New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this ActHealth Legislation Amendment Act 2010 (but only to the extent that it amends this Act)any other Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(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.
In
this Part--
"establishment" has the same meaning that it had in the former Act.
"former Act" means the Private Hospitals and Day Procedure Centres Act 1988 .
"new Committee" means the Private Health Facilities Advisory Committee as
established by this Act.
"old Committee" means the Private Hospitals and Day Procedure Centres
Advisory Committee as established by the former Act.
"sub-committee" means a sub-committee established by the old Committee.
(1) The old Committee is abolished.
(2) Each sub-committee is abolished.
(1) A person who, immediately before the repeal of section 4 of the former Act, held office as a member of the old Committee--(a) ceases to hold office on that day, and(b) is eligible (if otherwise qualified) to hold office as a member of the new Committee.
(2) A person who, immediately before the repeal of section 4 of the former Act, held office as a member of a sub-committee ceases to hold office on that day.
(3) A person who ceases to hold office as a member of the old Committee or a sub-committee because of the operation of this Act is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.
(1) The purpose of this clause is to exclude the payment of compensation for any deregulation of the private hospital industry by or on behalf of the Crown.
(2) Compensation for deregulation is--(a) compensation because of the enactment or operation of this Act, including the repeal of provisions of the former Act, or for any consequence of that enactment or operation, or(b) compensation because of the removal of the bed cap under section 9 (3) (d) of the former Act or for any consequence of that removal, or(c) compensation because of any statement or conduct relating to a matter referred to in paragraph (a) or (b) or to the deregulation of the private hospital industry in connection with any such matter.
(3) Compensation for deregulation is not payable by or on behalf of the Crown.
(4) This clause applies to or in respect of any event, act, omission, statement or conduct whether occurring before or after the commencement of this clause.
(5) In this clause--
"compensation" includes damages or any other form of monetary compensation.
"conduct" includes a representation of any kind--(a) whether made verbally or in writing, and(b) whether negligent, false, misleading or otherwise.
"the Crown" means the Crown within the meaning of the Crown Proceedings Act 1988 , and includes an officer, employee or agent of the Crown.
(1) A licence for an establishment that was in force under the former Act immediately before the commencement of section 9 of this Act is taken to have been issued under that section.
(2) Any such licence is taken to be subject to the conditions specified in the licence immediately before the commencement of section 9.
(3) Nothing in subclause (2) affects the operation of section 17 of this Act.
(1) An application for a licence for an establishment made under the former Act that has not been determined before the repeal of section 9 of the former Act is taken to be an application for a licence under section 6 of this Act.
(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 the design and construction of any building to be constructed, altered or extended for the purposes of a proposed establishment, that accompany an application for a licence for that establishment, the Secretary--(a) may not, under section 6 of this Act, impose a condition relating to the construction or design of the building on an approval of the application in principle, and(b) may, without limiting the operation of Division 2 of Part 2 of this Act, 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.
(3) An approval of an application for a licence in principle given under section 9 of the former Act is taken to be an approval in principle under this Act and is subject to the conditions to which the approval was subject immediately before the repeal of that section.
(4) A notice given under section 9 (4) of the former Act is taken to be a notice given under section 7 (5) of this Act.
An application to transfer a licence for an establishment made under section 18 of the former Act that has not been determined before the repeal of that section is taken to have been made under this Act and is to be dealt with in accordance with the provisions of this Act.
An application to alter or extend an establishment under section 19 of the former Act that has not been determined before the repeal of that section is taken to have been made under this Act and is to be dealt with in accordance with the provisions of this Act.
(1) A notice given to a licensee of an establishment under section 20 of the former Act and in force immediately before the repeal of that section is taken to have been given under section 52 of this Act and is to have effect according to its tenor.
(2) If notice was given to a licensee of an establishment under section 20 of the former Act less than 14 days before the repeal of that section--(a) the licensee has a right under section 24 of this Act to apply to the Minister for a review of the decision of the Secretary to issue the notice as if the decision to issue the notice were a decision of the Secretary within the meaning of section 22 of this Act, and(b) the notice does 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 24 of this Act 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 an establishment under section 21 of the former Act that has not been determined before the repeal of that section is taken to be a request that the Secretary amend the licence under section 17 of this Act.
