New South Wales Consolidated Acts New South Wales Consolidated Acts(cf AHS Act s 32, PH Act ss 28 and 28A)
(1) Power to make by-laws A statutory health corporation may, with the approval of the relevant authority, make by-laws, not inconsistent with this Act or the regulations, for or with respect to the following:(a) the management of any public hospital, health institution, health service or health support service under its control,(b) the provision of health services to patients of any public hospital or health institution under its control and to other persons,(c) the appointment, control and governance of visiting practitioners in connection with public hospitals, health institutions and health services under its control, including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service,(e) the custody and use of the seal of the statutory health corporation,(f) the keeping of records concerning its acts and decisions,(g) in the case of a board governed health corporation:(i) the keeping of records concerning the acts and decisions of the board, and(ii) the procedure for the calling of meetings of the board and for the conduct of business at those meetings,(h) the appointment and functions of its councils and committees.
(2) Publication of model by-laws The relevant authority may publish an order in the Gazette setting out the terms of model by-laws.
(3) Precondition for making of by-laws A by-law may not be made by a statutory health corporation for or with respect to any matter referred to in subsection (1) (c) unless:(a) it is in substance the same as a model by-law under an order for the time being in force under subsection (2) and the relevant authority has received advice from the Medical Services Committee in relation to the substance of the model by-law, or(b) the relevant authority has received advice from the Medical Services Committee in relation to the substance of the by-law proposed to be made by the statutory health corporation.
(4) Exception to precondition Subsection (3) does not apply to a by-law if the Medical Services Committee does not furnish advice to the relevant authority in relation to the relevant model by-law or the by-law:(a) within 30 days after a notice from the relevant authority requesting such advice has been served on the Committee, or(b) within such further period as the relevant authority may specify in the notice or in another notice served on the Committee.
(5) What by-laws may provide for A provision of a by-law may do any one or any combination of the following:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind,(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.
(6) Judicial notice Judicial notice is to be taken of a by-law authenticated by the seal of the statutory health corporation concerned or in accordance with section 135. It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of the by-law have been complied with and performed.
(7) In this section, "relevant authority" means:(a) in relation to a board governed health corporation, the Minister, and(b) in relation to a chief executive governed health corporation, the Director-General.