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HEALTH SERVICES ACT 1997
- As at 1 July 2024
- Act 154 of 1997
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
Note
1. Name of Act
2. Commencement
3. Definitions
4. Objects of Act
5. Notes
CHAPTER 2 - STRUCTURE OF THE PUBLIC HEALTH SYSTEM
6. What is the public health system?
7. What is a public health organisation?
8. What is a local health district?
9. Primary purposes of local health districts
10. Functions of local health districts
11. What is a statutory health corporation?
12. Functions of statutory health corporations
13. What is an affiliated health organisation?
14. Functions of affiliated health organisations
15. What is a public hospital?
16. (Repealed)
CHAPTER 3 - LOCAL HEALTH DISTRICTS
PART 1 - CONSTITUTION OF LOCAL HEALTH DISTRICTS
17. Constitution of local health districts
18. Areas in respect of which local health districts constituted
19. Amendment of Schedule 1 (Names and areas of local health districts)
20. Dissolution, amalgamation or change of name of local health districts
21. Consequential and transitional provisions on the making of orders
22. Provisions relating to the corporate nature of local health districts
PART 2 - CONTROL AND MANAGEMENT OF LOCAL HEALTH DISTRICTS
Division 1 - The chief executive
23. Appointment of chief executive
24. Chief executive to manage and control affairs of local health district
25. Functions of chief executive generally
Division 2 - Local health district boards
26. Constitution of local health district boards
27. (Repealed)
28. Functions of local health district boards
29. Removal of members of local health district board and appointment of administrator
29A. (Repealed)
Division 3 - Other committees and councils
29B. Other committees and councils
PART 3 - FUNCTIONS OF LOCAL HEALTH DISTRICTS
30. Combined management or assistance in management of public hospitals, health institutions, health services or health support services
31. Opening and closing of hospitals, health institutions, health services or health support services
32. Determination of role, functions and activities of local health districts
33. (Repealed)
34. Powers in relation to property
35. Application of Public Works Act 1912
36. Power to accept property by gifts, devises and bequests
37. Contracts of local health district
38. Investments
39. Local health district by-laws
40. Delegations by local health district
CHAPTER 4 - STATUTORY HEALTH CORPORATIONS
PART 1 - CONSTITUTION OF STATUTORY HEALTH CORPORATIONS
41. Constitution of statutory health corporations
42. Amendment of Schedule 2 (Statutory health corporations)
43. Dissolution, transfer, amalgamation or change of name or nature of governance of statutory health corporations
44. Consequential and transitional provisions on the making of orders
45. Provisions relating to the corporate nature of statutory health corporations
PART 2 - CONTROL AND MANAGEMENT OF STATUTORY HEALTH CORPORATIONS
Division 1 - Board governed health corporations
46. Constitution of health corporation boards
47. Health corporation board to control affairs of board governed health corporation
48. Health corporation board subject to control and direction of Minister
49. Membership of health corporation board
50. Provisions relating to members and procedure of boards
51. Appointment of chief executive of board governed health corporation
52. Removal of members and appointment of administrator
Division 2 - Chief executive governed health corporations
52A. Appointment of chief executive of chief executive governed health corporation
52B. Chief executive to manage and control affairs of chief executive governed health corporation
52C. Functions of chief executive generally
52D. Advisory councils
52E. Other committees and councils
Division 3 - Specialty network governed health corporations
52F. Boards of specialty network governed health corporations
52G. Appointment of chief executive of specialty network governed health corporations
PART 3 - FUNCTIONS OF STATUTORY HEALTH CORPORATIONS
53A. Combined management or assistance in management of public hospitals, health institutions, health services or health support services
53. Determination of functions of statutory health corporations
54. Other committees and councils
55. Powers in relation to property
56. Application of Public Works Act 1912
57. Power to accept property by gifts, devises and bequests
58. Contracts of statutory health corporations
59. Investments
60. Statutory health corporation by-laws
61. Delegations by statutory health corporations
CHAPTER 5 - AFFILIATED HEALTH ORGANISATIONS
62. Recognition of affiliated health organisations
62A. Declared affiliated health organisations
62B. Recognition of networked affiliated health organisations
63. Affiliated health organisations may make by-laws
63A. Criminal and disciplinary matters concerning employees of non-declared affiliated health organisations
64. Transfer of recognised establishments and recognised services of affiliated health organisations
64A. Regulations relating to movement of staff between NSW Health Service and non-declared affiliated health organisations
65. Minister may determine role, functions and activities of affiliated health organisations
66. Appointment of chief executives of public hospitals and health services of affiliated health organisations
67. Liability of affiliated health organisations in relation to recognised establishments and recognised services
CHAPTER 5A - AMBULANCE SERVICES
PART 1 - PRELIMINARY
67AA. Definitions
PART 2 - PROVISION OF AMBULANCE SERVICES
67AB. Appointed body
67A. Ambulance Service of NSW
67B. Provision etc of ambulance services
67C. Ambulance Service Advisory Board
67D. (Repealed)
67E. Unauthorised provision of ambulance transport
67F. Unauthorised collections
67G. False calls for provision of ambulance services
67H. Honorary ambulance officers
67I. Exculpation from personal liability
67J. (Repealed)
PART 3 - FEES FOR AMBULANCE SERVICES
67K. Health Secretary may charge fee for ambulance services
67L. Scale of fees
67M. Who is liable for payment of ambulance fee
67N. Exemptions
67O. Payment rules
PART 4 - HOW AMBULANCE FEES ARE CHARGED
67P. How fee is charged--fee invoices
67Q. Debt notice may be issued if fee not paid
67R. Required information about fee reviews
67S. Due date for payment of ambulance fee
67T. Change of payment arrangements
PART 5 - RECOVERY OF AMBULANCE FEES
67U. Ambulance fee is debt payable to Health Secretary
67V. (Repealed)
67W. Information to be provided if debt is referred to Chief Commissioner
67X. Suspension of debt recovery action
PART 6 - FEE REVIEWS
67Y. Application for review of ambulance fee
67Z. Review by Health Secretary
67ZA. Extension of time to pay--on-time review application
67ZB. Request for additional information
67ZC. Actions to be taken after review
67ZD. Notice of outcome of application
PART 6A - (Repealed)
