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This is a Bill, not an Act. For current law, see the Acts databases.
Cancer Institute (NSW) Amendment
Bill 2012
No , 2012
A Bill for
An Act to amend the Cancer Institute (NSW) Act 2003 to make further provision
regarding the constitution and functions of the Cancer Institute (NSW); and for other
purposes.
Clause 1 Cancer Institute (NSW) Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Cancer Institute (NSW) Amendment Act 2012. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Cancer Institute (NSW) Amendment Bill 2012
Amendment of Cancer Institute (NSW) Act 2003 No 14 Schedule 1
Schedule 1 Amendment of Cancer Institute (NSW) 1
Act 2003 No 14 2
[1] Section 3 Definitions 3
Omit the definition of Chief Cancer Officer from section 3 (1). 4
Insert instead: 5
Chief Cancer Officer means the Chief Cancer Officer appointed 6
under section 10. 7
[2] Section 8 Membership of Board 8
Omit section 8 (1) (a). Insert instead: 9
(a) at least 5, but not more than 11, persons appointed by the 10
Minister, and 11
[3] Section 10 Chief Cancer Officer 12
Omit section 10 (1) and (2). Insert instead: 13
(1) There is to be a Chief Cancer Officer. 14
(2) If the position of Chief Cancer Officer is an executive position 15
within the meaning of Part 3 of Chapter 9 of the Health Services 16
Act 1997, the appointment and employment of the Chief Cancer 17
Officer is subject to that Part. 18
(2A) If the position of Chief Cancer Officer is not an executive 19
position within the meaning of Part 3 of Chapter 9 of the Health 20
Services Act 1997: 21
(a) the Chief Cancer Officer is to be appointed by the 22
Minister, and 23
(b) the Chief Cancer Officer is, while holding that office, to be 24
employed under Part 1 of Chapter 9 of the Health Services 25
Act 1997 in the NSW Health Service. 26
[4] Section 10 (5), (7) and (8) 27
Omit the subsections. 28
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Cancer Institute (NSW) Amendment Bill 2012
Schedule 1 Amendment of Cancer Institute (NSW) Act 2003 No 14
[5] Section 11 1
Insert after section 10: 2
11 Removal of members and appointment of administrator 3
(1) The Governor may at any time, for any reason or no reason and 4
without notice, by order published in the Gazette: 5
(a) remove any member (including the Chief Cancer Officer) 6
or all members of the Board from office, or 7
(b) remove all members of the Board from office and appoint, 8
as administrator of the Cancer Institute, a person specified 9
in the order for such period as may be specified in the 10
order, or 11
(c) remove all members of the Board (other than the Chief 12
Cancer Officer) from office and appoint, as administrator 13
of the Cancer Institute, the Chief Cancer Officer for such 14
period as may be specified in the order. 15
(2) The Chief Cancer Officer ceases to hold office as Chief Cancer 16
Officer if removed from office as a member of the Board. 17
(3) An administrator of the Cancer Institute has and may exercise, 18
subject to any conditions that may be specified in the order by 19
which the administrator was appointed, all the functions of the 20
Board of the Cancer Institute. 21
(4) An administrator of the Cancer Institute is entitled to be paid 22
from the funds of the Cancer Institute such remuneration 23
(including travelling and subsistence allowances) as the Minister 24
may from time to time determine in respect of the administrator. 25
(5) The regulations may make provision with respect to 26
administrators of the Cancer Institute. 27
(6) If the position of Chief Cancer Officer is an executive position 28
within the meaning of Part 3 of Chapter 9 of the Health Services 29
Act 1997: 30
(a) the Chief Cancer Officer may not be removed from office 31
under section 121N of that Act, and 32
(b) section 121N of that Act applies: 33
(i) to and in respect of a Chief Cancer Officer who is 34
removed from office under this section, and 35
(ii) to and in respect of the executive position of a Chief 36
Cancer Officer who is so removed, 37
in the same way as it applies to and in respect of a health 38
executive who is removed from office under section 121N 39
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Cancer Institute (NSW) Amendment Bill 2012
Amendment of Cancer Institute (NSW) Act 2003 No 14 Schedule 1
and to and in respect of the executive position of a health 1
executive who is so removed. 2
[6] Section 12 General functions of Cancer Institute 3
Omit the note to section 12 (4). Insert instead: 4
Note. Staff may be employed under Chapter 9 of the Health Services Act 5
1997 in the NSW Health Service to enable the Cancer Institute to 6
exercise its functions under this or any other Act. 7
[7] Section 21 Independent review of performance of Cancer Institute 8
