New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(Section 53)
In this Schedule, "former Act" means the Private Health Establishments Act 1982 .
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActMiscellaneous Acts (Private Health Establishments) Amendment Act 1988
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) If this Act (or any of the provisions of this Act) commences before the repeal of the Private Health Establishments Act 1982 , the regulations may provide that the Private Health Establishments Act 1982 (or any specified provision of that Act) is not to apply to nursing homes within the meaning of that Act.
(1) A licence for a nursing home that was in force under the former Act immediately before the commencement of section 8 shall be taken to have been issued under that section.
(2) A temporary licence for a nursing home that was in force under the former Act immediately before the commencement of section 9 shall be taken to have been issued under that section.
(3) Such a licence or temporary licence shall be taken to be subject to the conditions specified in the licence immediately before the commencement of section 8 or section 9 (as the case may require).
(4) Nothing in subclause (3) affects the operation of section 18 (amendment of licences).
(1) An application for a licence for a nursing home made under the former Act that has not been determined before the repeal of section 10 of the former Act shall be taken to be an application for a licence under section 5.
(2) If the Secretary has, under section 9 of the former Act, approved (whether or not subject to conditions) the plans and specifications relating to any building to be constructed, altered or extended that accompany an application for a licence for a nursing home, the Secretary:(a) may not, under section 6, impose a condition relating to the design or construction of the building on an approval of the application in principle, and(b) may, without limiting the operation of Division 2 of Part 2, refuse an application if the building is not constructed, altered or extended in accordance with those plans and specifications or if a condition to which the approval of the plans and specifications was subject has not been complied with.
An application to transfer a licence for a nursing home made under section 16 of the former Act that has not been determined before the repeal of that section shall be taken to have been made under this Act and shall be dealt with in accordance with the provisions of this Act.
An application to alter or extend a nursing home under section 17 of the former Act that has not been determined before the repeal of that section shall be taken to have been made under this Act and shall be dealt with in accordance with the provisions of this Act.
(1) A notice given to a licensee of a nursing home under section 34 of the former Act and in force immediately before the repeal of that section shall be taken to have been given under section 17 and shall have effect according to its tenor.
(2) If notice was given to a licensee of a nursing home under section 34 of the former Act less than 14 days before the repeal of that section:(a) the licensee has a right to apply to the Minister for a review of the decision of the Secretary to issue the notice, and(b) the notice shall not take effect:(i) until the expiration of 14 days after notice has been given to the licensee, or(ii) if the licensee applies for a review of the Secretary’s decision under section 25 before the expiration of the period referred to in subparagraph (i)-until the application for review is dealt with or withdrawn.
An application for amendment of a licence for a nursing home under section 18 of the former Act that has not been determined before the repeal of that section shall be taken to have been made under this Act and shall be dealt with in accordance with the provisions of this Act.
A request for review of a decision of the Secretary relating to a nursing home that was made under section 19 of the former Act and that has not been determined by the Minister immediately before the repeal of that section shall be taken to be an application for review made under this Act and shall be dealt with in accordance with the provisions of this Act.
Where, immediately before the repeal of section 21 (3) of the former Act, an inquiry relating to the cancellation of a licence for a nursing home is being made (or continued by the former Act) under that subsection, the inquiry may continue as if it were being made under section 31.
A cancellation of a licence for a nursing home under section 21 (2) of the former Act that has not taken effect immediately before the repeal of that subsection shall be taken to be a cancellation of a licence under section 31 (1) and any notice of the cancellation given under section 21 (4) of the former Act shall be taken to be a notice given under section 31 (3).
Any appeal against a decision of the Secretary to cancel the licence for a nursing home pending under section 22 of the former Act immediately before the repeal of that section shall be taken to be pending under section 32, and may be heard and determined accordingly.
A register of patients kept at a nursing home pursuant to section 32 of the former Act immediately before the repeal of that section shall be taken to be a register of residents kept pursuant to section 41.
(1) Any person who, immediately before the repeal of section 42 of the former Act, is authorised under that section to exercise the functions specified in that section (in relation to any licensed nursing home or any premises of a proposed nursing home) shall be taken to be a person authorised under section 44.
(2) A certificate of authority provided by the Secretary under section 42 of the former Act to such a person and in force immediately before the repeal of that section shall be taken to be a certificate of authority provided under section 44.
A reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to, or required (immediately before the repeal of clause 11 of Schedule 3 to the former Act) to be construed as a reference to, the Private Health Establishments Act 1982 shall, in so far as the reference relates to nursing homes, be read as a reference to this Act.