None
PART 7 - MISCELLANEOUS
67ZE. Unpaid fees may be written off
67ZF. Service of notices
67ZG. Form of notices given to Chief Commissioner
CHAPTER 6 - MEDICARE PRINCIPLES AND COMMITMENTS
Note
68. Medicare Principles and Commitments
CHAPTER 7 - CHARGES FOR HEALTH SERVICES
Note
69. Scale of fees
70. Liability of persons for health service fees
71. Care and treatment to be provided to persons without means
72. Cost of relief granted to injured persons to be a charge on damages
73. Order not to be made in certain circumstances
74. Fees for medical attendance
75. Hospital and other health services provided by Crown
CHAPTER 8 - VISITING PRACTITIONERS
Note
PART 1 - CLASSIFICATION OF VISITING PRACTITIONERS
76. Who is a visiting practitioner?
77. What are the kinds of visiting practitioners?
78. Who is a visiting medical officer?
79. Who is an honorary medical officer?
PART 2 - SERVICE CONTRACTS
Division 1 - Classification of service contracts
80. What is a service contract?
81. What are the kinds of service contracts?
82. What is a fee-for-service contract?
83. What is a sessional contract?
84. What is an honorary contract?
Division 2 - Entry into service contracts
85. When can medical practitioners elect to provide their services through their practice companies?
86. Service contracts to be in writing
87. Minister may approve of standard conditions for service contracts
88. Standard service contracts to be used
Division 3 - Arbitrations concerning certain service contracts in the public health system generally
89. Application for appointment of arbitrator
90. Appointment of arbitrator by relevant Minister
91. Nature of determination
92. Manner of exercise of arbitrator's functions
93. Rights of appearance, administration of oaths, legal representation
94. Conduct of proceedings and protection of arbitrator
95. Notification of determination and finality of determination
96. Appeal to Full Bench of the Industrial Relations Commission
97. Interpretation of determination
98. Determination contractually binding
PART 3 - CRIMINAL AND DISCIPLINARY MATTERS CONCERNING VISITING PRACTITIONERS
99. Duty to report certain criminal and disciplinary matters
99A. Duty of chief executive to report certain conduct of visiting practitioner
100. Termination of appointments in certain cases of serious sex or violence offences
101. Protection of patients, clients and children to be paramount consideration
102. No compensation for termination of appointment
103. Appeal rights
104. Effect of Part on other rights
PART 4 - APPEALS CONCERNING APPOINTMENT DECISIONS
105. Public health organisation to notify visiting practitioners of certain decisions
106. Right of appeal to Minister
107. Notice of appeal to Minister
108. Constitution of Committee of Review
109. Date and place of hearing
110. Right of appearance
111. Powers of and procedure before a Committee
112. Determination of appeal
113. Effect and implementation of order
PART 5 - EFFECT OF ACT ON AGREEMENTS WITH VISITING PRACTITIONERS
114. Application of Act to agreements with visiting practitioners
CHAPTER 9 - THE NSW HEALTH SERVICE
PART 1 - EMPLOYMENT OF STAFF IN THE NSW HEALTH SERVICE
115. The NSW Health Service
116. Employment of staff generally
116A. Salary, conditions etc of staff employed in the NSW Health Service (other than senior executives)
116B. Special provisions relating to staff employed in connection with declared affiliated health organisations
116C. Transfer of staff within the NSW Health Service on ground of redundancy
116D. Health Secretary may arrange for use of services or facilities outside of NSW Health Service
116E. Obligations of declared affiliated health organisations under certain legislation