A request for review of a decision of the Secretary relating to an establishment that was made under section 28 of the former Act and that has not been determined by the Minister immediately before the repeal of that section is taken to be an application for review made under section 24 of this Act and is to be dealt with in accordance with the provisions of this Act.
The person holding office as the Chairperson of Committees of Review immediately before the repeal of section 27 of the former Act is taken to have been appointed, for the same term, as the Chairperson of Committees of Review under section 23 of this Act and Schedule 1 to this Act has effect with respect to that appointment.
If, immediately before the repeal of section 30 of the former Act, an investigation relating to the cancellation of a licence for an establishment is being conducted--
(a) any Committee of Review established in relation to the investigation is taken to have been established under this Act, and
(b) the investigation may continue and is taken to be an investigation under Division 5 of Part 2 of this Act.
A cancellation of a licence for an establishment under Division 6 of Part 3 of the former Act that has not taken effect immediately before the repeal of that Division is taken to be a cancellation of a licence under Division 6 of Part 2 of this Act and any notice of the cancellation given under section 34 of the former Act is taken to be a notice given under section 31 of this Act.
Any appeal against a decision of the Secretary to cancel the licence for an establishment pending under section 35 of the former Act immediately before the repeal of that section is taken to be pending under section 32 of this Act, and may be heard and determined accordingly.
A register of patients kept at an establishment pursuant to section 44 of the former Act immediately before the repeal of that section is taken to be kept pursuant to section 38 of this Act.
(1) Any person who, immediately before the repeal of section 47 of the former Act, is authorised under that section to enter premises is taken to be an authorised officer under this Act.
(2) A certificate of authority provided by the Secretary under section 47 of the former Act to such a person and in force immediately before the repeal of that section is taken to be an identification card provided under section 50 of this Act.
(3) Nothing in this clause prevents the Secretary revoking the appointment of any person as an authorised officer.
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 17 of Schedule 4 to the former Act) to be construed as a reference to, the Private Hospitals and Day Procedure Centres Act 1988 is, in so far as the reference relates to private health facilities, to be read as a reference to this Act.
A reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to a private hospital or a day procedure centre within the meaning of the former Act is, after the repeal of that Act, taken to be a reference to a private health facility.
In this Part--
"amending Act" means the Health Legislation Amendment Act 2010 .
Section 42 (1A), as inserted by the amending Act, does not extend to an incident that was reported to the licensee of a private health facility before the commencement of that subsection.
Section 44 (3) (c), as substituted by the amending Act, extends to an investigation commenced before that substitution.
Section 46 (1), as substituted by the amending Act, extends to--
(a) a document that was prepared or a communication that was made before that substitution, and
(b) proceedings that are pending on that substitution.
Section 47, as substituted by the amending Act, extends to--
(a) a notification that was given or a report that was prepared before that substitution, and
(b) proceedings that are pending on that substitution.
In this Part--
"amending Act" means the Health Legislation Amendment Act (No 3) 2018 .
"RCA team" means a root cause analysis team.
Part 4 of this Act, as substituted by the amending Act, extends to an incident that occurred before the commencement of that Part.
Despite clause 27, Part 4 of this Act, as substituted by the amending Act, does not extend to an incident if an RCA team has been appointed in relation to the incident before the commencement of that Part and, in such a case, Part 4, as in force immediately before its substitution by the amending Act, continues to apply to and in respect of the RCA team.
Section 49D extends to a person who was a member of an RCA team before the commencement of that section in the same way as it applies to an incident reviewer but only in respect of information that the person was not able to make a record of, or divulge or communicate to any person under section 45 immediately before the substitution of that section.
Section 49E extends to--
(a) a document that was prepared, or a communication that was made, before the commencement of that section for the dominant purpose of the conduct of an investigation by an RCA team, and
(b) proceedings that are pending on that commencement.
Section 49F extends to--
(a) a notification that was given, or a report that was prepared, before the commencement of that section by an RCA team, and
(b) proceedings that are pending on that commencement.
Section 49G extends to a person who was a member of an RCA team before the commencement of that section, or to a person acting under the direction of any such person, in the same way as that section applies to an incident reviewer or any person acting under the direction of an incident reviewer.