Part 1A Provision of services

126A   (Repealed)

126B   Director-General to provide certain services

(1)  The Director-General may provide services for any or both of the following purposes:

(a)  to support the public health system and public health organisations and the public hospitals they control,

(b)  to enable the co-ordinated provision of health services involving more than one public health organisation or on a State-wide basis.

(2)  The Director-General may also, with the approval of the Minister, make and enter into contracts or agreements with any person other than a public health organisation for the provision of health support services or corporate or other services to that person.

(3)  The Director-General may determine the fees and charges payable for any service provided by or on behalf of the Director-General under this section.

(4)  The Director-General may delegate his or her functions under this section to a person or appointed body.

(5)  A delegate may subdelegate to any person or appointed body some or all of any function delegated under this section if the delegate is authorised in writing to do so by the delegator.

(6)  Section 21 of the Health Administration Act 1982 does not apply in relation to the functions under this section.

(7)  Nothing in this section limits the Director-General’s functions under this or any other Act or law.

(8)  In this section:

appointed body means a committee, board or other body appointed under section 126C by the Director-General.

126C   Appointed bodies

(1)  The Director-General may appoint a committee, board or other body for the purposes of this Part.

(2)  An appointed body is to consist of such members appointed by the Director-General as the Director-General thinks fit.

(3)  The procedure of an appointed body is to be determined by the Director-General or (subject to any determination of the Director-General) by the appointed body.

(4)  A member of an appointed body holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(5)  The Director-General may terminate the appointment of a member of an appointed body at any time for any or no reason by notice in writing to the member.

(6)  A member of an appointed body is entitled to such fees and allowances as the Director-General may determine from time to time.

(7)  A member of an appointed body is not personally liable for any act or omission done or omitted to be done in good faith for the purposes of this Part.

(8)  If subsection (7) prevents liability attaching to a member of an appointed body, the liability attaches instead to the Director-General.

126D–126F   (Repealed)

126G   Directions by Minister in relation to acquisition of services

(1)  The Minister may, by order in writing, from time to time:

(a)  require a public health organisation to acquire specified services from the Director-General or some other specified person if and when such services are required, and

(b)  give a public health organisation any necessary directions for the purposes of paragraph (a).

(2)  The following conduct is specifically authorised by this Act for the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales:

(a)  a requirement or direction of the Minister given under subsection (1),

(b)  the entering or making of a contract, agreement, arrangement or understanding as the result of such a requirement or direction,

(c)  conduct authorised or required by or under the terms or conditions of any such contract, agreement, arrangement or understanding,

(d)  any conduct of the Director-General in carrying out the Director-General’s functions or exercising the Director-General’s powers under this Part,

(e)  any conduct of a public health organisation, its agents, a person concerned in the management of the organisation or a person who is engaged or employed by the organisation:

(i)  in relation to obtaining services in accordance with this Part, or

(ii)  in complying with a requirement or direction of the Minister given under subsection (1).

(3)  Conduct authorised by subsection (2) is authorised only to the extent (if any) that it would otherwise contravene Part IV of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales.

126H   Consent of affiliated health organisations required for certain orders

(1)  (Repealed)

(2)  The Minister may not make an order under section 126G (1) that requires or directs an affiliated health organisation to do, or omit to do, anything unless the Minister has obtained the written consent of the organisation to the requirement or direction.