116F. Operation of privacy legislation
116G. Miscellaneous provisions relating to civil liability
116H. Role of Health Secretary in industrial proceedings
PART 2 - CRIMINAL AND DISCIPLINARY MATTERS CONCERNING STAFF OF NSW HEALTH SERVICE
117AA. Definitions
117. Duty to report certain criminal conduct and disciplinary matters
117A. Duty of chief executive to report certain conduct
118. Disciplinary action in certain cases of serious sex or violence offences
119. Protection of patients, clients and children to be paramount consideration
120. No compensation for termination of employment
120A. Suspension of members of staff from duty pending decision in relation to misconduct or serious criminal charge
121. Effect of Part
PART 3 - NSW HEALTH SERVICE SENIOR EXECUTIVES
121A. NSW Health Service senior executives
121B. Employer of senior executives
121C. Kinds of employment
121D. Employment in bands and assignment to roles
121E. Government sector employment rules and employment directions and conditions
121F. Contract of employment
121G. Remuneration, benefits and allowances
121H. Termination of employment
121I. Acting in executive roles
121J. Industrial or legal proceedings excluded
121K. Delegation of employer functions
121L-121T.
CHAPTER 10 - ADMINISTRATION OF THE PUBLIC HEALTH SYSTEM
Note
PART 1 - ADMINISTRATION
122. Functions of the Health Secretary
123. Inquiries by Health Secretary
124. Authorised officers
125. Powers of entry and inspection
126. Health Secretary may enter into performance agreement with a public health organisation
126AA. Provision or disclosure of information
PART 1A - PROVISION OF SERVICES
126A. (Repealed)
126B. Health Secretary to provide certain services
126C. Appointed bodies
126D-126F. (Repealed)
126G. Directions by Minister in relation to acquisition of services
126H. Consent of affiliated health organisations required for certain orders
PART 2 - FINANCE
126I. Health funding arrangements under the National Health Reform Agreement
127. Determination of subsidies
127A. Deferral of payment of subsidy
127B. Loans to public health organisations
128. Agreement by affiliated health organisation to repay sums
129. Funding of recognised establishments and recognised services of affiliated health organisations
130. Performance agreements between local health districts and affiliated health organisations they subsidise
PART 3 - TRANSFER OF HOSPITALS, HEALTH INSTITUTIONS, SERVICES AND PROPERTY
131. Transfer of hospitals, health institutions, services and property between statutory health organisations
132. Consequential and transitional provisions on the making of orders
CHAPTER 11 - MISCELLANEOUS
Note
133. Establishment of Samaritan Funds
133A. Nature of staffing arrangements
133B. Personal liability of members of boards of statutory health organisations
133C. Sharing or exchange of information about health practitioner appointments
133D. Consolidation of annual reporting information for NSW Health entities
134. Obstructing or hindering Minister, Health Secretary, authorised officer or other public official
135. Authentication of certain documents
136. Proof of certain matters not required
137. Proceedings for offences
138. (Repealed)
139. Liability of persons conducting performance reviews etc
139A. Liability of certain persons assisting in the exercise of functions under Guardianship Act 1987 and Children and Young Persons (Care and Protection) Act 1998
140. Regulations
141. Savings and transitional provisions
142. Review of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 4A
SCHEDULE 5
SCHEDULE 6
SCHEDULE 6A
SCHEDULE 7
SCHEDULE 8
Schedule 9 (Repealed)
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