HEALTH SERVICES ACT 1997 - SECT 140 Regulations

HEALTH SERVICES ACT 1997 - SECT 140

140 Regulations

(cf AHS Act s 38, PH Act s 42)

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting the generality of subsection (1), the regulations may provide for the following--

(a) accounts to be kept by public health organisations and the auditing of those accounts,

(b) records to be kept by public health organisations or public hospitals,

(c) the furnishing of information and reports to the Minister, Health Secretary or other person by public health organisations,

(d) the furnishing of information to a patient in the care of a public health organisation and the inspection of records by such a patient in connection with the treatment of the patient by the organisation,

(e) the appointment, control and governance of visiting practitioners, including the conditions subject to which they perform work,

(f) in the case of public hospitals controlled by local health districts or statutory health corporations--the admission and discharge of patients and the payment and collection of fees payable by patients for health services,

(g) the authorisation, prohibition and control of fundraising by public appeal or otherwise for the purposes of public hospitals,

(h) the administration and management of any affiliated health organisation in relation to its recognised establishments and recognised services,

(i) the disposal of unclaimed property of patients in the care of a public health organisation,

(j) the control and governance of members of staff of the NSW Health Service and any other matter or thing necessary or convenient to ensure the maintenance of discipline and efficiency of that staff,

(k) the conditions of employment (including salaries and wages) of persons employed by affiliated health organisations (other than declared affiliated health organisations) in respect of their recognised establishments and recognised services,

(l) the management of, and accounting for, any funds (including the amount of any subsidy determined under section 127) paid by or on behalf of the State to a public health organisation to meet the employment-related costs and liabilities in relation to those members of the NSW Health Service who are employed in connection with the organisation,

(m) the recognition of prior government service or public health system service for the purposes of calculating the long service leave entitlements of employees in the public health system,

(n) the updating of any reference in any Act, in any instrument made under any Act or in any document of any kind to any public health organisation (or to any officer, body or function of the organisation) that is (or will become) out of date or otherwise incorrect because of the dissolution, amalgamation, change in governance or renaming of the organisation or the transfer of any of its functions, assets, rights or liabilities,

(o) regulating or prohibiting smoking at any public hospital controlled by the Crown (including the Minister or the Health Administration Corporation), including by designating an area as a smoke-free area for the purposes of section 6A (Smoke-free areas--outdoor public places) of the Smoke-free Environment Act 2000 .

(3) The regulations may make provision for or with respect to any matter for or with respect to which a by-law may be made by a public health organisation.

(4) A provision of a regulation prevails to the extent to which it is inconsistent with a by-law made by a public health organisation.

(5) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.

(6) A regulation made under subsection (2)(e) cannot be made unless the Minister has received advice from the Medical Services Committee in relation to the substance of the regulation.

(7) Subsection (6) does not apply to a regulation if the Medical Services Committee does not furnish advice in relation to the regulation to the Minister--

(a) within 30 days after a notice from the Minister requesting such advice has been served on the Committee, or

(b) within such further period as the Minister may specify in the notice or in another notice served on the Committee.

Note : Section 42 of the Interpretation Act 1987 provides for the general matters for which statutory rules (which include regulations) may make provision.