Omit the section. 9
[8] Section 21A 10
Insert before section 22: 11
21A Relationship with Chapter 10 of Health Services Act 1997 12
(1) Chapter 10 (Administration of the public health system) of the 13
Health Services Act 1997 extends to the Cancer Institute as if it 14
were a statutory health corporation. 15
(2) To the extent of any inconsistency, that Chapter (as extended by 16
subsection (1)) prevails over this Act. 17
[9] Section 25 Regulations 18
Omit section 25 (2)-(4). 19
[10] Schedule 1 Provisions relating to members and procedure of Board 20
Omit "3 years" from clause 4 of the Schedule. Insert instead "4 years". 21
[11] Schedule 3 22
Insert after Schedule 2: 23
Schedule 3 Savings, transitional and other 24
provisions 25
Part 1 General 26
1 Regulations 27
(1) The regulations may contain provisions of a savings or 28
transitional nature consequent on the enactment of this Act or any 29
Act that amends this Act. 30
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Cancer Institute (NSW) Amendment Bill 2012
Schedule 1 Amendment of Cancer Institute (NSW) Act 2003 No 14
(2) Any such provision may, if the regulations so provide, take effect 1
from the date of assent to the Act concerned or a later date. 2
(3) To the extent to which any such provision takes effect from a date 3
that is earlier than the date of its publication on the NSW 4
legislation website, the provision does not operate so as: 5
(a) to affect, in a manner prejudicial to any person (other than 6
the State or an authority of the State), the rights of that 7
person existing before the date of its publication, or 8
(b) to impose liabilities on any person (other than the State or 9
an authority of the State) in respect of anything done or 10
omitted to be done before the date of its publication. 11
Part 2 Provisions consequent on enactment of 12
Cancer Institute (NSW) Amendment Act 13
2012 14
2 Transfer of staff 15
(1) A person who, immediately before the commencement of this 16
clause, was employed under Chapter 1A of the Public Sector 17
Employment and Management Act 2002 to enable the Cancer 18
Institute to exercise its functions is, on that commencement, 19
transferred to the employment of the NSW Health Service under 20
Part 1 of Chapter 9 of the Health Services Act 1997. 21
(2) However, if a person referred to in subclause (1) was, 22
immediately before the commencement of this clause, an 23
executive officer under Part 3.1 of the Public Sector Employment 24
and Management Act 2002, that person is, on that 25
commencement, taken to be a health executive under Part 3 of 26
Chapter 9 of the Health Services Act 1997. 27
(3) The regulations may make provision for or with respect to the 28
transfer of employment of such persons. 29
3 Saving of appointment of members of Board 30
(1) The substitution of section 8 (1) (a) by the Cancer Institute 31
(NSW) Amendment Act 2012 does not affect the appointment of 32
any member of the Board holding office under that provision 33
immediately before the substitution. 34
(2) The amendment of clause 4 of Schedule 1 to the Act by the 35
Cancer Institute (NSW) Amendment Act 2012 does not affect the 36
term of office of any person holding office as a member of the 37
Board on the commencement of the amendment. 38
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Cancer Institute (NSW) Amendment Bill 2012
Amendment of Cancer Institute (NSW) Act 2003 No 14 Schedule 1
4 Chief Cancer Officer 1
The person holding office as Chief Cancer Officer, immediately 2
before the commencement of the amendment to section 10 by the 3
Cancer Institute (NSW) Amendment Act 2012, is taken, on that 4
commencement, to be employed as a health executive (within the 5
meaning of Part 3 of Chapter 9 of the Health Services Act 1997) 6
for the balance of the person's term of appointment as Chief 7
Cancer Officer. 8
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Cancer Institute (NSW) Amendment Bill 2012
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
2.1 Health Services Act 1997 No 154 2
[1] Section 116 Employment of staff generally 3
Insert at the end of section 116 (1) (e): 4
, and 5
(f) to enable the Cancer Institute (NSW) to exercise its 6
functions under this or any other Act. 7
[2] Chapter 10 Administration of the public health system 8
Insert after the heading to the Chapter: 9
Note. This Chapter also applies to the Cancer Institute (NSW) as if that 10
body were a statutory health corporation--see section 21A of the 11
Cancer Institute (NSW) Act 2003. 12
2.2 Public Sector Employment and Management Act 2002 No 43 13
Schedule 1 Divisions of the Government Service 14
Omit the matter relating to the Cancer Institute Division from Part 2 of the 15
Schedule. 16
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