HEALTH SERVICES ACT 1997 - SECT 63 Affiliated health organisations may make by-laws

HEALTH SERVICES ACT 1997 - SECT 63

63 Affiliated health organisations may make by-laws

(cf PH Act s 29AE)

(1) Power to make by-laws An affiliated health organisation may, with the approval of the Minister, make by-laws, not inconsistent with this Act or the regulations, for or with respect to the following--

(a) the management of any of its recognised establishments and recognised services,

(b) the provision of health services to patients of any hospitals or health institutions that are its recognised establishments,

(c) the provision to other persons of health services that are its recognised services,

(d) the appointment, control and governance of visiting practitioners in connection with hospitals, health institutions and health services that are its recognised establishments or recognised services (including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service),

(e) the appointment, control and governance of persons employed by it in respect of its recognised establishments and recognised services and any other matter or thing necessary or convenient to ensure the maintenance of discipline and efficiency in the service of the affiliated health organisation of any such employees or group or class of employees,

(f) the keeping of records concerning the acts, decisions and proceedings of its governing body in respect of its recognised establishments and recognised services,

(g) the procedure for the calling of meetings of its governing body and for the conduct of business at those meetings in respect of its recognised establishments and recognised services,

(h) the appointment and functions of committees of the governing body in respect of its recognised establishments and recognised services.

(1A) Subsection (1)(e) does not apply in relation to a declared affiliated health organisation.

(2) Publication of model by-laws The Minister 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 an affiliated health organisation for or with respect to any matter referred to in subsection (1)(d) 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 Minister has received advice from the Medical Services Committee in relation to the substance of the model by-law, or

(b) the Minister has received advice from the Medical Services Committee in relation to the substance of the by-law proposed to be made by the affiliated health organisation.

(4) Exception to precondition Subsection (3) does not apply to a by-law if the Medical Services Committee does not furnish advice to the Minister in relation to the relevant model by-law or the by-law--

(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.

(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 affiliated health organisation 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.