affiliated health organisation unless it is a declared affiliated health
organisation.
(2) Part 5 of the Workers Compensation Act 1987 applies to
work injury damages recoverable from the Government of New South Wales, and to
work injury damages recoverable from a public health organisation, by or in
respect of a person employed in the NSW Health Service to enable the public
health organisation to exercise its functions. That Part so applies as if the
public health organisation--
(a) were an employer of the person in addition to
the Government, and
(b) were an employer liable to pay compensation under
that Act.
(3) A policy of insurance may be issued to the Government of New
South Wales under the Workers Compensation Act 1987 that is limited to
workers employed in connection with a particular public health organisation.
(4) If--
(a) a person is employed in the NSW Health Service to enable a public
health organisation to exercise its functions, and
(b) the Government of New
South Wales is, as the person's employer, proceeded against for any negligence
or other tort of the person (whether the damages are recoverable in an action
for tort or breach of contract or in any other action), and
(c) the public
health organisation is entitled under a policy of insurance or indemnity to be
indemnified in respect of liability that the organisation may incur in respect
of that negligence or other tort,
the Government is subrogated to the rights
of the public health organisation under that policy in respect of the
liability incurred by the Government arising from that negligence or other
tort.
(a) if a person who is member of the NSW
Health Service is appointed (otherwise than on an acting basis) to another
position in the NSW Health Service in connection with a different public
health organisation or a different division of that Service, the person is
taken to have entered into a new contract of employment in respect of that
other position, and
(b) the cessation of a person's appointment (whether by
way of dismissal, resignation, transfer or otherwise) to a position in the NSW
Health Service is taken to terminate the person's contract of employment in
respect of that position.
(6) However, a person who holds an appointment to a
position that is abolished does not, for the purposes of subsection (5)(b),
cease to be appointed to that position until--
(a) such time as the person is
appointed to another position in the NSW Health Service, or
(b) such time as
the person's employment in the NSW Health Service is terminated,
whichever
occurs first.
(6A) Subsections (5) and (6) do not apply in relation to NSW
Health Service senior executives.
(7) In this section--
"work injury damages" means damages recoverable from a public health
organisation or the Government of New South Wales in respect of injury to or
the death of a person employed in the NSW Health Service to enable the public
health organisation to exercise its functions caused by the negligence or
other tort of the public health organisation or the Government and arising out
of the employment of the person by the Government, whether the damages are
recoverable in an action for tort or breach of contract or in any other
action, but does not include motor accident damages to which Chapter 5 of the
Motor Accidents Compensation Act 1999 or Part 4 of the Motor Accident
Injuries Act 2017 applies.
