HEALTH SERVICES ACT 1997 - SECT 118
Disciplinary action in certain cases of serious sex or violence offences
HEALTH SERVICES ACT 1997 - SECT 118
Disciplinary action in certain cases of serious sex or violence offences
118 Disciplinary action in certain cases of serious sex or violence offences
(1) The chief executive of a public health organisation is, within 30 days (or
such further period as may be agreed to by the Health Secretary) of becoming
aware that a member of staff has been convicted (whether before or during his
or her employment) of a serious sex or violence offence, to notify the Health
Secretary of the staff member's conviction.
(2) On being notified under
subsection (1), the Health Secretary is to afford the member of staff
concerned a reasonable opportunity to make written submissions concerning any
matter relevant to the conviction that the staff member wishes to have
considered in determining what (if any) disciplinary action should be taken in
relation to the staff member.
(3) The Health Secretary may take such
disciplinary action as the Health Secretary considers appropriate (having
regard to section 119) against a member of staff who has been convicted
(whether before or during his or her employment) of a serious sex or violence
offence.
(3A) The Health Secretary is, in the case of a member of staff who
is a NSW Health Service senior executive, authorised to take any such action
regardless of whether the Health Secretary exercises employer functions in
relation to the executive.
(3B) If, under this section, a member of staff who
is a NSW Health Service senior executive is assigned to or from a division of
the NSW Health Service for which the Health Secretary does not exercise
employer functions in relation to the Health Service senior executives
employed in that division, the Health Secretary is to consult the person or
body that exercises or will exercise employer functions in relation to the
executive.
(3C) A person may not, under this section--
(a) be transferred and
assigned to the role of chief executive of a local health district or
specialty network governed health corporation without the concurrence of the
board of the local health district or specialty network governed health
corporation to which the person is transferred, or
(b) in the case of a
person who is the chief executive of a local health district or specialty
network governed health corporation--be assigned to another role unless the
Health Secretary has consulted the board of the local health district or the
specialty network governed health corporation (as the case requires).
(4)
This section does not apply to a conviction that occurred before a person was
employed if, before that employment, the person notified the Health Secretary
in writing of the fact of the conviction.
(b) imposing conditions in respect of the supervision of, or reporting by, a
member of staff or in respect of the scope of a staff member's duties, or
(c)
transferring a member of staff who is not a NSW Health Service senior
executive to another position in the NSW Health Service or assigning a member
of staff who is a NSW Health Service senior executive to another role in the
NSW Health Service.
